HomeMy WebLinkAboutNCG590019_technical Correction_20210504DocuSign Envelope ID: 771437B6-70F2-4202-AD2C-FC9ED15E6E3A
ROY COOPER
Governor
DIONNE DELLI-GATTI
Secretary
S. DANIEL SMITH
Director
Mayor Vicki Caudle
Town of Ramseur
PO Box 545
Ramseur, NC 27316-0545
Dear Permittee:
NORTH CAROLINA
Environmental Quality
5/4/2021
Subject: Change -Page to Correct Error
NPDES Permit NCG590019
Town of Ramseur
Ramseur WTP
Randolph County
The Division of Water Resources (the Division) became aware of an error in your issued
Certificate of Coverage (August 30, 2019). The issued Certificate of Coverage does not indicate
the Instream Waste Concentration (IWC) percent at which toxicity testing must be performed.
Accordingly, we hereby forward the modified permit pages to amend your permit to clarify the
IWC percent. Please insert these change pages into your existing permit and discard the old
pages. We regret any inconvenience this causes your organization.
Please note that this permit is not transferable except after notice to the Division. The Division
may require modification or revocation and reissuance of the permit. This permit does not affect
the legal requirements to obtain other permits which may be required by the Division of Water
Resources or any other Federal, State, or Local governmental permits that may be required.
If you have questions, or if we can be of further service, please contact Brianna Young at
brianna.young@ncdenr.gov or call (919) 707-3619.
Respectfully,
EDocuSigned by:
8328B44CE9EB4A1...
S. Daniel Smith, Director
Division of Water Resources, NCDEQ
Enclosure: NPDES Permit NCG590019 (Corrected Pages)
cc: NPDES Program Files
Winston-Salem Regional Office
WSS/Aquatic Toxicology Branch
£ D_E
NORTH CAROLINA
Department of Environmental ppapty s Jed
North Carolina Department of Environmental Quality I Division of Water Resources
512 North Salisbury Street 11617 Mail Service Center I Raleigh, North Carolina 27699-1617
919.707.9000
DocuSign Envelope ID: 771437B6-70F2-4202-AD2C-FC9ED15E6E3A
CoC NCG590019
STATE OF NORTH CAROLINA
DEPARTMENT OF ENVIRONMENTAL QUALITY
DIVISION OF WATER RESOURCES
CERTIFICATE OF COVERAGE NCG590019
GENERAL PERMIT NO. NCG590000
TO DISCHARGE WASTEWATERS FROM Greensand or Conventional type Water Treatment Plants
AND OTHER DISCHARGES WITH SIMILAR CHARACTERISTICS UNDER THE
NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM
(NPDES)
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
Town of Ramseur
is hereby authorized to discharge wastewater from a conventional water treatment facility designed to treat
and discharge 0.045 MGD, with a potable design flow of 1.5 MGD from a facility located at
Ramseur WTP
797 NC Hwy 22 North
Ramseur
Ramseur County
to receiving waters designated as Sandy Creek of the Cape Fear River Basin in accordance with the
effluent limitations, monitoring requirements, and other application conditions set forth in Parts I, II, III,
and IV of General Permit NCG5900000 as attached.
This certificate of coverage shall become effective June 1, 2021
This Certificate of Coverage shall remain in effect for the duration of the General Permit.
Signed this day May 4, 2021
DocuSigned by:
8328B44CE9EB4A1
S. Daniel Smith
Director, Division of Water Resources
By Authority of the Environmental Management Commission
Page 1 of 2
DocuSign Envelope ID: 771437B6-70F2-4202-AD2C-FC9ED15E6E3A
CoC NCG590019
SUPPLEMENT to CoC
In accordance with the NCG590000 General Permit and the information provided in the permittee's
application, this facility should use the information below to determine what Effluent Limitations and
Monitoring Requirements it is subject to in the NCG590000 General Permit. The Permittee is required to
notify the Division of any modifications made to the water purification process, the wastewater treatment
processes, and/or usage of chemicals at the plant. This notification should be made in writing to the
DWR/NPDES Unit and a modified CoC issued if necessary.
1. Type of Water Purification System identified: Greensand X Conventional
2. Design Flow (MGD): 0.045
3. Receiving Stream Classification: C
4. Effluent Limitations and Monitoring Requirements Permittee is subject to in this General Permit:
GREENSAND WTP discharging to FRESHWATER [See Part 1, Section B. (1)]
GREENSAND WTP discharging to SALTWATER [See Part 1, Section B. (2)]
_X_ CONVENTIONAL WTP discharging to FRESHWATER [See Part 1, Section B. (3)]
CONVENTIONAL WTP discharging to SALTWATER [See Part 1, Section B. (4)]
All facilities are required to submit monthly Discharge Monitoring Reports and the permittee shall submit
discharge monitoring reports electronically using the NC DWR's eDMR application system. Please see
Part 1, Section C for eDMR information.
For Conventional WTPs:
5. This facility is required to perform annual Whole Effluent Toxicity Testing as shown below:
X Chronic WET test [See Part 1, Section D. (2)]
or
Acute WET test [See Part 1, Section D. (3)]
Using an effluent concentration of _6.0 % and the following
Test organism: _X Ceriodaphnia dubia Mysidopsis bahia Fathead Minnow
Page 2 of 2
DocuSign Envelope ID: 771437B6-70F2-4202-AD2C-FC9ED15E6E3A
Permit NCG590000
STATE OF NORTH CAROLINA
DEPARTMENT OF ENVIRONMENTAL QUALITY
DIVISION OF WATER RESOURCES
GENERAL PERMIT NO. NCG590000 - Water Treatment Plant DischarEers
TO DISCHARGE BACKWASH WASTEWATERS FROM
GREENSAND AND CONVENTIONAL TYPE WATER TREATMENT FACILITIES
NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM
(NPDES)
In compliance with the provisions of North Carolina General Statute 143-215.1, other lawful standards
and regulations promulgated and adopted by the North Carolina Environmental Management
Commission, and the Federal Water Pollution Control Act, as amended, this permit is hereby issued to all
owners or operators, hereafter permittees, which are covered by this permit as evidenced by receipt of a
Certificate of Coverage from the Environmental Management Commission to allow the discharge of
treated wastewaters from iron and manganese removal processes and similar wastewaters; and water
purification facilities with filter backwash, sedimentation basin washdown, and decant from water
treatment in accordance with the effluent limitations, monitoring requirements, and other conditions set
forth in Parts I, II, and III hereof.
This permit shall become effective August 1, 2019.
This permit shall expire at midnight on July 31, 2024.
Signed this day July 31, 2019.
Linda Culpepper, Director
fel Division of Water Resources
By Authority of the Environmental Management Commission
Page 1 of 33
DocuSign Envelope ID: 771437B6-70F2-4202-AD2C-FC9ED15E6E3A
Permit NCG590000
PART I.
SECTION A. Covera2e
1. EligibiGt► of Coverage
a. Existing Greensand Water Treatment Plants (WTPs) with individual NPDES permits and new
facilities seeking an NPDES permit for a greensand water purification system utilizing Iron
and/or Manganese removal systems are eligible for coverage under this general permit.
Backwash wastewaters from similar activities such as sand filtration or systems utilizing calcite
filtration are eligible and covered under the Greensand WTP effluent requirements section in this
general permit.
b. Existing Conventional WTPs with a wastewater discharge resulting from water purification
facilities with filter backwash, sedimentation basin washdown, and decant from water treatment
facilities are eligible for coverage under this general permit.
2. Limitations on Coverage
a. Although this general permit does not cover the following types of discharges, other permits
such as an individual NPDES permit, an alternate general permit, or other approval from the
Division may be obtained. This permit does not authorize discharges from Water Treatment
Plants with the following:
• Discharges that are mixed with other process wastewaters.
• Discharges to waters classified as High Quality Waters (HQW) or Outstanding Resource
Waters (ORW).
• Discharges from water purification systems using Membrane Treatment (Reverse Osmosis)
or Ion Exchange.
• Discharges that would adversely affect a Federal or State listed endangered or threatened
species or its critical habitat.
• Discharges of pollutants to an impaired waterbody in excess of the wasteload allocation
specified in an EPA -Approved TMDL (Total Maximum Daily Load).
• Discharges from new Conventional WTPs proposing a discharge to surface waters.
b. New Conventional WTPs proposing a discharge to surface waters shall be covered under an
individual permit for at least one permit cycle. Upon permit renewal, if an evaluation of the
facility's wastewaters shows no need for additional limitations or requirements beyond what is
contained in this general permit, then the permittee will be considered for coverage.
c. Conventional WTPs proposing to expand existing facilities shall submit a Notice of Intent (NOI)
permit application with the proposed expansion/treatment details and an Engineering Alternative
Analysis for Division review and approval in order to obtain coverage for the expansion under
this permit and receive a revised Certificate of Coverage (CoC).
d. This permit does not authorize discharges that the Division has determined to be or which may
reasonably be expected to be contributing to a violation of a water quality standard (as defined in
the "Red Book" or NC Administrative Code 15A NCAC 02B .0100, .0200, and .0300).
Page 2 of 33
DocuSign Envelope ID: 771437B6-70F2-4202-AD2C-FC9ED15E6E3A
Permit NCG590000
e. If the Division determines at any time that the discharge is causing or contributing to a violation
of water quality standards or if the Division has any other grounds for modifying or revoking this
permit, the Division may require corrective action or require the discharge be permitted
differently in accordance with Part II, Section B of this permit. The Division may deny coverage
under this permit and require submittal of an application for an individual NPDES permit based
on a review of the Notice of Intent (NOI) or other information.
f. Whole Effluent Toxicity (WET) test results for the past three years shall be reviewed for existing
or expanding Conventional WTPs applying for coverage under this general permit. Permittees
with WET test results showing potential for aquatic toxicity may be denied coverage under this
general permit which includes a WET limitation of "Pass".
3. Transfer Coverage from Other Permits
Upon issuance of this general permit, all existing and active individual permits for Greensand and
Conventional type WTPs will automatically be considered for coverage under this general permit as
permit renewal applications are received.
Page 3 of 33
DocuSign Envelope ID: 771437B6-70F2-4202-AD2C-FC9ED15E6E3A
Permit NCG590000
SECTION B. (1) Greensand WTP Effluent Limitations and Monitoring Requirements —
Discharges to Freshwater
[15A NCAC 02B .0400 et seq., 02B .0500 et seq]
During the period beginning on the effective date of the permit and lasting until expiration, the Permittee
is authorized to discharge wastewaters from iron and manganese removal type systems for the purpose
of water purification to the receiving waters. Such discharges shall be limited and monitored 1 by the
Permittee as specified below:
PARAMETER
Parameter codes
EFFLUENT LIMITS
MONITORING REQUIREMENTS
Monthly
Average
Daily
Maximum 2
Measurement
Frequency
Sample Type e
p
Sample
Location
Flow (MGD) 3 50050
Monitor & Report
2/ Month
Instantaneous
or Estimate
Effluent
Total Suspended Solids" C0530
30.0 mg/I
(Exception:
Trout Waters)
45.0 mg/L
(Exception:
Trout Waters)
2/ Month
Grab
Effluent
Total Residual Chlorine 5 50060
17 pg/L
2/ Month
Grab
Effluent
Turbidity 6 00070
50 NTU
(Exception:
Trout Waters,
Lakes, &
Reservoirs)
Monthly
Grab
Effluent
pH 00400
6.0 s.u. 5 p H
5.9.0s.u.
Monthly
Grab
Effluent
Total Manganese 7(pg/L) 01055
Monitor & Report
Quarterly
Grab
Effluent
Total Zinc 6(pg/L) 01092
Monitor & Report
Quarterly
Grab
Effluent
Total Fluoride 9(pg/L) 00951
Monitor & Report
Quarterly
Grab
Effluent
Total Nitrogen (TN) 10 C0600
(mg/L)
Monitor & Report
Quarterly
Grab
Effluent
_
Total Phosphorus (TP) 10 C0665
(mg/L)
Monitor & Report
Quarterly
Grab
Effluent
Hardness — Total as
[CaCO3 or (Ca + Mg)] 11 00900
(mg/L)
Monitor & Report
Quarterly Grab
Effluent
Hardness — Total as
[CaCO3 or (Ca + Mg)] 12,13 00900
(mg/L)
Monitor & Report
Quarterly Grab
Upstream
Footnotes:
1. The permittee shall submit discharge monitoring reports electronically using the NC DWR's eDMR
application system [see Section C.].
2. Daily Maximum limits apply to all permittees. More stringent limitations apply to discharges to Trout and
Water Supply (WS) Waters, Lakes, and Reservoirs as noted above and detailed in the footnotes below.
Refer to the Certificate of Coverage (CoC) for receiving stream classifications.
3. For instantaneous flow monitoring, the duration of the discharge must be reported in addition to the total
flow.
4. TSS: Permittees discharging to Trout waters shall not exceed a monthly average of 10 mg/L and a daily
maximum limit of 15 mg/L.
Page 4 of 33
DocuSign Envelope ID: 771437B6-70F2-4202-AD2C-FC9ED15E6E3A
Permit NCG590000
5. TRC: Limit and monitoring requirements only apply if the facility adds chlorine or chlorine derivatives to
water that is eventually discharged. The Division shall consider all effluent TRC values reported below 50
µg/L to be in compliance with the permit. However, the Permittee shall continue to record and submit all
values reported by a North Carolina certified laboratory (including field certified), even if these values
fall below 50 µg/L.
6. Turbidity: The Turbidity Daily Maximum effluent limit is 10 NTU for Trout waters and 25 NTU for
Lakes and Reservoirs not designated as trout waters.
7. Total Manganese: This sampling requirement does not apply to backwash from calcite filtration or similar
systems which are not designed for manganese removal and are not blended with other WTP wastewaters,
or discharges that are not into water supply (WS) waters.
8. Total Zinc: This requirement applies only to wastewater discharges from plants that use water treated
with zinc orthophosphate for backwashing filters.
9. Total Fluoride: This requirement applies only to wastewater discharges from plants that backwash with
fluoridated finished water.
10. TN & TP shall be monitored by facilities discharging to NSW waters. TN = TKN + NO3-N + NO2-N,
where TKN is Total Kjeldahl Nitrogen and NO3-N + NO2-N are Nitrate and Nitrite Nitrogen,
respectively. Refer to the Certificate of Coverage (CoC) for receiving stream classifications.
11. Effluent hardness sampling should be performed in conjunction with testing for hardness dependent
metals (cadmium, copper, lead, nickel, silver, and zinc).
12. The Permittee shall sample instream hardness, upstream of the facility's discharge. The sample shall be
representative of the hardness in the receiving stream. If the Permittee is a member of the Monitoring
Coalition Program, sampling for instream hardness may be waived as long as the Monitoring coalition
agrees to sample hardness at the nearest upstream location, at a minimum frequency of quarterly, and the
Permittee has obtained approval from DWR-NPDES Permitting Unit that the upstream station being
monitored by the Coalition is representative of the receiving stream for this discharge. The Permittee is
responsible for submitting instream hardness test results with its permit renewal application package. If
Coalition membership is cancelled or the Coalition terminates instream hardness sampling at the
approved station, the Permittee will immediately notify the Division and resume sampling for instream
hardness, upstream of its discharge.
13. If sampling upstream is not feasible, a waiver for the upstream hardness sampling may be requested by
the permittee from DWR.
SAMPLES SHALL BE TAKEN AT THE OUTFALL BUT PRIOR TO MIXING WITH THE
RECEIVING WATERS.
THERE SHALL BE NO DISCHARGE OF FLOATING SOLIDS OR FOAM IN OTHER THAN TRACE
AMOUNTS.
Page 5 of 33
DocuSign Envelope ID: 771437B6-70F2-4202-AD2C-FC9ED15E6E3A
Permit NCG590000
SECTION B. (2) Greensand WTP Effluent Limitations and Monitoring Requirements —
Discharges to Saltwater
[15A NCAC 02B .0400 et seq., 02B .0500 et seq]
During the period beginning on the effective date of the permit and lasting until expiration, the Permittee
is authorized to discharge wastewaters from iron and manganese removal type systems for the purpose
of water purification to the receiving waters. Such discharges shall be limited and monitored 1 by the
Permittee as specified below:
PARAMETER
Parameter codes
-
EFFLUENT LIMITS
MONITORING REQUIREMENTS
Monthly
Average
Daily
Maximum 2
Measurement
Frequency
Sample Type e
p
Sample
Location
Flow (MGD) 3 50050
Monitor & Report
2/ Month
Instantaneous
or Estimate
Effluent
Total Suspended Solids C0530
30.0 mg/I
45.0 mg/L
2/ Month
Grab
Effluent
Total Residual Chlorine 4 50060
13 pg1L
2/ Month
Grab
Effluent
pH 00400
6.8 s.u. s pH
_ 8.5 s.u.
Monthly
Grab
Effluent
Turbidity 00070
25 NTU
Monthly
Grab
Effluent
Total Manganese 5 (.g/L) 01055
Monitor & Report
Quarterly
Grab
Effluent
Total Zinc 6 (pg/L) 01092
Monitor & Report
Quarterly
Grab
Effluent
Total Nitrogen (TN) 7(mg/L) C0600
Monitor & Report
Quarterly
Grab
Effluent
Total Phosphorus (TP) 7 C0665
(mg/L)
Monitor & Report
Quarterly
Grab
Effluent
Footnotes:
1. The permittee shall submit discharge monitoring reports electronically using the NC DWR's eDMR
application system [see Section C.].
2. Daily Maximum limits apply to all permittees.
3. For instantaneous flow monitoring, duration of discharge must be reported in addition to the total flow.
4. TRC. Limit and monitoring requirements only apply if the facility adds chlorine or chlorine derivatives to
water that is eventually discharged. The Division shall consider all effluent TRC values reported below 50
µg/L to be in compliance with the permit. However, the Permittee shall continue to record and submit all
values reported by a North Carolina certified laboratory (including field certified), even if these values
fall below 50 µg/L.
5. Total Manganese: This sampling requirement does not apply to backwash from calcite filtration, or
similar systems not designed for manganese removal and are not blended with other WTP wastewaters.
6. Total Zinc: This requirement applies only to wastewater discharges from plants that use water treated
with zinc orthophosphate for backwashing filters.
7. TN & TP shall be monitored by facilities discharging to NSW waters. TN = TKN + NO3-N + NO2-N,
where TKN is Total Kjeldahl Nitrogen and NO3-N + NO2-N are Nitrate and Nitrite Nitrogen,
respectively. Refer to the Certificate of Coverage (CoC) for receiving stream classifications.
SAMPLES SHALL BE TAKEN AT THE OUTFALL BUT PRIOR TO MIXING WITH THE
RECEIVING WATERS.
THERE SHALL BE NO DISCHARGE OF FLOATING SOLIDS OR FOAM IN OTHER THAN TRACE
AMOUNTS.
Page 6 of 33
DocuSign Envelope ID: 771437B6-70F2-4202-AD2C-FC9ED15E6E3A
Permit NCG590000
SECTION B. (3) Conventional WTP Effluent Limitations and Monitoring Requirements -
Discharges to Freshwater
[15A NCAC 02B .0400 et seq., 02B .0500 et seq]
During the period beginning on the effective date of the permit and lasting until expiration, the Permittee
is authorized to discharge treated wastewaters from filter backwash, sedimentation basin washdown, and
decant from water treatment facilities to the receiving waters. Such discharges shall be limited and
monitored 1 by the permittee as specified below:
PARAMETER
Parameter codes 1 1
EFFLUENT LIMITS
MONITORING REQUIREMENTS
Monthly
Average
Daily
Maximum 2
Measurement
Frequency
Sam le T e
p yp
Sample
Location
Flow (MGD) 3 50050
Monitor & Report
See footnote 3
See footnote 3
Effluent
Total Suspended Solids 4 C0530
30.0 mg/I
(Exception:
Trout Waters)
45.0 mg/I
(Exception:
Trout Waters)
2/ Month
Grab
Effluent
Total Residual Chlorine 5 50060
17 pg/L
2/ Month
Grab
Effluent
pH 00400
6.0 s.u. <—pHs
9.0 s.u.
Monthly
Grab
Effluent
Turbidity 6 00070
50 NTU
(Exception:
Trout Waters,
Lakes, &
Reservoirs)
Monthly
Grab
Effluent
Total Aluminum 7 (pg/L) 01105
Monitor & Report
Quarterly
Grab
Effluent
Total Copper (pg/L) 01042
Monitor & Report
Quarterly
Grab
Effluent
Total Zinc 8(pg/L) 01092
Monitor & Report
Quarterly
Grab
Effluent
Total Fluoride 9(pg/L) 00951
Monitor & Report
Quarterly
Grab
Effluent
Total Manganese 10 (pg/L)
Monitor & Report
Quarterly
Grab
Effluent
Ammonia Nitrogen 11 C0610
(mg/L)
Monitor & Report
Quarterly
Grab
Effluent
Total Nitrogen (TN) 12 C0600
(mg/L)
Monitor & Report
Quarterly
Grab
Effluent
Total Phosphorus (TP) 12 C0665
(mg/L)
Monitor & Report
Quarterly
Grab
Effluent
Hardness — Total as
[CaCO3 or (Ca + Mg)] 13 00900
(mg/L)
Monitor & Report
Quarterly
Grab
Effluent
Hardness — Total as
[CaCO3 or (Ca + Mg)] 14,15 00900
(mg/L)
Monitor & Report
Quarterly
Grab
Upstream
Whole Effluent Toxicity 16
Pass
Annually
Grab
Effluent
Footnotes:
1. The permittee shall submit discharge monitoring reports electronically using the NC DWR's eDMR
application system [see Section C.].
2. Daily Maximum limits apply to all permittees. More stringent limitations apply to discharges to Trout and
Water Supply (WS) Waters, Lakes, and Reservoirs as noted above and detailed in the footnotes below.
Refer to the Certificate of Coverage (CoC) for receiving stream classifications.
Page 7 of 33
DocuSign Envelope ID: 771437B6-70F2-4202-AD2C-FC9ED15E6E3A
Permit NCG590000
3. Flows < 0.05 MGD shall sample Twice per Month and can estimate or use instantaneous flow
monitoring. For instantaneous flow monitoring, the duration of the discharge must be reported on the
DMR in addition to the total flow.
Flows > 0.05 MGD shall continuously record the effluent discharge. Facilities shall use the design
discharge flow as the flow value. Facilities without a design discharge flow shall define flow using the
maximum value of all the monthly average discharge flows recorded during the past three years. Facilities
proposing an expansion shall determine a maximum design wastewater discharge flow value as part of the
facility design.
4. TSS: Permittees discharging to Trout waters shall not exceed a monthly average of 10 mg/L and a daily
maximum limit of 15 mg/L.
5. TRC: Limit and monitoring requirements only apply if the facility adds chlorine or chlorine derivatives to
water that is eventually discharged. The Division shall consider all effluent TRC values reported below 50
µg/L to be in compliance with the permit. However, the Permittee shall continue to record and submit all
values reported by a North Carolina certified laboratory (including field certified), even if these values
fall below 50 µg/L.
6. Turbidity: The Turbidity Daily Maximum effluent limit is 10 NTU for Trout waters and 25 NTU for
Lakes and Reservoirs not designated as trout waters.
7. Total Aluminum: This requirement applies only to wastewater discharges from plants that use an
aluminum -based coagulant.
8. Total Zinc: This requirement applies only to wastewater discharges from plants that use backwash water
treated with zinc orthophosphate.
9. Total Fluoride: This requirement applies only to wastewater discharges from plants that backwash with
fluoridated finished water.
10. Total Manganese: This requirement applies only to wastewater discharges into water supply (WS) waters.
11. Ammonia Nitrogen: This requirement applies only to wastewater discharges from plants that use water
treated with chloramines (add ammonia to chlorinated water) for backwashing.
12. TN & TP shall be monitored by facilities discharging to NSW waters or facilities with a discharge flow >
0.05 MGD. TN = TKN + NO3-N + NO2-N, where TKN is Total Kjeldahl Nitrogen and NO3-N + NO2-N
are Nitrate and Nitrite Nitrogen, respectively.
13. Effluent hardness sampling should be performed in conjunction with testing for hardness dependent
metals (cadmium, copper, lead, nickel, silver, and zinc).
14. The Permittee shall sample instream hardness, upstream of the facility's discharge. The sample shall be
representative of the hardness in the receiving stream. If the Permittee is a member of the Monitoring
Coalition Program, sampling for instream hardness may be waived as long as the Monitoring coalition
agrees to sample hardness at the nearest upstream location, at a minimum frequency of quarterly, and the
Permittee has obtained approval from DWR-NPDES Permitting Unit that the upstream station being
monitored by the Coalition is representative of the receiving stream for this discharge. The Permittee is
responsible for submitting instream hardness test results with its permit renewal application package. If
Coalition membership is cancelled or the Coalition terminates instream hardness sampling at the
approved station, the Permittee will immediately notify the Division and resume sampling for instream
hardness, upstream of its discharge.
15. If sampling upstream is not feasible, a waiver for the upstream hardness sampling may be requested by
the permittee from DWR.
16. Whole Effluent Toxicity testing shall be performed once per calendar year. See Section D.
SAMPLES SHALL BE TAKEN AT THE OUTFALL BUT PRIOR TO MIXING WITH THE
RECEIVING WATERS.
THERE SHALL BE NO DISCHARGE OF FLOATING SOLIDS OR FOAM IN OTHER THAN TRACE
AMOUNTS.
Page 8 of 33
DocuSign Envelope ID: 771437B6-70F2-4202-AD2C-FC9ED15E6E3A
Permit NCG590000
SECTION B. (4) Conventional WTP Effluent Limitations and Monitoring Requirements -
Discharges to Saltwater
[15A NCAC 02B .0400 et seq., 02B .0500 et seq]
During the period beginning on the effective date of the permit and lasting until expiration, the Permittee
is authorized to discharge treated wastewaters from filter backwash, sedimentation basin washdown, and
decant from water treatment facilities to the receiving waters. Such discharges shall be limited and
monitored 1 by the permittee as specified below:
PARAMETER
Parameter codes
EFFLUENT LIMITS
MONITORING REQUIREMENTS
Monthly
Average
Daily
Maximum 2
Measurement
Frequency
Sam le T e
p yp
Sample
Location
Flow (MGD) 3 50050
Monitor & Report
See footnote 3
See footnote 3
Effluent
Total Suspended Solids C0530
30.0 mg/I
45.0 mg/I
2/ Month
Grab
Effluent
Total Residual Chlorine 4 50060
13 pg/L
2/ Month
Grab
Effluent
pH 00400
6.8 s.u. pH
58.5 s.u.
MonthlyGrab
Effluent
Turbidity 00070
_
25 NTU
Monthly
Grab
Effluent
Total Aluminum 5 (pglL) 01105
Monitor & Report
Quarterly
Grab
Effluent
Total Copper (pglL) 01042
Monitor & Report
Quarterly
Grab
Effluent
Total Zinc 6 (pglL) 01092
Monitor & Report
Quarterly
Grab
Effluent
Ammonia Nitrogen 7 (mgfL) C0610
Monitor & Report
Quarterly
Grab
Effluent
Total Nitrogen (TN) 6(mglL) C0600
Monitor & Report
Quarterly
Grab
Effluent
Total Phosphorus (TP) 8 C0665
(m_g L)
Monitor & Report
Quarterly
Grab
Effluent
Whole Effluent Toxicity 9
Pass
Annually
Grab
Effluent
Footnotes:
1. The permittee shall submit discharge monitoring reports electronically using the NC DWR's eDMR
application system [see Section C.].
2. Daily Maximum limits apply to all permittees.
3. Flows < 0.05 MGD shall sample Twice per Month and can estimate or use instantaneous flow
monitoring. For instantaneous flow monitoring, the duration of the discharge must be reported on the
DMR in addition to the total flow.
Flows > 0.05 MGD shall continuously record the effluent discharge. Facilities shall use the design
discharge flow as the flow value. Facilities without a design discharge flow value shall define flow using
the maximum value of all the monthly average discharge flows recorded during the past three years.
Facilities proposing an expansion shall determine a maximum design wastewater discharge flow value as
part of the facility design.
4. TRC: Limit and monitoring requirements only apply if the facility adds chlorine or chlorine derivatives to
water that is eventually discharged. The Division shall consider all effluent TRC values reported below 50
µg/L to be in compliance with the permit. However, the Permittee shall continue to record and submit all
values reported by a North Carolina certified laboratory (including field certified), even if these values
fall below 50 µg/L.
5. Total Aluminum: This requirement applies only to wastewater discharges from plants that use an
aluminum -based coagulant.
6. Total Zinc: This requirement applies only to wastewater discharges from plants that use backwash water
treated with zinc orthophosphate.
7. Ammonia Nitrogen: This requirement applies only to wastewater discharges from plants that use water
treated with chloramines (add ammonia to chlorinated water) for backwashing.
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8. TN & TP shall be monitored by facilities discharging to NSW waters or facilities with a discharge flow >
0.05 MGD. TN = TKN + NO3-N + NO2-N, where TKN is Total Kjeldahl Nitrogen and NO3-N + NO2-N
are Nitrate and Nitrite Nitrogen, respectively. Refer to the Certificate of Coverage (CoC) for receiving
stream classifications.
9. Whole Effluent Toxicity testing shall be performed once per calendar year. See Section D.
SAMPLES SHALL BE TAKEN AT THE OUTFALL BUT PRIOR TO MIXING WITH THE
RECEIVING WATERS.
THERE SHALL BE NO DISCHARGE OF FLOATING SOLIDS OR FOAM IN OTHER THAN TRACE
AMOUNTS.
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SECTION C. Electronic Reporting of Discharge Monitoring Reports
[NCGS 143-215.1 (b)]
Federal regulations require electronic submittal of all discharge monitoring reports (DMRs) and program
reports. The final NPDES Electronic Reporting Rule was adopted and became effective on December
21,2015.
NOTE: This special condition supplements or supersedes the following sections within Part II of this
permit (Standard Conditions for NPDES Permits):
• Section B. (11.) Signatory Requirements
• Section D. (2.) Reporting
• Section D. (6.) Records Retention
• Section E. (5.) Monitoring Reports
1. Reporting Requirements [Supersedes Section D. (2.) and Section E. (5.) (a)1
The permittee shall report discharge monitoring data electronically using the NC DWR's Electronic
Discharge Monitoring Report (eDMR) internet application.
Monitoring results obtained during the previous month(s) shall be summarized for each month and
submitted electronically using eDMR. The eDMR system allows permitted facilities to enter monitoring
data and submit DMRs electronically using the internet.
If a permittee is unable to use the eDMR system due to a demonstrated hardship or due to the facility
being physically located in an area where less than 10 percent of the households have broadband access,
then a temporary waiver from the NPDES electronic reporting requirements may be granted and
discharge monitoring data may be submitted on paper DMR forms (MR 1, 1.1, 2, 3) or alternative forms
approved by the Director. Duplicate signed copies shall be submitted to the mailing address above. See
"How to Request a Waiver from Electronic Reporting" section below.
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.
Starting on December 21, 2020, the permittee must electronically report the following compliance
monitoring data and reports, when applicable:
• Sewer Overflow/Bypass Event Reports;
• Pretreatment Program Annual Reports; and
• Clean Water Act (CWA) Section 316(b) Annual Reports.
The permittee may seek an electronic reporting waiver from the Division (see "How to Request a
Waiver from Electronic Reporting" section below).
2. Electronic Submissions
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In accordance with 40 CFR 122.41(1)(9), the permittee must identify the initial recipient at the time of
each electronic submission. The permittee should use the EPA's website resources to identify the initial
recipient for the electronic submission.
Initial recipient of electronic NPDES information from NPDES-regulated facilities means the entity
(EPA or the state authorized by EPA to implement the NPDES program) that is the designated entity for
receiving electronic NPDES data [see 40 CFR 127.2(b)].
EPA plans to establish a website that will also link to the appropriate electronic reporting tool for each
type of electronic submission and for each state. Instructions on how to access and use the appropriate
electronic reporting tool will be available as well. Information on EPA's NPDES Electronic Reporting
Rule is found at: https://www.federalregister.gov/documents/2015/10/22/2015-24954/national-pollutant-
discharge-elimination-system-npdes-electronic-reporting-rule.
Electronic submissions must start by the dates listed in the "Reporting Requirements" section above.
3. How to Request a Waiver from Electronic Reporting
The permittee may seek a temporary electronic reporting waiver from the Division. To obtain an
electronic reporting waiver, a permittee must first submit an electronic reporting waiver request to the
Division. Requests for temporary electronic reporting waivers must be submitted in writing to the
Division for written approval at least sixty (60) days prior to the date the facility would be required
under this permit to begin submitting monitoring data and reports. The duration of a temporary waiver
shall not exceed 5 years and shall thereupon expire. At such time, monitoring data and reports shall be
submitted electronically to the Division unless the permittee re -applies for and is granted a new
temporary electronic reporting waiver by the Division. Approved electronic reporting waivers are not
transferrable. Only permittees with an approved reporting waiver request may submit monitoring data
and reports on paper to the Division for the period that the approved reporting waiver request is
effective.
Information on eDMR and the application for a temporary electronic reporting waiver are found on the
following web page:
http://deq.nc.gov/about/divisions/water-resources/edmr
4. Signatory Requirements [Supplements Section B. (11.) (b) and Supersedes Section B. (11.) (d)1
All eDMRs submitted to the permit issuing authority shall be signed by a person described in Part II,
Section B. (11.)(a) or by a duly authorized representative of that person as described in Part II, Section
B. (11.)(b). A person, and not a position, must be delegated signatory authority for eDMR reporting
purposes.
For eDMR submissions, the person signing and submitting the DMR must obtain an eDMR user account
and login credentials to access the eDMR system. For more information on North Carolina's eDMR
system, registering for eDMR and obtaining an eDMR user account, please visit the following web
page:
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http://deq.nc.gov/about/divisions/water-resources/edmr
Certification. Any person submitting an electronic DMR using the state's eDMR system shall make the
following certification [40 CFR 122.22]. NO OTHER STATEMENTS OF CERTIFICATION WILL BE
ACCEPTED:
"I certify, under penalty of law, that this document and all attachments were prepared under my
direction or supervision in accordance with a system designed to assure that qualified personnel
properly gather and evaluate the information submitted. Based on my inquiry of the person or persons
who manage the system, or those persons directly responsible for gathering the information, the
information submitted is, to the best of my knowledge and belief true, accurate, and complete. I am
aware that there are significant penalties for submitting false information, including the possibility of
fines and imprisonment for knowing violations."
5. Records Retention [Supplements Section D. (6.)1
The permittee shall retain records of all Discharge Monitoring Reports, including eDMR submissions.
These records or copies shall be maintained for a period of at least 3 years from the date of the report.
This period may be extended by request of the Director at any time [40 CFR 122.41].
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SECTION D. Whole Effluent Toxicity Testing Requirements
[15A NCAC 02B .0200 et seq., 02B .0500 et seq.]
1. Applicability
Facilities having Conventional Water Treatment Plant processes are required to perform annual toxicity
tests each calendar year using one of the following procedures:
a. CHRONIC TOXICITY PASS/FAIL PERMIT LIMIT APPLIES TO:
Discharges to Freshwater with an Instream Waste Concentration* (IWC) > 0.25%
Discharges to Saltwater with a Modeled Dilution
b. ACUTE TOXICITY PASS/FAIL PERMIT LIMIT APPLIES TO:
Discharges to Freshwater with an Instream Waste Concentration* (IWC) < 0.25%
Discharges to Saltwater with Tidal receiving waters not modeled
The test organism for facilities discharging to freshwaters shall be Ceriodaphnia dubia, unless another
test organism has been authorized for use by the Division and is listed in the Supplement to the
Certificate of Coverage. The test organism for facilities discharging to saltwaters shall be Mysidopsis
bahia, unless another test organism has been authorized for use by the Division and is listed in the
Supplement to the Certificate of Coverage. Authorization to change the test type and organism can be
obtained from the Water Sciences Section in the Division of Water Resources.
* The IWC or modeled dilution will be specified on the Supplement to the Certificate of Coverage
(CoC) issued with the General Permit. A discussion on how the percent effluent concentration is
determined can be found in the General Permit Fact Sheet. If the IWC exceeds 90%, a maximum default
value of 90% effluent shall be used for WET testing.
2. Chronic Toxicity Pass/Fail Permit Limit Applies To:
Discharges to Freshwater with an Instream Waste Concentration (IWC) > 0.25%, and
Discharges to Saltwater with a Modeled Dilution
For Freshwater receiving streams the effluent discharge shall at no time exhibit observable
inhibition of reproduction or significant mortality to Ceriodaphnia dubia (or other approved
test organism) at an effluent concentration specified on the Supplement to the CoC issued
with this general permit.
For Saltwater receiving streams the effluent discharge shall at no time exhibit observable
inhibition of reproduction or significant mortality to Mysidopsis bahia (or other approved test
organism) at an effluent concentration specified on the Supplement to the CoC issued with
this general permit.
The permit holder shall perform at a minimum, annual monitoring using procedures described below to
establish compliance with the permit condition. WET tests shall be performed once per calendar year.
Effluent sampling for this testing must be obtained during representative effluent discharge and shall be
performed at the NPDES permitted final effluent discharge below all treatment processes.
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If the test procedure performed as the first test of the year results in a failure or ChV below the permit
limit, then multiple -concentration testing shall be performed at a minimum, in each of the two following
months.
For freshwater receiving streams the test shall be performed as described in "North
Carolina Ceriodaphnia Chronic Whole Effluent Toxicity Test Procedure" (Revised -
December 2010). All toxicity testing results required as part of this permit condition will be
entered on the Effluent Discharge Monitoring Form (MR-1) for the month(s) in which the
test were performed, using the parameter code TGP3B for the pass/fail results and THP3B
for the Chronic Value on the DWR Form AT-3.
For saltwater receiving streams the test shall be performed as described in EPA Method
1007.0\Mysid\Mysidopsis bahia\Survival, Growth, and Fecundity Test, as described in
"Short -Term Methods for Estimating the Chronic Toxicity of Effluents and Receiving
Waters to Marine and Estuarine Organisms", Third Edition, EPA-821-R-02-014, October
2002. The procedure will be performed as written with the following exceptions:
• The test treatments will consist of a control and the effluent concentration listed on the
Supplement to the CoC ("pass/fail"), or a control and five effluent concentrations, one of
which will be one-half the effluent concentration listed on the Supplement to the CoC
and one of which will be twice the effluent concentration listed on the Supplement to the
CoC.
• Mortality for pass/fail tests will be evaluated using the t-test described in Section 11.3 in
Methods for Measuring the Acute Toxicity of Effluents to Freshwater and Marine
Organisms, Fifth Edition. EPA-821-R-02-012, October 2002, applying an alpha level of
0.05.
• The growth endpoint for pass/fail tests will be determined using Appendix G of Short -
Term Methods for Estimating the Chronic Toxicity of Effluents and Receiving Waters to
Marine and Estuarine Organisms, Third Edition, EPA-821-R-02-014, October 2002,
applying an alpha level of 0.01.
All toxicity testing results required as part of this permit condition will be entered on the
Effluent Discharge Monitoring Form (MR-1) for the month(s) in which tests were performed.
For pass/fail results, report using the parameter code TGP3E and the DWR Form AT-4
(original), which is to be sent to the address below. Additionally, for reporting Chronic Value
results use the parameter code THP3E and DWR Form AT-6.
The original signed forms shall be sent to the following address:
Attention: North Carolina Division of Water Resources
Water Sciences Section
1621 Mail Service Center
Raleigh, N.C. 27699-1621
Completed Aquatic Toxicity Test Forms shall be filed with the Water Sciences Section no later than 30
days after the end of the month in which the toxicity test was sampled.
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The permittee must report on the discharge monitoring report (DMR) form whether the test passes or
fails at the specified effluent concentration.
Test data shall be complete and accurate and include all supporting chemical/physical measurements
performed in association with the toxicity tests, as well as all dose/response data. Total residual chlorine
of the effluent toxicity sample must be measured and reported if chlorine is employed for disinfection of
the waste stream.
Should there be no discharge of flow from the facility during the year in which toxicity monitoring is
required, the permittee will submit the aquatic toxicity (AT) test form with the notation of "No Flow" in
the comment area of the form. The report shall be submitted to the Water Sciences Section at the address
cited above.
Should the permittee fail to monitor during the year in which toxicity monitoring is required, then
quarterly monitoring shall begin immediately. Upon passing, this quarterly test requirement will revert
back to an annual requirement of once per calendar year.
Should any test data from this monitoring requirement or tests performed by the North Carolina Division
of Water Resources indicate potential impacts to the receiving stream, the permittee may be required to
perform additional testing and, if necessary, apply for an individual permit that could include alternate
monitoring requirements or limits
NOTE: Failure to achieve test conditions as specified in the cited document, such as minimum control
organism survival, minimum control organism reproduction, and appropriate environmental controls,
shall constitute an invalid test and will require immediate follow-up testing to be completed no later
than the last day of the month following the month of monitoring.
3. Acute Toxicity Pass/Fail Permit Limit Applies To:
Discharges to Freshwater with an Instream Waste Concentration (IWC) < 0.25%, and
Discharges to Saltwater with Tidal receiving waters not modeled
The permittee shall conduct acute toxicity tests on an annual basis, once each calendar year, using
protocols defined in the North Carolina Procedure Document entitled "Pass/Fail Methodology For
Determining Acute Toxicity In A Single Effluent Concentration" (Revised December 2010).
For Freshwater receiving streams, the monitoring shall be performed as a Ceriodaphnia
dubia 24 hour static test. If another test organism has been approved by the Division for this
facility, it will be listed on the Supplement to the CoC.
For Saltwater receiving streams. the monitoring shall be performed as a Mysid Shrimp
(Mysidopsis bahia) 24 hour static test. If another test organism has been approved by the
Division for this facility, it will be listed on the Supplement to the CoC.
The effluent concentration at which there may be at no time significant acute mortality is 90% (defined
as treatment two in the procedure document). Effluent sampling for this testing must be obtained during
a representative effluent discharge and shall be performed at the NPDES permitted final effluent
discharge below all treatment processes.
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Should any single annual monitoring test indicate a failure to meet specified limits, then quarterly
monitoring will begin immediately. Upon passing, this quarterly test requirement will revert back to an
annual requirement of once per calendar year.
All toxicity testing results required as part of this permit condition will be entered on the Effluent
Discharge Monitoring Form (MR-1) for the month in which it was performed, using the parameter code
specified below and DWR Form AT-2.
For Freshwater receiving streams, use parameter code TGE3B.
For Saltwater receiving streams, use parameter code TGE3E.
The DWR Form AT-2 (original) is to be sent to the following address:
Attention: North Carolina Division of Water Resources
Water Sciences Section
1621 Mail Service Center
Raleigh, N.C. 27699-162
Completed Aquatic Toxicity Test Forms shall be filed with the Water Sciences Section no later than 30
days after the end of the month in which the toxicity test was sampled.
Test data shall be complete and accurate and include all supporting chemical/physical measurements
performed in association with the toxicity tests, as well as all dose/response data. Total residual chlorine
of the effluent toxicity sample must be measured and reported if chlorine is employed for disinfection of
the waste stream.
Should there be no discharge of flow from the facility during the year in which toxicity monitoring is
required, the permittee will submit the aquatic toxicity (AT) test form with the notation of "No Flow" in
the comment area of the form. The report shall be submitted to the Water Sciences Section at the address
cited above.
The permittee must report on the discharge monitoring report (DMR) form whether the test passes or
fails at the specified effluent concentration.
Should the permittee fail to monitor during the year in which toxicity monitoring is required, then
quarterly monitoring will begin immediately until such time that a single test is passed. Upon passing,
this quarterly test requirement will revert back to an annual requirement of once per calendar year.
Should any test data from either these monitoring requirements or tests performed by the North Carolina
Division of Water Resources indicate potential impacts to the receiving stream, the permittee may be
required to perform additional testing and if necessary, apply for an individual permit which could
include alternate monitoring requirements or limits.
NOTE: Failure to achieve test conditions as specified in the cited document, such as minimum control
organism survival and appropriate environmental controls, shall constitute an invalid test and will
require immediate follow-up testing to be completed no later than the last day of the month following
the month of monitoring.
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PART II.
STANDARD CONDITIONS FOR NPDES PERMITS
Section A. Defmitions
2/Month
Samples are collected twice per month with at least ten calendar days between sampling events. These
samples shall be representative of the wastewater discharged during the sample period.
3/Week
Samples are collected three times per week on three separate calendar days. These samples shall be
representative of the wastewater discharged during the sample period.
Act or "the Act"
The Federal Water Pollution Control Act, also known as the Clean Water Act (CWA), as amended, 33
USC 1251, et. seq.
Annual Average
The arithmetic mean of all "daily discharges" of a pollutant measured during the calendar year. In the
case of fecal coliform, the geometric mean of such discharges.
Arithmetic Mean
The summation of the individual values divided by the number of individual values.
Bypass
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.
Calendar Day
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.
Calendar Week
The period from Sunday through the following Saturday.
Calendar Quarter
One of the following distinct periods: January through March, April through June, July through
September, and October through December.
Composite Sample
A sample collected over a 24-hour period by continuous sampling or combining grab samples of at least
100 mL in such a manner as to result in a total sample representative of the wastewater discharge during
the sample period. The Director may designate the most appropriate method (specific number and size
of aliquots necessary, the time interval between grab samples, etc.) on a case -by -case basis. Samples
may be collected manually or automatically. Composite samples may be obtained by the following
methods:
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(1) Continuous: a single, continuous sample collected over a 24-hour period proportional to
the rate of flow.
(2) Constant time/variable volume: 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
(3) Variable time/constant volume: 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 preset gallon interval between
sample collection fixed at no greater than 1/24 of the expected total daily flow at the
treatment system, or
(4) Constant time/constant volume: a series of grab samples of equal volume collected over a
24-hour period at a constant time interval. Use of this method requires prior approval by
the Director. This method may only be used in situations where effluent flow rates vary
less than 15 percent. The following restrictions also apply:
Influent and effluent grab samples shall be of equal size and of no less than 100
milliliters.
Influent samples shall not be collected more than once per hour.
Permittees with wastewater treatment systems whose detention time < 24 hours shall
collect effluent grab samples at intervals of no greater than 20 minutes apart during
any 24-hour period.
Permittees with wastewater treatment systems whose detention time exceeds 24 hours
shall collect effluent grab samples at least every six hours; there must be a minimum
of four samples during a 24-hour sampling period.
Continuous flow measurement
Flow monitoring that occurs 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.
Daily Discharge
The discharge of a pollutant measured during a calendar day or any 24-hour period that reasonably
represents the calendar day for purposes of sampling. For pollutants measured in units of mass, the
"daily discharge" is calculated as the total mass of the pollutant discharged over the day. For pollutants
expressed in other units of measurement, the "daily discharge" is calculated as the average measurement
of the pollutant over the day. (40 CFR 122.2; see also "Composite Sample," above.)
Daily Maximum
The highest "daily discharge" during the calendar month.
Daily Sampling
Parameters requiring daily sampling shall be sampled 5 out of every 7 days per week unless otherwise
specified in the permit. Sampling shall be conducted on weekdays except where holidays or other
disruptions of normal operations prevent weekday sampling. If sampling is required for all seven days of
the week for any permit parameter(s), that requirement will be so noted on the Effluent Limitations and
Monitoring Page(s).
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DWR or "the Division"
The Division of Water Resources, Department of Environment and Natural Resources.
Effluent
Wastewater discharged following all treatment processes from a water pollution control facility or other
point source whether treated or untreated.
EMC
The North Carolina Environmental Management Commission
EPA
The United States Environmental Protection Agency
Facility Closure
Cessation of all activities that require coverage under this NPDES permit. Completion of facility closure
will allow this permit to be rescinded.
Geometric Mean
The Nth root of the product of the individual values where N = the number of individual values. For
purposes of calculating the geometric mean, values of "0" (or "< [detection level]") shall be considered
= 1.
Grab Sample
Individual samples of at least 100 mL collected over a period of time not exceeding 15 minutes. Grab
samples can be collected manually. Grab samples must be representative of the discharge (or the
receiving stream, for instream samples).
Hazardous Substance
Any substance designated under 40 CFR Part 116 pursuant to Section 311 of the CWA.
Instantaneous flow measurement
The flow measured during the minimum time required for the flow measuring device or method to
produce a result in that instance. To the extent practical, instantaneous flow measurements coincide with
the collection of any grab samples required for the same sampling period so that together the samples
and flow are representative of the discharge during that sampling period.
Monthly Average (concentration limit)
The arithmetic mean of all "daily discharges" of a pollutant measured during the calendar month. In the
case of fecal coliform or other bacterial parameters or indicators, the geometric mean of such discharges.
Permit Issuing Authority
The Director of the Division of Water Resources.
Ouarterly Average t concentration limit)
The arithmetic mean of all samples taken over a calendar quarter.
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Severe property damage
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 excludes economic loss caused by
delays in production.
Toxic Pollutant
Any pollutant listed as toxic under Section 307(a)(1) of the CWA.
Upset
An incident beyond the reasonable control of the Permittee causing unintentional and temporary
noncompliance with permit effluent limitations and/or monitoring requirements. An upset does not
include noncompliance caused by operational error, improperly designed treatment facilities, inadequate
treatment facilities, lack of preventive maintenance, or careless or improper operation.
Weekly Average (concentration limit)
The arithmetic mean of all "daily discharges" of a pollutant measured during the calendar week. In the
case of fecal coliform or other bacterial parameters or indicators, the geometric mean of such discharges.
Section B. General Conditions
1. Duty to Comply
The Permittee must comply with all conditions of this permit. Any permit noncompliance constitutes
a violation of the CWA and is grounds for enforcement action; for permit termination, revocation
and reissuance, or modification; or denial of a permit renewal application [40 CFR 122.41].
a. The Permittee shall comply with effluent standards or prohibitions established under section
307(a) of the CWA for toxic pollutants and with standards for sewage sludge use or disposal
established under section 405(d) of the CWA within the time provided in the regulations that
establish these standards or prohibitions or standards for sewage sludge use or disposal, even if
the permit has not yet been modified to incorporate the requirement.
b. The CWA provides that any person who violates section[s] 301, 302, 306, 307, 308, 318 or 405
of the Act, or any permit condition or limitation implementing any such sections in a permit
issued under section 402, or any requirement imposed in a pretreatment program approved under
sections 402(a)(3) or 402(b)(8) of the Act, is subject to a civil penalty not to exceed $37,500 per
day for each violation. [33 USC 1319(d) and 40 CFR 122.41(a)(2)]
c. The CWA provides that any person who negligently violates sections 301, 302, 306, 307, 308,
318, or 405 of the Act, or any condition or limitation implementing any of such sections in a
permit issued under section 402 of the Act, or any requirement imposed in a pretreatment
program approved under section 402(a)(3) or 402(b)(8) of the Act, is subject to criminal
penalties of $2,500 to $25,000 per day of violation, or imprisonment of not more than 1 year, or
both. In the case of a second or subsequent conviction for a negligent violation, a person shall be
subject to criminal penalties of not more than $50,000 per day of violation, or by imprisonment
of not more than 2 years, or both. [33 USC 1319(c)(1) and 40 CFR 122.41(a)(2)]
d. Any person who knowingly violates such sections, or such conditions or limitations 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. In the case of a second or subsequent conviction for a knowing violation, a person
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shall be subject to criminal penalties of not more than $100,000 per day of violation, or
imprisonment of not more than 6 years, or both. [33 USC 1319(c)(2) and 40 CFR 122.41(a)(2)]
e. Any person who knowingly violates section 301, 302, 303, 306, 307, 308, 318 or 405 of the Act,
or any permit condition or limitation implementing any of such sections in a permit issued under
section 402 of the Act, and who knows at that time that he thereby places another person in
imminent danger of death or serious bodily injury, shall, upon conviction, be subject to a fine of
not more than $250,000 or imprisonment of not more than 15 years, or both. In the case of a
second or subsequent conviction for a knowing endangerment violation, a person shall be subject
to a fine of not more than $500,000 or by imprisonment of not more than 30 years, or both. An
organization, as defined in section 309(c)(3)(B)(iii) of the CWA, shall, upon conviction of
violating the imminent danger provision, be subject to a fine of not more than $1,000,000 and
can be fined up to $2,000,000 for second or subsequent convictions. [40 CFR 122.41(a)(2)]
f. Under state law, a civil penalty of not more than $25,000 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. [North Carolina General Statutes § 143-215.6A]
g. Any person may be assessed an administrative penalty by the Administrator for violating section
301, 302, 306, 307, 308, 318 or 405 of this Act, or any permit condition or limitation
implementing any of such sections in a permit issued under section 402 of this Act.
Administrative penalties for Class I violations are not to exceed $16,000 per violation, with the
maximum amount of any Class I penalty assessed not to exceed $37,500. Penalties for Class II
violations are not to exceed $16,000 per day for each day during which the violation continues,
with the maximum amount of any Class II penalty not to exceed $177,500. [33 USC 1319(g)(2)
and 40 CFR 122.41(a)(3)]
2. Duty to Mitigate
The Permittee shall take all reasonable steps to minimize or prevent any discharge or sludge use or
disposal in violation of this permit with a reasonable likelihood of adversely affecting human health
or the environment [40 CFR 122.41(d)].
3. Civil and Criminal Liability
Except as provided in permit conditions on "Bypassing" (Part II.C.4), "Upsets" (Part II.C.5) and
"Power Failures" (Part II.C.7), nothing in this permit shall be construed to relieve the Permittee from
any responsibilities, liabilities, or penalties for noncompliance pursuant to NCGS 143-215.3, 143-
215.6 or Section 309 of the Federal Act, 33 USC 1319. Furthermore, the Permittee is responsible for
consequential damages, such as fish kills, even though the responsibility for effective compliance
may be temporarily suspended.
4. Oil and 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 [40 CFR
122.41(g)].
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.
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7. Severability
The provisions of this permit are severable. 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 [NCGS 150B-
23].
8. 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 by this permit [40 CFR 122.41(h)].
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 [40 CFR 122.41(b)].
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 unless permission for a later date has been granted by the Director. (The
Director shall not grant permission for applications to be submitted later than the expiration date of
the existing permit.) [40 CFR 122.21(d)] Any Permittee that has not requested renewal at least 180
days prior to expiration, or any Permittee that does not have a permit after the expiration and has not
requested renewal at least 180 days prior to expiration, will subject the Permittee to enforcement
procedures as provided in NCGS 143-215.6 and 33 USC 1251 et. seq.
11. Signatory Requirements
All applications, reports, or information submitted to the Permit Issuing Authority shall be signed
and certified [40 CFR 122.41(k)].
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, provided, the manager is authorized
to make management decisions which govern the operation of the regulated facility including
having the explicit or implicit duty of making major capital investment recommendations,
and initiating and directing other comprehensive measures to assure long term environmental
compliance with environmental laws and regulations; the manager can ensure that the
necessary systems are established or actions taken to gather complete and accurate
information for permit application requirements; and where 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 [40 CFR 122.22].
b. All reports required by the permit and other information requested by the Permit Issuing
Authority shall be signed by a person described in paragraph a. 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;
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(2) The authorization specified either an individual or a position having responsibility for the
overall operation of the regulated facility or activity, such as the position of plant manager,
operator of a well or well field, superintendent, a position of equivalent responsibility, or an
individual or position having overall responsibility for environmental matters for the
company. (A duly authorized representative may thus be either a named individual or any
individual occupying a named position.); and
(3) The written authorization is submitted to the Permit Issuing Authority [40 CFR 122.22]
c. Changes to authorization: If an authorization under paragraph (b) of this section is no longer
accurate because a different individual or position has responsibility for the overall operation of
the facility, a new authorization satisfying the requirements of paragraph (b) of this section must
be submitted to the Director prior to or together with any reports, information, or applications to
be signed by an authorized representative [40 CFR 122.22]
d. Certification. Any person signing a document under paragraphs a. or b. of this section shall make
the following certification [40 CFR 122.22]. NO OTHER STATEMENTS OF
CERTIFICATION WILL BE ACCEPTED:
"I certify, under penalty of law, that this document and all attachments were prepared under my
direction or supervision in accordance with a system designed to assure that qualified personnel
properly gather and evaluate the information submitted. Based on my inquiry of the person or
persons who manage the system, or those persons directly responsible for gathering the
information, the information submitted is, to the best of my knowledge and belief true, accurate,
and complete. I am aware that there are significant penalties for submitting false information,
including the possibility of fines and imprisonment for knowing violations."
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 [40
CFR 122.41(f)].
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 15A of the North Carolina Administrative Code, Subchapter 02H .0100; and North Carolina
General Statute 143.215.1 et. al.
14. Annual Administering and Compliance Monitoring Fee Requirements
The Permittee must pay the annual administering and compliance monitoring fee within thirty days
after being billed by the Division. Failure to pay the fee in a timely manner in accordance with 15A
NCAC 02H .0105(b)(2) may cause this Division to initiate action to revoke the permit.
Section C. Operation and Maintenance of Pollution Controls
1. Certified Operator
Owners of classified water pollution control systems must designate operators, certified by the Water
Pollution Control System Operators Certification Commission (WPCSOCC), of the appropriate type
and grade for the system, and, for each classification must [T15A NCAC 08G .0201]:
a. designate one Operator In Responsible Charge (ORC) who possesses a valid certificate of the
type and grade at least equivalent to the type and grade of the system;
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b. designate one or more Back-up Operator(s) in Responsible Charge (Back-up ORCs) who
possesses a valid certificate of the type of the system and no more than one grade less than the
grade of the system, with the exception of no backup operator in responsible charge is required
for systems whose minimum visitation requirements are twice per year; and
c. submit a signed completed "Water Pollution Control System Operator Designation Form" to the
Commission (or to the local health department for owners of subsurface systems) countersigned
by the designated certified operators, designating the Operator in Responsible Charge (ORC) and
the Back-up Operator in Responsible Charge (Back-up ORC):
(1) 60 calendar days prior to wastewater or residuals being introduced into a new system; or
(2) within 120 calendar days following:
receiving notification of a change in the classification of the system requiring the
designation of a new Operator in Responsible Charge (ORC) and Back-up Operator
in Responsible Charge (Back-up ORC) of the proper type and grade; or
a vacancy in the position of Operator in Responsible Charge (ORC) or Back-up Operator
in Responsible Charge (Back-up ORC).
(3) within seven calendar days of vacancies in both ORC and Back-up ORC positions replacing
or designating at least one of the responsibilities.
The ORC of each Class I facility (or the Back-up ORC, when acting as surrogate for the ORC)
must:
Visit the facility as often as is necessary to insure proper operation of the treatment system; the
treatment facility must be visited at least weekly
Comply with all other conditions of 15A NCAC 08G .0204.
The ORC of each Class II, III and IV facility (or the Back-up ORC, when acting as surrogate for the
ORC) must:
Visit the facility as often as is necessary to insure proper operation of the treatment system; the
treatment facility must be visited at least five days per week, excluding holidays
Properly manage and document daily operation and maintenance of the facility
Comply with all other conditions of 15A NCAC 08G .0204.
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 Permittee to install and operate backup or auxiliary facilities only when necessary to achieve
compliance with the conditions of the permit [40 CFR 122.41(e)].
NOTE: Properly and officially designated operators are fully responsible for all proper operation and
maintenance of the facility, and all documentation required thereof, whether acting as a contract
operator [subcontractor] or a member of the Permittee's staff.
3. 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 [40 CFR 122.41(c)].
4. Bypassing of Treatment Facilities
a. Bypass not exceeding limitations [40 CFR 122.41(m)(2)]
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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 b. and c. of this section.
b. Notice [40 CFR 122.41(m)(3)]
(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 effect of the bypass.
(2) Unanticipated bypass. The Permittee shall submit notice of an unanticipated bypass as
required in Part II.E.6. (24-hour notice).
c. Prohibition of Bypass
(1) Bypass from the treatment facility is prohibited and the Permit Issuing Authority may take
enforcement action against a Permittee for bypass, unless:
(A) Bypass was unavoidable to prevent loss of life, personal injury or severe property
damage;
(B) There were no feasible alternatives to the bypass, such as the use of auxiliary treatment
facilities, retention of untreated wastes or maintenance during normal periods of
equipment downtime. This condition is not satisfied if adequate backup equipment should
have been installed in the exercise of reasonable engineering judgment to prevent a
bypass which occurred during normal periods of equipment downtime or preventive
maintenance; and
(C) The Permittee submitted notices as required under Paragraph b. of this section.
(2) Bypass from the collection system is prohibited and the Permit Issuing Authority may take
enforcement action against a Permittee for a bypass as provided in any current or future
system -wide collection system permit associated with the treatment facility.
(3) The Permit Issuing Authority may approve an anticipated bypass, after considering its
adverse effects, if the Permit Issuing Authority determines that it will meet the three
conditions listed above in Paragraph c. (1) of this section.
5. Upsets
a. Effect of an upset [40 CFR 122.41(n)(2)]: An upset constitutes an affirmative defense to an
action brought for noncompliance with such technology based permit effluent limitations if the
requirements of paragraph b. 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.
b. Conditions necessary for a demonstration of upset: Any Permittee who wishes to establish the
affirmative defense of upset shall demonstrate, through properly signed, contemporaneous
operating logs, or other relevant evidence that:
(1) An upset occurred and that the Permittee can identify the cause(s) of the upset;
(2) The Permittee facility was at the time being properly operated; and
(3) The Permittee submitted notice of the upset as required in Part II. E.6.(b) of this permit.
(4) The Permittee complied with any remedial measures required under Part II. B.2. of this
permit
c. Burden of proof [40 CFR 122.41(n)(4)]: The Permittee seeking to establish the occurrence of an
upset has the burden of proof in any enforcement proceeding.
6. Removed Substances
Solids, sludges, filter backwash, or other pollutants removed in the course of treatment or control of
wastewaters shall be utilized/disposed of in accordance with NCGS 143-215.1 and in a manner such
as to prevent any pollutant from such materials from entering waters of the State or navigable waters
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of the United States except as permitted by the Commission. The Permittee shall comply with all
applicable state and Federal regulations governing the disposal of sewage sludge, including 40 CFR
503, Standards for the Use and Disposal of Sewage Sludge; 40 CFR Part 258, Criteria For Municipal
Solid Waste Landfills; and 15A NCAC Subchapter 2T, Waste Not Discharged To Surface Waters.
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 15A NCAC 02H
.0124) to prevent the discharge of untreated or inadequately treated wastes during electrical power
failures either by means of alternate power sources, standby generators or retention of inadequately
treated effluent.
Section D. Monitoring and Records
1. Representative Sampling
Samples collected and measurements taken, as required herein, shall be representative of the
permitted discharge. Samples collected at a frequency less than daily shall be taken on a day and
time that is representative of the discharge for the period 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 [40
CFR 122.41(j)].
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 (MR 1, 1.1, 2, 3) or alternative
forms approved by the Director, postmarked no later than the last calendar day of the month
following the completed reporting period.
The first DMR is due on the last day of the month following the effective date on the Certificate of
Coverage issued with this 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:
NC DEQ / Division of Water Resources / Water Quality Permitting Section
ATTENTION: Central Files
1617 Mail Service Center
Raleigh, North Carolina 27699-1617
3. 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 is 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. Flow
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measurement devices shall be accurately calibrated at a minimum of once per year and maintained to
ensure that the accuracy of the measurements is consistent with the accepted capability of that type
of device. The Director shall approve the flow measurement device and monitoring location prior to
installation.
Once -through condenser cooling water flow 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
Laboratories used for sample analysis must be certified by the Division. Permittees should contact
the Division's Laboratory Certification Section (919 733-3908 or
http://portal.ncdenr.org/web/wq/lab/cert) for information regarding laboratory certifications.
Facilities whose personnel are conducting testing of field -certified parameters only must hold the
appropriate field parameter laboratory certifications.
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 CWA (as amended), and 40
CFR 136; or in the case of sludge use or disposal, approved under 40 CFR 136, unless otherwise
specified in 40 CFR 503, unless other test procedures have been specified in this permit [40 CFR
122.41].
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 CWA provides that any person who falsifies, tampers with, or knowingly renders inaccurate,
any monitoring device or method required to be maintained under this permit shall, upon conviction,
be punished by a fine of not more than $10,000 per violation, or by imprisonment for not more than
two years per violation, or by both. If a conviction of a person is for a violation committed after a
first conviction of such person under this paragraph, punishment is a fine of not more than $20,000
per day of violation, or by imprisonment of not more than 4 years, or both [40 CFR 122.41].
6. Records Retention
Except for records of monitoring information required by this permit related to the Permittee's
sewage sludge use and disposal activities, which shall be retained for a period of at least five years
(or longer as required by 40 CFR 503), the Permittee shall retain records of all monitoring
information, including:
all calibration and maintenance records
all original strip chart recordings for continuous monitoring instrumentation
copies of all reports required by this permit
copies of all data used to complete the application for this permit
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These records or copies shall be maintained 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 [40 CFR 122.41].
7. Recording Results
For each measurement or sample taken pursuant to the requirements of this permit, the Permittee
shall record the following information [40 CFR 122.41];
a. The date, exact place, and time of sampling or measurements;
b. The individual(s) who performed the sampling or measurements;
c. The date(s) analyses were performed;
d. The individual(s) who performed the analyses;
e. The analytical techniques or methods used; and
f. The results of such analyses.
8. Inspection and Entry
The Permittee shall allow the Director, or an authorized representative (including an authorized
contractor acting as a representative of the Director), upon the presentation of credentials and other
documents as may be required by law, to;
a. Enter, at reasonable times, 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 CWA, any substances or parameters at any location [40 CFR
122.41(i)].
Section E. Reporting Requirements
1. Change in Discharge
All discharges authorized herein shall be consistent with the terms and conditions of this permit. The
discharge of any pollutant identified in this permit more frequently than or at a level in excess of that
authorized shall constitute a violation of the permit.
2. Planned Changes
The Permittee shall give notice to the Director as soon as possible of any planned physical
alterations or additions to the permitted facility [40 CFR 122.41(1)]. Notice is required only when:
a. The alteration or addition to a permitted facility may meet one of the criteria for new sources at
40 CFR 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 subject neither to effluent limitations
in the permit, nor to notification requirements under 40 CFR 122.42(a)(1); or
c. The alteration or addition results in a significant change in the Permittee's sludge use or disposal
practices, and such alteration, addition or change may justify the application of permit conditions
that are different from or absent in the existing permit, including notification of additional use or
disposal sites not reported during the permit application process or not reported pursuant to an
approved land application plan.
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3. Anticipated Noncompliance
The Permittee shall give advance notice to the Director of any planned changes to the permitted
facility or other activities that might result in noncompliance with the permit [40 CFR 122.41(1)(2)].
4. Transfers
This permit is not transferable to any person without prior written notice to and approval from the
Director in accordance with 40 CFR 122.61. The Director may condition approval in accordance
with NCGS 143-215.1, in particular NCGS 143-215.1(b)(4)b.2., and may require modification or
revocation and reissuance of the permit, or a minor modification, to identify the new permittee and
incorporate such other requirements as may be necessary under the CWA [40 CFR 122.41(1)(3),
122.61] or state statute.
5. Monitoring Reports
Monitoring results shall be reported at the intervals specified elsewhere in this permit [40 CFR
122.41(1)(4)].
a. Monitoring results must be reported on a Discharge Monitoring Report (DMR) (See Part II.D.2)
or forms provided by the Director for reporting results of monitoring of sludge use or disposal
practices.
b. If the Permittee monitors any pollutant more frequently than required by this permit using test
procedures approved under 40 CFR Part 136 and at a sampling location specified in this permit
or other appropriate instrument governing the discharge, the results of such monitoring shall be
included in the calculation and reporting of the data submitted on the DMR.
6. Twenty-four Hour Reporting
a. The Permittee shall report to the Director or the appropriate Regional Office any noncompliance
that potentially threatens public 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 [40 CFR 122.41(1)(6)].
b. The Director may waive the written report on a case -by -case basis for reports under this section
if the oral report has been received within 24 hours.
c. Occurrences outside normal business hours may also be reported to the Division's Emergency
Response personnel at (800) 662-7956, (800) 858-0368 or (919) 733-3300.
7. 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 [40 CFR 122.41(1)(7)].
8. Other Information
Where the Permittee becomes aware that it failed to submit any relevant facts in a permit
application, or submitted incorrect information in a permit application or in any report to the
Director, it shall promptly submit such facts or information [40 CFR 122.41(1)(8)].
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:
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a. Any occurrence at the water pollution control facility which results in the discharge of significant
amounts ofwasteswhich 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 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 within 5 days
following first knowledge of the occurrence. Also see reporting requirements for municipalities in
Part IV.C.2.c. of this permit.
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. 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 CWA 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 $25,000 per violation, or by imprisonment for not
more than two years per violation, or by both [40 CFR 122.41].
12. Annual Performance Reports
Permittees who own or operate facilities that primarily collect or treat municipal or domestic
wastewater and have an average annual flow greater than 200,000 gallons per day shall provide an
annual report to the Permit Issuing Authority and to the users/customers served by the Permittee
(NCGS 143-215.1C). The report shall summarize the performance of the collection or treatment
system, as well as the extent to which the facility was compliant with applicable Federal or State
laws, regulations and rules pertaining to water quality. The report shall be provided no later than
sixty days after the end of the calendar or fiscal year, depending upon which annual period is used
for evaluation.
The report shall be sent to:
NC DEQ / Division of Water Resources / Water Quality Permitting Section
ATTENTION: Central Files
1617 Mail Service Center
Raleigh, North Carolina 27699-1617
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PART III.
OTHER REQUIREMENTS
Section A. Construction
a. The Permittee shall not commence construction of wastewater treatment facilities, nor add to the
plant's treatment capacity, nor change the treatment process(es) utilized at the treatment plant unless
(1) the Division has issued an Authorization to Construct (AtC) permit or (2) the Permittee is
exempted from such AtC permit requirements under Item b. of this Section.
b. In accordance with NCGS 143-215.1(a5) [SL 2011-394], no permit shall be required to enter into a
contract for the construction, installation, or alteration of any treatment work or disposal system or to
construct, install, or alter any treatment works or disposal system within the State when the system's
or work's principle function is to conduct, treat, equalize, neutralize, stabilize, recycle, or dispose of
industrial waste or sewage from an industrial facility and the discharge of the industrial waste or
sewage is authorized under a permit issued for the discharge of the industrial waste or sewage into
the waters of the State. Notwithstanding the above, the permit issued for the discharge may be
modified if required by federal regulation.
c. Issuance of an AtC will not occur until Final Plans and Specifications for the proposed construction
have been submitted by the Permittee and approved by the Division.
Section B. Groundwater Monitoring
The Permittee shall, upon written notice from the Director, conduct groundwater monitoring as may be
required to determine the compliance of this NPDES permitted facility with the current groundwater
standards.
Section 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 (40
CFR 122.42):
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 µg/L);
2) Two hundred micrograms per liter (200 µg/L) for acrolein and acrylonitrile; five hundred
micrograms per liter (500 µg/L) for 2,4-dinitrophenol and for 2-methyl-4,6-dinitrophenol; and
one milligram per liter (1 mg/L) for antimony;
3) Five 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 µg/L);
2) One milligram per liter (1 mg/L) for antimony;
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3) Ten times the maximum concentration value reported for that pollutant in the permit
application.
Section D. Facility Closure Requirements
The Permittee must notify the Division at least 90 days prior to the closure of any wastewater treatment
system covered by this permit. The Division may require specific measures during deactivation of the
system to prevent adverse impacts to waters of the State. This permit cannot be rescinded while any
activities requiring this permit continue at the permitted facility.
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