NC0021857_Permit (Issuance)_20210605

DocuSign Envelope ID:FCB33A52-29C1-4C5E-95D7-9DC43C3E44BB
0.STATE co
ROY COOPER 4 e
Governor i
DIONNE DELLI-GATTI
Secretary "®rp N►+
S.DANIEL SMITH NORTH CAROLINA
Director Environmental Quality
Keith Hoilman 6/5/2021
Town of Newland
620 Meadow Ave
Banner Elk, N.C. 28604
Subject: Issuance of NPDES Permit
Permit Number NC0021857
Newland WWTP
Grade II Biological WPCS
[15A NCAC 08G .0306]
Avery County
Dear Mr. Hoilman,
Division personnel have reviewed and approved your application for renewal of the
subject permit. Accordingly, we are forwarding the attached NPDES discharge permit. This
permit is issued pursuant to the requirements of North Carolina General Statute 143-215.1 and
the Memorandum of Agreement between North Carolina and the U.S. Environmental Protection
Agency dated October 15, 2007 (or as subsequently amended).
This final permit includes no major changes from the draft permit sent to you on
March 22, 2021.
This permit contains the following changes from the previous permit:
➢ Added facility classification above effluent tables
➢ Updated footnote 1 in Section A. (1.): The permittee shall report discharge monitoring
data electronically using the NC DWR's Electronic Discharge Monitoring Report
(eDMR) interne application. See Special Condition A. (3.)
➢ Ammonia Nitrogen(NH3-N) Limits and Monitoring—In the current permit you monitor 1
weekly for NH3-N and have and have effluent limits in place for summer and winter
months. Your previous Winter ammonia limits for Phase I were a weekly average of 35
mg/L and a monthly average of 17 mg/L. Recent review by Division staff has noted that
15A NCAC 2B .0404(c) requires that winter waste load allocations for oxygen
consuming waste be no less stringent than 2 times the summer waste load limit. To meet
this rule requirement, winter limits for NH3-N must also be adjusted in the permit. The
new winter ammonia limits based on current EPA criteria are 35.0 mg/L weekly average
and 12.0 mg/L monthly average. Likewise, Phase II winter limits have been adjusted to
22.8 mg/L weekly average and 7.6 mg/L monthly average.
➢ Updated Special Condition A. (3.) for electronic reporting of monitoring reports
If any parts, measurement frequencies or sampling requirements contained in this permit
are unacceptable to you, you have the right to an adjudicatory hearing upon written request
within thirty (30) days following receipt of this letter. This request must be in the form of a
D—� .j 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
H CAR(KINA 01
ogr�wn+ .�..r ou.wr� � 919.707.9000

DocuSign Envelope ID:FCB33A52-29C1-4C5E-98D7-9DC43C3E44BB
written petition, conforming to Chapter 150B of the North Carolina General Statutes, and filed
with the Office of Administrative Hearings(6714 Mail Service Center, Raleigh,North Carolina
27699-6714). Unless such demand is made, this decision shall be final and binding.
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 any other Federal, State, or Local governmental
permit that may be required. If you have any questions concerning this permit, please contact
Emily DelDuco at emily.delduco(c0cdenr.gov or at the number listed below.
Sincerely,
DocuSigned by:
8328B44CE9EB4A1...
S. Daniel Smith
Director
cc: NPDES files
ec: Asheville Regional Office
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DocuSign Envelope ID:FCB33A52-29C1-4C5E-98D7-9DC43C3E44BB
NPDES Permit NC0021857
STATE OF NORTH CAROLINA
DEPARTMENT OF ENVIRONMENTAL QUALITY
DIVISION OF WATER RESOURCES
PERMIT
TO DISCHARGE WASTEWATER 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 Newland
is hereby authorized to discharge wastewater from a facility located at the
Newland WWTP
Cow Camp Road
Newland
Avery County
to receiving waters designated as the North Toe River in the French Broad River Basin, in accordance
with effluent limitations, monitoring requirements, and other conditions set forth in Parts I, II, III and
IV hereof
This permit shall become effective July 1, 2021
This permit and authorization to discharge shall expire at midnight on February 28, 2026.
Signed this day June 5, 2021
DocuSigned by:
8328B44CE9EB4A1...
S. Daniel Smith, Director
Division of Water Resources
By Authority of the Environmental Management Commission
Page 1 of 7

DocuSign Envelope ID:FCB33A52-29C1-4C5E-98D7-9DC43C3E44BB
NPDES Permit NC0021857
SUPPLEMENT TO PERMIT COVER SHEET
All previous NPDES Permits issued to this facility, whether for operation or discharge are hereby
revoked, and as of this issuance, any previously issued permit bearing this number is no longer
effective. Therefore, the exclusive authority to operate and discharge from this facility arises under the
permit conditions, requirements,terms, and provisions included herein.
Town of Newland
is hereby authorized to:
1. continue to operate an existing 0.600 MGD wastewater treatment facility with the following
components;
• influent pump station [dual(2)pumps with high/low monitoring; float backup with dialer]
• headworks with comminutor and manual bar screen
• 10-inch force main to the WWTP
• flow distribution box
• influent flow meter
• dual (2)oxidation ditches(40 ft x 125 ft x 12 ft SWD each) with rotary aerators
• dual (2) secondary clarifiers(42 ft ID x 12 ft SWD)
• RAS pump station with dual (2) submersible pumps and dual (2) high-water alarms
• dual (2) aerobic digesters (55 ft dia x 11 ft SWD)
• supernatant pump station with dual (2) submersible pumps
• ultraviolet(UV) disinfection system
• Parshall flume with ultrasonic flow measurement;totalizing chart recorder
• one (1)backup generator with automatic transfer switch
• one(1)portable generator
located West of the Town of Newland WWTP on Cow Camp Road in Avery County,
2. discharge from said treatment works via Outfall 001, at the location specified on the attached map,
into the North Toe River [stream segment 7-2-(0.5)], a waterbody classified WS-IV; Trout located
within Subbasin 04-03-06 [HUC: 060101080101] of the French Broad River Basin.
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DocuSign Envelope ID:FCB33A52-29C1-4C5E-9807-9DC43C3E44BB
NPDES Permit NC0021857
PART I
A. (1) EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS—0.320 MGD
[15A NCAC 02B .0400 et seq., 02B .0500 et seq.]
Grade II Biological Water Pollution Control System [15A NCAC 08G .0302]
Beginning on the effective date of this permit and lasting until annual flows average 80%of 0.320 MGD
[0.0256 MGD] or period expiration, the Permittee is authorized to discharge from Outfall 001. Such
discharges shall be limited, monitored and reported' by the Permittee as specified below:
PARAMETER LIMITS MONITORING REQUIREMENTS
[Parameter Codes]
Monthly Weekly Daily Measurement Sample Sample
Average Average Maximum Frequency Type Location
Flow(MGD) 50050 0.320 MGD Continuous Recording went or
Effluent
InC0310 30.0 mg/L 45.0 mg/L WeeklyComposite fluent&
BOD 5-day,20°C(mg/L)2g/ Effluent
Total Suspended Solids(mg/L)2 C0530 30.0 mg/L 45.0 mg/L Weekly Composite Influent&
Effluent
NH3-N(mg/L) C0610 6.0 mg/L 18.0 mg/L Weekly Composite Effluent
(April 1-October 31)
NH3-N(mg/L) C0610 12.0 mg/L 35.0 mg/L Weekly Composite Effluent
(November 1-March 31)
Fecal Coliform(#/100m1)3 31616 200/100 mL 400/100 mL Weekly Grab Effluent
Total Residual Chlorine(µg/L)4 50060 28 µg/L 2/Week Grab Effluent
pH 00400 >6.0 and<9.0 standard units Weekly Grab Effluent
Temperature(°C) 00010 I Weekly Grab Effluent
Total Nitrogen(TN)(mg/L) 00600 Monitor&Report Semi-Annually Composite Effluent
TN=TKN+(NO2-N+NO3-N)
Total Phosphorus(mg/L) 00665 Monitor&Report Semi-Annually Composite Effluent
Total Mercury 5 COMER Monitor&Report Once per Grab Effluent
permit cycle
Footnotes:
1. The permittee shall submit Discharge Monitoring Reports electronically using NC DWR's eDMR system
[see A. (3.)].
2. The monthly average effluent BOD5 and Total Suspended Solids concentrations shall not exceed 15%of the
respective influent value(i.e., 85%removal is required).
3. Fecal Coliform shall be calculated using the geometric mean, according to the procedure detailed in Part II.
Section A.
4. Limit and monitoring requirements apply only if chlorine is used for disinfection. 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. Low level mercury analysis using EPA Method 1631E for all effluent mercury sampling is required.
Conditions:
• There shall be no discharge of floating solids or foam visible in other than trace amounts.
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DocuSign Envelope ID:FCB33A52-29C1-4C5E-98D7-9DC43C3E44BB
NPDES Permit NC0021857
A. (2) EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS
[15A NCAC 02B .0400 et seq., 02B .0500 et seq.]
Grade III Biological Water Pollution Control System [15A NCAC 08G .0302]
Beginning upon expansion above 0.320 MGD and lasting until permit expiration, the Permittee is
authorized to discharge from Outfall 001. Such discharges shall be limited, monitored and reported'
by the Permittee as specified below:
PARAMETER LIMITS MONITORING REQUIREMENTS
[Parameter Codes]
Monthly Weekly Daily Measurement Sample Sample
Average Average Maximum Frequency Type Location
Flow(MGD) 50050 0.600 MD Continuous Recordin Influent or
G g Effluent
C0310 30.0 mg/L 45.0 mg/L 3/Week Composite
Influent&
BOD 5-day,20°C(mg/L)2p° Effluent
Total Suspended Solids(mg/L)2 C0530 30.0 mg/L 45.0 mg/L 3/Week Composite Influent&
Effluent
NH3-N(mg/L) C0610 3.8 mg/L 1 1.4 mg/L 3/Week Composite Effluent
(April 1-October 31)
(mg 1-March 7.6 mg/L 22.8 mg/L 3/Week Composite Effluent
(November 1-March 31)
Fecal Coliform(#/100m1)3 31616 200/100 mL 400/100 mL 3/Week Grab Effluent
Total Residual Chlorine(µg/L)4 50060 28 µg/L 3/Week Grab Effluent
pH 00400 >6.0 and<9.0 standard units 3/Week Grab Effluent
Dissolved Oxygen(DO)(mg/L) 00300 Monitor&Report 3/Week Grab Effluent
Temperature(°C) 00010 Monitor&Report 3/Week Grab Effluent
Total Nitrogen(TN)(mg/L) 00600 Monitor&Report Quarterly Composite Effluent
TN=Tl(N+(NOZ-N+NO3-N)
Total Phosphorus(mg/L) 00665 Monitor&Report Quarterly Composite Effluent
Total Mercury 5 COMER Monitor&Report Once per Grab Effluent
permit cycle
Footnotes:
1. The permittee shall submit Discharge Monitoring Reports electronically using NC DWR's eDMR system
[see A. (3.)].
2. The monthly average effluent BOD5 and Total Suspended Solids concentrations shall not exceed 15%of the
respective influent value(i.e., 85%removal is required).
3. Fecal Coliform shall be calculated using the geometric mean, according to the procedure detailed in Part II.
Section A.
4. Limit and monitoring requirements apply only if chlorine is used for disinfection. 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. Low level mercury analysis using EPA Method 1631E for all effluent mercury sampling is required.
Conditions:
• There shall be no discharge of floating solids or foam visible in other than trace amounts.
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DocuSign Envelope ID:FCB33A52-29C1-4C5E-98D7-9DC43C3E44BB
NPDES Permit NC0021857
A. (3) ELECTRONIC REPORTING OF DISCHARGE MONITORING REPORTS
[G.S. 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)l
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. The eDMR system may be
accessed at: https://deq.nc.gov/about/divisions/water-resources/edmr.
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 following address:
NC DEQ / Division of Water Resources/Water Quality Permitting Section
ATTENTION: Central Files
1617 Mail Service Center
Raleigh, North Carolina 27699-1617
See "How to Request a Waiver from Electronic Reporting" section below.
Regardless of the submission method, 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, 2025, 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.
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DocuSign Envelope ID:FCB33A52-29C1-4C5E-98D7-9DC43C3E44BB
NPDES Permit NC0021857
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
In accordance with 40 CFR 122.41(l)(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
P �
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
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NPDES Permit NC0021857
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:
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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DocuSign Envelope ID:FCB33A52-29C1-4C5E-98D7-9DC43C3E44BB
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Town of Newland Facility Location
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Location l v ignin '•�i:;
Cow Camp Road, Newland Scale 1-24,000 If
74
Receiving Stream: North Toe River Stream Class: WS-V;Tr
Stream Segment: 7-2-(0.5) Sub-Basin: 04-03-06
Drainage Basin: French Broad HUC: 060101080101 NPDES Permit NC0021857
Latitude: 36°05'20" Longitude: 82°56'29" North
Avery County
State Grid/CSGS Ouad: CIISW/Newland,NC
I

DocuSign Envelope ID:FCB33A52-29C1-4C5E-98D7-9DC43C3E44BB
NPDES Permit Standard Conditions
Page 1 of 18
PART II
STANDARD CONDITIONS FOR NPDES PERMITS
Section A. Definitions
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:
(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
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NPDES Permit Standard Conditions
Page 2 of 18
(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).
DWR or"the Division"
The Division of Water Resources,Department of Environmental Quality.
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).
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NPDES Permit Standard Conditions
Page 3 of 18
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.
Quarterly Average(concentration limit)
The arithmetic mean of all samples taken over a calendar quarter.
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
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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 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 ll.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 Pennittee 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;
(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]
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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 certi, 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;
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).
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