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NCG500246_Regional Office Historical File Pre 2018
DEPT. or ..N.VT.1.71.1.41. COMM UN ITV r' State of North Carolina Department of Environment, SEP 3 0 1993 Health and Natural Resources Division of Environmental ManagemePr" MITREWILEAL James B. Hunt, Jr., Governor Jonathan B. Howes, Secretary A. Preston Howard, Jr., P.E., Director ROBERT BROWN THE BOULIGNY COMPANY -PLANT 16 P. O. BOX 33609 CHARLOTTE NC 28233 Dear Permittee: September 30, 1993 EDEEi-INJI 5 7 T1,1 EP 2 8 1993 Subject: THE BOULIGNY COMPANY -PLANT 16 Certificate of Coverage NCG500246 General Permit NCG500000 Formerly NPDES Permit NC0079219 Mecklenburg County The Division of Environmental Management has recently evaluated all existing individual permits for potential coverage under general permits currently issued by the Division. 15A N.C.A.C. 2H .0127 allows the Division to evaluate groups of permits having similar discharge activities for coverage under general permits and issue coverage where the Division finds control of the discharges more appropriate in this manner. The Division has determined that the subject discharge qualifies for such coverage. Therefore, the Division is hereby issuing the subject Certificate of Coverage under the state-NPDES general permit no. NCG500000 which shall void NPDES Permit NC0079219. This Certificate of Coverage is issued pursuant to the requirements of North Carolina and the US Environmental Protection Agency Memorandum of Agreement dated December 6, 1983 and as subsequently amended. If any parts, measurement frequencies or sampling requirements contained in this general permit are unacceptable to you, you have the right to submit an individual permit application, associated processing fee and letter requesting coverage under an individual permit. Unless such demand is made, this decision shall be final and binding. Please take notice this Certificate of Coverage is not transferable. Part 11, E.4. addresses the requirements to be followed in case of change of ownership or control of this discharge. In the event that the facilities fail to perform satisfactorily, including the creation of nuisance conditions, the Pennittee shall take immediate corrective action, including those as may be required by this Division, such as the construction of additional or replacement wastewater treatment or disposal facilities. Construction of any wastewater treatment facilities will require issuance of an Authorization to Construct from this Division. Failure to abide by the requirements contained in this Certificate of Coverage and respective general permit may subject the Permittee to an enforcement action by the Division of Environmental Management in accordance with North Carolina General Statute 143-215.6A to 143-215.6C. Please note that the general permit does require monitoring in accordance with federal law. The monitoring data is not required to be submitted to the Division unless specifically requested, however, the permittee is required to maintain all records for a period of at least three (3) years, Post Office Box 2953 -, Raleigh, North Carolina 276.26-0535 Telephone (919) 733-5083 FAX (919) 733-9919 An Equal Opportunity .Affinitative Action Employer 50% recycled - 10% post-consurner paper Page 2 ROBERT BROWN THE BOULIGNY COMPANY -PLANT 16 Certificate of Coverage No, NCG500246 The issuance of this Certificate of Coverage is an administrative action initiated by the Division of Environmental Management and therefore, no fees are due at this time, In accordance with current rules, there are no annual administrative and compliance monitoring fees for coverage under general permits. The onlyfee you will be responsible for is a renewal fee at the time of renewal. The current permit expires July 31, 1997. This coverage will remain valid through the duration of the attached general permit. The Division will be responsible for the reissuance of the general permit and at such time, you will be notified of the procedures to follow to continue coverage under the reissued permit. Unless you fail to follow the procedures for continued coverage, you will continue to be permitted to discharge in accordance with the attached general permit. The issuance of this Certificate of Coverage does not preclude the Permittee from. complying with any and all statutes, rules, regulations, or ordinances which may be required by the Division of Environmental Management or permits required by the Division of Land Resources, the Coastal Area Management Act or any Federal or Local other governmental permit that may be required. If you have any questions or need additional information regarding this matter, please contact either the Mooresville Regional Office, Water Quality Section at telephone number (704) 663-1699, or a review engineer in the NPDES Group in the Central Office at telephone number 919/733-5083. cc: Mooresville Regional Office Central Files re1y, ( A. Preston Howar PE. STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENT, HEALTH, AND NATURAL RESOURCES DIVISION OF ENVIRONMENTAL MANAGEMENT GENERAL PERMIT NO. NCG500000 CERTIFICATE OF COVERAGE No. NCG500246 TO DISCHARGE NON -CONTACT COOLING WATER, COOLING TOWER AND BOILER BLOWDOWN, CONDENSATE AND SIMILIAR WASTEWATERS UNDER THE NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM In compliance with the provision of North Carolina General Statute 143-215.1, other lawful standards and regulatior promulgated and adopted by the North Carolina Environmental Management Commission, and the Federal Water Pollution Control Act, as amended, THE BOULIGNY COMPANY -PLANT 16 is hereby authorized to discharge non -contact cooling water, cooling tower and boiler blowdown wastewater from a facility located at THE BOULIGNY COMPANY -PLANT 16 Mecklenburg County to receiving waters designated as the UT GUM BRANCH/CATAWBA RIVER BASIN in accordance with the effluent limitations, monitoring requirements, and other conditions set forth in Parts I, II, III ar IV of General Permit No. NCG500000 as attached. This certificate of coverage shall become effective November 1, 1993. This Certificate of Coverage shall remain in effect for the duration of the General Permit. Signed this day, September 30, 1993. A. Preston Howard, jr., P.E.,Director 1?Division of Environmental Management By Authority of the Environmental Management Commission DEPT,. OF I'TZ4L isasniatz( yen State of North Carolina Department of Environment, Health, and Natural Resources Division of Environmental Management 512 North Salisbury Street Raleigh, North Carolina 27604 James B. Hunt, Jr., Governor Jonathan B. Howes, Secretary Mr, Robert Brown The Bouligny Company P 0 Box 33609 Charlotte, N.C. 28233 April 20, 1993 SUBJECT; Acknowledgement Receipt Letter County: Mecklenburg Case No, LR 93-09 N Of ORES'illtE p!.E'aa'aSeit f.1,:.1 Dear Mr, Brown: This is to acknowledge receipt of your check No. 312998 in the amount of $500,00 received from the Bouligny Company on April 20, 1993, This payment satisfies in full the civil assessmenc levied against The Bouligny Company and this case has been closed. Payment of these penalties in no way precludes further action by this Division for future violations of the NPDES Permit, If you have any questions please call Jeff Bouchelle or me at (919)733-5083, JKW/sh cc: Regional Office Enforcement/Compliance File Central Files S*ncerely, J/Kent Wiggins, Supervisor Facilities Assessment Unit Pollution Prevention Pays P.O, Box 29535, Raleigh, North Carolina 27626-0535 Telephone 919-733-7015 An Equal Opportunity Affirmative Action Employer State of North Carolina Department of Environment, Health and Natural Resources Division of Environmental Management 512 North Salisbury Street • Raleigh, North Carolina 27604 James B. Hunt, Jr., Governor A. Preston Howard, Jr„ P.E. Jonathan B. Howes, Secretary Director April 2, 1993 ATTN: ROBERT BROWN THE BOUmLIGNY COMPANY P O BOX 33609 CHARLOTTE NC 28233 RE: Request for Remission of Civil Penalty Pursuant to N.C.G.S. 143-215.6A(f) County File No: LR93 09 Dear Mr, Brown: l considered the information submitted in support of your request for remission in accordance with. G.S. 143-215.6A(f) and my delegation under G.S. 143-215.6A(h) and have not found grounds to modify the assessment of $500.00. Should you choose to pay the full penalties, you may tender payment to me at the letterhead address on or before April 21, 1993. Please make checks payable to the Department of Environment, Health, and Natural Resources. You also have the option of presenting your request to the Committee on Civil Penalty Remissions which is comprised of members of the Environmental. Management Commission. The committee may consider such requests and render final and binding decisions in these matters. You may argue your request before the committee and Division Staff will argue against any reduction of the assessment. Should you choose to present your request to the committee please notify me at the letterhead address on or before April 21, 1993. Your request will be scheduled to be heard on the agenda of the next scheduled committee meeting and you will be notified of the date and time. If a response is not received by the Division regarding this notice then your request will be scheduled on the agenda for an upcoming committee meeting. Pollution Prevention Pays P.O. Box 29535 Raleigh, North Carolina 27626-0535 Telephone 919-733-5083 An Equal Opportunity Affirmative Action Employer The Bouligny Co P y, page Thank you for your am m this Sincerely, A. Prestos Ho Director Office of General Counsel DEM Regional Office Enforcement it State of North Carolina Department of Environment, Health and natural Resources Division of Environmental Management 512 North Salisbury Street Raleigh, North Carolina 0 „Gohernocm Jonathan .1 tomot t 1123S H CHURCH STREET P 0 BOX 33609 CHARLOTTE C T`I NC 28233 Dear Mr, Brown: Subject: Remission sion bequest o Civil Penalty Assessment FI BS : NC0079219 he Btattligny Company ny Mecklenburg County This letter is to tt l nr ecl e your request for rein Basi n of the civil penalty levied must tlae, sraLn futility. The assessment was for non-subrrritt l or late submittal of Mt rrlo rthly n c ng .report. This request will be reviewed and you will be notified when a decision is < tie concerning the request. if you la t e any questions, lal use ettll Jeff Btuuehelle t (1) y Sincerely, errnal Office Btrfcrrr etnent/C:t r iplittnc Central Files . Kent' Wiggins, Supervis0 Facilities Assesstr . it Unit .16 le Box 29535 Raleigh, h, North Carolina 765.1535 Telephone 919- 60 An Equal Opportunity Affirmative Action Employer Telephone 704/334-7631 March 4, 1993 0.c,Ds.:q.ot1,4),',71TRAL 1123 South Church Street Fax 376-1410 Post Office Box 33609 572-370 Charlotte, North Carolina 28233 U,S.APS155 ER" '''laLh"1"All IMIESALli UMW, affiCE Mr. Steve W. Tedder Water Quality Section Chief Division of Environmental Management P.O. Box 29535 Raleigh, NC 27626-0535 RE: NPDES Permit NC0079219 Violation Dated February 26, 1993 MAR "- vy.,41t4t We would like to excercise Option 2 of a letter of February 26, 1993 concerning Civil Penalties for permit violation NO NC0079219, both B and C apply. Item "B" concerns environmental damage due to discharge. The last discharge by our facility was in May 1992 with no discharge thru the present time. Your failure to receive the report (C) was an inadvertent act somewhere in our organization. Our main file has copies of both May 1992 and December 1992 reports. Our best evaluation indicates a weakness in the mailing of these documents. Our corrective action concludes that all such documents be certified mail, also we have established a "Permit Report Chart" (attached) to indicate exact dates and mail certification numbers. Considering our zero discharge status, our past records and our corrective action, we would like to ask for consideration in reducing or eliminating the stated civil penalites. (Enclosed are copies of the discharge reports for December 1992, and the waiver _ (,for an administrative _ hearing. —___ _ __ , _ Your consideration will be appreciated. Respectfully, Robert Brown Plant Engineer rb/ej fr,& el: Q43 STATE OF NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION COUNTY OF_ M> GKLENBORG.. IN THE MATTER OF ASSESSMENT OF CIVIL PENALTIES AGAINST PERMIT NO. /VG 0(251-49Q,i WAIVER OF RIGHT TO AN ADMINISTRATIVE HEARING AND STIPULATION OF FACTS FILE NO. 2--1Q 9 3 Having been assessed civil penalties totalling $ 500.00 for violation(s) as set forth in the assessment document of the Director of the Division of Environmental Management dated, FEBRUARY 26, 1993 , the undersigned, desiring to seek remission of the civil penalties, does hereby waive the right to an administrative hearing in the above -stated matter and does stipulate that the facts are as alleged in the assessment document. This the 5 H day of MARCH BY ADDRESS THE BOULIGNY COMPANY P.O. BOX 33609 CHARLOTTE, NC 28233 TELEPHONE 1-704-334-7631 YF. ". "T PT, OF 1;1TU tAi State of North Carolina Department of Environment, Health and Natural Resources Division of Environmental Management 512 North Salisbury Street • Raleigh, North Carolina 27604 James B. Hunt, Jr., Governor Jonathan B. Howes, Secretary February 26, 1993 CERT D MAIL RETURN RECEIPT REQUESTED ATTN ROBERT BROWN THE BOULIGNY COMPANY -PLANT 16 P O BOX 33609 CHARLOTTE NC 28233 Subject: Assessment of Civil Penalties for Violations of the reporting requirement for: NPDES: NC0079219 Mecklenburg County LR93-09 Dear Mr. Brown: This letter transmits notice of a civil penalty assessed against The Bouligny Company -Plant 16 in the amount of $500.00. This assessment is based upon the following facts: the December, 1992, report was not filed with the Division of Environmental Management within the thirty (30) day reporting period in accordance with the monitoring and reporting requirements contained in Part I of your permit and/or 15 NCAC 2B.0506 (a) (1) (A). A Notice of Violation was sent to the facility on July 21, 1992, for the 05/31/92 discharge monitoring report. Based upon the above fact, I conclude as a matter of law that The Bouligny Company -Plant 16 violated or failed to act in accordance with the requirements of G.S. 143-215.65, A civil penalty of not more than $10,000.00 may be assessed against a person who fails to file, submit, or make available any documents, data, or reports required by G.S. 143-215.65. Based upon the above fact and conclusions of law, I hereby assess The Bouligny Company -Plant 16 $500.00 civil penalties for this second violation of G.S. 143-215.65, pursuant to the authority delegated to me by North Carolina Environmental Management Commission Regulation 15 NCAC 2J .0003 and G.S. 143-215.6A(h). Any continuing violation(s) may be subject of a new enforcement action, including an additional penalty. Pollution Prevention Pays P.Q. Box 29535, Raleigh, North Carolina .2762E-0535 Telephone 919-733-50 An Equal Opportunity Affirmative Action Employer Within thirty days receipt of this notice, you must do one of the following: Submit payment of the penalty: Payment should be made directly to the Department of Environment, Health, and Natural Resources (do not include waiver form). Payment of the penalty will not foreclose enforcement action for any continuing or new violation(s). Please submit payment to the attention of: Mr. Steve W. Tedder Water Quality Section Chief Division of Environmental Management P.O. Box 29535 Raleigh, North Carolina 27626-0535 2. Submit a written request for remission or mitigation Including a detailed justification for such request. A request for remission or mitigation Is limited to consideration of the reasonableness of the amount of the penalty and is not the proper procedure for contesting the accuracy of any of the statements contained in the assessment letter. Because a remission request forecloses the option of an administrative hearing, such a request must be accompanied by a waiver of your right to an administrative hearing and a stipulation that there are no factual or legal issues in dispute. You must execute and return to this office the attached waiver and stipulation form and a detailed statement which you believe establishes whether: (a) one or more of the civil penalty assessment factors in G.S. 143B- 282.1(b) were wrongfully applied to the detriment of the petitioner; (b) the violator promptly abated continuing environmental damage resulting from the violation; (c) the violation was inadvertent or a result of an accident; (d) the violator had been assessed civil penalties for any previous violations; (e) payment of the civil penalty will prevent payment for the remaining necessary remedial actions. Please submit this information to the attention of:. Mr. Steve W. Tedder Water Quality Section Chief Division of Environmental Management P.O. Box 29535 Raleigh, North Carolina 27626-0535 r Submit a written request for an administrative hearing: If you wish to contest any statement in this assessment letter, you must request an administrative hearing. This request must be in the form of a written petition, conforming to Chapter 150E of the North Carolina General Statutes, and filed with the Office of Administrative Hearings, Post Office Drawer 27447, Raleigh, North Carolina 27611-7447. A copy of the petition must be served on the Department as follows: Office of General Counsel Department of Environment, Health, and Natural Resources Post Office Box 27687 Raleigh, North Carolina 27611-7687 Failure to exercise one of the options above within thirty days as evidenced by a date stamp (not a postmark) indicating when we received your response, will result in this matter being referred to the Attorney General's Office with a request to initiate a civil action to collect the penalty. Please be advised that additional assessments may be levied for future violations which occur after the review period of this assessment. If you have any questions, please contact Mr. Jeff Bouchelle at (919) 733- 5083. Sinc A. Preston Howard Acting Director Attachments Regional Supervisor Compliance/Enforcement File Central Files STATE OF NORTH CAROLINA ENVIRONMENTAL MANAGE COMMISSION COUNTY OF, ., IN THE MATTER OF ASSESSMENT OF CIVIL PENALTIES AGAINST PERMIT NO. WAIVER OF RIGHT TO AN ADMINISTRATIVE HEARING AND STIPULATION OF FACTS FILE NO. Having been assessed civil penalties totalling, for violation(s) as set forth in the assessment document of the Director of the Division of Environmental Management dated, . , the undersigned, desiring to seek remission of the civil penalties, does hereby waive the right to an administrative hearing in the above -stated matter and does stipulate that the facts are as alleged in the assessment document.. This the day of , 19� BY ADDRESS State of North Carolina Department of Environment, Health and. Natural Resontilfy,-f Division of Environmental 'Management ftni , yr 51.2 North Salisbury Street • Raleigh, North Carolina 27611 James G. Martin, Governor William W. Cobey, Jr., Secretary April29, 1991 Robert Brown P, O. Box 33609 Charlotte, NC 28233 George T. Everett, PhD Director Subject: Permit No. NC0079219 The Bouligny Company Mecklenburg County Dear Mr. Brown: Ln accordance with your application for discharge pe. received on December 11, 1990, 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 Environm.ent.al Protection agency dated .December 6, 1983. If any parts, rneasurez ent frequencies or sampling requirements contained in this permit are unacceptable to you, tou have the right to an adjudicatory .hearing upon written request within thirty (30) days following receipt of this letter. This request must be in the form of a written petition, conforming to Chapter 150B of the North Carolina General Statutes, and filed with the Office of Administrative Hearings, Post Office Drawer 27447, Raleigh, North Carolina 27611. -7447. Unless such demand is made, this decision shall be final and binding. Please take notice this permit is not transferable. Part II, E.4. addresses the requirerents 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 rxay be required by the Division of Environmental Managem..ent or permitsed by the Division of. Land Resources, Coastal Area Management Act or any other Federal or L cal governrne.ntal permit that may be required. If you have any questions concerning this per telephone number 919,r733-5083. please contact Ms. Angela Griffin at Sincerely, Origin& signed by Dale Overcash for George T. Everett Pollution Prevention Pays P,O. Box 29'535, Raleigh, North Carolina 27626-0535 Telephones. 919-733-7 An Equal Opportunity Affirmative Action Employer Permit No. NC0079219 STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENT, HEALTH, AND NATURAL RESO DIVISION OF ENVIRONMENTAL MANAGEMENT PERMIT TO DISCHARGE WASTEWATER UNDER THE. NATIONAL POLLUTANT QISCHARGE ELIMINATION SYST In compliance with the provision of North Carolina General Statute 143-215.1, other lawful standards and regulations promulgated and adopted by the North Carolina Environmental Management Commission, and the Federal Water Pollution Control Act, as amended, The Bouligrty Company is hereby authorized to discharge wastewater from a facility located at Plant 16 5800 Belhaven Blvd. Charlotte Mecklenburg County to receiving waters designated as an unnamed tributary to Gum Branch in the Catawba River Basin in accordance with effluent limitations, monitoring requirements, and other conditions set forth in Parts 1, 11, and 11i hereof. This permit shall become effective September 1, 1991 This permit and the authorization to discharge shall expire at midnight on August 31, 1996 Signed this day April 29, 1991 Orlgina1 sign ed by Dale Overcash tor George T. Everett, Director Division of Environmental Management By Authority of the Environmental Management Commission is hereby authorized to. Permit No, NC0079219 SUPPLEMENT TO PERMIT COVER SHEET The Bouligny Company I. Continue to discharge non -contact cooling water, boiler blowdown, and condensate from facilities located at Plant 16, 5800 Belhaven Blvd. Charlotte, Mecklenburg County (See Part III of this Permit), and Discharge from said treatment works at die location specified on the attached map into an unnamed tributary to Gum Branch which is classified Class C waters in the Catawba Fiver Basin: A. f EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS FINAL During the period beginning on the effective date of the permit and lasting until expiration, the Pe ittee is authorized to discharge from outfall(s) serial nttnber 001, NON -CONTACT COOLING WATER. Such discharges shall be limn d and monitored by the pennittee as specified below: Eftiunt Characteristics Flow Temperature Total Residual CG loriri Lbslday, Mon. Avg,. Daily ax liqloralto Perini No. NO: -19219 easuresert x. Frequency THERE i IAL,L BE NO HR MIUM, ZINC, OR COI COPPER ADDED TO THE COOLING AT The tempre of the effluent shall be such as not to cause an increase in the temperature of the no case cause the bient ova The leer Part 1.11 of this Permit ¢tit aut attire to exceed 32°C, front<the Division of Environmental l ttrlttl ert en t prior to utilizing a nybiocide in the coo ling water (See eiving stret; et rerrrents Sample Type *Sa pie Location than 2.8cC and in The pH shall not be less than 6.0 standard units nor greater than 9.0 standard units. There shall be net discltttrge of floating solids or visible foam in other than trace amounts. A. ( ). EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS FINAL Pennit No. NC0079219 During the period beginning on the effective, date of the pennit and lasting until expiration, the .Pemlittee is authorized to discharge from outfall(s) serial number 002&003 - BOILER BLOWDOWN AND CONDENSATE. Such discharges shall be limited and monitored by the permittee as specified below: Effluent Characteristics QiiaareJdmliaiions Monitor(ng Requirements Lbsielay Units ecll Measurement Sample ,5arriple .Mon, Avg. Daily . Max Daily Max, 'Frequency Type J.ocation Flow Monthly Instantaneous E Temperature — . * Monthly Grab E, U, D Total .Residual Chlorine— Monthly Grab E THERE SHALL RE NO CHROMIUM, ZINC, OR COPPER ADDED TO THE COOLJNG WATER. * Sample Locations: E - Effluent, U - Upstream, D - Downstream ** The temperature of the effluent shall be such as not to cause an increase in the temperature of the receiving stream of more than 2,8°C and in no case cause the ambient water temperature to exceed 32°C. *** Monitoring requirements only apply if chlorine is added to the cooling water. The pernuttee shall obtain authorization from the Division of Environmental Management prior to utilizing any biocide in the cooling water (See Part III of this Permit). The pH shall not be less than 6,0 standard units nor greater than 9.0 standard units and shall be monitored monthly at the effluent by grab sample,. There shall be no discharge of floating solids or visible foam in other than trace amounts. Section .Schedule of Compliance PART l The pennittee shall comply with Final Final Effluent Limitations specified for discharges in accordance with the following schedule: Permatee shall comply with Final Effluent Limitations by the effective date of the permit unless specified below, . Permittee shall at all times provide the operation and maintenance necessary to opei existing facilities at optimum efficiency.. :e No later than 1 calendar days following a date identified in the above schedule of c rnpliance, the permittee shall submit either a report of progress or, in the case of specific actions being required by identified dates, a written notice of compliance or noncompliance. (ri the latter case, the notice shall include the cause of noncompliance, any remedial actions taken, and the probability of meeting the next schedule requirements, Part I1 Page 1of14 PART II STANDARD CONDITIONS FOR NPDES PERMITS SECTION A. DEFINITIONS 1. Permit Issuing Authority The Director of the Division of Environmental Management. 2. DEM or Division Means the Division of Environrental Management, Department of Environment, Health and Natural Resources. 3 EMC Used herein means the North Carolina Environmental Management Commission. 4. Act or "the Act" The Federal Water Pollution Control Act, also known as the Clean Water Act, as amended, 33 USC 1251, et. seq. 5. Mass/Day lvletlsurements a. The ""monthly average discharge" is defined as the total mass of all daily discharges sampled and/or measured during a calendar month on which daily discharges are sampled and measured, divided by the number of daily discharges sampled and/or measured during such month. It is therefore, an arithmetic mean found by adding the weights of the pollutant found each day of the month and then dividing this sum by the number of days the tests were reported. The limitation is identified as "Monthly Average" in Part 1 of the permit. b. The "weekly average discharge" is defined as the total mass of all daily discharges sampled and/or measured during the calendar week (Sunday - Saturday) on which daily discharges are sampled and measured, divided by the number of daily discharges sampled and/or measured during such week. It is, therefore, an arithmetic mean found. by adding the weights of pollutants found each day of the week and then dividing this sum by the number of days the tests were reported. This limitation is identified as "Weekly Average" in Part I of the permit. c. The "maximum daily discharge" is the total mass (weight) of a pollutant discharged during a calendar day. If only one sample is taken during any calendar day the weight of pollutant calculated from it is the "maximum daily discharge." This limitation is identified as "Daily Maximum," in Part I of the permit. Part II Page 2 of 14 d. The average annual discharge" is defined as the total mass of all daily discharges sampled and/or measured during the calendar year on which daily discharges are sampled and measured, divided by the number of daily discharges sampled and/or measured during such year. It is, therefore, an arithmetic mean found by adding the weights of pollutants found each day of the year and then dividing this sum by the number of days the tests were reported. This limitation is defined as "Annual Average" in Part I of the permit. 6. Concentration Measurement a. The "average monthly concentration," other than for fecal coliform bacteria, is the sum of the concentrations of all daily discharges sampled and/or measured during a calendar month on which daily discharges are sampled and measured, divided by the number of daily discharges sampled and/or measured during such month (arithmetic mean of the daily concentration values). The daily concentration value is equal to the concentration of a composite sample or in the case of grab samples is the arithmetic mean (weighted by flow value) of all the samples collected during that calendar day. The average monthly count for fecal coliform bacteria is the geometric mean of the counts for samples collected during a calendar month. This limitation is identified as "Monthly Average" under "Other Units" 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 Units" in Part I of the permit. c. The "maximum daily concentration" is the concentration of a pollutant discharge during a calendar day. If only one sample is taken during any calendar day the concentration of pollutant calculated from it is the "Maximum. Daily Concentration". It is identified as "Daily Maximum" under "Other Units" in Part I of the permit. d. The "average annual concentration," other than for fecal colifoi►in 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 rneasured divided by the number of daily discharges sampled and/or measured during such year (arithmetic mean of the daily concentration values). The daily concentration value is equal to the concentration of a composite sample or in the case of grab samples is the arithmetic mean (weighted by flow value) of all the samples collected during that calendar day . The average yearly count for fecal colifoizn bacteria is the geometric mean of the counts for samples collected during a calendar year. e. The "daily average concentration" (for dissolved oxygen) is the minimum allowable amount of dissolved oxygen required to be available in the effluent prior to discharge averaged over a calendar day. If only one dissolved oxygen sample is taken over a calendar day, the sample is considered to be the "daily average concentration" for the discharge. It is identified as "'daily average°' in the text of Pan I. Part II Page 3 of 14 f. The "quarterly average concentration" is the average of all samples taken over a calendar quarter. It is identified as "Quarterly Average Limitation" in the text of Part I of the permit. g. A calendar quarter is defined as one of the following distinct periods: January through March, April through June, July through September, and October through December. 7. Other Measurements a. Flow, (MGD): The flow limit expressed in this permit is the 24 hours average flow, averaged monthly. It is determined as the arithmetic mean of the total daily flows recorded during the calendar month. b. An "instantaneous flow measurement" is a measure of flow taken at the time of sampling, when both the sample and flow will be representative of the total discharge. c. A "continuous flow measurement" is a measure of discharge flow from the facility which occurs continually without interruption throughout the operating hours of the facility. Flow shall be monitored continually except for the infrequent times when there may be no flow or for infrequent maintenance activities on the flow device. 8. Types of Samples a. Composite Sample: A composite sample shall consist of: (1) a series of grab samples collected at equal time intervals over a 24 hour period of discharge and combined proportional to the rate of flow measured at the time of individual sample collection, or (2) a series of grab samples of equal volume collected over a 24 hour period with the time intervals between samples determined by a preset number of gallons passing the sampling point. Flow measurement between sample intervals shall be determined by use of a flow recorder and totalizer, and the present gallon interval between sample collection fixed at no greater than 1/24 of the expected total daily flow at the treatment system, or (3) a single, continuous sample collected over a 24 hour period proportional to the rate of flow. In accordance with (1) above, the time interval between influent grab samples shall be no greater than once per hour, and the time interval between effluent grab samples shall be no greater than once per hour except at wastewater treatment systems having a detention time of greater than 24 hours. In such cases, effluent grab samples may be collected at time intervals evenly spaced over the 24 hour period which are equal in number of hours to the detention time of the system in number of days. However, in no case may the time interval between effluent grab samples be greater than six (6) hours nor the number of samples less than four (4) during a 24 hour sampling period. b. Grab Sample: Grab samples are individual samples collected over a period of time not exceeding 15 minutes; the grab sample can be taken manually. 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. Part II Page 4 of 14 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). c. Weighted by Flow Value: Weighted by flow value means the summation of each concentration times its respective flow divided by the summation of the respective flows. 10. Calendar Day A calendar day is defined as the period from midnight of one day until midnight of the next day, However, for purposes of this permit, any consecutive 24-hour period that reasonably represents the calendar day may be used for sampling. . Hazardous Substance. A hazardous substance means any substance designated under 40 CFR Part 116 pursuant to Section 311 of the Clean Water Act. 12. Toxic Pollutant A toxic pollutant is any pollutant listed as toxic under Section 307(a) Act. SECTION B. GENERAL CONDITIONS of e Clean Water 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 denial of a perrnit renewal application. a. The perrnittee shall comply with effluent standards or prohibitions established under section 307(a) of the Clean Water Act for toxic pollutants and with standards for sewage sludge use or disposal established under section 405(d) of the Clean Water Act within the time provided in the regulations that establish these standards or prohibitions, even if the permit has not yet been modified to incorporate the requirement. b. The Clean Water Act provides that any person who violates a permit condition is subject to a civil penalty not to exceed $25,000 per day for each violation. Any person who negligently violates any permit condition is subject to criminal penalties of $2,500 to $25,000 per day of violation, or imprisonment for not more than 1 year, or both. Any person who knowingly violates permit conditions is subject to criminal penalties of $5,000 to $50,000 per day of violation, or imprisonment for not more than 3 years, or both. Also, any person who violates a permit condition may be assessed an administrative penalty not to exceed $10,000 per violation with the maximum amount not to exceed $125,000. [Ref: Section 309 of the Federal Act 33 U.S.C. 1319 and 40 CFR 122.41 (a)] Part II Page 5 of 14 c. Under state law, a daily civil penalty of not more than ten thousand dollars ($10,000) per violation may be assessed against any person who violates or fails to act in accordance with the terms, conditions, or requirements of a permit. [Ref: North Carolina General Statutes § 143-215.6 (a)] 2, Duty to Mitigate The permittee shall take all reasonable steps to minimize or prevent any discharge in violation of this permit which has a reasonable likelihood of adversely affecting human health or the environment.. 3. Civil and Criminal Liability Except as provided in permit conditions on "Bypassing" (Part II, B-3) and "Power Failures" (Part II, 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. 4. Oil and Hazardous Substance Liability Nothing in this permit shall be construed to preclude the institution of any legal action or relieve the permittee from any responsibilities, liabilities, or penalties to which the permittee is or may be subject to under NCGS 143-215.75 et seq. or Section 311 of the Federal Act, 33 USG 1321. Furthermore, the permittee is responsible for consequential damages, such as fish kills, even though the responsibility for effective compliance may be temporarily suspended. 5. Property Rights The issuance of this permit does not convey any property rights in either real or personal property, or any exclusive privileges, nor does it authorize any injury to private property or any invasion of personal rights, nor any infringement of Federal, State or local laws or regulations. 6. Onshore or Offshore Construction This permit does not authorize or approve the construction of any onshore or offshore physical structures or facilities or the undertaking of any work in any navigable waters. 7. $everabi1ity The provisions of this permit are severable, and if any provision of this permit, or the application of any provision of this permit to any circumstances, is held invalid, the application of such provision to other circumstances, and the remainder of this permit, shall not be affected thereby. Part II Page 6 of 14 Duty to Provide Information The permittee shall furnish to the Permit Issuing Authority, within a reasonable time, any information which the Permit Issuing Authority may request to determine whether cause exists for modifying, revoking and reissuing, or terminating this permit or to determine compliance with this permit. The permittee shall also furnish to the Permit. Issuing Authority upon request, copies of records required to be kept by this permit. 9. Duty to Reapply If the permittee wishes to continue an activity regulated by this permit after the expiration date of this permit, the permittee must apply for and obtain a new permit. 10. Jxpirtion of Permit, The permittee is not authorized to discharge after the expiration date. In order to receive automatic authorization to discharge beyond the expiration date, the permittee shall submit such information, forms, and fees as are required by the agency authorized to issue perrnits no later than 180 days prior to the expiration date, Any discharge that has not requested renewal at least 180 days prior to expiration, or any discharge that does not have a permit after the expiration and has not requested renewal at least 180 days prior to expiration, will subject the permittee to enforcement procedures as provided in NCGS 143-215.6 and 33 USC 1251 et. seq. 11, Signatory Requirements All applications, reports, or information submitted to the Permit Issuing Authority shall be signed and certified. a. All permit applications shall be signed as follows: (1) For a corporation: by a responsible corporate officer. For the purpose of this Section, a responsible corporate officer means: (a) a president, secretary, treasurer or vice president of the corporation in charge of a principal business function, or any other person who performs similar policy or decision making functions for the corporation, or (b) the manager of one or more manufacturing production or operating facilities employing more than 250 persons or having gross annual sales or expenditures exceeding 25 million (in second quarter1980 dollars), if authority to sign documents has been assigned or delegated to the manager in accordance with corporate procedures. (2) For a partnership or sole proprietorship: by a general partner or the proprietor, respectively; or (3) For a municipality, State, Federal, or other public agency: by either a principal executive officer or ranking elected official. b. All reports required by the permit and other information requested by the Permit Issuing Authority shall be signed by a person described above or by a duly authorized representative of that person. A person is a duly authorized representative only if: (1) The authorization is made in writing by a person described above; (2) The authorization specified either an individual or a position having responsibility for the overall operation of the regulated facility or activity, such as the position of plant manager, operator of a well or well field, superintendent, a position of Part II Page 7 of 14 equivalent responsibility, or an individual or position having overall responsibility for environmental matters for the company. (A duly authorized representative may thus be either a named individual or any individual occupying a named position.); and (3) The written authorization is submitted to the Permit Issuing Authority. c. Certification. Any person signing a document under paragraphs a. or b. of this section shall make the following certification: "I certify, under penalty of law, that this document and all attachments were prepared under my direction or supervision in accordance with a system designed to assure that qualified personnel properly gather and evaluate the information submitted. Based on my inquiry of the person or persons who manage the system, or those persons directly responsible for gathering the information, the information submitted is, to the best of my knowledge and 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." 12. Permit Actions This permit may be modified, revoked and reissued, or terminated for cause.The filing of a request by the perrnittee for a permit modification, revocation and reissuance, or termination, or a notification of planned changes or anticipated noncompliance does not stay any permit condition. 13. Permit Modification.Revocation and R eissuance, or Termination The issuance of this permit does not prohibit the pei wit issuing authority from reopening and modifying the permit, revoking and reissuing the permit, or terminating the permit as allowed by the laws, rules, and regulations contained in Title 40, Code of Federal Regulations, Parts 122 and 123; Title 15A of the North Carolina Administrative Code, Subchapter 2H .0100; and North Carolina General Statute 143-215.1 et, al. 14. Previous Permits All previous National Pollutant Discharge Elimination System Permits issued to this facility, whether for operation or discharge, are hereby revoked by issuance of this permit. The conditions, requirements, terms, and provisions of this permit authorizing discharge under the National Pollutant Discharge Elimination System govern discharges from this facility. SECT ON C, OPERATION AND MAINTENANCEUTION CONTROLS 1. Certified Opergor Pursuant to Chapter 90A-44 of North Carolina General Statutes, the permittee shall employ a certified wastewater treatment plant operator in responsible charge (ORC) of the wastewater treatment facilities. Such operator must hold a certification of the grade equivalent to or greater than the classification assigned to the wastewater treatment faciliries, The permittee shall notify the Division's Operator Training and Certification Unit within thirty days of any change in the ORC status. Part I Page 4 2, Proper Operation and Maintenance The permittee shall at all times properly operate and maintain all facilities and systems of treatment and control (and related appurtenances) which are installed or used by the permittee to achieve compliance with the conditions of this permit. Proper operation and maintenance also includes adequate laboratory controls and appropriate quality assurance procedures. This provision requires the operation of back-up or auxiliary facilities or similar systems which are installed by a permittee only when the operation is necessary to achieve compliance with the conditions of the permit. 3. Need to Hall 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 permitted activity in order to maintain compliance with the condition of this permit. 4. J3yp ssing of Treatment Facil a. Definitions (1) "Bypass" means the known diversion of waste streams from any portion of a treatment facility including the collection system, which is not a designed or established or operating mode for the facility. (2) "Severe property damage" means substantial physical damage to property, damage to the treatment facilities which causes them to become inoperable, or substantial and permanent loss of natural resources which can reasonably be expected to occur in the absence of a bypass. Severe property damage does not mean economic loss caused by delays in production. b. Bypass not exceeding limitations. The permittee may allow any bypass to occur which does not cause effluent limitations to be exceeded, but only if it also is for essential maintenance to assure efficient operation. These bypasses are not subject to the provisions of Paragraphs c. and d. of this section. c. Notice (1) Anticipated bypass. If the permittee knows in advance of the need for a bypass, it shall submit prior notice, if possible at least ten days before the date of the bypass; including an evaluation of the anticipated quality and affect of the bypass. (2) Unanticipated bypass. The permittee shall submit notice of an unanticipated bypass as required in Part II, E. 6. of this permit. (24-hour notice). d. Prohibition of Bypass (➢) Bypass is prohibited and the Permit Issuing Authority may take enforcement action against a permittee for bypass, unless: (a) Bypass was unavoidable to prevent loss of rife, personal injury or severe property damage; Part II Page 9 of 14 (b) There were no feasible alternatives to the bypass, such as the use of auxiliary, treatment facilities, retention of untreated wastes or maintenance during normal periods of equipment downtime. This condition is not satisfied if adequate backup equipment should have been installed in the exercise of reasonable engineering judgment to prevent a bypass which occurred during normal periods of equipment downtime or preventive maintenance; and (c) The permittee submitted notices as required under Paragraph c. of this section. (2) The Permit Issuing Authority may approve an anticipated bypass, after considering its adverse affects, if the Permit Issuing Authority determines that it will meet the three conditions listed above in Paragraph d. (1) of this section. 5. Upsets a. Definition. "Upset " means an exceptional incident in which there is unintentional and temporary noncompliance with technology based permit effluent limitations because of factors beyond the reasonable control of the permittee. An upset does not include noncompliance to the extent caused by operational error, improperly designed treatment facilities, inadequate treatment facilities, lack of preventive maintenance, or careless or improper operation. b. Affect of an upset. An upset constitutes an affirmative defense to an action brought for noncompliance with such technology based permit effluent limitations if the requirements of paragraph c. of this condition are met. No determination made during administrative review of claims that noncompliance was caused by upset, and before an action for noncompliance, is final administrative action subject to judicial review. c. Conditions necessary for a demonstration of upset. A permittee who wishes to establish the affimiative defense of upset shall demonstrate, through properly signed, contemporaneous operating logs, or other relevant evidence that: (a) An upset occurred and that the permittee can identify the cause(s) of he upset; (b) The permittee facility was at the time being properly operated; and (c) The permittee submitted notice of the upset as required in Part Il, E. 6, (b) (B) of this permit. (d) The permittee complied with any remedial measures required under Part II, B. 2. of this permit. el. Burden of proof. In any enforcement proceeding the permittee seeking to establish the occurrence of an upset has the burden of proof. Part II Page 10 of 14 6. Removed Substances Solids, sludges, filter backwash, or other pollutants removed in the course of treatment or control of wastewaters shall be disposed of in accordance with NCGS 143-215.1 and in a manner such as to prevent any pollutant from such materials from entering waters of the State or navigable waters of the United States. The permittee shall comply with all existing federal regulations governing the disposal of sewage sludge. Upon promulgation of 40 CFR Part 503, any permit issued by the Permit Issuing Authority for the disposal of sludge may be reopened and modified, or revoked and reissued, to incorporate applicable requirements at 40 CFR Part 503. The permittee shall comply with applicable 40 CFR Part 503 Standards for the Use and Disposal of Sewage Sludge (when promulgated) within the time provided in the regulation, even if the permit is not modified to incorporate the requirement. The permittee shall notify the Permit Issuing Authority of any significant change in its sludge use or disposal practices. 7. Power Failures The permittee is responsible for maintaining adequate safeguards as required by DEM Regulation, Title 15A, North Carolina Administrative Code, Subchapter 2H, .0124 Reliability, to prevent the discharge of untreated or inadequately treated wastes during electrical power failures either by means of alternate power sources, standby generators or retention of inadequately treated effluent. SECTION D. MON1TQRINQ AND RECORDS 1. Representative Sampling Samples collected and measurements taken, as required herein, shall be characteristic of the volume and nature of the permitted discharge. Samples collected at a frequency less than daily shall be taken on a day and time that is characteristic of the discharge over the entire period which the sample represents. All samples shall be taken at the monitoring points specified in this permit and, unless otherwise specified, before the effluent joins or is diluted by any other wastestream, body of water, or substance. Monitoring points shall not be changed without notification to and the approval of the Permit Issuing Authority. 2, Reporting Monitoring results obtained during the previous month(s) shall be summarized for each month and reported on a monthly Discharge Monitoring Report (DMR) Form (DEM No. MR 1, 1.1, 2, 3) or alternative forms approved by the Director, DEM, postmarked no later than the 30th day following the completed reporting period. The first DMR is due on the last day of the month following the issuance of the permit or in the case of a new facility, on the last day of the month following the commencement of discharge. Duplicate signed copies of these, and all other reports required herein, shall be submitted to the following address: Division of Environmental Management Water Quality Section ATTENTION: Central Files Post Office Box 27687 Raleigh, North Carolina 27611 Flow Meas r mints Part II Page 11 of 14 Appropriate flow measurement devices and methods consistent with accepted scientific practices shall be selected and used to ensure the accuracy and reliability of measurements of the volume of monitored discharges.. The devices shall be installed, calibrated and maintained to ensure that the accuracy of the measurements are consistent with the accepted capability of that type of device. Devices selected shall be capable of measuring flows with a maximum deviation of less than 10%© from the true discharge rates throughout the range of expected discharge volumes. Once -through condenser cooling water flow which is monitored by pump logs, or pump hour meters as specified in Part I of this permit and based on the manufacturer's pump curves shall not be subject to this requirement. 4. Test Procedures Test procedures for the analysis of pollutants shall conform to the EMC regulations published pursuant to NCGS 143-215.63 et. seq, the Water and Air Quality Reporting Acts, and to regulations published pursuant to Section 304(g), 33 USC 1314, of the Federal Water Pollution Control Act, as Amended, and Regulation 40 CFR 136. To meet the intent of the monitoring required by this permit, all test procedures must produce minimum detection and reporting levels that are below the permit discharge requirements and all data generated must be reported down to the minimum detection or lower reporting level of the procedure. If no approved methods are determined capable of achieving minimum detection and reporting levels below permit discharge requirements, then the most sensitive (method with the lowest possible detection and reporting level) approved method must be used. 5. Penalties for Tampering The Clean Water Act provides that any person who falsifies, tampers with, or knowingly renders inaccurate, any monitoring device or method required to be maintained under this permit shall, upon conviction, be punished by a fine of not more than $10,000 per violation, or by imprisonment for not more than two years per violation, or by both. 6. Records Retention The permittee shall retain records of all monitoring information, including all calibration and maintenance records and all original strip chart recordings for continuous monitoring instrumentation, copies of all reports required by this permit, for a period of at least 3 years from the date of the sample, measurement, report or application. This period may be extended by request of the Director at any time. 7 Recording Results For each measurement or sample taken pursuant to the requirements of this permit, the permittee shall record the following information: a. The date, exact place, and time of sampling or measurements; b. The individual(s) who performed the sampling or measurements; c. The date(s) analyses were performed; d. The individual(s) who perfoi riied the analyses; e. The analytical techniques or methods used; and. f. The results of such analyses. Part II Page 12 of 14 8. Inspection and Entry The permittee shall allow the Director, or an authorized representative, upon the presentation of credentials and other documents as may be required by law, to; a. Enter upon the permittee's premises where a regulated facility or activity is located or conducted, or where records must be kept under the conditions of this permit; b. Have access to and copy, at reasonable times, any records that must be kept under the conditions of this permit; c. Inspect at reasonable times any facilities, equipment (including monitoring and control equipment), practices, or operations regulated or required under this permit; and d. Sample or monitor at reasonable times, for the purposes of assuring permit compliance or as otherwise authorized by the Clean Water Act, any substances or parameters at any location. SECTION E, REPORTING REQi)TREMENTS 1. Change in Discharge All discharges authorized herein shall be consistent with the terms and conditions of this permit. The discharge of any pollutant identified in this permit more frequently than or at a level in excess of that authorized shall constitute a violation of the permit. 2. Planned Changes The permittee shall give notice to the Director as soon as possible of any planned physical. alterations or additions to the permitted facility. Notice is required only when: a. The alteration or addition to a permitted facility may meet one of the criteria for determining whether a facility is a new source in 40 CFR Part 122.29 (b); or b. The alteration or addition could significantly change the nature or increase the quantity of pollutants discharged. This notification applies to pollutants which are subject neither to effluent limitations in the permit, nor to notification requirements under 40 CFR Part 122.42 (a) (1). Anticipated Noncompliance The permittee shall give advance notice to the Director of any planned changes in the permitted facility or activity which may result in noncompliance with permit requirements. 4. Transfers This permit is not transferable to any person except after notice to the Director. The Director may require modification or revocation and reissuance of the permittee and incorporate such other requirements as may be necessary under the Clean Water Act. Part II Page 13 of 1.4 Monitoring results shall be reported at the intervals specified elsewhere in this permit. a. Monitoring results must be reported on a Discharge Monitoring Report (DMR) (See Part II. D. 2. of this permit). b. If the permittee monitors any pollutant more frequently than required by the permit, using test procedures specified in. Part 11, D. 4. of this permit, the results of this monitoring shall be included in the calculation and reporting of the data submitted in the DMR. c. Calculations for all limitations which require averaging of measurements shall utilize an arithmetic mean unless otherwise specified by the Director in the permit. 6. Twenty-four Hour Reporting a. The permittee shall report to the central office or the appropriate regional office any noncompliance which may endanger health or the environment. Any information shall be provided orally within 24 hours from the time the permittee became aware of the circumstances. A written submission shall also be provided. within 5 days of the time the permittee becomes aware of the circumstances. The written submission shall contain a description of the noncompliance, and its cause; the period of noncompliance, including exact dates and times, and if the noncompliance has not been corrected, the anticipated time it is expected to continue; and steps taken or planned to reduce, eliminate, and prevent reoccurrence of the noncompliance. b. The following shall be included as information which must be reported within 24 hours under this paragraph. (A) Any unanticipated bypass which exceeds any effluent limitation in the permit. (B) Any upset which exceeds any effluent limitation in the permit. (C) Violation of a maximum daily discharge limitation for any of the pollutants listed by the Director in the permit to be reported within 24 hours. c. The Director may waive the written report on a case -by -case basis for reports under paragraph b. above of this condition if the oral report has been received within 24 hours. Other Noncompliance The permittee shall report all instances of noncompliance not reported under Part II. E. 5 and 6. of this permit at the time monitoring reports are submitted. The reports shall contain the information listed in Part II. E. 6. of this permit. Other Information Where the permittee becomes aware that it failed to submit any relevant facts in a permit application, or submitted incorrect information in a permit application or in any report to the Director, it shall promptly submit such facts or information. PartlI Page 14 of 14 9. Noncompliance Notification The permittee shall report by telephone to either the central office or the appropriate regional office of the Division as soon as possible, but in no case more than 24 hours or on the next working day following the occurrence or first knowledge of the occurrence of any of the following: a. Any occurrence at the water pollution control facility which results in the discharge of significant amounts of wastes which are abnormal in quantity or characteristic, such as the dumping of the contents of a sludge digester; the known passage of a slug of hazardous substance through the facility; or any other unusual circumstances. b. Any process unit failure, due to known or unknown reasons, that render the facility incapable of adequate wastewater treatment such as mechanical or electrical failures of pumps, aerators, compressors, etc. c. Any failure of a pumping station, sewer line, or treatment facility resulting in a by-pass directly to receiving waters without treatment of all or any portion of the influent to such station or facility. Persons reporting such occurrences by telephone shall also file a written report in letter form within 5 days following first knowledge of the occurrence. 10. Availability of Reports Except for data determined to be confidential under NCGS 143-215.3(a)(2) or Section 308 of the Federal. Act, 33 USC 1318, all reports prepared in accordance with the terms shall be available for public inspection at the offices of the Division of Environmental Management. As required by the Act, effluent data shall not be considered confidential. Knowingly making any false statement on any such report may result in the imposition of criminal penalties as provided for in NCGS 143-215.1(b)(2) or in Section 309 of the Federal Act. 11. ,P na1tiesfor Falsification of Repari The Clean Water Act provides that any person who knowingly makes any false statement, representation, or certification in any record or other document submitted or required to be maintained under this permit, including monitoring reports or reports of compliance or noncompliance shall, upon conviction, be punished by a fine of not more than $10,000 per violation, or by imprisonment for not more than two years per violation, or by both. PART III OTHER REQUIREI' ENTS A. Constrpction No construction of wastewater treatment facilities or additions to add to the plant's treatment capacity or to change the type of process utilized at the treatment plant shall be begun until Final Plans and Specifications have been submitted to the Division of Environmental Management and written approval and Authorization to Construct has been issued. B . Groundwater Monitoring The permittee shall, upon written notice from the Director of the Division of Environmental Management, conduct groundwater monitoring as may be required to determine the compliance of this NPDES permitted facility with the current groundwater standards. C. Changes in Discharges of Toxic Substances The permittee shall notify the Permit Issuing Authority as soon as it knows or has reason to believe: a. That any activity has occurred or will occur which would result in the discharge, on a routine or frequent basis, of any toxic pollutant which is not limited in the permit, if that discharge will exceed the highest of the following "notification levels'; (1) One hundred micrograms per liter (100 ug/1); (2) Two hundred micrograms per liter (200 ug!1) for acrolein and acrylonitrile; five hundred micrograms per liter (500 ug/1) for 2.4-dinitrophenol and for 2-methy1-4.6-dinitrophenol; and one milligram per liter (1 mg/1) for antimony; (3) Five (5) times the maximum concentration value reported for that pollutant in the permit application. b. That any activity has occurred or will occur which would result in any discharge, on a non -routine or infrequent basis, of a toxic pollutant which is not limited in the permit, if that discharge will exceed the highest of the following "notification levels"; (1) Five hundred micrograms per liter (500 ug/1); (2) One milligram per liter (1 mg/1) for antimony; (3) Ten (10) times the maximum concentration value reported for that pollutant in the permit application. Perrtrit No, NC0079219 D. BiocideConditira The permitte shall not use any biocides except those approved in conjunction with the permit application. The permittee shall notify the Director in writing not later than ninety (90) days prior to instituting use of any additional biocide used in cooling systems which may be toxic to aquatic life other than those previously reported to the Division of Environmental Management. Such fication shall include completion of Biocide Worksheet Form 101 and a rap locating the charge point and receiving stream, AL PART IV R G MPL1ANCE I 0 ORINGFEEQC A. The pe ttee must pay the annual administering and compliance monitoring fee within 30 (thirty) days after being billed by the Division. Failure to pay the fee in a timely nner in accordance with 15A NCAC 2H el(b)(4) may cause this Division to initiate action to revoke the nit® Permit No. NC007'92 ➢ 9 STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENT, HEALTH, AND NATURAL RESOURCES DIVISION OF ENVIRONMENTAL MANAGEMENT PERMIT TO DISCHARGE WASTEWATER UNDER THE NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM In compliance with the provision of North Carolina General Statute 143-215.1, other lawful standards and regulations promulgated and adopted by the North Carolina Environmental Management Commission, and the Federal Water Pollution Control Act, as amended, is hereby authorized to h The Boigrty Company ge wastewater from a. Plant 5800 Belhaven Blvd, Charlotte Mecklenburg County ocated at to receiving water designated as an unnamed tributary Lo urn Branch in the Catawba River Basin in accordance with effluent li Parts I, II, and III hereof. ations, rnortitoring requirements, and other conditions set forth in This petit shall become effective This pexmit and the authorization to discharge shall expire at midnight on August 31, 1996 Signed this day George T. Everett, Director Division of Environmental Management By Authority of the Environmental Management Commission AL MANAGE, NT AL OFFICE is hereby authorized to: Permit No, NC0079219 SUPPLEMENT TO PERMIT COVER SHEET The Bouligny Company g )0-ter and c risatefrom 1, Continue to discharge not - o act oolin k ter, bo own, onde facilities located at Plant 16, 5800 Belhaven Blvd Charlotte Mecklenburg County (See Part 111 of this Permit), and 2. Discharge from said treatment works at the location specified on the attached map into an unnamed tributary to Gum Branch which is clasofted Class C waters in the Catawba River Basin, A. (). EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS FINAL Permit No. NCO 79219 During the period beginning on the effective date of the permit and lasting until expiration, the Permittee is authorized to discharge from outfall(s) serial number 001, NON -CONTACT COOLING WATER. Such discharges shall be limited and monitored by the per►nittee as specified below:. Ch Flow Temperature Total Residual Chlorine Discharge Limitations Monitoring Requirements Lbs/day Units (specify) Measurement Sample Mort, Avg, Daily Max Mno, Avg, 'UalIv Max, Frequency Type TI-II RE SHALL BE NO CHROMIUM, ZINC, OR COPPER ADDED TO THE CO( LING WA I ER. *Sample Location The temperature of the effluent shall be such as not to cause an increase in the temperature of the receiving strewof more titan 2.8°C and in no case cause the ambient water temperature to exceed 32°C. The perrnittee shall obtain authorization from the Division of Environmental Management prior to utilizing any biocide' they cooling water (See Part III of this Pernnit). The pH shall not be less than 6.0 standard units nor greater than 9.0 standard units. There shall be no discharge of floating solids or visible foam in other than trace amounts. A. ( ). EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS FINAL Permit No, NC0079219 During the period beginning on the effective date of the permit and lasting until expiration, the Permittee is authorized to discharge from outfall(s) serial number 002&003 - BOILER BLOWDOWN AND CONDENSATE. Such discharges shall be limited and monitored by the permittee as specified below: Effluent Characteristics Discharge limitations Monitoring Requirements Lbs/day Units (specIfY) Measurement Sample *sample Mon, Avg, Daily Max Mon. Avg, Dan}, Max. Frequency Type Location Flow Monthly Temperature Monthly Total Residual Chlonne—• Monthly instantaneous E Grab E, U, D Grab THERE SHALL BE NO CHROMIUM, ZINC, OR COPPER ADDED TO THE COOLING WATER, * Sample Locations: E - Effluent, U - Upstream, D - Downstream ** The temperature of the effluent shall be such as not to cause an increase in the temperature of the receiving stream of more than 2.8°C and in no case cause the ambient water temperature to exceed 32QC. *** Monitoring requirements only apply if chlorine is added to the cooling water, The permittee: shall obtain authorization from the Division of Environmental Management prior to utilizing any biocide in the cooling er Part 111 of this Permit). The pH shall not be less than 6,0 standard units nor greater than 9,0 standard units and shall be monitored monthly at the effluent by grab. sample. There shall be no discharge of floating solids or visible foam n other than trace amounts. To: Permits and Engineering Unit Water Quality Section Date: January 25, 1991 NPDES STAFF REPORT AND RECOMMENDATIONS County: Mecklenburg NPDES Permit No.: NC0079219 MRO No. 91-2 PART 1 - GENERAL INFORMATION 1. Facility and Address: The Bouligny Company, Plant 16 Robert Brown, Plant Engineer Post Office Box 33609 Charlotte, North Carolina 28233 2. Date of Investigation: January 24, 1991,. 3. Report Prepared By: Kim H. Colson, Environmental Engineer I 4. Person Contacted and Telephone Number: Robert Brown, Plant Engineer; 704/334-7631 Directions to Site: From the intersection of N. C. Highway 16 and S. R. 2019 (Oakdale Road) north of Charlotte, proceed north on N. C. Highway 16 approximately 0.25 mile. The Bouligny Company is on the right side of the road. 6 Discharge Point(s), List for all discharge Points: - 001, 002, 003 Latitude: 35° 17' 02" Longitude: 80 54' 02" Attach a USGS Map Extract. and indicate treatment plant site and discharge point on map. USGS Quad No.: F 15 SW 7. Size (land available for expansion and upgrading): There is adequate land available for expansion and upgrading. 8 Topography (relationship to flood plain included): Area is relatively flat, with moderate slopes along the northeast side. This site is not located in the 100 year flood plain. 9. Location of Nearest Dwelling: No dwellings are located within 1000 feet. 10. Receiving Stream or Affected Surface. Waters: Unnamed tributary to Gum Branch a. Classification:. C Two b. River Basin and Subbasin. No.: Catawba; 03-08-34 c. Describe receiving stream features and. pertinent downstream uses: General "C" classification uses PART II - DESCRIPTION OF DISCHARGE AND TREATMENT WORKS 1. Type of Wastewater: 0% Domestic 100% Industrial a. Volume of Wastewater: 900 gal/month (Design Capacity) b. Types and quantities of industrial wastewater: Industrial wastewater is non -contact cooling water, boiler blowdown, and condensate. The cooling water and boiler blowdown does not contain biocides. c. Prevalent toxic constituents in wastewater: Chloroform was noted in samples taken by Mecklenburg County. The source of the chloroform is unknown at this time. d.. Pretreatment Program (POTWs only): N/A 2 Production Rates (industrial discharges only) in Pounds: N/A Description of industrial Process (for industries only) and Applicable CFR Part and Subpart.: N/A 4. Type of Treatment (specify whether proposed or existing): There is no existing treatment. Sludge Handling and Disposal Scheme: No sludge is generated at this facility. 6. Treatment Plant Classification: Less than, 5 points; no rating (include rating sheet). No rating 7. SIC Code(s): 3552 Wastewater Code(s): Primary: 14 Secondary: 16 PART III - OTHER PERTINENT INFORMATION 1. Is this facility being constructed with Construction Grants Funds (municipals only)? N/A 2. Special monitoring requests: N/A Additional effluent limits requests: N/A 4. Air Quality and/or Groundwater concerns or hazardous waste utilized at this facility that may impact water quality, a quality or groundwater? None known 5. Other: N/A ge Thr PART IV - EVALUATION AND RECOMMENDATIONS The applicant, The Bouligny Company, has applied for permit renewal, The current Permit was issued on August 16, 1990 and expires on August 31, 1991. There have been no changes in the discharges since issuance of the current Permit. This Office recommends the subject Permit be renewed. S Report Preparer Date Water ty '"=gional Supervisor Date {WA)..}.r Ia;e^.yob S!-a. State of North Carolina i��tiis} e ent of ,ivironment, Health, and Natural leso Division of Environmental Management 512 North Salisbury Street • Raleigh, North Carolina 27611 dames G. Martin, Governor Wiliam W. Cobey, Jr., Secretary Robert Brown, Pit. Engr. The Bou l igny Company PO Box 33609 Charlotte, NC 28233 Dear Mr-. Brown. is to. acknowledge receipt Application Form igineering Proposal (for proposed con quest for permit renewal, Application Processing Fee f 20( -Other Analyses by Mecklenburg DEP, 12/21/9(1 George T. Everett, PhD. Director Subject: NPDES Permit Application NPDES Permit No , NC0©79219 Plant 16 klenburg County the following documents on December. 11, 1990; ies), checked below are needed before review can begin: Application Form ,Engineering proposal (see attachment) , Application Processing Fee of Delegation of Authorit. (s. Biocide Sheet (see attache Otherr:�1r.t ched) If the application is not made complete within thirty (30) days, it will be returned to you and may be resubmitted when complete. application has been. assigned to Jule Shanklin ( 19/733--5083) of our Permits Unit for review. you will be advised ot an comments recommendations, questions or other information necessary for the review of the application. am, by copy of this; letter, requestthat our Peq_zonai Office Lsor prepare a staff report and recommendations io ns regarding th. charge. If you, have any questions regarding this applications, please contact the review person listed above. cerely, Mooresville Regional Office Pollution Prevention Pays P,O. Box 27687, Raleigh, North Carolina, 2761.1-7687 Telephone 919-733-7015 An Equal Opportunity Affimiattve Action Employer r TH CAROLINA DEPT. OF NATURAL RESOURCES AND COMMUNITY DEVELOPMENT ISION OF ENVIRONMENTAL 'MANAGMENT, P,O. BOX 27687, RALEIGH, NC 27611 L POLLUTANT DISCHARGE ELIMINATION SYSTEM TION FOR PERMIT TO DISCHARGE — SHORT FORM C To be filed only by persons engaged in manufacturing and mining FOR AGENCY USE Do not attempt to complete this form before reading accompanying instructions Please print or type 1, Name, address, location, and telephone number of facility producing discharge A. Name The B©ulignv Cotnpnv 2. SIC APP AT Ii3N NUMBER DATE RECEI1fE0 1 ,10 T�.) YEAR M0. DAY (-44' Wo . 3oV l s. T ii . OD B. Mailing address 1. Street address 1123... � C urch Street B,t3w :Box 33609 2. City Charlotte 3, stated C. lac 4. CountyMgcklenburg 1. Street 5Rf7() Flrmkghi rm. B1zir1_ 2. city Charlotte 4. StateNC D. Telephone No 704 3 4-7631 Leave b Area Code 3. Number of employees If all your waste is di and to the best of your kn permit, proceed to item 4. 5. ZIQ. 28233 3. County Iec lenburg . t ril-cp.T. OF NATURAL JAN 2 _, E ed into a publicly owned waste treatment facility dge you are not required to obtain a discharge herwise proceed directly to item 5 4. If you meet the condition stated above, check here o and supply the information asked for below. After completing these items, please complete the date, title, and signature blocks below and return this form to the proper reviewing office without completing the remainder of the form. A, Name of organization responsible for receiving waste N/A B. facility receiving waste: 1, Name 2. Street address 3. City 4, County 5. State 6. ZIP °Principal product,. '5. 7. rial (Check one) Principal process Lab to test equipment and processes Maximum amount of principal product produced or raw material consumed per 1-99 (Check one) 200-499 (3) (4) nt 1000- 4999 (5) 5000- 10,000- 9999 49,999 (6) (7) 50,000 Or more (R) rear PRE vI©US EOIT1ON MAY ISE USED UNTIL SUPPL"K IS ExH,US TE©. MAAincer malmth! uf ItrInflOal 1ytOdWIVII ir row mAlvriol volo)r1,0 10 1Lefr. /, dkove. 15 mCs.%urvd tn (Lhe0t1c): A,pounds 8.c tons C.0 barrels 0.0 bushels E.0 squaie feet F.0 gallons 0.0 pieces or units H.0 other, specify 9. (a) Check here if discharge occurs all year , or b) Check the month( s ) discharge occurs: 1.C) january 2.0February 3, March 7,0 Jul-y 3,0 August 9.0 `..eptemb..ir 4,0 April i 0.0 Gc to r 5.0 may 6.c3 June 11.0November 12.0 December (C) CneCk ho.., many days per week: 1,0 1 2 3.0 4-5 4.0 0-7 10. Types of waste water discharged tc, surface waters only (check as appl caule jischarge Dor Operating Jay A. San:try, average F iow„ gallons per operating day disc. g(perceot) 1 00-4999 0-9999 (3) 10,000- 49,999 (4) or more . - 29,9 7) 30- 64,9 (8) 6 .- 95- 94.9 100 (10) B. Cooling. water, etc da,ly a,era„,-4, C. Prcces 1y av,!°.rdqr X D. Maximur per operat- ing day 1r.r"X dischargi, (all tiiPs11 11, !f an. c.f ri,e three types of waste identified in Iter 10. erther treated. or Untreated, an.? drged to p !aces other than Surfacewater checi, .blow as 'app1icab1e_ Waste wster is discharged to: Average ons per operating day 0.1-999 (1) 1000-4999 (2) 5000-9999 (3) 10,00O-49.999 (4) (5) A, Mn :Ira) 3eer 5y5Pm B. Ungergrouw3 N/A Serii- lar. 0, EYdD0r,ItiCr rr poni E. Otner, N/A 12, Number of separate di scharoe points: A.10 1 13. Name of receiving water or waters Gtm. Branch C. 0 1-5 0.0 6 Or n.ore 14. Does your discharge contain or is it possible for your discharge to contain one or more of the following substances added as a result of your operations, activities, or processes: ammonia, cyanide, aluminum, beryl 1 ium, cadmium, chromium, copperlead, mercury, nickel , selenium, zinc. phenols, 011 and grease. and chlorine (residual). A.0 yes 8 .)Crio I certify that 1 am familiar with the information contained in the application and that to the best of My knowledge and belief such informationis true, complete, and accurate. Robert B p Plant Engineer Title Date ApplicationApphcatior SignedSignature of Applicant North. Carolina General Statute 143-215.6(b)(2) provides that: Any person who knowingly makes any false statement representation, or certification in any application, record, report, plan, or other document files or required to be maintained under Article. 21 or regulations of the Environmental Management Commission implementing that Article, or who falsifies, tampers with, or knowly renders inaccurate any recording or monitoring device or method required to be operated or maintained under Article. 21 or regulationsof the Environmental Management Commissi implementing that Article, shall be guilty of a misdemeanor pumishable by a fine not to exceed $10,000, or by imprisonment not to exceed six months, or by both. (18 U.S.C. Section 1001 provi a punishment by a fine of not more than $10,000 or imprisonment not more than 5 years, or both, for a similar offense.) ay :ond2sctivi ty ]iss°lved Solids Lj Volatile („?, Fixed a Suspend d ids G� Volatile L Fixed CPS Total Sys1ids Volatile Lam,_.,, ©PI uedTag JTU Haromass ma i s to re Q� AiIICA "_11T. Natar G Gross Bau Mr Gross. Mptus [7 Gross Beta a ©A, CO`LET .Pt ntLhL:nAUxU OF ENVIRCt:'<EyT z=L 1{ Delivered to LaO On: Cats u ¢P2 G�tarira, R, i sal 2p Dissolved Oxygen ° FP2 Flucrida !„1 weans electrode L"1 sped pp ear tr ;11 acid ; rP Ais=onia 9itrogen. t i tri ssa tri Ross lerizati°n IC eld hl >ritrrgen (j guide a Total Ph°s; Ort.~cr:t°sPh°rus, PO4-P Q Sulfate. SO4-S ITT grariaetric tsreidicetr1c Sulflde U Non-Cnlif°rta L.7 Fecal Strep L7 / vHTSICA4 Calor Li CsmtJctivity GissdIveld SOIld1 vci.ltila P2 Fixed a Suspended Salida Li Volatile Ha t•J JTU units mtt.m.tneuxia Launii DEPANT OF ENV/ROMeENTAL HE,A4111 ENViACMMENTAL LA8OUTORY Acidity Infty L7 ChIcrid iNORGAN1CS Oil Greas units Organic Acids L7 aa ppm Phenol L7 P po Chlorins. Residpal _ppm Oissalved Oxygen Q PP: Fluoride Fixed Li ppm spadns cIida L.:7_ ppm electrode , Volatile Li P72 'Fixed nc VT ,C2E,TCAL TIPI Organic L.7 Inorganic L7 Mciatare L Yly PA17.17,,1,,,77ITY Watar Gross Aloha pC1/1 Gross 8sta pC1/1 Air Gross Alpha L7 pCi/m3 arriSS Rata fg pci/m4 3AIE cwIETCO: Nitrata. m03-N L7 U7 spec ohromotrophic acid Ammonia Itt7ogen. X11-4 t! metric nessIsrization tieldJhl Nitrd.cen ET ,pp. emeda Total Phosonorus. P / OrthPh0fl. P0a-P 17_ PIP* Sulfate. SO4-S / atti apm C rtct. phot=etric ap cnicrcforo extraction Li soo -EE.coo L./ Surt2ctants / 7 a P., p;m •IV MInEzAl. PP2 Cu (7, gravimetric turbidimetric Sulfide a CTtTtOCA pp pie Fecal Califaro ET /I I Total Coliform 'mem' C Mon-Coliform L:T ilOOml H Fecal Strep /100mI Pb 1.7 A3 OIRECIOR TOXIC ,„ • 0 pC;i41 2PV". P7,1g: State of North Carolina Department :f environment, Health, and. Natural Resources. N400resville Regional Office Governor stabey, )r., Secs ark Albert F. Hilton, Regional Manager DIVISION OF ENVIRONMENT?L MANAGEMENT August 21, 1990 Mr. Robert Brown Post. Office Box 33609 Charlotte, North Carolina 28233 Subject: NPDES Permit No. NC 0079219 The Bouligny Company Mecklenburg County, NC Dear Mr. B Our records indicate that NPDES Permit No. NC 0079219 was issued on. August 16, 1990 for the discharge of wastewater to the surface waters of the State from your facility. The purpose of this letter is to advise you of the importance of the Permit and the liabilities in the event of failure to comply with the terms and conditions of the Permit. If you have not already done so, it is suggested that you thoroughly read the Permit. Of particular importance are Pages 4 and 5. Pages 4 and 5 set forth the effluent limitations and monitoring requirements for your discharge(s). Your discharges) must not exceed any of the limitations set forth. The section headed "Monitoring Requirements" describes the measurement frequencies, sample types and sampling locations. Upon commencement of your discharge (or operation), you must initiate the required monitoring. The monitoring results must. be entered on the reporting forms furnished to you by this Agency. If you have not received these forms, they should be arriving shortly. If you fail to receive the forms, please contact this Office as quickly as possible. I have enclosed. a sample of the "Effluent" reporting form (DEM Form MR-1), plus instructions for completing the form. It is imperative that all applicable parts be completed, and the original and one copy be submitted as required. The remaining Parts of the Permit set forth definitions, general conditions and special conditions applicable to the operation of wastewater treatment facilities and/or discharge(s). The conditions include special reporting requirements in the, event of noncompliance, bypasses, treatment unit/process 919 Noah Main. Street, a41ooresville, NC, 28115 • Tilephone 704-663-I6; " • FAX 704-663-6040 An Equal Opportunity Affirm Enploy r Mr. Robert. Brown Page Two August 21, 1990 failures, etc. Also addressed are requirements for a certified wastewater treatment plant operator if you are operating wastewater treatment facilities. Any changes in operation of wastewater treatment facilities, quantity and type of wastewater being treated or discharged, expansions and/or upgrading of wastewater treatment facilities must be permitted or approved by this Agency. Failure to comply with the terms and conditions of an NPDES Permit subjects the Permittee to enforcement action pursuant to Section 143-215.6 of the North Carolina General Statutes. A civil penalty of up to S10,000 per violation plus criminal penalties may be assessed for such violations. If you find at any time that you are unable to comply with the terms and conditions of the Permit, you should contact this Office immediately. A Consent Order may be necessary while pursuing action to obtain compliance. As a final note, an NPDES Permit is normally issued for a five-year period. Permits are not automatically renewed. Renewal requests must be submitted to this Agency no later than 180 days prior to expiration. Please make note of the expiration date of your Permit. This date is set forth on Page 1 of the Permit. Also note that NPDES Permits are not transferable. If you, as the Permittee, cease to need this Permit, then you should request that the Permit be rescinded. As mentioned previously, the purpose of this letter is to advise you of the importance of your NPDES Permit. Please read the Permit and contact this Office at 704/663-1699 in Mooresville if you have any questions or need clarification. We look forward to providing any assistance. Sincerely, D. Rex Gleason, P. E. Water Quality Regional Supervisor Enclosure DRG:se State of North Carolina partment of Environment, Health, and Natural Resources Division of Environmental Management 512 North Salisbury Street . Raleigh, North Carolina 27611 in, t,:,ovemor bey. fir., Secretary August Mr. Robert Brown. P. 0. Box 33609 Charlotte, NC 28233 Dear Mr. Brown.: George T. Everett, Ph.D. Director Permit No. NC0079219 The Bout i.gny Company Meek. l enhii rg County In accordance with your application for d.isch.ar• 1990, we are forwarding herewith the subject State NP issued pursuant to the requirements of North. Carol{- G the Memorandum of Agreement between North Carolina and Agency dated, December 6, 1983. -nit received on May 8, This permit is to 143-215.1 and Envi.ronmenti.i Protection If any parts, measurement frequencies or sampling requirements contained in this permit are unacceptable to you, you have the right to an adjudic€ttory hearing upon. written. request within thirty (30) days following receipt of this letter. This request must be in the form of a written petition, conforming to Chapter 1508 of the North. Carolina General Statutes, and filed with the Office of Administrative. Hearings, Post Office Drawer 11666, Raleigh, North Carolina 27604. Unless such. demand is made, this decision shall be final and binding. Please take notice that this permit i addresses the requirements to be followed. .it this discharge. not trait able. Part II, E.4 case of change in ownership or 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 permits required by the Division of Land Resources, Coastal Area. Management Act or any other Federal or Local governmental permit that may be required, Shanks I.f you. have any questions concerning this permit, please contact Mr. Jule ra at telephone number 919/733-5083. Sincerely, Original sign+d by Date Overcash to George. T. Everett cc: Mr Jim Patrick, EPA Ito' Resit:nut 1.:o Pofudon Prevention Pays F,O. Box 27687, Raleigh, North Carolina 27611-7687 Telephone 919-7 An Equal Opportunity Affirmative Action Employer 7015 Permit No. NC0079219 STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENT, HEALTH, AND NATURAL RESOURCES DIVISION OF ENVIRONMENTAL MANAGEMENT PERMIT TO DISCHARGE WASTEWATER UNDER THE NATIO AL POLLUTANT DISCHA'QE ELIMINATION SYSTEM In compliance with the provision of North Carolina General Statute 143-215.1, other lawful standards and regulations promulgated and adopted by the North. Carolina Environmental Management Commission, and the Federal Water Pollution. Control Act, as amended, The Bouligny Company is hereby authorized to discharge wastewater from a facility located at Plant 16 5800 Belhaven Blvd. Charlotte Mecklenburg County to receiving waters designated as an unnamed tributary to Gum Branch 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 August 16, 1990 This permit and the authorization to discharge shall expire at midnight on August 31, 1991 Signed this day August 16, 1990 George T. Everett, Director Division of Environmental Management By Authority of the Environmental Management Commission No: NC0079219 SUPPLE TO PER R S ET The Bouligny is hereby authorized to 1, Continue to charge non -contact cooling water, boiler blowdown, and condensate num facilities located at Plant 16, 5800 Belhaven Blvd., Charlotte, k nb County (See Part III of this Permit), d Disch ge unnamed trilutaa Basin. .s nt or at to Gum Branch which e1 tins a i on the a i lassifi Class C waters i p into a e Catawba River A. (). EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS FINAL Permit No, NC0079219 During the period beginning on the effective date of the permit and lasting until expiration, the Permittee is authorized to discharge from outfall(s) serial number 002&003 - BOILER. BLOWDOWN AND CONDENSATE. Such discharges shall be limited and monitored by the permittee as specified below: Effluent Characteristics Dischprgo LImltatlent Mon ltorIna Requirements I.blctay, !Units (specifyl '14Aeasurement $ample *sample Mon. Avg, Daily Max Mon. Avg, P IIy Max, Frequency Tvpe Location Flow Monthly Instantaneous E Temperature * * * * Monthly Grab E, U, Total Residual Chlorine"* Monthly Grab E THERE SHALL BE NO CHROMIUM, ZINC, OR COPPER ADDED TO THE COOLING WATER. * Sample Locations: E - Effluent, U Upstream, D - Downstream ** The temperature of the effluent shall be such as not to cause an increase in the temperature of tthe receiving stream of more than 2.8°C and in no case cause the ambient water temperature to exceed 32°C. *** Monitoring requirements only apply if chlorine is added to the cooling water. The permittee shall obtain authorization from the Division of Environmental Management prior to utilizing any biocide in the cooling water (See Part III of this Permit). The pH shall not be less than 6.0 standard units nor greater than 9.0 standard units and shall be monitored monthly at the effluent by grab sample. There shall be no discharge of floating solids or visible foam in other than trace amounts. A. ( ). EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS FINAL Permit No. NC0079219 During the period beginning on the effective date of the permit and lasting until expiration, the Permit tee is authorized to discharge from outfall(s) serial number 001, NON -CONTACT COOLING WATER. Such discharges shall be limited and monitored by the permittee as specified below: tfltiettt Characteristics Qls lIarpc Limitations Monitoring 9eaulrements Mon. Avg. Daily .Max Flow Temperature Total Residual Chlorine Units (specifyl Measyrrement, Sample *SPmPte Mon. Ava. Daily Max, Frequency Tvpe. Location THERE SHALL BE NO CHROMIUM, ZINC, OR COPPER ADDED TO THE COOLING WATER. * The temperature of the effluent shall be such as not to cause an increase in the temperature of the receiving stream of more than 2.8°C and in no case cause the ambient water temperature to exceed 32°C. The permittee shall obtain authorization from the Division of Environmental Managem Part III of this Permit). n The pH shall not be less than 6.0 standard units nor greater than 9.0 standard units. There shall be no discharge of floating solids or visible foam in other than trace amounts. prior to utilizing any biocide in the cooling water (See PART I ecticnB. Schedule of c Ompiianc The perrnittee shall comply with Final ` fftuent Limitations specified for discharges in accordance with the following schedule: Perrnittee shah comply with Final Effluent Limitations by the effective date of the permit unless specified. low. 2. Pertnittee shall at all times provide the operati.att and Mai recess to operas+ existing facilities at OptiriltITI1 efficiency. No later than 14 calendardays following a date identified in the above schedule of compliance, the permittee shall submit either a report of progress or, in the case of specific actions being required by identified dates, a written notice of compliance or noncompliance. In the latter case, the notice shalt include the cause of noncompliance, any remedial actions taken, and the probability of meeting the next schedule requirements. ntenancc he Part 11 Page 1 of 14 PART II STANDARD CONDITIONS FOR NPDES PERMITS SECTION A. DEFINITIONS, 1. Permit Issuing Authority The Director of the Division of Environmental Management. 2. DEM or j ivision Means the Division of Environmental Management, Department of Environment, Health and Natural Resources. 3, EM Used herein means the North Carolina Environmental Management Comion. 4. Act or "the Act" The Federal Water Pollution Control Act, also known as the Clean Water Act, as amended, 33 USC 1251, et. seq. 5. Mass/Day Measurements a. The "monthly average discharge" is defined as the total mass of all daily discharges sampled and/or measured during a calendar month on which daily discharges are sampled and measured, divided by the number of daily discharges sampled and/or measured during such month, It is therefore, an arithmetic mean found by adding the weights of the pollutant found each day of the month and then dividing this sum by the number of days the tests were reported. The limitation is identified as "Monthly Average" in Part I of the permit. b, The weekly average discharge" is defined as the total mass of all daily discharges sampled and/or measured during the calendar week (Sunday - Saturday) on which daily discharges are sampled and measured, divided by the number of daily discharges sampled and/or measured during such week. It is, therefore, an arithmetic mean found by adding the weights of pollutants found each day of the week and then dividing this sum by the number of days the tests were reported. This limitation is identified as "Weekly Average" in Part 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. Part II Page 2 of 14 d. The "average annual discharge" is defined as the total mass of all daily discharges sampled and/or measured during the calendar year on which daily discharges are sampled and measured, divided by the number of daily discharges sampled and/or measured during such year. It is, therefore, an arithmetic mean found by adding the weights of pollutants found each day of the year and then dividing this sum by the number of days the tests were reported. This limitation is defined as "Annual Average" in Part I of the permit. 6. Concentration Measurement a. The "average monthly concentration," other than for fecal coliform bacteria, is the sum of the concentrations of all daily discharges sampled and/or measured during a calendar month on which daily discharges are sampled and measured, divided by the number of daily discharges sampled and/or measured during such month (arithmetic mean of the daily concentration values). The daily concentration value is equal to the concentration of a composite sample or in the case of grab samples is the arithmetic mean (weighted by flow value) of all the samples collected during that calendar day. The average monthly count for fecal coliform bacteria is the geometric mean of the counts for samples collected during a calendar month, This limitation is identified as "Monthly Average" under "Other Limits" in Part I of the permit. b. The 'average weekly concentration,'" other than for fecal coliform bacteria, is the sum of the concentrations of all daily discharges sampled and/or measured during a calendar week (Sunday/Saturday) onwhich daily discharges are sampled and measured divided by the number of daily discharges sampled and/or measured during such week (arithmetic mean of the daily concentration values). The daily concentration value is equal to the concentration of a composite sample or in the case of grab samples is the arithmetic mean (weighted by flow value) of all the samples collected during that calendar day. The average weekly count for fecal coliform bacteria is the geometric mean of the counts for samples collected during a calendar week. This limitation is identified as "Weekly Average" under "Other Limits"' in Part I of the permit. c. The "maximum daily concentration" is the concentration of a pollutant discharge during a calendar day. If only one sample is taken during any calendar day the concentration of pollutant calculated from it is the "Maximum Daily Concentration". It is identified as "Daily Maximum" under "Other Limits" in Part I of the perrnit. d, The "average annual concentration," other than for fecal coliform bacteria, is the sum of the concentrations of all daily discharges sampled and/or measured during a calendar year on which daily discharges are sampled and measured divided by the number of daily discharges sampled and/or measured during such year (arithmetic mean of the daily concentration values). The daily concentration value is equal to the concentration of a composite sample or in the case of grab samples is the arithmetic mean (weighted by flow value) of all the samples collected during that calendar day . The average yearly count for fecal coliforrn bacteria is the geometric mean of the counts for samples collected during a calendar year. This limitation is identified as "Annual Average" under "Other Limits" in Part I of the permit. e. The "daily average concentration" (for dissolved oxygen) is the minimum allowable amount of dissolved oxygen required to be available in the effluent prior to discharge averaged over a calendar day, If only one dissolved oxygen sample is taken over a calendar day, the sample is considered to be the "daily average concentration" for the discharge. It is identified as "daily average" in the text of Part I. Part 11 Page 3 of 14 . The "quarterly average concentration is the average of all samples taken over a calendar quarter. It is identified as "Quarterly Average Limitation" in the text of Part. I of the permit. g. A calendar quarter is defined as one of the following distinct periods: January through March, April through June, July through September, and October through December. 7. Other Measurements a. Flow, (MGD): The flow limit expressed in this permit is the 24 hours average flow, averaged monthly. It is determined as the arithmetic mean of the total daily flows recorded during the calendar month. b. An "instantaneous flow measurement" is a measure of flow taken at the time of sampling, when both the sample and flow will be representative of the total discharge. c. A "continuous flow measurement" is a measure of discharge flow from the facility which occurs continually without interruption throughout the operating hours of the facility. Flow shall be monitored continually except for the infrequent times when there may be no flow or for infrequent maintenance activities on the flow device. Types of Sampled a. Composite Sample: A composite sample shall consist of: (1) a series of grab samples collected at equal time intervals over a 24 hour period of discharge and combined proportional to the rate of flow Treasured at the time of individual sample collection, or (2) a series of grab samples of equal volume collected over a 24 hour period with the time intervals between samples determined by a preset number of gallons passing the sampling point. Flow measurement between sample intervals shall be determined by use of a flow recorder and totalizer, and the present gallon interval between sample collection fixed at no greater than 1/24 of the expected total daily flow at the treatment system, or (3) a single, continuous sample collected over a 24 hour period proportional. to the rate of flow. In accordance with (1) above, the time interval between influent grab samples shall be no greater than once per hour, and the time interval between effluent grab samples shall be no greater than once per hour except at wastewater treatment systems having a detention time of greater than 24 hours. In such cases, effluent grab samples may be collected at time intervals evenly spaced over the 24 hour period which are equal in number of hours to the detention time of the system in number of days. However, in no case may the time interval between effluent grab samples be greater than six (6) hours nor the number of samples less than four (4) during a 24 hour sampling period. b. Grab Sample: Grab samples are individual samples collected over a period of time not exceeding 15 minutes; the grab sample can be taken manually. 9. Calculation of Meana a Arithmetic Mean: The arithmetic mean of any set of values is the suTntation of the individual values divided by the number of individual values. Part 11 Page 4 of 14 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). c. Weighted by Flow Value: Weighted by flow value means the summation of each concentration times its respective flow divided by the summation of the respective flows. 10. Calendar Day A calendar day is defined as the period from midnight of one day until midnight of the next day. However, for purposes of this permit, any consecutive 24-hour period that reasonably represents the calendar day may be used for sampling. 11. Hazardous Substance A hazardous substance means any substance designated under 40 CFR Part 116 pursuant to Section 311 of the Clean Water Act. 12. Toxic Pollutant A toxic pollutant is any pollutant listed as oxic under Section 307(a)(1) of the Clean Water Act. SECTION B. GENERAL: CO N1 1TIONS 1. Duty to Comply The penttittee must comply with all conditions of this permit. Any permit noncompliance constitutes a violation of the Clean Water Act and is ground for enforcement action; for permit termination, revocation and reissuance, or modification; or denial of a permit renewal application. a. The per rtrittee 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 these standards or prohibitions, even if the permit has not yet been modified to incorporate the requirement. b. Any person who violates a permit condition is subject to a civil penalty not to exceed $25,000 per day for each violation. Any person who negligently violates any permit. condition is subject to criminal penalties of $2,500 to $25,000 per day of violation, or imprisonment for not more than 1 year, or both. Any person who knowingly violates permit conditions is subject to criminal penalties of $5,000 to $50,000 per day of violation, or imprisonment for not more than 3 years, or both. Also, any person who violates a permit condition may be assessed an administrative penalty not to exceed $10,000 per violation with the maximum amount not to exceed $125,000. [Ref: 40 CFR 122.41(a)J Part II Page 5 of 14 2. Duty to Mitigate The permittee shall take all reasonable steps to minimize or prevent any discharge in violation of this permit which has a reasonable likelihood of adversely affecting human health or the environment. Civil and Criminal. Liability Except as provided in permit conditions on "Bypassing" (Part II, B-3) and "Power Failures" (Part II, 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. 4. Coil and Hazardous Substance Liability. Nothing in this permit shall be construed to preclude the institution of any legal action or relieve the permittee from any responsibilities, liabilities, or penalties to which the permittee is or may be subject to under NCGS 143-215.75 et seq. or Section 311 of the Federal Act, 33 USG 1321. Furthermore, the permittee is responsible for consequential damages, such as fish kills, even though the responsibility for effective compliance may be temporarily suspended. . Property Right The issuance of this permit does not convey any property rights in either real or personal property, or any exclusive privileges, nor does it authorize any injury to private property or any invasion of personal rights, nor any infringement of Federal, State or local laws or regulations. 6. Onshore or Offshore Construction This permit does not authorize or approve the construction of any onshore or offshore physical structures or facilities or the undertaking of any work in any navigable waters. 7. 5evertjlity The provisions of this permit are severable, and if any provision of this permit, or the application of any provision of this permit to any circumstances, is held invalid, the application of such provision to other circumstances, and the remainder of this permit, shall not be affected thereby. S . Duty to Provide Information. The permittee shall furnish to the Permit Issuing Authority, within a reasonable time, any information which the Permit Issuing Authority may request to determine whether cause exists for modifying, revoking and reissuing, or terminating this permit or to determine compliance with this permit. The permittee shall also furnish to the Permit Issuing Authority upon request, copies of records required to be kept by this permit. 9. Duty to 1Zeapply If the permittee wishes to continue an activity regulated by this permit a date of this peniiit, the permittee must apply for and obtain a new permit. xpiration Part I1 Page 6 of 14 10. Expiration of Permit The permittee is not authorized to discharge after the expiration date. In order to receive automatic authorization to discharge beyond the expiration date, the permittee shall submit such information, forms, and fees as are required by the agency authorized to issue permits no later than 180 days prior to the expiration date. Any discharge that has not requested renewal at least 180 days prior to expiration, or any discharge that does not have a permit after the expiration and has not requested renewal at least 180 days prior to expiration, will subject the permittee to enforcement procedures as provided in NCGS 143-215.6 and 33 USC 1251 et. seq. 11. signatory Requirements All applications, reports, or information submitted to the Perrrit Issuing Authority shall be signed and certified. a. All permit applications shall be signed as follows: (1) For a corporation: by a responsible corporate officer. For the purpose of this Section, a responsible corporate officer means: (a) a president, secretary, treasurer or vice president of the corporation in charge of a principal business function, or any other person who performs similar policy or decision making functions for the corporation, or (b) the manager of one or more manufacturing production or operating facilities employing more than 250 persons or having gross annual sales or expenditures exceeding 25 million (in second quarter 1980 dollars), if authority to sign documents has been assigned or delegated to the manager in accordance with corporate procedures. (2) For a partnership or sole proprietorship: by a general partner or the proprietor, respectively; or (3) For a municipality, State, Federal, or other public agency: by either a principal executive officer or ranking elected official. b. All reports required by the permit and other information requested by the Permit Issuing Authority shall be signed by a person described above or by a duly authorized representative of that person. A person is a duly authorized representative only if: (1) The authorization is made in writing by a person described above; (2) The authorization specified either an individual or a position having responsibility for the overall operation of the regulated facility or activity, such as the position of plant manager, operator of a well or well field, superintendent, a position of equivalent responsibility, or an individual or position having overall responsibility for environmental matters for the company. (A duly authorized representative may thus be either a named individual or any individual occupying a named position.); and (3) The written authori n is submitted to the Permit Issuing Authority, Part I1 Page 7 of 14 c. Certification. Any person signing a document under paragraphs a. or b. of this section shall make the following certification: "I certify, under penalty 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." 12. permit Actions This permit may be modified, revoked and reissued, or terminated for cause.The filing of a request by the permittee for a permit modification, revocation and reissuance, or termination, or a notification of planned changes or anticipated noncompliance does not stay any permit condition, 13. Permit Modification. Revocation and Reissuance. or Termination The issuance of this permit does not prohibit the permit issuing authority from reopening and modifying the permit, revoking and reissuing the permit, or terminating the permit as allowed by the laws, rules, and regulations contained in Title 40, Code of Federal Regulations, Parts 122 and 123; Title 15 of the North Carolina Administrative Code, Subchapter 2H .O100; and North Carolina General Statute 143-2151 et. al. 14. Previous Permits All previous National Pollutant Discharge Elimination System Permits issued to this facility, whether for operation or discharge, are hereby revoked by issuance of this permit. The conditions, requirements, terms, and provisions of this perniit authorizing discharge under the National Pollutant Discharge Elimination System govern discharges from this facility. E IN PTI A N C► I TION CONTROL 1. Certified Operator Pursuant to Chapter 90A-44 of North Carolina General Statutes, the permittee shall employ a certified wastewater treatment plant operator in responsible charge (ORC) of the wastewater treatment facilities. Such operator must hold a certification of the grade equivalent to or greater than the classification assigned to the wastewater treatment facilities. The permittee shall notify the Division's Operator Training and Certification Unit within five days of any change in the ORC status. Part II Page 8 of 14 2. Proper Operation and Maintenance The permittee shall at all times properly operate and maintain all facilities and systems of treatment and control (and related appurtenances) which are installed or used by the permittee to achieve compliance with the conditions of this permit. Proper operation and maintenance also includes adequate laboratory controls and appropriate quality assurance procedures. This provision requires the operation of back-up or auxiliary facilities or similar systems which are installed by a permittee only when the operation is necessary to achieve compliance with the conditions of the permit. Need 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 permitted activity in order to maintain compliance with the condition of this permit. 4. Bypassing of Treatment FFcilide a. Definitions (1) "Bypass" means the known diversion of waste streams from any portion of a treatment facility including the collection system, which is not a designed or established or operating mode for the facility. (2) "Severe property damage" means substantial physical damage to property, damage to the treatment facilities which causes them to become inoperable, or substantial and permanent loss of natural resources which can reasonably be expected to occur in the absence of a bypass. Severe property damage does not mean economic loss caused by delays in production. b. Bypass not exceeding limitations. The permittee may allow any bypass to occur which does not cause effluent limitations to be exceeded, but only if it also is for essential maintenance to assure efficient. operation. These bypasses are not subject to the provisions of Paragraphs c. and d. of this section. Notice (1) Anticipated bypass. If the permittee knows in advance of the need for a bypass, it shall submit prior notice, if possible at least ten days before the date of the bypass; including an evaluation of the anticipated quality and affect of the bypass. (2) Unanticipated bypass. The permittee shall submit notice of an unanticipated bypass as required in Part II, E. 6. of this permit.. (24-hour notice). d. Prohibition of Bypass (1) Bypass is prohibited and the Pe Issuing Authority may against a permittee for bypass, unless:: (a) Bypass was unavoidable to prevent loss o property damage; enforcement action personal in Yo vere Part II Page 9 of 14 (b) There were no feasible alternatives to the bypass, such as the use of auxiliary treatment facilities, retention of untreated wastes or maintenance during normal periods of equipment downtime. This condition is not satisfied if adequate backup equipment should have been installed in the exercise of reasonable engineering judgment to prevent a bypass which occurred during normal periods of equipment downtime or preventive maintenance; and (c) The permittee submitted notices as required under Paragraph c, of this section. (2) The Permit Issuing Authority may approve an anticipated bypass, after considering its adverse affects, if the Permit Issuing Authority determines that it will meet the three conditions listed above in Paragraph d. (l) of this section. 5. Upsets a. Definition. "Upset "' means an exceptional incident in which there is unintentional and temporary noncompliance with technology based permit effluent limitations because of factors beyond the reasonable control of the permittee. An upset does not include noncompliance to the extent caused by operational error, improperly designed treatment facilities, inadequate treatment facilities, lack of preventive maintenance, or careless or improper operation. b. Affect of an upset. An upset constitutes an affirmative defense to an action brought for noncompliance with such technology based permit effluent limitations if the requirements of paragraph (3) of this condition met. No determination made during administrative review of claims that noncompliance was caused by upset, and before an action for noncompliance, is final administrative action subject to judicial review. c. Conditions necessary for a demonstration of upset. A permittee who wishes to establish the affirmative defense of upset shall demonstrate, through properly signed, contemporaneous operating logs, or other relevant evidence that; (a) An upset occurred and that the permittee can identify the cause(s) of the upset; (b) The permittee facility was at the time being properly operated; and (c) The permittee submitted notice of the upset as required in Part II, E. 6. (b) (B) of this permit. (d) The permittee complied with any remedial measures required under Part II, B. 2. of this permit. d. Burden of proof. In any enforcement proceeding the permittee seeking to establish the occurrence of an upset has the burden of proof. Part Page 1 f} of 14 b. Removed Subs an 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. The permittee shall comply with all existing federal regulations governing the disposal of sewage sludge, and with applicable 40 CFR Part 503 Standards for the Use and Disposal of Sewage Sludge when promulgated. Upon promulgation of 40 CFR Part 503, any permit issued by the Permit Issuing Authority for the disposal of sludge may be reopened and modified, or revoked and reissued, to incorporate applicable requirements at 40 CFR Part 503. The permittee shall notify the Permit. Issuing Authority of any significant change in its sludge use or disposal practices, 7. Power Failures The permittee is responsible for maintaining adequate safeguards as required by DEM Regulation, Title 15, North Carolina Administrative Code, Subchapter 2H, .0124 Reliability, to prevent the discharge of untreated orinadequately treated wastes during electrical power failures either by means of alternate power sources, standby generators or retention of inadequately treated effluent. SECTION D. MONITORING AND. RECORDS 1, Represeptative Sampling Samples collected and measurements taken, as required herein, shall be characteristic of the volume and nature of the permitted discharge. Samples collected at a frequency less than daily shall be taken on a day and time that is characteristic of the discharge over the entire period which the sample represents. All samples shall be taken at the monitoring points specified in this permit and, unless otherwise specified, before the effluent joins or is diluted by any other wastestream, body of water, or substance. Monitoring points shall not be changed without notification to and the approval of the Permit Issuing Authority. 2, Reporting Monitoring results obtained during the previous month(s) shall be summarized for each month and reported on a monthly Discharge Monitoring Report (DMR) Form (DEM No. MR 1, 1.1, 2, 3) or alternative forms approved by the Director, DEM, postmarked no later than the 30th day following the completed reporting period. The first DMR is due on the last day of the month following the issuance of the permit or in the case of a new facility, on the last day of the month following the commencement of discharge. Duplicate signed copies of these, and all other reports required herein, shall be submitted to the following address: Division of Environmental Management Water Quality Section. ATTENTION: Central Files Post Office Box 27687 Raleigh, North Carolina 27611 Part 11 Page 11 of 14 Flow Measurements Appropriate flow measurement devices and methods consistent with accepted scientific practices shall be selected and used to ensure the accuracy and reliability of measurements of the volume of monitored discharges. The devices shall be installed, calibrated and maintained to ensure that the accuracy of the measurements are consistent with the accepted capability of that type of device. Devices selected shall be capable of measuring flows with a maximum deviation of less than + 10% from the true discharge rates throughout the range of expected discharge volumes. Once -through condenser cooling water flow which is monitored by pump logs, or pump hour meters as specified in Part 1 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,E+3 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. To meet the intent of the monitoring required by this permit, all test procedures must produce minimum detection and reporting levels that are below the permit discharge requirements and all data generated must be reported down to the minimum detection or lower reporting level of the procedure. If no approved methods are determined capable of achieving minimum detection and reporting levels below permit discharge requirements, then the most sensitive (method with the lowest possible detection and reporting level) approved method must be used. 5. Penalties for Tampering. The Clean Water Act provides that any person who falsifies, tampers with, or knowingly. renders inaccurate, any monitoring device or method required to be maintained under this permit shall, upon conviction, be punished by a fine of not more than $iO,000 per violation, or by imprisonment for not more than two years per violation, or by both. 6. Records Retention The permittee shall retain records of all monitoring information, including all calibration and maintenance records and all original strip chart recordings for continuous monitoring instrumentation, copies of all reports required by this permit, for a period of at least 3 years from the date of the sample, measurement, report or application. This period may be extended by request of the Director at any time. 7. Recording Results For each measurement or sample taken pursuant to the requirements of this permit, the permittee shall record the following information: a. The date, exact place, and time of sampling or rneasurenaents; b. The individual(s) who performed the sampling or measurements; c. The date(s) analyses were performed; d.. The individual(s) who performed the analyses; e. The analytical techniques or methods used; and f, The results of such analyses. Pan II Page 12 of 14 8. Inspea tiott and Entry The pen -mace shall allow the Director, or an authorized representative, upon the presentation of credentials and other documents as may be required by law, to; a. Enter upon the permittee`s premises where a regulated facility or activity is located or conducted, or where records must be kept under the conditions of this permit; b. Have access to and copy, at reasonable times, any records that must be kept under the conditions of this permit; c. Inspect at reasonable times any facilities, equipment: (including monitoring and control. equipment), practices, or operations regulated or required under this permit; and d. Sample or monitor at reasonable times, for the purposes of assuring permit compliance or as otherwise authorized by the Clean Water Act, any substances or parameters at any location. SECTION E, REPORTING 1. Change in Discharge E UIREMENTS All discharges authorized herein shall be consistent with the terms andconditions of this permit. The discharge of any pollutant identified in this permit more frequently than or at a level in excess of that authorized shall constitute a violation of the permit. 2. Planned Changes The perrnittee shall give notice to the Director as soon as possible of any planned physical alterations or additions to the permitted facility. Notice is required only when: a. The alteration or addition to a permitted facility may meet one of the criteria for determining whether a facility is a new source in 40 CFR Part 122.29 (b); or b. The alteration or addition could significantly change the nature or increase the quantity of pollutants discharged. This notification applies to pollutants which are subject neither to effluent limitations in the permit, nor to notification requirements under 40 CFR Part 122.42 (a) (1). Anticipated NoncompJi tnCe. The perrnittee shall give advance notice to the Director of any planned changes in the permitted facility or activity which may result in noncompliance with permit requirements. 4. Trnrtsfers This permit is not transferable to any person except after notice to the Director. The Director may require modification or revocation and reissuance of the permittee and incorporate such other requirements as may be necessary under the Clean Water Act. 6. Part 11 Page l ;? of 14 ln)toring Reports Monitoring results shall be reported at the intervals specified elsewhere in this permit.. a. Monitoring results must be reported on a Discharge Monitoring Report (DMR) (See Part 11. D. 2. of this permit). b. If the permittee monitors any pollutant more frequently than required by the perrnit, using test procedures specified in Part Ii, D, 4. of this permit, the results of this monitoring shall beincluded in the calculation and reporting of the data submitted in the DMR. c. Calculations for all limitations which require averaging of measurements shall utilize an arithmetic mean unless otherwise specified by the Director in the permit. a. The permittee shall report to the central office or the appropriate regional office any noncompliance which may endanger health or the environment. Any information shall be provided orally within 24 hours from the time the permittee became aware of the circumstances. A written submission shall also be provided within 5 days of the time the permittee becomes aware of the circumstances, The written submission shall contain a description of the noncompliance, and its cause; the period of noncompliance, including exactdates and times, and if the noncompliance has not been corrected, the anticipated time it is expected to continue; and steps taken or planned to reduce, eliminate, and prevent reoccurrence of the noncompliance. b. The following shall be included as information which must be reported within 24 hours under this paragraph. (A) Any unanticipated bypass which exceeds any effluent li.rnit ttton in the permit. (13) Any upset which exceeds any effluent limitation in the permit. (C) Violation of a maximum. daily discharge limitation for any of the pollutants listed by the Director in the permit to be reported within 24 hours. c. The Director may waive the written report on a case-by-ca.se basis for reports under paragraph b. above of this condition if the oral report has been received within 24 hours. 7. Other Noncompliance The permittee shall report all instances of noncompliance no'treported under Part II. E. 5 and 6. of this permit at the time monitoring reports are submitted. The reports shall contain the information listed in Part II. E. 6. of this permit. Ot er Information Where the permittee becomes aware that it failed to submit any releva application, or submitted incorrect information in a permit application or Director, it shall promptly submit such facts or information. facts In a permit any report to the Part 11 Page 14 of 14 9. ,Noncompliance Notification The perrnittee 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: 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 purnping station, sewer line, or treatment facility resulting in a by-pass directly to receiving waters without treatment of all or any portion of the influent, to such station or facility, Persons reporting such occurrences by telephone shall also file a written report itt letter form within 15 days following first knowledge of the occurrence. 10. Availability gf Reports Except for data determined to be confidential under NCGS 143-2.15.3(a)(2) or Section 3.08 of the Federal Act, 33 USC 1318,, all reports prepared in accordance with the terms shall be available for public inspection at the offices of the Division of Environmental Management.. As required by the Act, effluent data shall not be considered confidential. Knowingly making any false statement on any such report may result in the imposition of criminal penalties as provided for in NCGS 143-215.1(b)(2) or in Section 309 of the Federal Act. 11. Penalties for Falsification of Reports The Clean Water Act provides that any person who knowingly makes any false statement, representation, or certification in any record or other document submitted or required to be maintained under this permit, including monitoring reports or reports of compliance or noncompliance shall, upon conviction, be punished by a fine of not more than $10,O(X) per violation, or by imprisonment for notmore than two years per violation, or by both. PART III OTHER REQUIREMENTS A. Construction No construction of wastewater treatment facilities or additions to add to the plant's treatment capacity or to change the type of process utilized at the treatment plant shall be begun until Final Plans and Specifications have been submitted to the Division of Environmental Management and written approval and Authorization to Construct has been issued. B. Groundwater Monitoring The 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 fiacility with the current groundwater standards. C. changes in Discharges of Toxic Substances The perrtrittee shall notify the Permit Issuing Authority as soon as it knows or has reason to believe: a. That any activity has occurred or will occur which would result in the discharge, on a routine or frequent basis, of any toxic pollutant which is not limited in the permit, if that discharge will exceed the highest of the following "notification levels"; (I) One hundred rnicrograms per liter (100 ug/l); (2) Two hundred micrograms per liter (200 ug/1.) for acrolein and acrylonitrile; five hundred micrograms per liter (500 ug/I) for 2.4-dinitrophenol and for 2-methyl-4.6-dinitrophenol; and one milligram per liter (1 mg/I) for antimony; O Five (5) times the maximum concentration value reported for that pollutant in the permit application. b. That any activity has occurred or will occur which would result in any discharge, on a non -routine or infrequent basis, of a toxic pollutant which is not limited in the permit, if that discharge will exceed the highest of the following "notification levels"; (1 • Five hundred micrograms per liter (500 ug/!.); (2) One milligram per liter (I mg/I) for antimony; (3) Ten (10) dines the maximum concentration value reported application. that pollutant in the permit Part III Permit No. NC0079219 D. Biocide Condition The perInittee shall not use any biocides except those approved in conjunction with the permit application. The permittee shall notify the Director in writing not later than ninety (90) days prior to instituting use of any additional biocide used in cooling systems which may be toxic to aquatic life other than those previously reported to the Division of Environmental Management. Such notification shall include completion of Biocide Worksheet Form 101 and a map locating the discharge point and receiving stream. NNOA ADMINI RI t AND COMPLIANCEFEE REQUIRE Thy Per ne IS the a tl e lz g comply itl In 30 (thirty) days t r being bill d by the Division. Failure t pay the In e ti elF manner in accordance with 15 N ,0105(h)(4 reuse s Division i ►ftl to actio o xev e the era t. To: Permits and Engineering Unit Water Quality Section Date: May 30, 1990 NPDES STAFF REPORT. AND RECOMMENDATIONS County: Mecklenburg NPDES Permit No.: NC 0079219 MRO No.: 90-88 PART 1 - GENERAL INFORMATION 1. Facility and Address: The Bouligny Company Robert Brown, Plant Engineer Post Office Box 33609 Charlotte, North Carolina 28233 2. Date of Investigation: May 23, 1990 Report Prepared By: Kim H. Colson, Environmental Engineer I 4. Person Contacted and Telephone Number: Robert Brown; (704) 334-7631 5 Directions to Site: From the intersection of N. C. Highway 16 and S. R. 2019 (Oakdale Road) in Mecklenburg County, proceed north on Highway 16 approximately 0.25 mile. The Bouligny Company is on the right side of the road. 6. Discharge Point(s), List for all discharge. Points: Latitude: 35° 17' 02" Longitude: 80° 5402" Attach a USGS Map Extract and indicate treatment plant site and discharge point on map. USGS Quad No.: F 15 SW 7. Size (land available for expansion and upgrading): There is adequate land available for expansion and upgrading. 8. Topography (relationship to flood plain included): Area is relatively flat, with moderate slopes along the northeast side. This site is not in a flood plain. 9. Location of Nearest Dwelling: No dwellings are iocated within 1000 feet. 10. Receiving Stream or Affected Surface, Waters: Unnamed tributary to Gum Branch a. Classification: C b. River Basin and Subbasin No.: Catawba; 03-08-34 Page. Two c. Describe receiving stream features and pertinent downstream uses: No known downstream uses other than as prescribed by the Water Quality Standards. There is no defined watercourse at the point of discharge, 7Q10 flow would be zero. PART II - DESCRIPTION OF DISCHARGE AND TREATMENT WORKS 1. Type of Wastewater: 0% Domestic 100% industrial a. Volume of Wastewater: 900 gallons/month (Design Capacity) b. Types and quantities of industrial wastewater: Wastewater is non -contact cooling water, boiler blowdown, and condensate. The cooling water and boiler blowdown does not contain biocides. c. Prevalent toxic constituents in wastewater: Chloroform was noted in samples taken by Mecklenburg County. The source of the Chloroform is unknown at this time. d. Pretreatment Program (POTWs only): N/A 2. Production Rates (industrial discharges only) in Pounds: N/A Description of industrial Process (for industries only) and Applicable CFR Part and Subpart: N/A 4. Type of Treatment (specify whether proposed or existing): Na treatment is proposed at this time. 5 Sludge Handling and Disposal Scheme: No sludge is expected at this facility. 6. Treatment Plant Classification: Less than 5 points; no rating (include rating sheet). No rating . SIC Code(s): 3552 Wastewater Code(s): Primary: 14 Secondary: 16 PART III - OTHER PERTINENT INFORMATION Is this facility beingconstructed with Construction Grants Funds (municipals only)? N/A 2. Special monitoring requests: N/A 3. Additional effluent limits requests: N/A 4. Other: N/A Page Three PART IV - EVALUAT.ION AND RECOMMENDATIONS The applicant, The Bouligny Company, has proposed to discharge non -contact cooling water, condensate, and boiler biowdown. to an unnamed tributary to Gum Branch. There are three separate existing discharge points. The discharges have occurred, for an unknown period of time. The discharges occur at the rear of the training building. There is no defined watercourse at the point of discharge. A small unnamed tributary to Gum Branch is located approximately 150 feet below the discharge. The wastewater consists of only non -contact cooling water, condensate, and boiler blowdown.. The discharges are intermittent, occurring during training sessions only. The applicant has reported that no biocides are used in any of the discharges. The source of chloroform found in. samples is unknown at this time. Municipal sewer service is available in this area. The sewer that serves the main building is along N. C. Highway 16. Wastewater from the existing discharges would have to be pumped to this sewer. The applicant has considered this option however, but feels discharging to the surface water is a more economical alternative. This Office recommends the Permit be issued with the following conditions: no biocides may be used in the permitted discharges. Water ualit Report Preparer ©nai Supervisor Date State of North Carolina Department of Environment, Health, and Natural RetiourFe, Division of Environmental Management MOORfsv/ aE 512 North Salisbury Street * Raleigh, North Carolina 27611 James G, Martin, Governor Wiliam W. Cobey, Jr., Secretary 5/9/90 Robert arc wn, Plt. Engr. The Bouligny Company PO Box 33609 Charlotte, NC 28233 Dear Mr. Brown :. George T. Everett, PhD. Director Subject: NPDES Permit Application NPDES Permit No.NC0079219 Plant 16 Mecklenburg County This is to acknowledge receipt of the following documents on May Application Form Engineering Proposal (for proposed control facilities Request for permit renewal, Application Processing Fee of $200.0(4 Other Analyses, Site sketch, 6, 1990: The items checked below are needed before review can begin: Application Form Engineering proposal (see attachment), Application Processing Fee of Delegation of Authority (see attached) Biocide Sheet (see attached) Other If the application is not made complete within thirty (30) days, it will he returned to you and may be resubmitted when complete. This application has been assigned to Jule Shanklin (919/733--5083) of our Permits Unit for review. You will be advised of any comments recommendations, questions or other information necessary for the review of the application. I am, by copy of this letter, requesting that our Regional Office Supervisor prepare a staff report and recommendations regarding this discharge. If you have any questions regarding this applications, please contact the review person listed above. -incerely, CC: Mooresville Regional Office Dale Overcash, P.E. Pollution Prevention Pays P.0, Box 27687, Raleigh, North Carolina 27611-7687 Telephone 919-733-7015 An Equal Opportunity Affirmative Action Employer • Telephone 1 23, South Church iox 33809 Street t Y� ➢�Vtxc)l Telex 572-37U 704334-7631 Charlotte, North Carolina 28233 U.S.A. APR 2 4 1gRQ RECEIVED APR 26 State of North Carolina Department of Natural ResourcIlvellC 919 North Main Street P.O. Box 950 Mooresville, NC 28115 Dear Ms. Smith: DINION of AMOR Development !E 0ffICf April 23, 1990 In reply to the violation as stated in the correspondance of 25 January, 1990 and 1 August, 1989. We have enclosed a permit application with data relative to the discharges. Included is a report by Mr. Rozzle, of Mecklenburg County in which he has isloated the origins of discharge as well as provided lab analysis: Discharge 1- Compressed air trap Discharge 2- Shell and tube heat exchange Discharge 3- Heat exchanger, boiler blow down, condensate The discharge i initiated by our training facility with discharges dependent on our intermittent operation. A maximum volume of 600-900 gallons per month with a maximum temperature of 100 degrees F. is normal. If any further information is required please advise. Your, considerations will be appreciated. Sincerely, Robert Brown Plant engineer RB/ds A member company of the Rowe Corporation NQRTV CAROLINA DEPT. OF NATURAL RESOURCES .ENVIRONMENTAL MANAGEMENT COMMISSION AND C IIJNITY DEVELOPMENT NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM APPLICATION FOR PERMIT TO DISCHARGE - SHORT FORM G lcr be fa led duly by services, wholesale and retail and otfaer trade, coernercfal establfs►Ya,ents including vessels FOR AGENCY USE Do not attempt to complete this form without reading the accompanying instructions Please print or type 1, Name, address, and telepF,one number of facility producing dischare A. Name THE BOULIGNY COMPANY B. Street C, City E. Count G. Telephone No. 3. Number of employees 4. Nature of business 5. (a) Check here if di Code AB FOR ?R60.SS occurs a11year, or (b) Check the month(s) discharge occurs: 1. to January 2, 0 February 3. 6. o June 7, p July 8,, 0 Jy,J9ust ➢ 1. 0 N o v e,nbe r 12. 0 De c pp be r (c) Haw many days per week; 1.01 2.Cf2-3 3,04-5 4. tJ 6-7 6. Types of waste water discharged to surface waters only Discharge per operating day A. Sanitary, daily average 6, Cooling water, etc daily average It 4. 0 Ap r i 9, ©Sapteerber NOTE: INTERMITTENT USAGE AVERAGE WATER DISCHARGE 600-900 GALLONS ck as applicable) PER MONTH Volume treated before discharging (percent) 95- 7„ If any of the types of waste i<ietin treated, are discherge4 to places as applicable, 6, orun- k below Waste water is discharged to: 0.1-999 (1) (2) 10,000-49,999 (4) 50,000 or more (5) A. Municilat se*ir ;ystoµ dl, uild,r,irnri+nt w1,1 C., Septir tark oration lagoon or pond E. Other, specify: 8. Number of separate disch A.01 c,o4-5 9. Nara,e of receiving water or waters ©,ca 6 or more BRANCH •10.. Does your discharge contain or is it possible for your discharge to contain one or mare of the following substances addet as • result of your operations, activities, or processes: ammonia, cyanide, aluminum, beryllium, cadmium, chromiuM,.copper,.iead,.mertur ,.nickel, selenium, zinc, phenols, oil and grease, and chlorine (residual), A.c yes B,1'no I certify that i am familiar with the i that to the best of my knowledge and be accurate. Printed hi are of Person 51gni C-1Pl Title h nd and lrth Carolina General Statute 143-215. b (b 2) provides that Any person who owi ngly mak? any f ise statement representation, or certwlfication in any application, `record report, plan or other document files or required to be maintained under Article 21 or regulations of tze Environmental Management Commission implementing that Article, or who falsifies, tamera :.t', knurly renders inaccurate any -recording or r aiitorin, 4avice or method required to lie ted car z ainCained under Article, 2.l:or: regulationsof the Environmental Management Co,; i: impicza;enti'ng that Article, hali "be'°iu#,ity: of a Misdemeanor punishable by a -fine not to excee( $10,000, or by imprisonmant'ndt to exceed six months, or by both. (18 U.S.C. Section 1051 pro' a punishment by e fine of -not more than $10,000 or imprisonment not more than 5 years, or hot: ..a;C a similar offense,) MECKLENBURG COUNTY Department of Environmental Protection January 25, 1990 Mr. Bob Wade The Bouligny Company Post Office Box 33609 Charlotte, North Carolina 28233 RE: Sampling Results Cooling Water Discharges The Bouligny Company 5800 Belhaven Boulevard Dear Mr. Wade: As you have requested, please find attached the laboratory analyses of water samples collected from the cooling water discharges at The Bouligny Company at 5800 Belhaven Boulevard. Also find attached a copy of the State's water quality standards for freshwater. The third attachment is a map which shows the locations of each sampling site. On August 1, 1989, a Notice of Violation from the North Carolina Department of Natural Resources and Community Development notified you. that these cooling water discharges were in violation of North Carolina General Statute 143-21.5.1. To comply with regulations, you were directed to immediately discontinue the discharge of cooling water or obtain the necessary permit. As of this date, the discharges continue to be in violation. If you have any q;estions, please give me a call. Your cooperation in this matt Sincerely, Rust* R Water Quality S pervisor Water Quality Section equested. RRlsce Attachments cc: Ron Phelps C 6 Mooresville Regional Office 12000 Eh he Boulevard • Chart tr , Ne,rt'h Carrti(inaa 25203 (70 f 17(1-4Fit l Jame William C,uvcrnor cy, Jr., Secretary Olifa cc5 �aslc August 1, 1989 Mr. Bob Wade The Bouligny Company Post Office Box 33609 Charlotte, North Carolina 28233 Subject: Dear Mr. Wade: sty (Jove]{,pnnct,t Notice of Violation Cooling Water Discharges The Bouligny Company 5800 Belhaven Boulevard Charlotte, North Carolina On July 11, 1989, Rusty Rozzelle of the Mecklenburg County Department of Environmental. Protection conducted an investigation of property belonging to The Bouligny Company located at 5800 Belhaven Boulevard in Charlotte, N.C. This investigation was conducted as part of a cooperative working agreement between Mecklenburg County and the Division of Environmental Management. As a result of this investigation the following condition was found on the property in violation of North Carolina General. Statute 143-215.1: Unauthorized discharges of cooling w waters of the State at a tributary Mecklenburg County. to the surface um Branch in To comply with regulations, it will be necessary to immediately discontinue the discharges of cooling water. If you wish to discharge this wastewater, you must apply for and obtain the necessary permits from the North Carolina Division of Environmental Management. 919 Nuiih dk- Atli, I yu.it )111w1lnErii4 I 1 v 4 ,6,i.`. Mr. Bob Wade Page Two August 1, 1989 If you have any questions concerning this matter, please do not hesitate to call D. Rex Gleason, Water Quality Regional Supervisor, or me at this office. Sincope1y, Regional Supervisor .D, # DCPARMENT OF ENVIRONmENTAL HEALTH ENV OlKATAL. LANATORY I ed L.,. Sourcs Sacrpled Sat=pled By r , Data Sampled Tixa Caliverad to Lab On: Data7-[:56! T/ ivered ay 1),,, b 1.0., ec'd Sy Flac' -2-- 1 ( ) 1 PHYSICAL PROPERTIES II NON-ITAL INORGmIGS ORGMICS Color a units Acidity Li ppo GC/14a Scan COnductivity L7 ,;,,,:th.oic= Al kal tni ty a op ppm Oil & Greasa Dissolved Solids L7 ppc p11'-'47./ '.,,. ‘-' ' ur4its Crgtnic Acids PP' i VolatileL7 ctrde Z-7 Phcoxl a Fixed pi Chlorins. Residual ar ppts direct phoz=atric P• Suspended Solids PM Dissolved Oxygen j.7 ppm chloroform extraction Pot Volatile f-1- PM Fluoride Cri PCB L7 Fixed PP= spatins .2P BCD Tot Al Solids a PM elactroda PP= CD0 Li OP7, Volatile L/ ppm Nitrata, NO3- j Surfactant:: u "Fixed FM UI spec _ pp iv M1NEAL NZTALE Tamperature (7 oc chmsotrophic acid ppt cu <O•of,73 027; Turbidity Q JTU Azmonia Nitmgen. MH1-4 a Fs i',.3). <, 0, C -,_-:. Plt''n Hardrass fl pp o tiV•iesstric PM Mn P";,%7 easslorization PM an 0, yi Cl{ICk COMPOSITION Kjeldahl Nitrogen L7 Fp, m9 9 Organic a % Bromide £7 PM Ca ppr Inorganic /J Total Phosphortrs, P C/ ,PM :It P Moisture a % Orthophosptxirus. PO4-P 17 PP" Pm I RADIOACTIVITY Sulfats. SO4-5 /7 Water gravimetric pp V TDXTcT&S Gross Alpha £7 ,C1/1 turbidimetric PM Gross Beta Cr.. a. pCi/l Sulfide L7 ,PM opt Air VW nACTtRTCLS 0 0 PPt Gross Alpha a pCilm3 Fecal Col 1 form G ,-,„,,,,:c',mph pCi/m3 Total Califorit Li r Gross Zeta L7 ,1100031 LXJ lion -Col form L7 con /100:11 haP , Fecal Strap t7 /letl L_7 /low 5 REK4R4S: DATE' COM'LZTED: LAB CiRti:ICR Sampled By Cz to SamO 1 n € � ? Color Conductivity Dissolved Solids--�� Volatile L Fixed Suspendi Solids a Volatile a JP 1h��+M1IIM�1 ut I L/`V,„ LJ V I RON:‹HTAL LAGDAATORY Delivered to Lab CA: r 1 I.D Pp GCJI 4 pp= Oil b Gress units Organic Acids L7 pP Phenol I Chlorine, i si aal pP direct prat trio Dissolved Oxygen a ppr" ppxr chloroform extraction PPt Fixed LT .pp spadns_ Total Solids [Y ppm electrode. ..—AP Volatile r 1 pWs Nitrate, rt03_N L7" Fixed /7 pRa 0 spec _ply 17 MINERAL xETAi_ Temperature a °C chromotr©pt = aeid r'' Cu Turbidity 7JTU amnia Nitrogen, kN;-M Hardness Q q PM tltrimatric a nesslerizatian YT CI4t !CAL CC, ITIC1 K,';v1dahl Nitrogen a Organic a Z Bromide L'r inorganicEi �_- Mais.ure , ! YtT RA IGACTI'+ITY Water Gross A1phs pCi/l Grass Bata Q . pC1/1 Air Guess. Alpha a pCi/m3 Fecal Collfcrm —7 Gress Beta [7 pC'i/ar3 Total C©lif°rm (7 coo (gyp REmARxS DACE CC LET'ED Total Ph°s/torus, P L7 PR'' l0rthophosphorus, p04-F Sulfate. S©G-S graviazetric_ to rb i di me tri c_ Sulfide L7 ti AC'TER T ©t ftGT s1 Suritctants Ttt1C S !1°n-Co11f°re+ Fecal Strep L% _ /10Dmi Pb ET f lt`atoml Se PPt 1,p ?p Ell ORGANICS units Acidity [7 ppm GC/MS Scan Conductivity L7 11=ho/c Alkalinity L7 pPm Oil S Gress Dissolved Solids ET Pm pH� _ units Organic Acids LJ ,PP -__PP' s bride -_ ppm Phenol L7 pm Chlorine, Residual a ppm direct photometric PP Suspended Solids (7 — ppsa Dissolved Oxygen L. pp= chloroform extraction op ppm Fluoride L7 PC2 Ly pp pysn spades p BOO ET PP. Total Solids E7 Ppm electrode p COO ET PP', Volatile ET p, s Nitrate, NO3-N L7 Surfactants L7Pp 'Fixed ET PPm UV spy P Temp+ratsra E7 °C r romotrophic acid PPm Cu j "? . pP:IL Turbidity Q .1TO Ansonia Nitrogen, N113-ii t7 Fe f, PPS`^ Hardness Q' PP:I titrimetric Pr^m h ' ` , }; Dp i 1.7 nesslerizatian Ppa n x PPA+ VI CHEMICAL CtiSstlS1TT0n Kjelda.hi Nitrogen L7 ppra rpPPE Organic G Bromide Pm Cam .' ° .per Inorganic -" Total Phosphorus, P /7 pa►a Ni b3 F ; Moisture Q z OrthQphosphorus, PO4-P L7 PPm FP. ITT RAOTOACTI'aITY p TALS ntu.Ltntsuna wunis QEPAR 74ENT OF ENVIRONMENTAL HEALTH ENVIRt1N1iEKTAL LABORATORY Fixed Cf . Volatile Fixed Water Sulfate SO4-S /7 gravimetric Gross Alpha L7 9C1/1 turbidirrtric Gross Beta £ PC1/1 Air YI11 flACTERTCLOGIC,3LS Gross Alpha [7 pCi/ 3 Fecal Califora L7 Gress Beta L7 pCi/sr3 Total Coliforsss ( T f117Cssl Cr IV MINERAL METAL V Sulfide a PPm Mon -con form L? f l(10a1 iig Fecal Strep L7 flOOml Pb /lOoml Sc .. .. Kph pop PPb OATE CO?LETZO: Telephone 704/334-7631 1123 South Church Street Poet Office Box 33609 Charlotte, North Carolina 28233 U.S.A. May 1, 1990 NORTH CAROLINA DEPARTMENT OF ENVIRONMENT, HEALTH AND NATURAL RESOURCES P.O. BOX 27687 RALEIGH, NC 27611-7687 RE.: LETTER OF 26 APRIL 1990 Dear Mr. Overcash: Fax 376-1410 Telex 672-370 As per your requested in the letter of 26 April, three copies of the application and data are enclosed as well as a $200.00 (Two Hundred) dollar check to cover the stated cost. In reply to question i2, no biocides are associated with any of our waste streams. If any further information is required please advise. Sincerely, 00) Robert Brown Plant Engineer RMBJ`ds A member company of the Rowe Co.poration CHARLOTTE. NORTH CAROLINA VOUCHER NO 037083 4218 INVOICE NUMBER Permit INVOICE DATE OICE AMOUNT $ 200.00 030-6705 DETACH AND RETAIN THIS STATEMENT P. O. BOX 33609 • 1123 SOUTH CHURCH ST. CHARLOTTE, N. C. 28233 704/334.7631 PAY TO THE ORDER OF State of NG Dept. Of Env.,Health & Natural Resources 512 North Salisbury St, Raleigh, NG 27611 J DISCOUNT NET AMOUNT ATTACHED CHECK IS IN PAYMENT OF ITEMS LISTED CHECK CHECK DATE NUMBER 05-07-90 37083 III3037'0830 C O63 100 27?I: LO L L 295 20 Lu N0.3©37083 NCNB Nat onal Bank of FIorlda Tampa, Florida 200.00 63.27 631. AMOUNT OF CHECK $200. ©0 t a r, State of North Carolina Department of Environment, Health, and Natural Resources Division of Environmental Management 512 North Salisbury Street Raleigh, North Carolina 27611 James G. Martin, Governor George T. Everett, Ph. D. William W. Cobey, Jr., Secretary Director April 26, 1990 Mr. Robert Brown Plant Engineer The Bouligny Company PO Box 33609 Charlotte, NC 28233 Subject: NPDES Permit Application The Bouligny Company Mecklenburg County Dear Mr. Brown: On April 24, 1990, the Division of Environmental Management received a NPDES Permit Application for the subject facility. The application is considered incomplete. Therefore, the Division of Environmental Management is returning the application. The returned information must be resubmitted with the following to complete the application: 1. A check for $200.00 made payable to the NC Department of EHNR. 2. Please indicate if any biocides are used in any of the waste streams at the facility, 3. The application and supporting information must be submitted in triplicate, The Division of Environmental Management will initiate the permit review process upon receipt of the above requested information, The receipt of the above information does not preclude this Division from requesting additional information at a future date. If you have any questions, please contact me at (919) 733-5083. Sincerely, cash, PE Supervisor, NPDES Permits cc: Mooresville Regional Office Pollution Prevention Pays P.O. Box 27687, Raleigh, North Carolina 27611-7687 Telephone 919-733-7015 An Equal Opportunity Affirmative Action Employer Telephone 704/334-7631 P . cov "ATURAL RESOURCES A /VD Fax 376-1410 ,srafuNi-rnEvELopmr%.T. 1123 South Church Street 're' 572.3" post office Box 33609 charlatel. North Caroline 28233 USA APR 2 4 iggo 1 DIVISION OF tivvuGurAt ihtirl co 4 NORESVILLI REGIONAI OFFICE RECEIVED APR 26 1() State of North Carolina Department of Natural Resourcts##&Wmppig Development 919 North Main Street P.O. Box 950 Mooresville, NC 28115 April 23, 1990 Dear Ms. Smith: In reply to the violation as stated in the correspondence of 25 January, 1990 and 1 August, 1989. We have enclosed a permit application with data relative to the discharges. Included is a report by Mr. Rozzle, of Mecklenburg County in which he has isloated the origins of discharge as well as provided lab analysis: Discharge 1- Compressed air trap Discharge 2- Shell and tube heat exchange Discharge 3- Heat exchanger, boiler blow down, condensate The discharge is initiated by our training facility with discharges dependent on our intermittent operation. A maximum volume of 600-900 gallons per month with a maximum temperature of 100 degrees F. is normal. If any further information is required please advise. Your considerations will be appreciated. Sincerely, Robert Brown Plant engineer RB/ds A member company of the FICAr• COMOretlarl • .. NORTH CAROL I NA DEPT. OF NATURAL RESOURCES AND COlU ENVIRONMENTAL MANAGEMENT CO MISSION •NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM APPLICATION FOR PERMIT TO DISCHARGE - SHORT FORM D To be flied only by services, wholesale and retail trade, and other commercial establishments including vessels TY DEVELOPMENT• FOR AGENCY USE R YEAR Po not attempt to co■+plete this for without reading the accompanying instructions Please print or type address, and telephone number of facility producing discharge A. dame ..•,„ E RG�TG� CO 8. Street addres~i RROn RPT,HAVT?N I T,V1) i { li0 C."City _'CHARLOTTE 2. SIC 'Telephone Ito: T (7O4) 3 4-7631 ve blank) 3. Number of employee 4. Area Code TEST LAB FOR :PRGCEaT f business 5, (a) Checkhere if discharge occurs all yeart'x, or (b) Check the month(s) discharge occurs; 1.0January . 2,QFebruary 3.014a 6.0June 7.0July 8,Dft. u 11, 0 November 12, Cl December (c) iiowr many days per week;. 1 .01 2. r?f 2-3 6. Types 0 A. Sanitary, daily average 8. Cooling water, etc., daily average Other, discharge(s), daily average; Specify f4aximum per operat_ ing day for combined discharge (alI types) 3, 0 4-5 discharged to surface wa 4.0 Apri1 pte.tir 1O.0October OAT( RICE IYt11 OM 4,©6-7 NOTE: INTERMITTENT -USAGE AVERAGE WATER DISCHARGE 6O0=900 GALLONS check as applicable) PER MONTH 1©,©00- 49,999 (4) 95- 7, If any of the types of waste icntff'ied 1n itae+. 6, either treated or un- treated, are discharged to pieces other than surface waters. ch k below is applicable. er is discharged to: Q,1-999 A. Hunkilxalo+Mr cyste+u 9I i I,•r°qe't lU f1 WI,1 I (, elith tank 10, 00Q-49.999 (1) (2) (3) (4) 50,000 or more Q. Evaporation lagoon or pond E. Other, specify: B. Kober of separate discharge points: A,Ql B.[YZ-3 C.[i4-5 0.06 or more 9. Nam of receiving GUM BRANCH .10. Does your discharge contain or is It po one or lore of the following substances activities, or processes: ammonia, cyan chromium, .copper. ,lead, mercur ,. nickel , grease, and chlorine (residual). , A. t7 yes I certify that 1 an familiar with time information contained in the application and that to the best of Ivry knowledge and la+irlief such information is true, complete, and accurate_ Printed Name of Person Signing r Title . ;ortrh Carolina Gener t1 'Statute 143— 1. .6(b) ( ) provides that: Any person vho lovingly maids alse statement representation, gar cart: flcation in any application,' record, report, plan, ther document files or required to be mainteiusd under Article 21 or regulations of the ental Management Commission implaessnt ng that Article, or who falsifies, tamers w_th, or knouly renders inaccurate any recording or monitorins,dpvice or Method required to be nperated or nainCained under AFt,ii1e 21; oc regulatio a ,of the Environmental Management Cows: implementing that Article, Sha11 be.'w uL3.trhQf as misdemeanor punishable by a yfine not to exceed 510,000, or by isrprisonmµzt net to exceed six months, or by both. (18 U.S.C. Section 1001 prov a punishment by a fine of"riot more than $10,000 or imprisonment not none than 5 years, or both fur a si❑.iiar raffer13e,) MECKLENEURG COUNTY Department of Environmental Protection January 25, 1990 Mr. Bob Wade The Bouligny Company Post Office Box 33609 Charlotte, North Carolina 28233 RE: Sampling Results Cooling Water Discharges The Bouligny Company 5800 Belhaven Boulevard Dear Mr. Wade: As you have requested, please find attached the laboratory analyses of water samples collected from the cooling water discharges at The Bouligny Company at 5800 Belhaven Boulevard. Also find attached a copy of the State's water quality standards for freshwater. The third attachment is a map which shows the locations of each sampling site. On August 1, 1989, a Notice of Violation from the North Carolina Department of Natural Resources and Community Development notified you that these cooling water discharges were in violation of North Carolina General Statute 143-215.1. To comply with regulations, you were directed to immediately discontinue the discharge of cooling water or obtain the necessary permit. As of this date, the discharges continue to be in violation. If you have any questions, please give me a call. Your cooperation in this rnattcr RR/sce Attachments Sincerely, Rust/ Rt �1le Water Quality Supervisor Water Quality Section sted. cc: Ron Phelps 476 3--/ 9 Mooresville Regional Office (KO E1a°ahe Foulevard Charlotte, North Co -ma .25203 (704) 176.4f60 i Department Governor Jr., Secrrtary Mr. Bob Wade The Bouligny Company Post Office Box 33609 Charlotte, North. Carolina 28233 Subject: Notice of Violation Cooling Water Discharges The Bouligny Company 5800 Belhaven Boulevard Charlotte, North Carolina State of North Carolina ral Resources and Community lDevelo )nicnt MooreNvillc Reg + Orrice August 1, 1989 Albert Dear Mr. Wade. On July 11, 1989, Rusty Rozzelle of the _Mecklenburg County Department of Environmental Protection conducted an investigation of property belonging to The Bouligny Company located at 5800 Belhaven Boulevard in Charlotte, N.C. This investigation was conducted as part of a cooperative working agreement between Mecklenburg County and the Division of Environmental Management. As a result of this investigation the following condition was found on the property in violation .of North Carolina,General tatute 143-215.1: Unauthorized discharges cif ce ©ling water to the sur ace waters of the State at a tributary to Cum Branch in Mecklenburg County. To comply with regulations, it will be necessary to immediately discontinue the discharges of cooling water. if you wish to discharge this wastewater, you must apply for and obtain the necessary permits from the North Carolina Division of Environmental Management. /9r`luld%1t1,111`. Apal r qwr ( pp II1I,YP1'I" r\IIII IIMII'11'l' 14 II I r IIIIiVno1,'C:0 Bob ade Page Two August 1, 1989 If you have any questions concernlrgthis matter, please do not hesitate to call D. Rex Gleason, rater Quality Regional Supervisor, or rya at this Office. DEPARTMENT OF ENVIRONMENTr1. HEALTH E11'iIRGCPcT4TAL LA8C?TCRY oared to Lab Cr: Ti:a solved Oxy ppm Fluorida a Fixed L7 ppa+ spadns .PP Total Solids a ply electrode PP Volatile /% . PPm "Fixed 0. 721 Tazparatur1 °C Turbi di ty D JTU liarrtrass G Pl7cg chi trophlC acid Ammonia Nitrogen, Xlii-It a titrimmtric nasslerization - CAL CooSTTTON tle'idah1 Nitrogen it.„ 8rtrraide Total Phospharvs ©rthayhosphorvs. PO4-P 1 1tA OAcTTVrTY Sulfate. SO4-5 'titer grawlmetric enic erg 'd 8y Reed Time ppm GUMS PFm Oft & units Cr,rniC Acids £7 oyes r° pheoo PPS pixx Gross Atpbtt L% PC1/1 purtaidimetric Gross Beta Q pCi/l sulfide L Air YT 6 i IBACTERTQLf?GTCALS Gross Alpha a pC1/m3 Fecal Colifarm Grass Sets j_7 pCi/m3 Total Califon!' L /100a1 C ?ion-Coliform L? /'10001 Fecal Strep £7 /Kcal Pb (� /100.1 Se Bt1D COO LT Surfactants Li IV Cu DATE CC'LETEO: CTGR PPc ppt P MINERAL METALS /, 35 !RG�NTCS Dissolved 'Solids ncAttnnun4 LU o r DVART"1E'(T OF ENViRottmENTAL 'HEALTIH EttYIRCt1.'iEliTAL La3C1 TORY Lab On: T i re b c'd Sy Rec'd ITT units Acidity (T GUMS Scan ' � 011 & Grea3t rt Alkalinity L7 Am ,� units Organic .Acids PP: Volatile Q --P ,a Chloride 1 � ' Phenol zed Chlorine. Residual .�. Fp 'direct phot trio ids p Dissolved Oxygen P orvfors t::rac.icrat cbl ea. ppTuorida a pQ PPm spadnx Pp0 eco ff electrode ppm coo !L7 P,„ . Total Solids (7 P� Volatile [J PF'a Nitrate, N3-ti L7 Surfactants 7 Fixed a RPm U'l SpecPisa lVCTRciL HELL Tagaraturer Q °C ehre +trvpn : acid Turbidity Q JTU Amnia nitrogen. kii341 a Hardness Pm titritsatric PPm 010 44. nessltrizati°n °p`a 0 `6 J cc:: K.eldahl Mitr^ge�n 1 - OS r- CAL �L`q�T'TSC"N C �r ervaidt ETPppp..+fir(1f) Total PhospSorus. P 7 Pp' �11 ac 17) re Qrtnaphospnorus. PDb-p' a ppe Sulfate. 5O4-5 (-? trio esiaidietric ppm Gross Alpha .,�' .P � Gross eats pC1/1 Sulfide L7 pP= Air VTI T t)ACTERT©LOGTC:.LS Gross Alpha L7 .,P Fecal Fecal Coliform 0' _il Grass 8tt4 a pCii=3 Total Coliforra ET /1 Mon-Colifora / 7 /1 Fecal Strep (7 f iccte'1 Pb DATE CUmnETED: LAZu;'�L%':R b PPC ppo moo . 0 ''''Sagepled I?) mti-XLVIdOtou WuRAT DEPARTMENT OF ENVIRONMENTAL HEALTH ENVIRONMENTAL LASORATORY Sampled Delivered to Lab On: smmp 144 BY 03t3.7 • Th., 12! os: Data Samol ve red By I I ,onits Acidity ET ppm GC/MS Scan . PP Conductivity a' Alkalinity a ppm 011 & GreasePGA DissOlVed Solids ET . .P22 PHYZ' _ Sq units Organic Acids a Volatile /7, Fixed a 22 Suspended Sfld 7 PP= Oissolved Oxygen L:T 0; pp= chloroform extraction Volatile ET ppm Fixed L:7 PP2 TotalScG j)pm electrode Volatile L7 itrata. NO3-li a Timod L7 Pm U7 Spec Tomporatur, a oc chtitrpMc acid pp 2 C ; n 5 P7-4 Turtidity L:71 JT1 Ammonia Nitrogen. 01-A 1.7 F 0, -, :73 PP171 Hart/sass Pr= titrimetric PP2 < 0 nesslarization P22 0 (IC a, __PPA Kjtidahl Nitrogen L.7 Bromide 0. ppo ysLiz iPA Total Phosphorus. P22 I] PPA Moisture L:7 0rth000;m0r14, PO4-P Pm FPI --- w VII RAINOACTrITY Sulfate. SO4-S /7 Watar gravi110i1C KIMmetric PP= Gross Alpha a pC1/1 tgroidimetric Gross Beta a pC1/1 Sulfide a Air Gross Alpha a /1CDml pc1/m3 Fecal WM= ET pcuma Tout Coliform CT , /10Cm1 Cr Gra'ss Beta LT 7 Chloride /7 _ppm Phenol L7 Chloringt. Rasi&Jal pp t direct phot=etri c PCS L7 op BOO Q —PP° COD a Surfactants !TIC" Inorganic ET REMARK : Fluoride L:7 $padas VIII BACtUCt0flCLS PPb As < 146 pr± PRb non-Coliform ET j100m1 R PRI) Fecal Strep LT /100m1 PO ko:_i: __.....PFb . L:7 _______POOmi so Permit No. NC0079219 STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENT, HEALTH, AND NATURAL RESOURCES DIVISION OF ENVIRONMENTAL MANAGEMENT PERMIT TO DISCHARGE WASTEWATER UNDER THE NATIONAL POLLUTANT DISCHARGE EUMINATION SYSTEM In compliance with the provision of North Carolina General Statute 143-215.1, other lawful standards and regulations promulgated and adopted by the North Carolina Environmental Management Commission, and the Federal Water Pollution Control Act, as amended, The Bouligny Company is hereby authorized to discharge wastewater from a facility located at Plant 16 5800 Belhaven Blvd. Charlotte Mecklenburg County to receiving waters designated as an unnamed tributary to Gum Branch in the Catawba River Basin in accordance with effluent limitations, monitoring requirements, and other conditions set forth in Parts I, II, and IIT hereof. This permit shall become effective This permit and the authorization to discharge shall expire at midnight on August 31, 1991 Signed this day George T. Everett, Director Division of Environmental Management By Authority of the Environmental Management Commission Permit No, NC0079219 SUPPLEMENT TO PERMIT COVER SHEET The Bouligny Company is hereby authorized to: . Continue to discharge non -contact cooling water, boiler blowdown, and condensate from facilities located at Plant 16 5800 Belhaven Blvd Charlotte Mecklenburg County (See Part III of this Permit), and 2 Discharge from said treatment works at the location specified on the attached map into an unnamed tributary to Gum 13ranch which is classified Class C waters in the Catawba River Basin, A. ( ). EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS FINAL Permit No. NC0079219 During the period beginning on the effective date of the permit and lasting until expiration, the Perrnittee is authorized to discharge from . outfall(s) serial number 002&003 - BOILER BLOWDOWN AND CONDENSATE. Such discharges shall be limited and monitored by the permittee as specified below: Effluent Characteristics Discharge Limitations Monitoring Requirementa Lbsiday, Units (specify.) Measurement Sample *Sample Mon. Avg. Daily Max Mon. Avq. oaf y Max. Frequency Type Lope Loji Flow Monthly Instantaneous E Temperature * * * * Monthly Grab E, U, D Total Residual Chlorine*** Monthly Grab E TH. RE SHALL BE NO CHROMIUM, ZINC, OR COPPER ADDED TO THE COOLING WATER. * Sample Locations: E - Effluent, U Upstream, D - Downstream ** The temperature of the effluent shall be such as not to cause an increase in the temperature of the receiving stream of more than 2.8°C and in no case cause the ambient water temperature to exceed 32°C. *** Monitoring requirements only apply if chlorine is added to the cooling water. The permittee shall obtain authorization from the Division of Environmental Management prior to utilizing any biocide in the cooling water (See Part III of this Permit). The pH shall not be less than 6.0 standard units nor greater than 9.0 standard units and shall be monitored monthly at the effluent by grab sample. There shall be no discharge of floating solids or visible foam in other than trace amounts. A. ( ). EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS FINAL Permit No. NC0079219 During the period beginning on the effective date of the permit and lasting until expiration, the f ertnittee is authorized to discharge from outfall(s) serial number 001, NON -CONTACT COOLING WATER.. Such discharges shall be limited and monitored by the permittee as specified below: uent Charct Flow Temperature Total Residual Chlorine Lbsiday, Mon. Avg, Daily Max Mon, Avg, Monitoring Regtr.lrrnns s ispeclfvl Measurement , r p1e *SamPig Pally Max, Frequency ]'Vpe Location, THERE SHALL BE NO CHROMIUM, ZINC, OR COPPER ADDED TO I#HE COOLING WATER. * The temperature of the effluent shall be such as not to cause an increase in the temperature of the receiving stream of rn than 2.8°C and in no case cause the ambient water temperature to exceed 32°C. The permittee shall obtain authorization from the Division of Environment Management prior to utifizing any biocide in the cooling water (See Part 111 of this Permit). ore The pH shall not be less than 6.0 standard units nor greater than 9.0 standard uni There shall be no discharge of floating solids or visible foam in other than trace amounts. Part III Permit No. NC0079219 D. Biocide Condition The permittee shall not use any biocides except those approved in conjunction with the pen -nit application. The permittee shall notify the Director in writing not later than ninety (90) days prior to instituting use of any additional biocide used in cooling systems which may be toxic to aquatic life other than those previously reported to the Division of Environmental Management. Such notification shall include completion of Biocide Worksheet Form 101 and a map locating the discharge point and receiving stream.