HomeMy WebLinkAboutNC0004308_Other Agency Documents_20210301
March 1, 2021
MEMORANDUM
To: Joy Hickis, Senior Director of Government Affairs, NC DEQ
Through: Julie Grzyb, Deputy Director, Division of Water Resources
Through: John Hennessy, Supervisor, Compliance & Expediated Permitting Unit
From: Derek Denard, Environmental Specialist I, Compliance & Expediated Permitting Unit
Subject: Badin Business Park LLC
Permit No. NC0004308
Stanly County
1) Who currently owns Badin Business Park?
The legal entity is Badin Business Park LLC. Alcoa USA Corporation is listed as the
company official and the certifier on the Secretary of State, Business Registration
Division’s Limited Liability Company Annual Report. [See Attachment A: BBP LLC
Annual Report 2020 from the NC Department of State]
2) What is the total number of penalties assessed? The draft press release I have has stipulated
penalties of $5k and fines of $2300. Are there more historically?
There is a total of $10,048.37 penalties listed in our database. There are presently
$2,328.80 in outstanding penalties.[See Attachment B: NC0004308 Enforcement
History]
3) What is the total compliance history of this site/facility?
See Attachment C: NC0004308 Proceed to Enforcement_NOV_NOD_Other_MR
Violations Export.
4) What is the long-term goal of clean up and use of this site?
For the Division of Water Resources, the long-term goal for Badin Business Park LLC
would be compliance with NPDES permit NC0004308. Clean-up and management of the
site is under purview of the Division of Waste Management.
5) What is the frequency of testing and monitoring for compliance?
Monitoring frequency depends on the Outfall and the parameter being monitored. For
NPDES permit NC004308 monitoring is annually, semi-annually, quarterly, and monthly
for various parameters. [See Attachment D: NC0004308 Permit Limits Page]
6) What is the history of testing and monitoring?
Since January 1, 1994, the facility has reported greater than 23,000 data points for
19 effluent locations (Outfalls) and 4 instream locations. Monitoring requirements
are dependent on the permit version within the timeframe the samples were taken.
The monitoring parameters include the following [See Attachment E_NC0004308
DMR Parameter Data Summary 1994_2020]:
Temperature
Turbidity
Rainfall duration
Chemical Oxygen Demand (COD)
pH
Total Suspended Solids (TSS)
Settleable Solids
Oil & Grease
Total Cyanide
Total Sulfate
Total Fluoride
Total Nickel
Total Antimony
Total Aluminum
Total Recoverable Phenolics
Benzo(A)pyrene
Trichloroethylene
Rainfall
Flow
Total Residual Chlorine (TRC)
Annual Pollutant Scan [126 parameters]
Toxicity tests conducted were for the following [See Attachment F: Whole
Effluent Toxicity Testing Self-Mentoring Summary_Nov-2020]:
LC50 Static 24hr Acute Pimephales
Pass/Fail Static 24hr Acute Ceriodaphnia Dubia
Pass/Fail Static 24hr Acute Pimephales
Pass/Fail Static Renewal 7Day Chronic Ceriodaphnia
CHV STATRE 7Day Chronic Ceriodaphnia
Please see Attachment G for copy of the current permit issued July 2, 2019.
Attachment A
BBP LLC Annual Report 2020 from the
NC Department of State
Attachment B
NC0004308 Enforcement History
Attachment C:
NC0004308 Proceed to
Enforcement_NOV_NOD_Other_MR
Violations Export
Attachment D
NC0004308 Permit Limits Page
Attachment E
NC0004308 DMR Parameter Data Summary
1994_2020
Attachment F
Whole Effluent Toxicity Testing
Self-Mentoring Summary Nov-2020
Attachment G
NPDES Permit NC0004308
LIMITED LIABILITY COMPANY ANNUAL REPORT
10/2017
NAME OF LIMITED LIABILITY COMPANY:
Badin Business Park LLC
•
SECRETARY OF STATE ID NUMBER: 1539902
REPORT FOR THE CALENDAR YEAR: 2020
SECTION A: REGISTERED AGENT'S INFORMATION
STATE OF FORMATION: DE
1. NAME OF REGISTERED AGENT: CT Corporation System
Filing Office Use Only
E - Filed Annual Report
1539902
CA202006701273
3/7/2020 06:30
nChanges
2. SIGNATURE OF THE NEW REGISTERED AGENT:
SIGNATURE CONSTITUTES CONSENT TO THE APPOINTMENT
3. REGISTERED AGENT OFFICE STREET ADDRESS & COUNTY 4. REGISTERED AGENT OFFICE MAILING ADDRESS
150 Fayetteville St., 1011 150 Fayetteville St., 1011
Raleigh, NC 27601-2957 Wake County Raleigh, NC 27601-2957
SECTION B: PRINCIPAL OFFICE INFORMATION
1. DESCRIPTION OF NATURE OF BUSINESS:
Manage and divest real and personal property assets located in Badin
2. PRINCIPAL OFFICE PHONE NUMBER: (877) 858-3855 x
3. PRINCIPAL OFFICE EMAIL: Privacy Redaction
4. PRINCIPAL OFFICE STREET ADDRESS 5. PRINCIPAL OFFICE MAILING ADDRESS
201 Isabella Street; Suite 500 201 Isabella Street; Suite 500
Pittsburgh, PA 15212
Pittsburgh, PA 15212
6. Select one of the following if applicable. (Optional see instructions)
The company is a veteran -owned small business
The company is a service -disabled veteran -owned small business
SECTION C: COMPANY OFFICIALS (Enter additional company officials in Section E.)
NAME: Alcoa USA Corp.
TITLE: Member
NAME:
TITLE:
ADDRESS: ADDRESS:
201 Isabella Street; Suite 500
Pittsburgh, PA 15212
NAME:
TITLE:
ADDRESS:
SECTION D: CERTIFICATION OF ANNUAL REPORT. Section D must be completed in its entirety by a person/business entity.
Alcoa USA Corp., by Adam Steimel POA 3/7/2020
SIGNATURE DATE
Form must be signed by a Company Official listed under Section C of This form.
Alcoa USA Corp., by Adam Steimel POA Member
Print or Type Name of Company Official Print or Type Title of Company Official
This Annual Report has been filed electronically.
MAIL TO: Secretary of State, Business Registration Division, Post Office Box 29525, Raleigh, NC 27626-0525
Permit Enforcement History by Permit
NC0004308
Mooresville
Badin Business Park
Stanly
Badin Business Park LLCPermit:Facility:
County:
Owner:
Region:
Case
Penalty
Assessment
Approved
Penalty
Amount
Enforcement
Costs Damages
Remission
Request
Received
Enforcement
Conference
Held
EMC
Hearing
Held
Collection
Memo Sent
To AGO Balance Due
Case
Closed
Has
Payment
PlanTotal Paid
LR-1990-0293 06/25/90 $150.00 $0.00 $0.00 $0.00 07/24/90No$150.00
LV-1995-0025 01/01/95 01/05/95No
TX-2000-0007 04/12/00 $2,000.00 $97.77 $0.00 05/05/00No$2,097.77
LV-2010-0388 11/22/10 $200.00 $85.06 $0.00 12/29/10No$285.06
LV-2011-0017 01/14/11 $100.00 $86.74 $0.00 02/09/11No$186.74
SP-2019-0002 08/12/19 $5,000.00 $0.00 $0.00 $0.00 11/27/19No$5,000.00
LM-2020-0036 09/22/20 $750.00 $115.76 11/02/20 $865.76 No
LV-2020-0274 09/22/20 $250.00 $115.76 11/02/20 $365.76 No
LV-2020-0275 09/22/20 $250.00 $115.76 11/02/20 $365.76 No
LV-2020-0276 09/22/20 $250.00 $115.76 11/02/20 $365.76 No
LV-2020-0293 10/12/20 $250.00 $115.76 11/02/20 $365.76 No
11 $9,200.00 $848.37 $7,719.57 $2,328.80Total Cases:
Total Penalties after
remission(s):
Total Penalties:$10,048.37$10,048.37
MRs Between and Violation Category:Program Category:
Param Name County:Subbasin:%Violation Action:
Major Minor:%
Permit:
Facility Name:
Region:--NC0004308
%%
%
%
%%
Proceed to Enforcement Case
1 1980 2 2021
MONITORING REPORT(MR) VIOLATIONS for:02/26/21Report Date:1Page:of 1
PERMIT:NC0004308 FACILITY:Badin Business Park LLC - Badin Business Park COUNTY:Stanly REGION:Mooresville
%
Over
UNIT OF
MEASURE VIOLATION ACTIONVIOLATION TYPECALCULATED
VALUELIMITFREQUENCYVIOLATION
DATEPARAMETERLOCATIONMONITORING
REPORT
Limit Violation
OUTFALL
03 - 2020 005 Effluent Cyanide, Total (as Cn)03/31/20 Monthly Monthly Average
Exceeded
Proceed to
Enforcement Case
325ug/l 540
07 - 2020 005 Effluent Cyanide, Total (as Cn)07/31/20 Monthly Monthly Average
Exceeded
Proceed to
Enforcement Case
9.135ug/l 82.7
11 - 2019 005 Effluent Fluoride, Total (as F)11/30/19 Monthly Monthly Average
Exceeded
Proceed to
Enforcement Case
2.031.8mg/l 13.0
03 - 2020 005 Effluent Fluoride, Total (as F)03/31/20 Monthly Monthly Average
Exceeded
Proceed to
Enforcement Case
2.021.8mg/l 12.5
06 - 2020 005 Effluent Fluoride, Total (as F)06/30/20 Monthly Monthly Average
Exceeded
Proceed to
Enforcement Case
2.21.8mg/l 22.2
07 - 2020 005 Effluent Fluoride, Total (as F)07/31/20 Monthly Monthly Average
Exceeded
Proceed to
Enforcement Case
2.11.8mg/l 16.7
08 - 2020 005 Effluent Fluoride, Total (as F)08/31/20 Monthly Monthly Average
Exceeded
Proceed to
Enforcement Case
2.31.8mg/l 27.8
03 - 2020 013 Effluent Cyanide, Total (as Cn)03/31/20 Monthly Monthly Average
Exceeded
Proceed to
Enforcement Case
165ug/l 220
08 - 2010 013 Effluent Fluoride, Total (as F)08/07/10 2 X month Weekly Average
Exceeded
Proceed to
Enforcement Case
4.551.8mg/l 152.8
08 - 2010 013 Effluent Fluoride, Total (as F)08/21/10 2 X month Weekly Average
Exceeded
Proceed to
Enforcement Case
3.91.8mg/l 116.7
10 - 2010 013 Effluent Fluoride, Total (as F)10/02/10 2 X month Weekly Average
Exceeded
Proceed to
Enforcement Case
3.71.8mg/l 105.6
MRs Between and Violation Category:Program Category:
Param Name County:Subbasin:%Violation Action:
Major Minor:%
Permit:
Facility Name:
Region:--NC0004308
%%
%
%
%%
Proceed to NOV
1 1980 2 2021
MONITORING REPORT(MR) VIOLATIONS for:02/26/21Report Date:1Page:of 2
PERMIT:NC0004308 FACILITY:Badin Business Park LLC - Badin Business Park COUNTY:Stanly REGION:Mooresville
%
Over
UNIT OF
MEASURE VIOLATION ACTIONVIOLATION TYPECALCULATED
VALUELIMITFREQUENCYVIOLATION
DATEPARAMETERLOCATIONMONITORING
REPORT
Limit Violation
OUTFALL
08 - 2019 005 Effluent Fluoride, Total (as F)08/31/19 Monthly Monthly Average
Exceeded
Proceed to NOV21.8mg/l 11.1
12 - 2012 005 Effluent pH 12/17/12 2 X month Daily Maximum
Exceeded
Proceed to NOV10.19su 12.2
02 - 2010 011 Effluent Cyanide, Total (as Cn)02/22/10 Quarterly Daily Maximum
Exceeded
Proceed to NOV17046.6ug/l 264.8
11 - 2013 011 Effluent Cyanide, Total (as Cn)11/27/13 Quarterly Daily Maximum
Exceeded
Proceed to NOV7946.6ug/l 69.5
09 - 2016 011 Effluent Cyanide, Total (as Cn)09/26/16 Quarterly Daily Maximum
Exceeded
Proceed to NOV8046.6ug/l 71.7
12 - 2012 011 Effluent pH 12/26/12 Quarterly Daily Maximum
Exceeded
Proceed to NOV9.89su 8.9
05 - 2003 012 Effluent Cyanide, Total (as Cn)05/20/03 2 X month Daily Maximum
Exceeded
Proceed to NOV470434ug/l 8.3
11 - 2016 012 Effluent Cyanide, Total (as Cn)11/24/16 2 X month Daily Maximum
Exceeded
Proceed to NOV870434ug/l 100.5
12 - 2018 012 Effluent Solids, Total Suspended -
Concentration
12/27/18 2 X month Daily Maximum
Exceeded
Proceed to NOV14060mg/l 133.3
12 - 2018 012 Effluent Solids, Total Suspended -
Concentration
12/31/18 2 X month Monthly Average
Exceeded
Proceed to NOV74.430mg/l 148
08 - 2019 013 Effluent Cyanide, Total (as Cn)08/31/19 Monthly Monthly Average
Exceeded
Proceed to NOV95ug/l 80
07 - 2011 013 Effluent Fluoride, Total (as F)07/16/11 2 X month Weekly Average
Exceeded
Proceed to NOV3.581.8mg/l 98.6
07 - 2011 013 Effluent Fluoride, Total (as F)07/30/11 2 X month Weekly Average
Exceeded
Proceed to NOV4.951.8mg/l 175.0
04 - 2018 013 Effluent Fluoride, Total (as F)04/21/18 2 X month Weekly Average
Exceeded
Proceed to NOV2.41.8mg/l 33.3
%
Over
UNIT OF
MEASURE VIOLATION ACTIONVIOLATION TYPECALCULATED
VALUELIMITFREQUENCYVIOLATION
DATEPARAMETERLOCATIONMONITORING
REPORT
Monitoring Violation
OUTFALL
MRs Between and Violation Category:Program Category:
Param Name County:Subbasin:%Violation Action:
Major Minor:%
Permit:
Facility Name:
Region:--NC0004308
%%
%
%
%%
Proceed to NOV
1 1980 2 2021
MONITORING REPORT(MR) VIOLATIONS for:02/26/21Report Date:2Page:of 2
PERMIT:NC0004308 FACILITY:Badin Business Park LLC - Badin Business Park COUNTY:Stanly REGION:Mooresville
%
Over
UNIT OF
MEASURE VIOLATION ACTIONVIOLATION TYPECALCULATED
VALUELIMITFREQUENCYVIOLATION
DATEPARAMETERLOCATIONMONITORING
REPORT
Monitoring Violation
OUTFALL
08 - 2019 013 Effluent pH 08/31/19 Monthly Frequency Violation Proceed to NOVsu
%
Over
UNIT OF
MEASURE VIOLATION ACTIONVIOLATION TYPECALCULATED
VALUELIMITFREQUENCYVIOLATION
DATEPARAMETERLOCATIONMONITORING
REPORT
Other Violation
OUTFALL
11 - 2012 11/26/12 Aquatic toxicity permit
limit violation
Proceed to NOV
02 - 2013 02/04/13 Aquatic toxicity permit
limit violation
Proceed to NOV
MRs Between and Violation Category:Program Category:
Param Name County:Subbasin:%Violation Action:
Major Minor:%
Permit:
Facility Name:
Region:--NC0004308
%%
%
%
%%
Proceed to NOD
1 1980 2 2021
MONITORING REPORT(MR) VIOLATIONS for:02/26/21Report Date:1Page:of 1
PERMIT:NC0004308 FACILITY:Badin Business Park LLC - Badin Business Park COUNTY:Stanly REGION:Mooresville
%
Over
UNIT OF
MEASURE VIOLATION ACTIONVIOLATION TYPECALCULATED
VALUELIMITFREQUENCYVIOLATION
DATEPARAMETERLOCATIONMONITORING
REPORT
Limit Violation
OUTFALL
12 - 2019 005 Effluent Chlorine, Total Residual 12/20/19 Monthly Daily Maximum
Exceeded
Proceed to NOD2017ug/l 17.6
Permit:NC0004308
Facility Name:%
Region:%
County:%
Violations Category: Other Violations Program Category:%
Violation Action:%
OTHER VIOLATIONS for:02/26/21Report Date:
PERMIT:NC0004308 FACILITY:Badin Business Park LLC - Badin Business Park COUNTY:Stanly REGION:Mooresville
Other Violation
VIOLATION
DATE VIOLATION TYPE VIOLATION ACTION OPERATOR NAME CERT NUMBER ORC CLASS PERMIT CLASS
1/1/90 Conversion violation - Other Cat Proceed to Enforcement Case
1/1/95 Conversion violation - Other Cat Proceed to Enforcement Case
1/1/00 Conversion violation - Other Cat Proceed to Enforcement Case
11/26/12 Aquatic toxicity permit limit violation Proceed to NOV
2/4/13 Aquatic toxicity permit limit violation Proceed to NOV
7/31/19 Failure to achieve compliance with final effluent limitations at final compliancProceed to Enforcement Case
1
Permit Number: NC0004308
Permit Version : 3.00
Permit Effective Date : 08/01/2019
Permit Expiration Date : 10/31/2022
Outfall Effluent Characteristics Parameter
Code
Monthly
Average
Daily
Max
Daily
Min
Unit of
Measure
Measurment
Frequency
Sample Type Sample
Location
Mandatory Year
Round
002 Aluminum, Total (as Al) 01105 mg/l Semi-annually Grab E, Y Y
002 Cyanide, Total (as Cn) 00720 mg/l Semi-annually Grab E, Y Y
002 Fluoride, Total (as F) 00951 mg/l Semi-annually Grab E, N Y
002 Oxygen Demand, Chem. (High Level) (COD) 00340 mg/l Semi-annually Grab E, Y Y
002 Rainfall 46529 inches Semi-annually Grab E, Y Y
002 Solids, Total Suspended - Concentration CO530 mg/l Semi-annually Grab E, N Y
004 Aluminum, Total (as Al) 01105 mg/l Semi-annually Grab E, Y Y
004 Cyanide, Total (as Cn) 00720 mg/l Semi-annually Grab E, Y Y
004 Fluoride, Total (as F) 00951 mg/l Semi-annually Grab E, N Y
004 Oxygen Demand, Chem. (High Level) (COD) 00340 mg/l Semi-annually Grab E, Y Y
004 Rainfall 46529 inches Semi-annually Grab E, Y Y
004 Solids, Total Suspended - Concentration CO530 mg/l Semi-annually Grab E, N Y
005 Aluminum, Total (as Al) 01105 ug/l Quarterly Composite E, N Y
005 Chlorine, Total Residual 50060 17 ug/l Monthly Grab E, N Y
005 Cyanide, Total (as Cn) 00720 5 46.6 ug/l Monthly Grab E, N Y
005 Flow, in conduit or thru treatment plant 50050 mgd Monthly Instantaneous E, N Y
005 Fluoride, Total (as F) 00951 1.8 24 mg/l Monthly Composite E, N Y
005 pH 00400 9 6 su Monthly Grab E, N Y
005 Pass/Fail Static 24hr Acute Pimephales TGE6C pass/fail Quarterly Composite E, Y Y
005 Solids, Total Suspended - Concentration CO530 mg/l Quarterly Composite E, N Y
011 Aluminum, Total (as Al) 01105 ug/l Quarterly Grab E, Y Y
011 Cyanide, Total (as Cn) 00720 46.6 ug/l Monthly Grab E, N Y
011 Flow, in conduit or thru treatment plant 50050 mgd Monthly Instantaneous E, Y Y
011 Fluoride, Total (as F) 00951 24 mg/l Monthly Grab E, N Y
011 LC50 Static 24hr Acute Pimephales TAE6C percent Quarterly Grab E, N Y
011 pH 00400 9 6 su Quarterly Grab E, N Y
011 Solids, Total Suspended - Concentration CO530 mg/l Quarterly Grab E, N Y
011 Trichloroethylene 39180 3.7 ug/l Monthly Grab E, Y Y
012 Aluminum, Total (as Al) 01105 ug/l Quarterly Composite E, N Y
012 Cyanide, Total (as Cn) 00720 242 285 ug/l Monthly Grab E, N Y
012 Flow, in conduit or thru treatment plant 50050 mgd Monthly Instantaneous E, N Y
012 Fluoride, Total (as F) 00951 mg/l Quarterly Composite E, N Y
012 pH 00400 9 6 su Monthly Grab E, N Y
012 Pass/Fail Static Renewal 7Day Chronic Ceriodaphnia TGP3B pass/fail Quarterly Composite E, Y Y
012 Solids, Total Suspended - Concentration CO530 mg/l Quarterly Composite E, N Y
012 Trichloroethylene 39180 121 181.5 ug/l Monthly Grab E, Y Y
013 Aluminum, Total (as Al) 01105 mg/l Quarterly Composite E, Y Y
013 Cyanide, Total (as Cn) 00720 5 46.6 ug/l Monthly Grab E, Y Y
013 Flow, in conduit or thru treatment plant 50050 mgd Monthly Instantaneous E, Y Y
013 Fluoride, Total (as F) 00951 mg/l Quarterly Composite E, Y Y
013 LC50 Static 24hr Acute Pimephales TAE6C percent Quarterly Composite E, Y Y
013 pH 00400 9 6 su Monthly Grab E, Y Y
013 Solids, Total Suspended - Concentration CO530 mg/l Quarterly Composite E, Y Y
017 Aluminum, Total (as Al) 01105 mg/l Semi-annually Grab E, Y Y
017 Cyanide, Total (as Cn) 00720 mg/l Semi-annually Grab E, Y Y
017 Fluoride, Total (as F) 00951 mg/l Semi-annually Grab E, N Y
017 Oxygen Demand, Chem. (High Level) (COD) 00340 mg/l Semi-annually Grab E, Y Y
017 Rainfall 46529 inches Semi-annually Grab E, Y Y
017 Solids, Total Suspended - Concentration CO530 mg/l Semi-annually Grab E, N Y
018 Aluminum, Total (as Al) 01105 mg/l Semi-annually Grab E, Y Y
018 Cyanide, Total (as Cn) 00720 mg/l Semi-annually Grab E, Y Y
018 Fluoride, Total (as F) 00951 mg/l Semi-annually Grab E, Y Y
018 Oxygen Demand, Chem. (High Level) (COD) 00340 mg/l Semi-annually Grab E, Y Y
018 Rainfall 46529 inches Semi-annually Grab E, Y Y
018 Solids, Total Suspended - Concentration CO530 mg/l Semi-annually Grab E, Y Y
019 Aluminum, Total (as Al) 01105 ug/l Semi-annually Grab E, N Y
019 Cyanide, Total (as Cn) 00720 ug/l Semi-annually Grab E, N Y
019 Flow, in conduit or thru treatment plant 50050 mgd Semi-annually Instantaneous E, N Y
019 Fluoride, Total (as F) 00951 mg/l Semi-annually Grab E, N Y
019 LC50 Static 24hr Acute Pimephales TAE6C percent Annually Grab E, Y Y
019 pH 00400 9 6 su Semi-annually Grab E, N Y
019 Rainfall 46529 inches Semi-annually Calculated E, Y Y
019 Solids, Total Suspended - Concentration CO530 mg/l Semi-annually Grab E, N Y
020 Aluminum, Total (as Al) 01105 mg/l Semi-annually Grab E, Y Y
020 Cyanide, Total (as Cn) 00720 mg/l Semi-annually Grab E, Y Y
020 Fluoride, Total (as F) 00951 mg/l Semi-annually Grab E, N Y
020 Oxygen Demand, Chem. (High Level) (COD) 00340 mg/l Semi-annually Grab E, Y Y
020 Rainfall 46529 inches Semi-annually Grab E, Y Y
020 Solids, Total Suspended - Concentration CO530 mg/l Semi-annually Grab E, N Y
022 Aluminum, Total (as Al) 01105 mg/l Semi-annually Grab E, Y Y
022 Cyanide, Total (as Cn) 00720 mg/l Semi-annually Grab E, Y Y
022 Fluoride, Total (as F) 00951 mg/l Semi-annually Grab E, N Y
022 Oxygen Demand, Chem. (High Level) (COD) 00340 mg/l Semi-annually Grab E, Y Y
022 Rainfall 46529 inches Semi-annually Grab E, Y Y
022 Solids, Total Suspended - Concentration CO530 mg/l Semi-annually Grab E, N Y
MZ1 Cyanide, Total (as Cn) 00720 ug/l Monthly Grab D, Y Y
MZ1 Fluoride, Total (as F) 00951 ug/l Monthly Grab D, Y Y
MZ1 pH 00400 su Monthly Grab D, Y Y
MZ1 Trichloroethylene 39180 ug/l Monthly Grab D, Y Y
MZ2 Cyanide, Total (as Cn) 00720 ug/l Monthly Grab D, Y Y
MZ2 Fluoride, Total (as F) 00951 ug/l Monthly Grab D, Y Y
MZ2 pH 00400 su Monthly Grab D, Y Y
MZ2 Trichloroethylene 39180 ug/l Monthly Grab D, Y Y
MZ3 Cyanide, Total (as Cn) 00720 ug/l Monthly Grab D, Y Y
MZ3 Fluoride, Total (as F) 00951 ug/l Monthly Grab D, Y Y
MZ3 pH 00400 su Monthly Grab D, Y Y
MZ3 Trichloroethylene 39180 ug/l Monthly Grab D, Y Y
NC0004308 DMR Parameters Summary 1994 to 2020
Data
Parameter Outfall Location Max Min Average Count
00010 - Temperature, Water Deg. Centigrade 002 Effluent 53 4 22.4 842 deg c
004 Downstream 27.5 8.5 18.7 22 deg c
Effluent 44 3 17.1 624 deg c
Upstream 28.7 8.4 18.2 26 deg c
005 Effluent 25.5 3.5 17.6 311 deg c
00076 - Turbidity, HCH Turbidimiter 002 Effluent 78 0.23 4.5 288 ntu
005 Effluent 64 0.1 1.9 286 ntu
012 Effluent 360 0.23 4.7 179 ntu
013 Effluent 240 0.21 5.0 260 ntu
00135 - Rainfall Duration 017 Effluent 1275 75 520.3 10 minutes
018 Effluent 1275 0.22 602.8 10 minutes
020 Effluent 1275 140 669.8 9 minutes
00340 - Oxygen Demand, Chem. (High Level) (COD)002 Effluent 75 10 31.7 3 mg/l
004 Effluent 75 10 31.7 3 mg/l
017 Effluent 370 17 70.7 17 mg/l
018 Effluent 210 17 50.1 16 mg/l
020 Effluent 120 10 54.2 16 mg/l
022 Effluent 97 21 50.7 3 mg/l
00400 - pH 002 Effluent 9.5 2.5 7.4 555 su
004 Effluent 8.5 6 7.0 363 su
005 Effluent 10.1 6 7.2 757 su
010 Effluent 7.9 7.9 7.9 1 su
011 Effluent 9.8 6 6.9 448 su
012 Effluent 8.5 6.1 7.3 727 su
013 Effluent 8.9 6.2 7.5 642 su
014 Effluent 7.2 6.3 6.8 29 su
019 Effluent 7.1 6.1 6.6 2 su
MZ1 Downstream 7.8 7.1 7.5 17 su
MZ2 Downstream 8.8 7 7.5 17 su
MZ3 Downstream 8.7 7.1 7.5 17 su
S02 Effluent 9 6.4 7.4 30 su
S04 Effluent 7.9 6.1 7.0 40 su
S05 Effluent 8 7.8 7.9 2 su
S11 Effluent 8.3 8.3 8.3 1 su
S12 Effluent 7.6 7.1 7.4 2 su
S19 Effluent 7.49 6.6 7.1 4 su
00530 - Solids, Total Suspended 002 Effluent 37 1 5.9 181 mg/l
004 Effluent 130 5 22.7 21 mg/l
005 Effluent 30 1 5.5 207 mg/l
010 Effluent 3 3 3.0 1 mg/l
011 Effluent 4700 5 219.4 388 mg/l
012 Effluent 96 1 7.0 168 mg/l
013 Effluent 49 1 6.1 172 mg/l
017 Effluent 110 42 72.3 3 mg/l
018 Effluent 80 10 45.0 2 mg/l
019 Effluent 13 13 13.0 1 mg/l
020 Effluent 100 12 56.0 2 mg/l
00545 - Solids, Settleable 002 Effluent 0.2 0.1 0.1 15 ml/l
010 Effluent 0.1 0.1 0.1 1 ml/l
012 Effluent 0.1 0.1 0.1 6 ml/l
00556 - Oil & Grease 005 Effluent 91 1 5.4 223 mg/l
011 Effluent 337 1 6.4 284 mg/l
012 Effluent 29 1 4.7 471 mg/l
S11 Effluent 2.4 2.4 2.4 1 mg/l
S12 Effluent 3.2 2.7 3.0 2 mg/l
00720 - Cyanide, Total (as Cn)002 Effluent 78 5 29.7 3 ug/l
004 Effluent 6 0.01 3.3 20 ug/l
005 Effluent 140 5 20.1 189 ug/l
00720 - Cyanide, Total (as Cn)011 Effluent 510 0.005 20.5 415 ug/l
012 Effluent 870 0.026 67.5 653 ug/l
013 Effluent 240 0.5 8.9 479 ug/l
017 Effluent 81 0.1 9.8 17 ug/l
018 Effluent 10 0.01 5.2 16 ug/l
019 Effluent 170 5 60.3 3 ug/l
020 Effluent 10 0.01 5.2 16 ug/l
022 Effluent 10 5 7.0 3 ug/l
MZ1 Downstream 10 5 7.2 17 ug/l
MZ2 Downstream 10 5 7.0 17 ug/l
MZ3 Downstream 10 5 7.1 17 ug/l
S02 Effluent 27 5 16.0 2 ug/l
S04 Effluent 10 0.5 5.3 22 ug/l
S05 Effluent 6.9 6.9 6.9 1 ug/l
S11 Effluent 6.8 5 5.6 3 ug/l
S12 Effluent 10 8.7 9.4 2 ug/l
S19 Effluent 5.8 5 5.2 4 ug/l
00945 - Sulfate, Total (as SO4)002 Effluent 400 1 50.3 315 mg/l
00951 - Fluoride, Total (as F)002 Effluent 9.6 0.26 2.9 223 mg/l
004 Effluent 180 1.1 38.7 16 mg/l
005 Effluent 26 0.28 3.0 213 mg/l
011 Effluent 33 0.037 2.6 444 mg/l
012 Effluent 80 0.13 8.1 411 mg/l
013 Effluent 14 0.046 1.2 447 mg/l
014 Effluent 1.1 0.82 1.0 17 mg/l
017 Effluent 5.4 0.02 0.9 17 mg/l
018 Effluent 1 0.1 0.6 16 mg/l
019 Effluent 28 0.77 9.9 3 mg/l
020 Effluent 10 0.25 1.3 16 mg/l
022 Effluent 0.65 0.1 0.3 3 mg/l
MZ1 Downstream 0.5 0.1 0.1 17 mg/l
MZ2 Downstream 10 0.1 1.0 17 mg/l
MZ3 Downstream 0.5 0.1 0.1 17 mg/l
S02 Effluent 6 0.15 1.7 15 mg/l
S04 Effluent 27 2.3 7.9 22 mg/l
S05 Effluent 7.8 7.8 7.8 1 mg/l
S11 Effluent 1 1 1.0 1 mg/l
S12 Effluent 1.2 1.2 1.2 1 mg/l
S19 Effluent 1.9 0.92 1.2 4 mg/l
01067 - Nickel, Total (as Ni)014 Effluent 0.05 0.04 0.0 3 ug/l
01097 - Antimony, Total (as Sb)014 Effluent 0.2 0.2 0.2 1 ug/l
01105 - Aluminum, Total (as Al)002 Effluent 0.25 0.2 0.2 3 ug/l
004 Effluent 74 0.37 16.1 16 ug/l
005 Effluent 450 0.055 15.0 153 ug/l
011 Effluent 620 0.29 177.0 6 ug/l
012 Effluent 650 0.06 7.4 230 ug/l
013 Effluent 260 0.057 7.8 252 ug/l
014 Effluent 0.78 0.13 0.5 27 ug/l
017 Effluent 420 0.21 59.2 17 ug/l
018 Effluent 570 0.31 77.4 16 ug/l
019 Effluent 8.6 1.2 4.3 3 ug/l
020 Effluent 1600 0.2 138.0 16 ug/l
022 Effluent 200 0.2 67.0 3 ug/l
S02 Effluent 0.333 0.2 0.3 2 ug/l
S04 Effluent 1000 0.22 59.4 21 ug/l
S05 Effluent 0.91 0.91 0.9 1 ug/l
S11 Effluent 27 27 27.0 1 ug/l
S12 Effluent 3.7 3.7 3.7 1 ug/l
S19 Effluent 5700 1.2 1427.1 4 ug/l
32730 - Phenolics, Total Recoverable 002 Effluent 0.01 0.01 0.01 4 ug/l
34247 - Benzo(A)pyrene 014 Effluent 17 10 13.8 4 ug/l
39180 - Trichloroethylene 011 Effluent 1 1 1.0 11 ug/l
39180 - Trichloroethylene 012 Effluent 5 1 1.9 18 ug/l
MZ1 Downstream 1 1 1.0 17 ug/l
MZ2 Downstream 10 1 1.5 17 ug/l
MZ3 Downstream 1 1 1.0 17 ug/l
46529 - Rainfall 002 Effluent 2.75 0.5 1.8 4 inches
004 Effluent 2.75 0.5 1.8 4 inches
011 Effluent 1.9 1.9 1.9 1 inches
017 Effluent 1.9 0.5 1.4 5 inches
018 Effluent 1.9 0.5 1.4 5 inches
019 Effluent 2.65 2.65 2.7 1 inches
020 Effluent 1.9 0.5 1.4 5 inches
022 Effluent 1.9 0.5 1.4 5 inches
50050 - Flow, in conduit or thru treatment plant 002 Effluent 0.624 0.000001 0.041 1112 mgd
004 Effluent 1.426 0.001 0.024 660 mgd
005 Effluent 44.6 0.0005 0.182 1964 mgd
010 Effluent 0.05 0.05 0.050 1 mgd
011 Effluent 4.289 0.0001 0.115 453 mgd
012 Effluent 0.22066 0.0000001 0.015 1788 mgd
013 Effluent 0.753 0.000144 0.027 1723 mgd
014 Effluent 0.302 0.0302 0.181 108 mgd
017 Effluent 82 0.003 3.689 23 mgd
018 Effluent 89.3 0.008 4.780 19 mgd
019 Effluent 0.002888 0.001 0.002 3 mgd
020 Effluent 37.9 0.015 2.078 19 mgd
022 Effluent 0.029 0.011 0.020 6 mgd
S02 Effluent 28.3 0.00072 0.610 93 mgd
S04 Effluent 0.448 0.00072 0.043 135 mgd
S05 Effluent 0.448 0.00835 0.078 9 mgd
S11 Effluent 0.00648 0.00648 0.006 1 mgd
S12 Effluent 0.024231 0.000006 0.003 32 mgd
S19 Effluent 0.0346 0.00144 0.012 4 mgd
50060 - Chlorine, Total Residual 002 Effluent 261 10 65.9 59 ug/l
005 Effluent 225 0.00778 27.1 165 ug/l
012 Effluent 177 0.00681 32.7 134 ug/l
S12 Effluent 46 46 46.0 1 ug/l
CO530 - Solids, Total Suspended - Concentration 002 Effluent 45 2.8 6.8 101 mg/l
004 Effluent 4.5 1.3 2.5 3 mg/l
005 Effluent 40 1 4.4 252 mg/l
011 Effluent 180 2 46.3 45 mg/l
012 Effluent 140 0.8 6.0 241 mg/l
013 Effluent 37 0.36 4.8 257 mg/l
017 Effluent 32 1.6 13.1 14 mg/l
018 Effluent 98 4.5 26.7 14 mg/l
019 Effluent 13 9 11.0 2 mg/l
020 Effluent 260 3.4 29.2 14 mg/l
022 Effluent 5.1 1.9 3.0 3 mg/l
S02 Effluent 41 1 8.9 14 mg/l
S04 Effluent 15 1 4.3 21 mg/l
S05 Effluent 53 5 29.0 2 mg/l
S11 Effluent 150 150 150.0 1 mg/l
S12 Effluent 51 22 36.5 2 mg/l
S19 Effluent 34 8 17.5 4 mg/l
Whole Effluent Toxicity Testing and Self Monitoring Summary Ahoskie WWTPNC0088561/001Chr Lim: 57%Ceri7dPFBegin:2/1/2019Freq:QMar Jun Sep DecNonComp:County:HertfordRegion:WAROBasin:CHO017Q10:1.5IWC:57SOC_JOC:PF:1.3JFMAMJJASOND2017‐‐Pass‐‐Pass‐‐Pass‐‐Pass2018‐‐Pass‐PassPass‐‐Pass‐‐Pass2019‐‐Pass‐‐Pass‐‐Pass‐‐Pass2020‐‐Pass‐‐Pass‐‐Pass‐‐PassAlamac ‐ Lumberton WTPNC0004618/002Chr Monit: 90%Ceri7dPFBegin:3/1/2015Freq:QMar Jun Sep DecNonComp:County:RobesonRegion:FROBasin:LUM517Q10:IWC:SOC_JOC:PF:0.24JFMAMJJASOND2017‐‐Pass‐‐Pass‐‐Pass‐‐Pass2018‐‐Pass‐‐Pass‐‐HPass‐Pass2019‐‐Pass‐‐Pass‐‐Pass‐‐Fail2020‐‐Pass‐‐Pass‐‐H‐‐‐Alamac ‐ Lumberton WWTPNC0004618/001Chr Lim: 3.2%Ceri7dPFBegin:3/1/2015Freq:QMar Jun Sep DecNonComp:SINGLECounty:RobesonRegion:FROBasin:LUM517Q10:128IWC:3.2SOC_JOC:PF:2.5JFMAMJJASOND2017‐‐Pass‐‐Pass‐‐Fail>12.89.1 Pass2018‐‐Pass‐‐Pass‐‐HPass‐Pass2019‐‐Pass‐‐Pass‐‐Pass‐‐Pass2020 >100(P)‐Pass‐‐Pass‐‐Pass‐‐‐Albemarle‐Long Creek WWTPNC0024244/001chr lim: 90%Ceri7dPFBegin:12/1/2018Freq:QMar Jun Sep DecNonComp:SingleCounty:StanlyRegion:MROBasin:YAD137Q10:1.60IWC:94SOC_JOC:PF:16.0JFMAMJJASOND2017‐‐Pass‐‐Pass‐‐Pass‐‐Pass2018‐‐Pass‐‐Pass‐‐Pass‐‐Pass2019‐‐Pass‐‐Fail>100>100Pass‐‐Pass2020‐‐Pass‐‐Pass‐‐Pass‐‐‐Alcoa‐005+NC0004308/00524hr Fthd AC PF LimitFthd24PFBegin:8/1/2019Freq:1x/QMar Jun Sep DecNonComp:SingleCounty:StanlyRegion:MROBasin:YAD087Q10:0.0IWC:100SOC_JOC:PF:NAJFMAMJJASOND2017‐Pass‐‐Pass‐‐Pass‐Pass‐‐2018‐‐Pass‐‐PassPass‐‐Pass‐‐2019‐Pass‐‐‐Pass(P)‐Pass‐‐‐Pass2020‐Pass‐‐Pass‐‐Pass‐Pass‐‐Alcoa‐011NC0004308/01124hr Fthd AC LC50 epFthd24AcBegin:8/1/2019Freq:1x/QMar Jun Sep DecNonComp:County:StanlyRegion:MROBasin:YAD087Q10:NAIWC:NASOC_JOC:PF:VARJFMAMJJASOND2017‐>100‐>100‐H‐H‐HH‐2018‐‐‐H‐HH‐HInvalid>100‐2019‐‐‐‐‐H‐‐H>100‐‐2020‐>100‐>100‐‐‐‐LC50>100%>100‐‐Page 1 of 104Legend: P= Fathead minnow (Pimphales promelas), H=No Flow (facility is active), s = Split test between Certified Labs
Whole Effluent Toxicity Testing and Self Monitoring Summary Alcoa‐012+NC0004308/012chr lim: 3.8% (1x/QtrCeri7dPFBegin:8/1/2019Freq:1x/QMar Jun Sep DecNonComp:SingleCounty:StanlyRegion:MROBasin:YAD087Q10:NAIWC:NASOC_JOC:PF:NAJFMAMJJASOND2017‐Pass‐‐Pass‐‐Pass‐Pass‐‐2018‐‐PassH‐PassPass‐‐Pass‐‐2019‐‐H‐‐H‐‐HPass‐‐2020 Pass‐‐‐Pass‐‐‐H‐‐‐Alcoa‐013+NC0004308/01324hr Fthd AC LC50 epFthd24AcBegin:8/1/2019Freq:1x/QMar Jun Sep DecNonComp:SingleCounty:StanlyRegion:MROBasin:YAD087Q10:NAIWC:NASOC_JOC:PF:NAJFMAMJJASOND2017‐Pass‐Pass‐‐‐Pass‐Pass‐‐2018‐PassH‐95.2HFailFailFailPass‐‐2019‐>100 Pass‐‐Pass‐‐>100‐‐>100‐2020‐>100‐‐>100‐>100‐‐>100‐‐Alcoa‐019NC0004308/019Ac LC50 Monit: FthdFthd24AcBegin:8/1/2019Freq:AnnualNonComp:County:StanlyRegion:MROBasin:Yad087Q10:0IWC:VARSOC_JOC:PF:VARJFMAMJJASOND2020‐>100‐‐‐‐‐‐‐‐‐‐Allvac‐Monroe PlantNC0045993/001chr lim: 52% or 40% Ceri7dPFBegin:6/1/2014Freq:QFeb May Aug NovNonComp:SingleCounty:UnionRegion:MROBasin:YAD147Q10:0.27IWC:49.1SOC_JOC:PF:naJFMAMJJASOND2017‐Pass‐‐Pass‐‐Pass‐‐Pass‐2018‐Pass‐‐Pass‐‐Pass‐‐Pass‐2019‐Pass‐‐Pass‐‐Pass‐‐Pass‐2020‐Pass‐‐Pass‐‐Pass‐‐Pass‐Amerada Hess Corp.NC0066711/00124hr Mysid PF Monit:Mysd24PFBegin:5/1/2017Freq:QJan Apr Jul OctNonComp:County:New HanoverRegion:WIROBasin:CPF177Q10:TidalIWC:100SOC_JOC:PF:NAJFMAMJJASOND2017‐‐‐‐Pass‐Pass‐‐Pass‐‐2018 Pass‐‐Pass‐‐Pass‐‐Pass‐‐2019 Pass‐‐Pass‐‐Pass‐‐Pass‐‐2020 Pass‐‐Pass‐‐Pass‐‐Pass‐‐American Truetzschler, Inc.+NC0085928/001chr lim: 90%Ceri7dPFBegin:8/1/2010Freq:QFeb May Aug NovNonComp:SingleCounty:MecklenburgRegion:MROBasin:CTB347Q10:0.0IWC:100SOC_JOC:PF:0.05JFMAMJJASOND2017 45 100‐‐Pass‐‐Pass‐‐Pass‐2018‐Fail97.5‐Pass‐‐Pass‐‐Pass >1002019‐Pass‐‐Pass‐‐Pass‐‐Invalid Pass2020‐Pass‐‐Pass Pass‐‐Pass‐‐Fail PassPage 2 of 104Legend: P= Fathead minnow (Pimphales promelas), H=No Flow (facility is active), s = Split test between Certified Labs
July 2, 2019
Ms. Robyn Gross
Director, Assets Management America
Badin Business Park, LLC
201 Isabella St.
Pittsburg, PA 15212
Subject: Final NPDES Permit
Permit NC0004308
Badin Business Park LLC.
Stanly County
Class I Facility
Dear Ms. Gross:
The Division is forwarding herewith the NPDES permit for Badin Business Park LLC, modified
as stipulated in the Settlement Agreement executed on May 3, 2019. 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).
The final permit maintains the following significant changes identified in the letter sent on
May 14, 2019:
• Outfalls 018 and 022 were moved to the stormwater section. These two outfalls are
stormwater outfalls collecting surface runoff from the Alcoa-Badin Landfill. The outfalls
will be sampled according to the stormwater sampling protocol [see Section B.(1.)].
• Language was added to A.(5.) for outfall 019 (section A.(6.) in the 2017 final permit)
stating that” If no parameters are detected during the permit cycle, this outfall may be
removed from the permit after a public notice process and consideration of public
comments”.
• Footnote was included in section A.(1.) for outfall 005 stating that “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”.
• Permittee has submitted priority pollutant scans (PPAs) for outfalls 005, 012, 013, 018 and
022. No parameters were detected except Total Cyanide for outfall 012 which was within
Page 2 of 3
the permit limits. No PPA is required for outfall 011 since it is the overflow for outfall 012.
Therefore, special condition A.(9.), Priority Pollutant Analysis, was removed from the final
permit.
• As a condition of the settlement agreement, Badin Business Park submitted PPA for outfall
004. No parameter was detected in the pollutant scan except Fluoride which is below the
water quality standard. Therefore, no effluent limitations and monitoring requirements
need to be added to the permit.
• The outfall coordinates in the final permit were revised (see Table 1).
• Mixing zone analysis for outfall 012 – Based on the submitted CORMIX dilution model,
special condition C.(7.), Mixing Zone (Outfall 012), was modified to include the boundary
of the mixing zone and the locations of three instream sampling stations.
• Cyanide limits for outfall 012 - Based on the submitted CORMIX dilution model, Total
Cyanide monthly average and daily maximum limits have been modified to 242 µg/L
(Dilution Factor of 48.4) and 285 µg/L (Dilution Factor of 6.12), respectively [See section
A.(3.)].
• Trichloroethylene (TCE) limits for outfall 012 - Based on the submitted CORMIX dilution
model, the monthly average and daily maximum limits for TCE have been modified to 121
µg/L (Dilution Factor of 48.4) and 181.5 µg/L (Dilution factor of 6.12), respectively [See
section A.(3.)].
• Special condition A.(8.), Monitoring Study, has been removed from the permit in light of
the fact that the Permittee has committed to conduct similar study under the Division of
Waste Management (DWM).
If any parts, measurement frequencies or sampling requirements contained in this permit are
unacceptable to you, you have the right to an adjudicatory hearing upon written request within
thirty (30) days following receipt of this letter. This request must be in the form of a written
petition, conforming to Chapter 150B of the North Carolina General Statutes, and filed with the
Office of Administrative Hearings (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 other permits which may be required by the Division of Water
Resources or any other Federal, State, or Local governmental regulations. If you have any questions concerning this permit, please contact Qais Banihani at (919) 707-3607
or via email at Qais.Banihani@ncdenr.gov.
Sincerely,
Original Signed by Jeff Poupart
Linda Culpepper, Director
Division of Water Resources, NCDEQ
Page 3 of 3
Hardcopy: NPDES Files
Central Files
Mooresville Regional Office/Water Quality
Ecopy: US EPA Region 4
WSS/Aquatic Toxicology Branch/Susan Meadows
NC DEQ / DWR / PWS Regional Engineer/ Clinton Cook
DWM/Hazardous Waste Section/Robert McDaniel
Annette Lucas/ DEMLR
Permit NC0004308
Page 1 of 27
STATE OF NORTH CAROLINA
DEPARTMENT OF ENVIRONMENTAL QUALITY
DIVISION OF WATER RESOURCES
PERMIT
TO DISCHARGE WASTEWATER AND STORMWATER UNDER THE
NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM
In compliance with the provisions of North Carolina General Statute 143-215.1, other lawful standards and
regulations promulgated and adopted by the North Carolina Environmental Management Commission, and
the Federal Water Pollution Control Act, as amended,
Badin Business Park, LLC.
is hereby authorized to discharge wastewater and stormwater from a facility located at the
Badin Business Park
NC Hwy. 740 & NCSR 1719
Stanly County
to receiving waters designated as UT to Little Mountain Creek and Badin Lake (Yadkin River) in the Yadkin
- Pee Dee River Basin
in accordance with effluent limitations, monitoring requirements, and other conditions set forth in Parts I, II,
and III of this permit.
This permit shall become effective August 01, 2019.
This permit and the authorization to discharge shall expire at midnight on October 31, 2022.
Signed this day July 02, 2019.
Original Signed by Jeff Poupart
____________________________________________
Linda Culpepper, Director
Division of Water Resources
By Authority of the Environmental Management Commission
Permit NC0004308
Page 2 of 27
SUPPLEMENT TO PERMIT COVER SHEET
The authority to operate and discharge from this facility arises exclusively under the terms and conditions of this
NPDES Permit. Therefore, upon the effective date of this permit, any and all previous NPDES Permits issued for
this facility and bearing this permit number are revoked.
Badin Business Park, LLC.
is hereby authorized to:
1. Discharge the following:
• stormwater at Outfalls 002, 004, 017, 018, 020, and 022
• groundwater, stormwater and or fire protection water at Outfalls 005, 012, 011 when flows exceed the
capacity of the diffuser, and 013;
• overflow from stormwater retention pond at Outfall 019.
all outfalls being located at or near Badin Business Park in Stanly County; and
2. Discharge such groundwater, stormwater and/or fire protection water from locations specified on the
attached map into an unnamed tributary to Little Mountain Creek (Outfalls 004, 005, 017, 018, and 022) and
into Badin Lake (Yadkin River) (Outfalls 002, 011, 012, 013, 019, 020) which are classified as Class "WS-IV"
waters and Class "WS-IV CA & B" waters, respectively, in the Yadkin-Pee Dee River Basin.
All discharges shall be in accordance with the attached schedules as follows:
Part I: Monitoring, Controls, and Limitations for Permitted Discharges
A. Effluent Limitations and Monitoring Requirements
B. Stormwater Management Requirements
C. Special Conditions
Part II: Standard Conditions for NPDES Permits
Part III: Other Requirements
Any other point source discharge to surface waters of the state is prohibited unless covered by another permit,
authorization, or approval.
This permit does not relieve the Permittee from responsibility for compliance with any other applicable
federal, state, or local law, rule, standard, ordinance, order, judgment, or decree.
Permit NC0004308
Page 3 of 27
PART I
SECTION A - EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS
During the period beginning on the effective date of the permit and lasting until expiration, the Permittee is
authorized to discharge wastewater and stormwater associated with the activities described in its current
NPDES permit application. Such discharges shall be monitored, controlled, and limited as specified below.
A.(1.) EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS - Outfall 005 [15A
NCAC 02B .0400 et seq., 02B .0500 et seq.]
During the period beginning on the effective date of this permit and lasting until the expiration date of this
permit, the Permittee is authorized to discharge groundwater, stormwater, and fire protection water at Outfall
005 subject to the following effluent limitations and monitoring1 requirements:
EFFLUENT LIMITATIONS MONITORING REQUIREMENTS
PARAMETER Monthly
Average
Weekly
Average
Daily
Maximum
Measurement
Frequency
Sample
Type
Sample
Location 2
Flow Monthly Instantaneous E
Total Suspended Solids Quarterly Composite 3 E
pH Shall remain within the range of 6.0
to 9.0 standard units at all times Monthly Grab E
Total Aluminum Quarterly Composite 3 E
Total Fluoride 4 1.8 mg/l 24 mg/l Monthly Composite 3 E
Total Cyanide 4 5 µg/l 46.6 µg/l Monthly Grab E
Total Residual Chlorine 4 17 µg/l Monthly Grab E
Acute Toxicity 5 Quarterly Composite 3 E
Footnotes:
1. Submit Discharge Monitoring Reports electronically using NC DWR’s eDMR application system.
Please See Special Condition C.(6).
2. Sample locations: E - Effluent.
3. The Permittee may use time-proportionate compositing or other sampling method provided that the
alternate method yields samples that are reasonably representative of the discharge during the
monitoring period.
4. The permittee shall use sufficiently sensitive test procedures approved under 40 CFR part 136 for the
analysis of pollutants. A method is “sufficiently sensitive” when: (1) The method minimum level (ML)
is at or below the level of the effluent limit established in the permit for the measured pollutant or
pollutant parameter; or (2) the method has the lowest ML of the analytical methods approved under
40 CFR part 136 or required under 40 CFR chapter I, subchapter N or O for the measured pollutant or
pollutant parameter. 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. Acute Toxicity P/F Quarterly; see Special Condition C.(1).
Permit NC0004308
Page 4 of 27
A.(2.) EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS - Outfall 011 [15A
NCAC 02B .0400 et seq., 02B .0500 et seq.]
During the period beginning on the effective date of this permit and lasting until the expiration date of this
permit, the Permittee is authorized to discharge fire protection waters, groundwater, and stormwater
exceeding the Outfall 012 diffuser capacity at Outfall 011 subject to the following effluent limitations and
monitoring1 requirements:
EFFLUENT LIMITATIONS MONITORING REQUIREMENTS
PARAMETER Monthly
Average
Weekly
Average
Daily
Maximum
Measurement
Frequency
Sample
Type
Sample
Location 2
Flow Monthly Instantaneous E
Total Aluminum Quarterly Grab E
Total Fluoride 3 24 mg/l Monthly Grab E
Total Cyanide 3 46.6 µg/l Monthly Grab E
Total Suspended Solids Quarterly Grab E
Trichloroethylene (TCE) 3,4 3.7 µg/l Monthly Grab E
pH Shall remain within the range of 6.0
to 9.0 standard units at all times Quarterly Grab E
Acute Toxicity 5 Quarterly Grab E
Footnotes:
1. Submit Discharge Monitoring Reports electronically using NC DWR’s eDMR application system.
Please See Special Condition C.(6).
2. Sample locations: E - Effluent.
3. The permittee shall use sufficiently sensitive test procedures approved under 40 CFR part 136 for the
analysis of pollutants. A method is “sufficiently sensitive” when: (1) The method minimum level (ML)
is at or below the level of the effluent limit established in the permit for the measured pollutant or
pollutant parameter; or (2) the method has the lowest ML of the analytical methods approved under
40 CFR part 136 or required under 40 CFR chapter I, subchapter N or O for the measured pollutant or
pollutant parameter. The Permittee shall report on its Discharge Monitoring Reports the actual
laboratory results for each effluent sample tested.
4. The facility may request that the Division review the data after collection of at least 12 data points to
determine if there is reasonable potential to exceed the water quality standard or EPA criteria. If no
reasonable potential exists, the Division may remove the limit and/or reduce the monitoring
frequency.
5. Acute Toxicity Monitoring Quarterly; see Special Condition C.(2).
Permit NC0004308
Page 5 of 27
A.(3.) EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS - Outfall 012 [15A
NCAC 02B .0400 et seq., 02B .0500 et seq.]
During the period beginning on the effective date of this permit and lasting until the expiration date of this
permit, the Permittee is authorized to discharge fire protection waters, groundwater, and stormwater at
Outfall 012 (diffuser) subject to the following effluent limitations and monitoring1 requirements:
EFFLUENT LIMITATIONS MONITORING REQUIREMENTS
PARAMETER Monthly
Average
Weekly
Average
Daily
Maximum
Measurement
Frequency
Sample
Type
Sample
Location 2
Flow Monthly Instantaneous E
Total Suspended Solids Quarterly Composite 3 E
pH Shall remain within the range of 6.0
to 9.0 standard units at all times Monthly Grab E
Total Cyanide 4 242 µg/l 285 µg/l Monthly Grab E
Total Fluoride 4 Quarterly Composite 3 E
Total Aluminum Quarterly Composite 3 E
Trichloroethylene (TCE) 4,5 121 µg/l 181.5 µg/l Monthly Grab E
Chronic Toxicity 6 Quarterly Composite 3 E
Footnotes:
1. Submit Discharge Monitoring Reports electronically using NC DWR’s eDMR application system.
Please See Special Condition C.(6).
2. Sample locations: E - Effluent.
3. The Permittee may use time-proportionate compositing or other sampling method provided that the
alternate method yields samples that are reasonably representative of the discharge during the
monitoring period.
4. The permittee shall use sufficiently sensitive test procedures approved under 40 CFR part 136 for the
analysis of pollutants. A method is “sufficiently sensitive” when: (1) The method minimum level (ML)
is at or below the level of the effluent limit established in the permit for the measured pollutant or
pollutant parameter; or (2) the method has the lowest ML of the analytical methods approved under
40 CFR part 136 or required under 40 CFR chapter I, subchapter N or O for the measured pollutant or
pollutant parameter. The Permittee shall report on its Discharge Monitoring Reports the actual
laboratory results for each effluent sample tested.
5. The facility may request that the Division review the data after collection of at least 12 data points to
determine if there is reasonable potential to exceed the water quality standard or EPA criteria. If no
reasonable potential exists, the Division may remove the limit and/or reduce the monitoring
frequency.
6. Chronic Toxicity Pass/Fail Quarterly; see Special Condition C.(3).
Permit NC0004308
Page 6 of 27
A.(4.) EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS - Outfall 013 [15A
NCAC 02B .0400 et seq., 02B .0500 et seq.]
During the period beginning on the effective date of this permit and lasting until the expiration date of this
permit, the Permittee is authorized to discharge groundwater and stormwater at Outfall 013 subject to the
following effluent limitations and monitoring1 requirements:
EFFLUENT LIMITATIONS MONITORING REQUIREMENTS
PARAMETER Monthly
Average
Weekly
Average
Daily
Maximum
Measurement
Frequency Sample Type Sample
Location 2
Flow Monthly Instantaneous E
Total Suspended Solids Quarterly Composite 3 E
Total Aluminum Quarterly Composite 3 E
Total Fluoride Quarterly Composite 3 E
Total Cyanide 4 5 µg/l 46.6 µg/l Monthly Grab E
pH Shall remain within the range of 6.0
to 9.0 standard units at all times Monthly Grab E
Acute Toxicity 5 Quarterly Composite 3 E
Footnotes:
1. Submit Discharge Monitoring Reports electronically using NC DWR’s eDMR application system. Please
See Special Condition C.(6).
2. Sample locations: E - Effluent.
3. The Permittee may use time-proportionate compositing or other sampling method provided that the
alternate method yields samples that are reasonably representative of the discharge during the monitoring
period.
4. The permittee shall use sufficiently sensitive test procedures approved under 40 CFR part 136 for the
analysis of pollutants. A method is “sufficiently sensitive” when: (1) The method minimum level (ML) is
at or below the level of the effluent limit established in the permit for the measured pollutant or pollutant
parameter; or (2) the method has the lowest ML of the analytical methods approved under 40 CFR part 136
or required under 40 CFR chapter I, subchapter N or O for the measured pollutant or pollutant parameter.
The Permittee shall report on its Discharge Monitoring Reports the actual laboratory results for each
effluent sample tested.
5. Acute Toxicity Monitoring Quarterly; see Special Condition C.(2).
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A.(5.) EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS - Outfall 019 [15A
NCAC 02B .0400 et seq., 02B .0500 et seq.]
During the period beginning on the effective date of this permit and lasting until the expiration date of this
permit, the Permittee is authorized to discharge overflow from the retention pond at the Old Brick Landfill
at Outfall 019 subject to the following effluent limitations and monitoring1 requirements:
EFFLUENT LIMITATIONS MONITORING REQUIREMENTS
PARAMETER Monthly
Average
Weekly
Average
Daily
Maximum
Measurement
Frequency Sample Type Sample
Location 2
Flow Semi-annual Instantaneous E
Total Rainfall (inches) 3 Semi-annual Rain gauge ---
Total Suspended Solids Semi-annual Grab E
Total Aluminum Semi-annual Grab E
Total Fluoride 4 Semi-annual Grab E
Total Cyanide 4 Semi-annual Grab E
pH Shall remain within the range of 6.0
to 9.0 standard units at all times Semi-annual Grab E
Acute Toxicity 5 Annual Grab E
Footnotes:
1. Submit Discharge Monitoring Reports electronically using NC DWR’s eDMR application system.
Please See Special Condition C.(6).
2. Sample locations: E - Effluent.
3. For each sampled representative storm event the total precipitation must be recorded. An on-site rain
gauge or local rain gauge reading must be recorded.
4. The permittee shall use sufficiently sensitive test procedures approved under 40 CFR part 136 for the
analysis of pollutants. A method is “sufficiently sensitive” when: (1) The method minimum level (ML)
is at or below the level of the effluent limit established in the permit for the measured pollutant or
pollutant parameter; or (2) the method has the lowest ML of the analytical methods approved under
40 CFR part 136 or required under 40 CFR chapter I, subchapter N or O for the measured pollutant or
pollutant parameter. The Permittee shall report on its Discharge Monitoring Reports the actual
laboratory results for each effluent sample tested.
5. Acute Toxicity Monitoring Annual; see Special Condition C.(4).
If no parameters are detected during the permit cycle, this outfall may be removed from the permit after a
public notice process and consideration of public comments.
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SECTION B - STORMWATER MANAGEMENT REQUIREMENTS [G.S. 143-215.1(A) et seq.,
15A NCAC 02H .0126 et seq.]
B.(1.) STORMWATER MONITORING REQUIREMENTS - Outfalls 002, 004, 017, 018, 020 & 022
During the period beginning on the effective date of this permit and lasting until the expiration date of this
permit, the Permittee is authorized to discharge stormwater at Outfalls 002, 004, 017, 018, 020 and 022. Such
discharges shall be controlled, limited, and monitored as specified in this permit.
1. Analytical Monitoring:
Analytical monitoring of stormwater discharges shall be performed as specified below. All analytical
monitoring shall be performed during a measureable storm event.
A measurable storm event is a storm event that results in an actual discharge from the permitted site
outfall. The previous measurable storm event must have been at least 72 hours prior. The 72-hour
storm interval does not apply if the permittee is able to document that a shorter interval is
representative for local storm events during the sampling period, and the permittee obtains approval
from the local DEMLR Regional Engineer (See Definitions).
Analytical Monitoring Requirements
Discharge Characteristics Units Measurement
Frequency1
Sample
Type2
Sample
Location3
Total Suspended Solids (TSS) mg/L semi-annual Grab SDO
Chemical Oxygen Demand (COD) mg/L semi-annual Grab SDO
Aluminum, Total Recoverable mg/L semi-annual Grab SDO
Total Cyanide mg/L semi-annual Grab SDO
Total Fluoride mg/L semi-annual Grab SDO
Total Rainfall4 inches semi-annual Rain
Gauge -
Footnotes:
1. Measurement Frequency: Twice per year (unless other provisions of this permit prompt monthly
sampling) during a measureable storm event, until either another permit is issued for this facility or
until this permit is revoked or rescinded. If the facility is monitoring monthly because of Tier Two or
Three response actions under the previous permit, the facility shall continue a monthly monitoring
and reporting schedule in Tier Two or Tier Three status until relieved by the provisions of this permit
by DEMLR.
2. Grab samples shall be collected within the first 30 minutes of discharge. When physical separation
between outfalls prevents collecting all samples within the first 30 minutes, sampling shall begin
within the first 30 minutes, and shall continue until completed.
3. Sample Location: Samples shall be collected at each stormwater discharge outfall (SDO) unless
representative outfall status (ROS) has been granted. A copy of DEMLR’s letter granting ROS shall
be kept on site.
4. For each sampled measureable storm event, the total precipitation must be recorded. An on-site rain
gauge is required. Where isolated sites are unmanned for extended periods of time, a local rain gauge
reading may be substituted for an on-site reading.
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The permittee shall complete the analytical samplings in accordance with the schedule specified below,
unless adverse weather conditions prevent sample collection. A minimum of 60 days must separate Period
1 and Period 2 sample dates, unless monthly monitoring has been instituted under a Tier Two response.
Inability to sample because of adverse weather conditions must be documented in the Stormwater
Pollution Prevention Plan (SPPP) and recorded on the DMR. The permittee must report the results from
each sample taken within the monitoring period (see Part II, Section D). However, for purposes of
benchmark comparison and Tiered response actions, the permittee shall use the analytical results from the
first sample with valid results within the monitoring period.
Monitoring Schedule
Semi-Annual
Monitoring Events1,2
Start Date
(All Years)3
End Date
(All Years)3
Period 1 January 1 June 30
Period 2 July 1 December 31
Footnotes:
1 Maintain semi-annual monitoring until either another permit is issued for this facility or until this
permit is revoked or rescinded. The permittee must submit an application for renewal of coverage
before the submittal deadline (180 days before expiration) to be considered for renewed coverage
under the permit. The permittee must continue analytical monitoring throughout the permit renewal
process, even if a renewal permit is not issued until after expiration of this permit.
2 If no discharge occurs during the sampling period, the permittee must submit a monitoring report
indicating “No Flow” or “No Discharge” within 30 days of the end of the sampling period.
3 Monitoring periods remain consistent through the permit term and through the renewal process.
Failure to monitor semi-annually per permit terms may result in DEMLR requiring monthly monitoring
for all parameters for a specified time period. “No discharge” from an outfall during a monitoring period
does not constitute failure to monitor, as long as it is properly recorded and reported.
The permittee shall compare monitoring results to the benchmark values below. Exceedances of benchmark
values require the permittee to increase monitoring, increase management actions, increase record keeping,
and/or install stormwater Best Management Practices (BMPs) in a tiered program. See below the descriptions
of Tier One, Tier Two, and Tier Three response actions. In the event that DEMLR releases the permittee from
continued monthly monitoring and reporting under Tier Two or Tier Three, DEMLR’s release letter may
remain in effect through subsequent reissuance of this permit, unless the release letter provides for other
conditions or duration.
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Benchmark Values for Analytical Monitoring
Discharge Characteristics Units Benchmark
Total Suspended Solids (TSS) mg/L 100
Chemical Oxygen Demand mg/L 120
Aluminum, Total Recoverable mg/L 0.75
Total Cyanide mg/L 0.02
Total Fluoride mg/L 6
The benchmark values above are not permit limits but should be used as guidelines for implementation of the
permittee’s SPPP. An exceedance of a stormwater benchmark value is not a permit violation; however,
failure to respond to the exceedance as outlined in this permit is a violation of permit conditions.
Tier One
If: The first valid sampling results are above a benchmark value for any parameter at any outfall;
Then: The permittee shall:
1. Conduct a stormwater management inspection of the facility within two weeks of receiving sampling
results.
2. Identify and evaluate possible causes of the benchmark value exceedance.
3. Identify potential, and select the specific feasible: source controls, operational controls, or physical
improvements to reduce concentrations of the parameters of concern.
4. Implement the selected feasible actions within two months of the inspection.
5. Record each instance of a Tier One response in the SPPP. Include the date and value of the benchmark
exceedance, the inspection date, the personnel conducting the inspection, the selected actions, and the
date the selected actions were implemented.
6. Note: Benchmark exceedances for a different parameter separately trigger a tiered response.
Tier Two
If: The first valid sampling results from two consecutive monitoring periods are above the benchmark
values for any specific parameter at a specific discharge outfall;
Then: The permittee shall:
1. Repeat all the required actions outlined above in Tier One.
2. Immediately institute monthly monitoring and reporting for all parameters. The permittee shall
conduct monthly monitoring at every outfall where a sampling result exceeded the benchmark value
for two consecutive samples. Monthly (analytical and qualitative) monitoring shall continue until
three consecutive sample results are below the benchmark values or within benchmark range.
3. If no discharge occurs during the sampling period, the permittee is required to submit a monthly
monitoring report indicating “No Flow” to comply with reporting requirements.
4. Alternatively, in lieu of steps 2 and 3, the permittee may, after two consecutive exceedances, exercise
the option of contacting the DEMLR Regional Engineer as provided below in Tier Three. The Regional
Engineer may direct the response actions on the part of the permittee as provided in Tier Three,
including reduced or additional sampling parameters or frequency.
5. Maintain a record of the Tier Two response in the SPPP.
6. Continue Tier Two response obligations throughout the permit renewal process.
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Tier Three
If: The valid sampling results required for the permit monitoring periods exceed the benchmark value for
any specific parameter at any specific outfall on four occasions, the permittee shall notify the DEMLR
Regional Engineer in writing within 30 days of receipt of the fourth analytical results;
Then: The Division may but is not limited to:
• require that the permittee revise, increase, or decrease the monitoring and reporting frequency for
some or all of the parameters herein;
• require sampling of additional or substitute parameters;
• require the permittee to install structural stormwater controls;
• require the permittee to implement other stormwater control measures;
• require the permittee to perform upstream and downstream monitoring to characterize impacts on
receiving waters; or
• require the permittee implement site modifications to qualify for a No Exposure Exclusion;
• require the permittee to continue Tier Three obligations through the permit renewal process.
2. Qualitative Monitoring Requirements
The purpose of qualitative monitoring is to evaluate the effectiveness of the Stormwater Pollution
Prevention Plan (SPPP) and identify new potential sources of stormwater pollution. Qualitative
monitoring of stormwater outfalls must be performed during a measurable storm event.
Qualitative monitoring requires a visual inspection of each stormwater outfall regardless of representative
outfall status. Qualitative monitoring shall be performed semi-annually as specified below, and during
required analytical monitoring events (unless the permittee is required to perform further qualitative
monitoring per the Qualitative Monitoring Response, below). Inability to monitor because of adverse
weather conditions must be documented in the SPPP and recorded on the Qualitative Monitoring Report
form (see Adverse Weather in Definitions). Only SDOs discharging stormwater associated with industrial
activity must be monitored (See Definitions).
In the event an atypical condition is noted at a stormwater discharge outfall, the permittee shall document
the suspected cause of the condition and any actions taken in response to the discovery. This
documentation will be maintained with the SPPP.
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Qualitative Monitoring Requirements
Discharge Characteristics Frequency1 Monitoring
Location2
Color semi-annual SDO
Odor semi-annual SDO
Clarity semi-annual SDO
Floating Solids semi-annual SDO
Suspended Solids semi-annual SDO
Foam semi-annual SDO
Oil Sheen semi-annual SDO
Erosion or deposition at the outfall semi-annual SDO
Other obvious indicators
of stormwater pollution semi-annual SDO
Footnotes:
1. Monitoring Frequency: Twice per year during a measureable storm event unless other provisions
of this permit prompt monthly monitoring. See schedule of monitoring periods through the end
of this permitting cycle. The permittee must continue qualitative monitoring throughout the
permit renewal process until a new permit is issued.
2. Monitoring Location: Qualitative monitoring shall be performed at each stormwater discharge
outfall (SDO) regardless of representative outfall status.
A minimum of 60 days must separate monitoring dates, unless additional sampling has been instituted as
part of other analytical monitoring requirements in this permit.
If the permittee’s qualitative monitoring indicates that existing stormwater Best Management Practices
(BMPs) are ineffective, or that significant stormwater contamination is present, the permittee shall
investigate potential causes, evaluate the feasibility of corrective action, and implement those corrective
actions within 60 days, per the Qualitative Monitoring Response, below. A written record of the
permittee’s investigation, evaluation, and response actions shall be kept in the SPPP.
Qualitative Monitoring Response
Qualitative monitoring is for the purposes of evaluating SPPP effectiveness, identifying new potential
sources of stormwater pollution, and prompting the permittee’s response to pollution. If the permittee
repeatedly fails to respond effectively to correct problems identified by qualitative monitoring, or if
the discharge causes or contributes to a water quality standard violation, DEMLR may but is not
limited to:
• require that the permittee revise, increase, or decrease the monitoring frequency for some or
all parameters (analytical or qualitative)
• require the permittee to install structural stormwater controls;
• require the permittee to implement other stormwater control measures;
• require the permittee to perform upstream and downstream monitoring to characterize
impacts on receiving waters; or
• require the permittee implement site modifications to qualify for a No Exposure Exclusion.
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B.(2.) STORMWATER POLLUTION PREVENTION PLAN
The permittee shall develop and implement a Stormwater Pollution Prevention Plan (SPPP). The SPPP shall
be maintained on site unless exempted from this requirement by DEMLR. The SPPP is public information in
accordance with Part II, Standard Conditions, Section E Paragraph 10 of this permit. The SPPP shall include,
at a minimum, the following items:
1. Site Overview. The Site Overview shall provide a description of the physical facility and the potential
pollutant sources that may be expected to contribute to contamination of stormwater discharges. The Site
Overview shall contain the following:
(a) A general location map (USGS quadrangle map or appropriately drafted equivalent map), showing
the facility's location in relation to transportation routes and surface waters; the name of the receiving
waters to which the stormwater outfalls discharge, or if the discharge is to a municipal separate storm
sewer system, the name of the municipality and the ultimate receiving waters; and accurate latitude
and longitude of the points of stormwater discharge associated with industrial activity. The general
location map (or alternatively the site map) shall identify whether any receiving waters are impaired
(on the state’s 303(d) list of impaired waters) or if the site is located in a watershed for which a TMDL
has been established, and what the parameters of concern are.
(b) A narrative description of storage practices, loading and unloading activities, outdoor process areas,
dust or particulate generating or control processes, and waste disposal practices. A narrative
description of the potential pollutants that could be expected to be present in the stormwater
discharge from each outfall.
(c) A site map drawn at a scale sufficient to clearly depict: the site property boundary; the stormwater
discharge outfalls; all on-site and adjacent surface waters and wetlands; industrial activity areas
(including storage of materials, disposal areas, process areas, loading and unloading areas, and haul
roads); site topography and finished grade; all drainage features and structures; drainage area
boundaries and total contributing area for each outfall; direction of flow in each drainage area;
industrial activities occurring in each drainage area; buildings; stormwater Best Management
Practices (BMPs); and impervious surfaces. The site map must indicate the percentage of each
drainage area that is impervious, and the site map must include a graphic scale indication and north
arrow.
(d) A list of significant spills or leaks of pollutants during the previous three (3) years and any corrective
actions taken to mitigate spill impacts.
(e) Certification that the stormwater outfalls have been evaluated for the presence of non-stormwater
discharges. The permittee shall re-certify annually that the stormwater outfalls have been
evaluated for the presence of non-stormwater discharges. If non-stormwater discharges are present,
the permittee shall identify the source and record whether the discharge is otherwise permitted (by
rule or a different permit). The permittee shall evaluate the environmental significance of the non-
stormwater discharges and include a summary written record with the certification. The certification
statement and summary written record shall be retained with the SPPP, and shall be dated and signed
in accordance with the requirements found in Standard Conditions for NPDES Permits, Part II, Section
B.11(b).
(f) If a permanent source of non-stormwater flow is identified in accordance with B. (2) 1. (e) the permittee
shall notify DWR and DEMLR. The notification must include a description and frequency of discharge
for the identified non-stormwater flow. The notification must be submitted to the following addresses:
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DWR/NPDES Complex Permitting Unit
1617 Mail Service Center
Raleigh, NC 27699-1617
DEMLR / Stormwater Permitting Program
1612 Mail Service Center
Raleigh, NC 27699-1612.
2. Stormwater Management Strategy. The Stormwater Management Strategy shall contain a narrative
description of the materials management practices employed which control or minimize the stormwater
exposure of significant materials, including structural and nonstructural measures. The Stormwater
Management Strategy, at a minimum, shall incorporate the following:
(a) Feasibility Study. A review of the technical and economic feasibility of changing the methods of
operations and/or storage practices to eliminate or reduce exposure of materials and processes to
rainfall and run-on flows. Wherever practical, the permittee shall prevent exposure of all storage
areas, material handling operations, and manufacturing or fueling operations. In areas where
elimination of exposure is not practical, this review shall document the feasibility of diverting the
stormwater run-on away from areas of potential contamination.
(b) Secondary Containment Requirements and Records. Secondary containment is required for: bulk
storage of liquid materials; storage in any amount of Section 313 of Title III of the Superfund
Amendments and Reauthorization Act (SARA) water priority chemicals; and storage in any amount
of hazardous substances, in order to prevent leaks and spills from contaminating stormwater runoff.
A table or summary of all such tanks and stored materials and their associated secondary containment
areas shall be maintained. If the secondary containment devices are connected to stormwater
conveyance systems, the connection shall be controlled by manually activated valves or other similar
devices (which shall be secured closed with a locking mechanism). Any stormwater that accumulates
in the containment area shall be at a minimum visually observed for color, foam, outfall staining,
visible sheens and dry weather flow, prior to release of the accumulated stormwater. Accumulated
stormwater shall be released if found to be uncontaminated by any material. Records documenting
the individual making the observation, the description of the accumulated stormwater, and the date
and time of the release shall be kept for a period of five (5) years. For facilities subject to a federal oil
Spill Prevention, Control, and Countermeasure Plan (SPCC), any portion of the SPCC Plan fully
compliant with the requirements of this permit may be used to demonstrate compliance with this
permit.
(c) BMP Summary. A listing of site structural and non-structural Best Management Practices (BMPs)
shall be provided. The installation and implementation of BMPs shall be based on the assessment of
the potential for sources to contribute significant quantities of pollutants to stormwater discharges
and on data collected through monitoring of stormwater discharges. The BMP Summary shall include
a written record of the specific rationale for installation and implementation of the selected site BMPs.
The BMP Summary shall be reviewed and updated annually.
3. Spill Prevention and Response Procedures. The Spill Prevention and Response Procedures (SPRP) shall
incorporate an assessment of potential pollutant sources based on a materials inventory of the facility.
Facility personnel responsible for implementing the SPRP shall be identified in a written list incorporated
into the SPRP and signed and dated by each individual acknowledging their responsibilities for the plan.
A responsible person shall be on-site at all times during facility operations that have increased potential
to contaminate stormwater runoff through spills or exposure of materials associated with the facility
operations. The SPRP must be site stormwater specific. Therefore, an oil Spill Prevention Control and
Countermeasure plan (SPCC) may be a component of the SPRP, but may not be sufficient to completely
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address the stormwater aspects of the SPRP. The common elements of the SPCC with the SPRP may be
incorporated by reference into the SPRP.
4. Preventative Maintenance and Good Housekeeping Program. A preventative maintenance and good
housekeeping program shall be developed and implemented. The program shall address all stormwater
control systems (if applicable), stormwater discharge outfalls, all on-site and adjacent surface waters and
wetlands, industrial activity areas (including material storage areas, material handling areas, disposal
areas, process areas, loading and unloading areas, and haul roads), all drainage features and structures,
and existing structural BMPs. The program shall establish schedules of inspections, maintenance, and
housekeeping activities of stormwater control systems, as well as facility equipment, facility areas, and
facility systems that present a potential for stormwater exposure or stormwater pollution where not
already addressed under another element of the SPPP. Inspection of material handling areas and regular
cleaning schedules of these areas shall be incorporated into the program. Timely compliance with the
established schedules for inspections, maintenance, and housekeeping shall be recorded and maintained
in the SPPP.
5. Facility Inspections. Inspections of the facility and all stormwater systems shall occur as part of the
Preventative Maintenance and Good Housekeeping Program at a minimum on a semi-annual schedule,
once during the first half of the year (January to June), and once during the second half (July to December),
with at least 60 days separating inspection dates (unless performed more frequently than semi-annually).
These facility inspections are different from, and in addition to, the stormwater discharge characteristic
monitoring at the outfalls required in Part I Section B.(1.).
6. Employee Training. Training programs shall be developed and training provided at a minimum on an
annual basis for facility personnel with responsibilities for: spill response and cleanup, preventative
maintenance activities, and for any of the facility's operations that have the potential to contaminate
stormwater runoff. The facility personnel responsible for implementing the training shall be identified,
and their annual training shall be documented by the signature of each employee trained.
7. Responsible Party. The SPPP shall identify a specific position or positions responsible for the overall
coordination, development, implementation, and revision of the SPPP. Responsibilities for all
components of the SPPP shall be documented and position assignments provided.
8. SPPP Amendment and Annual Update. The permittee shall amend the SPPP whenever there is a change
in design, construction, operation, site drainage, maintenance, or configuration of the physical features
which may have a significant effect on the potential for the discharge of pollutants to surface waters. All
aspects of the SPPP shall be reviewed and updated on an annual basis. The annual update shall include:
(a) an updated list of significant spills or leaks of pollutants for the previous three (3) years, or the
notation that no spills have occurred (element of the Site Overview);
(b) a written re-certification that the stormwater outfalls have been evaluated for the presence of non-
stormwater discharges (element of the Site Overview);
(c) a documented re-evaluation of the effectiveness of the on-site stormwater BMPs (BMP
Summary element of the Stormwater Management Strategy).
(d) a review and comparison of sample analytical data to benchmark values (if applicable) over the
past year, including a discussion about Tiered Response status. The permittee shall use the
Annual Summary Data Monitoring Report (DMR) form, available from the DEMLR
Stormwater Permitting Program’s website (See ‘Monitoring Forms’ here:
http://portal.ncdenr.org/web/lr/npdes-stormwater).
The Director may notify the permittee when the SPPP does not meet one or more of the minimum
requirements of the permit. Within 30 days of such notice, the permittee shall submit a time schedule to
the Director for modifying the SPPP to meet minimum requirements. The permittee shall provide
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certification in writing in accordance with Part II, Standard Conditions, Section B, Paragraph 11 to the
Director that the changes have been made.
9. SPPP Implementation. The permittee shall implement the Stormwater Pollution Prevention Plan and all
appropriate BMPs consistent with the provisions of this permit, in order to control contaminants entering
surface waters via stormwater. Implementation of the SPPP shall include documentation of all
monitoring, measurements, inspections, maintenance activities, and training provided to employees,
including the log of the sampling data and of actions taken to implement BMPs associated with the
industrial activities, including vehicle maintenance activities. Such documentation shall be kept on-site
for a period of five (5) years and made available to the Director or the Director’s authorized representative
immediately upon request.
B.(3.) STORMWATER DEFINITIONS
1. Adverse Weather
Adverse conditions are those that are dangerous or create inaccessibility for personnel, such as local
flooding, high winds, or electrical storms, or situations that otherwise make sampling impractical.
When adverse weather conditions prevent the collection of samples during the sample period, the
permittee must take a substitute sample or perform a visual assessment during the next qualifying
storm event. Documentation of an adverse event (with date, time and written narrative) and the
rationale must be included with your SPPP records. Adverse weather does not exempt the permittee
from having to file a monitoring report in accordance with the sampling schedule. Adverse events
and failures to monitor must also be explained and reported on the relevant DMR.
2. Allowable Non-Stormwater Discharges
Non-stormwater discharges which shall be allowed in the stormwater conveyance system include:
a. Uncontaminated groundwater, foundation drains, air-conditioner condensate without added
chemicals, springs, discharges of uncontaminated potable water, waterline and fire hydrant
flushings, water from footing drains, flows from riparian habitats and wetlands.
b. Discharges resulting from fire-fighting or fire-fighting training, or emergency shower or eye wash
as a result of use in the event of an emergency.
3. Best Management Practices (BMPs)
Measures or practices used to reduce the amount of pollution entering surface waters. BMPs may
take the form of a process, activity, or physical structure. More information on BMPs can be found at:
https://www.epa.gov/npdes/national-menu-best-management-practices-bmps-stormwater#edu.
4. Bypass (stormwater)
A bypass is the known diversion of stormwater from any portion of a stormwater control facility
including the collection system, which is not a designed or established operating mode for the facility.
5. Bulk Storage of Liquid Products
Liquid raw materials, intermediate products, manufactured products, waste materials, or by-products
with a single above ground storage container having a capacity of greater than 660 gallons or with
multiple above ground storage containers located in close proximity to each other having a total
combined storage capacity of greater than 1,320 gallons.
6. DEMLR
The Division of Energy, Mineral, and Land Resources.
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7. Landfill
A disposal facility or part of a disposal facility where waste is placed in or on land and which is not a
land treatment facility, a surface impoundment, an injection well, a hazardous waste long-term
storage facility or a surface storage facility.
8. Measureable Storm Event
A storm event that results in an actual discharge from the permitted site outfall. The previous
measurable storm event must have been at least 72 hours prior. The 72-hour storm interval may not
apply if the permittee is able to document that a shorter interval is representative for local storm events
during the sampling period, and obtains approval from the local DEMLR Regional Office. Two copies
of this information and a written request letter shall be sent to the local DEMLR Regional Office. After
authorization by the DEMLR Regional Office, a written approval letter must be kept on site in the
permittee’s SPPP.
9. No Exposure
A condition of no exposure means that all industrial materials and activities are protected by a storm
resistant shelter or acceptable storage containers to prevent exposure to rain, snow, snowmelt, or
runoff. Industrial materials or activities include, but are not limited to, material handling equipment
or activities, industrial machinery, raw materials, intermediate products, by-products, final products,
or waste products [40 CFR 122.26 (b)(14)]. DEMLR may grant a No Exposure Exclusion from NPDES
Stormwater Permitting requirements only if a facility complies with the terms and conditions
described in 40 CFR §122.26(g).
10. Point Source Discharge of Stormwater
Any discernible, confined and discrete conveyance including, but not specifically limited to, any pipe,
ditch, channel, tunnel, conduit, well, or discrete fissure from which stormwater is or may be
discharged to waters of the state.
11. Representative Outfall Status
When it is established that the discharge of stormwater runoff from a single outfall is representative of the
discharges at multiple outfalls, the Division may grant representative outfall status. Representative outfall
status allows the permittee to perform analytical monitoring at a reduced number of outfalls.
12. Secondary Containment
Spill containment for the contents of the single largest tank within the containment structure plus
sufficient freeboard to contain the 25-year, 24-hour storm event.
13. Section 313 Water Priority Chemical
A chemical or chemical category which:
a. Is listed in 40 CFR 372.65 pursuant to Section 313 of Title III of the Superfund Amendments and
Reauthorization Act (SARA) of 1986, also titled the Emergency Planning and Community Right-
to-Know Act of 1986;
b. Is present at or above threshold levels at a facility subject to SARA title III, Section 313 reporting
requirements; and
c. Meets at least one of the following criteria:
i. Is listed in appendix D of 40 CFR part 122 on Table II (organic priority pollutants), Table III
(certain metals, cyanides, and phenols) or Table IV (certain toxic pollutants and hazardous
substances);
ii. Is listed as a hazardous substance pursuant to section 311(b)(2)(A) of the CWA at 40 CFR
116.4; or
iii. Is a pollutant for which EPA has published acute or chronic water quality criteria.
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14. Significant Materials
Includes, but is not limited to: raw materials; fuels; materials such as solvents, detergents, and plastic
pellets; finished materials such as metallic products; raw materials used in food processing or
production; hazardous substances designated under section 101(14) of CERCLA; any chemical the
facility is required to report pursuant to section 313 of Title III of SARA; fertilizers; pesticides; and
waste products such as ashes, slag and sludge that have the potential to be released with stormwater
discharges.
15. Significant Spills
Includes, but is not limited to: releases of oil or hazardous substances in excess of reportable quantities
under section 311 of the Clean Water Act (Ref: 40 CFR 110.3and 40 CFR 117.3) or section 102 of
CERCLA (Ref: 40 CFR 302.4).
16. Stormwater Discharge Outfall (SDO)
The point of departure of stormwater from a discernible, confined, or discrete conveyance, including
but not limited to, storm sewer pipes, drainage ditches, channels, spillways, or channelized collection
areas, from which stormwater flows directly or indirectly into waters of the State of North Carolina.
17. Stormwater Runoff
The flow of water which results from precipitation and which occurs immediately following rainfall
or as a result of snowmelt.
18. Stormwater Associated with Industrial Activity
The discharge from any point source which is used for collecting and conveying stormwater and
which is directly related to manufacturing, processing or raw material storage areas at an industrial
site. Facilities considered to be engaged in "industrial activities" include those activities defined in 40
CFR 122.26(b)(14). The term does not include discharges from facilities or activities excluded from the
NPDES program.
19. Stormwater Pollution Prevention Plan
A comprehensive site-specific plan which details measures and practices to reduce stormwater
pollution and is based on an evaluation of the pollution potential of the site.
20. Total Maximum Daily Load (TMDL)
TMDLs are written plans for attaining and maintaining water quality standards, in all seasons, for a
specific water body and pollutant. A list of approved TMDLs for the state of North Carolina can be
found at http://portal.ncdenr.org/web/wq/ps/mtu/tmdl.
21. Vehicle Maintenance Activity
Vehicle rehabilitation, mechanical repairs, painting, fueling, lubrication, vehicle cleaning operations,
or airport deicing operations.
22. Visible Sedimentation
Solid particulate matter, both mineral and organic, that has been or is being transported by water, air,
gravity, or ice from its site of origin which can be seen with the unaided eye.
23. 25-year, 24 hour Storm Event
The maximum 24-hour precipitation event expected to be equaled or exceeded, on the average, once
in 25 years.
Permit NC0004308
Page 19 of 27
SECTION C - SPECIAL CONDITIONS
C.(1.) ACUTE TOXICITY PASS/FAIL PERMIT LIMIT (Quarterly; Outfall 005) [15A NCAC 02B .0200 et
seq.]
The permittee shall conduct acute toxicity tests on a quarterly basis 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 or subsequent versions). The monitoring shall be performed
as a Fathead Minnow (Pimephales promelas) 24 hour static test. The effluent concentration at which there may
be at no time significant acute mortality is 90% (defined as treatment two in the procedure document). The
tests will be performed once during each calendar quarter (January-March, April-June, July-September and
October-December). 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.
Should any single quarterly monitoring indicate a failure to meet specified limits, then monthly monitoring
will begin immediately until such time that a single test is passed. Upon passing, this monthly test
requirement will revert to quarterly in the months specified above.
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 TGE6C.
Additionally, DWR Form AT-2 (original) is to be sent to the following address:
Attention: North Carolina Division of Water Resources
Aquatic Toxicology Branch, Water Sciences Section
1621 Mail Service Center
Raleigh, North Carolina 27699-1621
Completed Aquatic Toxicity Test Forms shall be filed with the Aquatic Toxicology Branch no later than 30
days after the end of the reporting period for which the report is made.
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 a month in which toxicity monitoring is required,
the permittee will complete the information located at the top of the aquatic toxicity (AT) test form indicating
the facility name, permit number, pipe number, county, and the month/year of the report with the notation
of “No Flow” in the comment area of the form. The report shall be submitted to the Environmental Sciences
Section at the address cited above.
Should the permittee fail to monitor during a month in which toxicity monitoring is required, then monthly
monitoring will begin immediately until such time that a single test is passed. Upon passing, this monthly test
requirement will revert to quarterly in the months specified above. Assessment of toxicity compliance is based
on the toxicity testing quarter, which is the three month time interval that begins on the first day of the month
in which toxicity testing is required by this permit and continues until the final day of the third month.
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, this permit may be re-opened
and modified to include alternate monitoring requirements or limits.
Permit NC0004308
Page 20 of 27
If the Permittee monitors any pollutant more frequently than required by this permit, the results of such
monitoring shall be included in the calculation & reporting of the data submitted on the DMR & all AT Form
submitted.
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 the initial monitoring.
C.(2.) ACUTE TOXICITY MONITORING (Quarterly; Outfalls 011 and 013) [15A NCAC 02B .0200 et seq.]
The permittee shall conduct acute toxicity tests on a quarterly basis using protocols defined as definitive in
E.P.A. Document EPA/600/4-90/027 entitled “Methods for Measuring the Acute Toxicity of Effluents to
Freshwater and Marine Organisms.” The monitoring shall be performed as a Fathead Minnow (Pimephales
promelas) 24-hour static test. Effluent samples for self-monitoring purposes must be obtained during
representative effluent discharge below all waste treatment. The tests will be performed on a discharge event
during each calendar quarter (January-March, April-June, July-September and October-December).
The parameter code for this test is TAE6C. All toxicity testing results required as part of this permit condition
will be entered on the Effluent Discharge Form (MR-1) for the month in which it was performed, using the
appropriate parameter code. Additionally, DWR Form AT-1 (original) is to be sent to the following address:
Attention: North Carolina Division of Water Resources
Aquatic Toxicology Branch, Water Sciences Section
1621 Mail Service Center
Raleigh, North Carolina 27699-1621
Completed Aquatic Toxicity Test Forms shall be filed with the Aquatic Toxicology Branch no later than 30
days after the end of the reporting period for which the report is made
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 a quarter in which toxicity monitoring is
required, the permittee will complete the information located at the top of the aquatic toxicity (AT) test form
indicating the facility name, permit number, pipe number, county, and the month/year of the report with the
notation of “No Flow” in the comment area of the form. The report shall be submitted to the Environmental
Sciences Branch at the address cited above.
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, this permit may be re-opened and
modified to include alternate monitoring requirements or limits.
NOTE: Failure to achieve test conditions as specified in the cited document, such as minimum control
organism survival and appropriate environmental controls, shall constitute an invalid test and will
require immediate follow-up testing to be completed no later than the last day of the month following
the month of the initial monitoring.
Permit NC0004308
Page 21 of 27
C.(3.) CHRONIC TOXICITY PASS/FAIL PERMIT LIMIT (Quarterly; Outfall 012) [15A NCAC 02B .0200
et seq.]
The effluent discharge shall at no time exhibit observable inhibition of reproduction or significant mortality
to Ceriodaphnia dubia at an effluent concentration of 3.8 % at Outfall 012.
The permit holder shall perform at a minimum, quarterly monitoring using test procedures outlined in the
“North Carolina Ceriodaphnia Chronic Effluent Bioassay Procedure,” Revised February 1998, or subsequent
versions or “North Carolina Phase II Chronic Whole Effluent Toxicity Test Procedure” (Revised-February
1998) or subsequent versions. Effluent samples for self-monitoring purposes must be obtained during
representative effluent discharge below all waste treatment. The tests will be performed once during each
calendar quarter (January-March, April-June, July-September and October-December).
If the test procedure performed as the first test of any single quarter 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 as described in “North Carolina Phase II Chronic Whole Effluent Toxicity Test Procedure”
(Revised-February 1998) or subsequent versions.
The chronic value for multiple concentration tests will be determined using the geometric mean of the highest
concentration having no detectable impairment of reproduction or survival and the lowest concentration that
does have a detectable impairment of reproduction or survival. The definition of “detectable impairment,”
collection methods, exposure regimes, and further statistical methods are specified in the “North Carolina
Phase II Chronic Whole Effluent Toxicity Test Procedure” (Revised-February 1998) or subsequent versions.
All toxicity testing results required as part of this permit condition will be entered on the Effluent Discharge
Monitoring Form (MR-1) for the months in which tests were performed, using the parameter code TGP3B for
the pass/fail results and THP3B for the Chronic Value. Additionally, DWR Form AT-3 (original) is to be sent
to the following address:
Attention: North Carolina Division of Water Resources
Aquatic Toxicology Branch, Water Sciences Section
1621 Mail Service Center
Raleigh, North Carolina 27699-1621
Completed Aquatic Toxicity Test Forms shall be filed with the Aquatic Toxicology Branch no later than 30
days after the end of the reporting period for which the report is made.
Test data shall be complete, accurate, include all supporting chemical/physical measurements and all
concentration/response data, and be certified by laboratory supervisor and ORC or approved designate
signature. 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 a quarter in which toxicity monitoring is
required, the Permittee will complete the information located at the top of the aquatic toxicity (AT) test form
indicating the facility name, permit number, pipe number, county, and the month/year of the report with the
notation of “No Flow” in the comment area of the form. The report shall be submitted to the Environmental
Sciences Branch at the address cited above.
Should the Permittee fail to monitor during a month in which toxicity monitoring is required, monitoring will
be required during the following month.
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, this permit may be re-opened and
modified to include alternate monitoring requirements or limits.
NOTE: Failure to achieve test conditions as specified in the cited document, such as minimum control
organism survival, 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 the initial monitoring.
Permit NC0004308
Page 22 of 27
C.(4.) ACUTE TOXICITY MONITORING (Annual; Outfall 019) [15A NCAC 02B .0200 et seq.]
The permittee shall conduct annual toxicity tests using protocols defined as definitive in E.P.A. Document
EPA/600/4–90/027 entitled “Methods for Measuring the Acute Toxicity of Effluents to Freshwater and
Marine Organisms.” The monitoring shall be performed as a Fathead Minnow (Pimephales promelas) 24-hour
static test. Effluent samples for self-monitoring purposes must be obtained below all waste treatment. The
permittee will conduct one test annually, with the annual period beginning in January of the calendar year
of the effective date of the permit.
The annual toxicity test must be performed by June 30. Should there be no discharge of flow from the facility
during the six month period January 1-June 30, the permittee will complete the information located at the top
of the aquatic toxicity (AT) test form indicating the facility name, permit number, pipe number, county and
in the comments section indicate “No Flow for January 1-June 30, {calendar year}.” The report must be signed
and submitted to the Environmental Sciences Section at the address noted below.
If no discharge event occurs from January 1-June 30, yet a discharge event occurs from July 1-December 31,
then the facility must perform toxicity monitoring and report the data as noted below.
The parameter code for this test is TAE6C. All toxicity testing results required as part of this permit condition
will be entered on the Effluent Discharge Form (MR-1) for the month in which it was performed, using the
appropriate parameter code. Additionally, DWR Form AT-1 (original) is to be sent to the following address:
Attention: North Carolina Division of Water Resources
Aquatic Toxicology Branch, Water Sciences Section
1621 Mail Service Center
Raleigh, North Carolina 27699-1621
Completed Aquatic Toxicity Test Forms shall be filed with the Aquatic Toxicology Branch no later than 30
days after the end of the reporting period for which the report is made.
Test data shall be complete and accurate and include all supporting chemical/physical measurements
performed in association with the toxicity tests, as well as all dose/response data. Total residual chlorine of
the effluent toxicity sample must be measured and reported if chlorine is employed for disinfection of the
waste stream.
Should any 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, this permit may be re-opened
and modified to include alternate monitoring requirements or limits.
NOTE: Failure to achieve test conditions as specified in the cited document, such as minimum control
organism survival and appropriate environmental controls, shall constitute an invalid test and will require
immediate follow-up testing to be completed no later than the last day of the month following the month of
the initial monitoring.
C.(5.) PERMIT REOPENER [G.S. 143-215.1(b)]
The permitttee shall notify the Division if any industrial activity is proposed to take place at the facility which
changes the characteristics of the wastewaters as authorized in this permit or adds additional sources of
wastewater. A notification shall be submitted to the Division describing the new activities and expected
wastewater characteristics 90 days prior to proposed start of operations.
Permit NC0004308
Page 23 of 27
C.(6.) 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)]
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. Until such time that the state’s eDMR application
is compliant with EPA’s Cross-Media Electronic Reporting Regulation (CROMERR), permittees will be
required to submit all discharge monitoring data to the state electronically using eDMR and will be
required to complete the eDMR submission by printing, signing, and submitting one signed original and
a copy of the computer printed eDMR 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
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.
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, 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).
Permit NC0004308
Page 24 of 27
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 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)]
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
Permit NC0004308
Page 25 of 27
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.)]
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].
C.(7.) MIXING ZONE (Outfall 012)
(a.) The mixing zone for outfall 012 consists of a circular area with a radius of 5.6 m from the diffuser.
(b.) Instream Sampling shall be collected as follows:
PARAMETER MONITORING REQUIREMENTS
Measurement
Frequency
Sample
Type Sample Location 1
pH Monthly Grab MZ1, MZ2, MZ3
Total Cyanide Monthly Grab MZ1, MZ2, MZ3
Total Fluoride Monthly Grab MZ1, MZ2, MZ3
Trichloroethylene (TCE) Monthly Grab MZ1, MZ2, MZ3
Footnote:
1. MZ1 – Lake Badin 20 feet from the diffuser on a parallel line projected from the diffuser. MZ2 - Lake
Badin 20 feet from the diffuser on a perpendicular line projected from the diffuser (oriented SE). MZ3
- Lake Badin 20 feet from the diffuser on a perpendicular line projected from the diffuser (oriented
NW). For each instream sampling location, samples must be collected at the surface and at depth of
approximately 3.5 meters.
(c.) Sampling results shall be reported in the DMRs. See special condition C.(6.)
Permit NC0004308
Page 26 of 27
N ⤉
Badin Business Park – Stanly County
Receiving Stream: Badin Lake (Yadkin River) and UT to Little Mountain Creek
Stream Classification: WS-IV CA & B and WS-IV
River Basin: Yadkin/Pee Dee
Sub-Basin #: 03-07-08
USGS Quad #: F18NE, F18NW Badin & New London, NC
Location Map
Outfall 002
Outfall 004
Outfall 005
Outfall 011
Outfall 013 Outfall 019
Badin Lake
NPDES Permit No. NC0004308
Outfall 017
Outfall 018
Outfall 022 Outfall 020
Outfall 012
Outfall 022
Permit NC0004308
Page 27 of 27
Table 1. Outfall Locations
Outfall Latitude Longitude
002 35° 24’ 29.89” 80° 6’ 54.48”
004 35° 24’ 11.58” 80° 7’ 11.38”
005 35° 24’ 9.25” 80° 7’ 14.73”
011 35° 24’ 42.59” 80° 6’ 53.49”
012 35° 24’ 43.13” 80° 6’ 50.04”
013 35° 24’ 50.78” 80° 6’ 59.26”
017 35° 24’ 9.04” 80° 7’ 14.75”
018 35° 24’ 12.64” 80° 7’ 34.48”
019 35° 24’ 46.88” 80° 6’ 16.53”
020 35° 24’ 31.45” 80° 6’ 57.02”
022 35° 24’ 7.45” 80° 7’ 23.99”