HomeMy WebLinkAboutNC0060593_Fact Sheet_20210621DocuSign Envelope ID: 55658054-4F00-48D8-B134-FAD006A0066F
Fact Sheet
NPDES Permit No. NC0060593
Permit Writer/Email Contact Emily Phillips
Date: February 17, 2021
Division/Branch: NC Division of Water Resources/NPDES Complex Permitting
Fact Sheet Template: Version 09Jan2017
Permitting Action:
❑X Renewal
❑ Renewal with Expansion
❑ New Discharge
❑ Modification (Fact Sheet should be tailored to mod request)
Note: A complete application should include the following:
• For New Dischargers, EPA Form 2A or 2D requirements, Engineering Alternatives Analysis, Fee
• For Existing Dischargers (POTW), EPA Form 2A, 3 effluent pollutant scans, 4 2nd species WET
tests.
• For Existing Dischargers (Non-POTW), EPA Form 2C with correct analytical requirements based
on industry category.
Complete applicable sections below. If not applicable, enter NA.
1. Basic Facility Information
Facility Information
Applicant/Facility Name:
Aqua NC, Inc./Spinnaker Bay WWTP
Applicant Address:
202 Mackenan Court, Cary NC 27511
Facility Address:
Spinnaker Bay Drive, Sherrill's Ford NC
Permitted Flow:
0.0125 MGD
Facility Type/Waste:
Minor Municipal; 100% domestic
Facility Class:
Class II
Treatment Units:
> Dual equalization basins
> Dual clarifiers
➢ Chlorine contact tank with chlorinator
➢ De -chlorination facilities
> Aerated sludge holding tank
> Standby power generator
➢ Flow recorder
Pretreatment Program (Y/N)
N
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DocuSign Envelope ID: 55658054-4F00-48D8-B134-FAD006A0066F
County:
Catawba
Region
Mooresville
Briefly describe the proposed permitting action and facility background: Spinnaker Bay WWTP has
applied for an NPDES permit renewal at 0.0125MGD. The facility has a single Outfall 001.
2. Receiving Waterbodv Information:
Outfalls/Receiving Stream(s):
Outfall 001— Mountain
Creek (Lake Norman)
Stream Segment:
11-96
Stream Classification:
WS-IV; CA
303(d) listed/parameter:
N/A
Basin/Sub-basin:
Catawba/03-08-32
3. Effluent Data Summary
Table. Effluent Data Summary Outfall 001
EFFLUENT
CHARACTERISTICS
MONITORING & LIMITS
Monthly
Average
Daily
Maximum
Measurement
Frequency
Sample
Type
Sample
Location
Flow
[50050]
0.0125 MGD
Continuous
Recording
Influent or Effluent
BOD, 5 day (20°C)
[C0310]
30.0 mg/L
45.0 mg/L
Weekly
Grab
Effluent
Total Suspended Solids
[C0530]
30.0 mg/L
45.0 mg/L
Weekly
Grab
Effluent
NH3 as N (mg/L)
[C0610]
2/Month
Grab
Effluent
Fecal Coliform [31616]
(geometric mean)
200 / 100 ml
400 / 100 ml
Weekly
Grab
Effluent
Total Residual Chlorine 2
[50060]
28 pg/L
2/Week
Grab
Effluent
Page 2 of 9
DocuSign Envelope ID: 55658054-4F00-48D8-B134-FAD006A0066F
Dissolved Oxygen 3 (mg/l-)
[00300]
Weekly
Grab
Effluent
Temperature (°C)
[00010]
Weekly
Grab
Effluent
pH (SU)
[00400]
> 6.0 and < 9.0 standard units
Weekly
Grab
Effluent
4. Instream Data Summary
Instream monitoring may be required in certain situations, for example: 1) to verify model predictions
when model results for instream DO are within 1 mg/1 of instream standard at full permitted flow; 2) to
verify model predictions for outfall diffuser; 3) to provide data for future TMDL; 4) based on other
instream concerns. Instream monitoring may be conducted by the Permittee, and there are also
Monitoring Coalitions established in several basins that conduct instream sampling for the Permittee (in
which case instream monitoring is waived in the permit as long as coalition membership is maintained).
If applicable, summarize any instream data and what instream monitoring will be proposed for this
permit action: N/A
Is this facility a member of a Monitoring Coalition with waived instream monitoring (Y/N): NO
Name of Monitoring Coalition: N/A
5. Compliance Summary
Summarize the compliance record with permit effluent limits (past 5 years): No limit violations, but
frequency violations for temperature and flow in 2016.
No major activities or problems with this facility.
Summarize the compliance record with aquatic toxicity test limits and any second species test results
(past 5 years): N/A
Summarize the results from the most recent compliance inspection: Last inspection occurred 8/27/2019,
no documentation in file.
6. Water Quality -Based Effluent Limitations (WQBELs)
Dilution and Mixing Zones
In accordance with 15A NCAC 2B.0206, the following stream flows are used for dilution considerations
for development of WQBELs: 1 Q 10 streamflow (acute Aquatic Life); 7Q10 streamflow (chronic Aquatic
Life; non -carcinogen HH); 30Q2 streamflow (aesthetics); annual average flow (carcinogen, HH).
If applicable, describe any other dilution factors considered (e.g., based on CORMIX model results): NA
If applicable, describe any mixing zones established in accordance with 15A NCAC 2B. 0204(b): NA
Page 3 of 9
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Oxygen -Consuming Waste Limitations
Limitations for oxygen -consuming waste (e.g., BOD) are generally based on water quality modeling to
ensure protection of the instream dissolved oxygen (DO) water quality standard. Secondary TBEL limits
(e.g., BOD= 30 mg/1 for Municipals) may be appropriate if deemed more stringent based on dilution and
model results.
If permit limits are more stringent than TBELs, describe how limits were developed: NA
Ammonia and Total Residual Chlorine Limitations
Limitations for ammonia are based on protection of aquatic life utilizing an ammonia chronic criterion of
1.0 mg/1 (summer) and 1.8 mg/1 (winter). Acute ammonia limits are derived from chronic criteria,
utilizing a multiplication factor of 3 for Municipals and a multiplication factor of 5 for Non -Municipals.
Limitations for Total Residual Chlorine (TRC) are based on the NC water quality standard for protection
of aquatic life (17 ug/1) and capped at 28 ug/1 (acute impacts). Due to analytical issues, all TRC values
reported below 50 ug/1 are considered compliant with their permit limit.
Describe any proposed changes to ammonia and/or TRC limits for this permit renewal: There are no
proposed changes.
Reasonable Potential Analysis (RPA) for Toxicants NA
If applicable, conduct RPA analysis and complete information below.
The need for toxicant limits is based upon a demonstration of reasonable potential to exceed water quality
standards, a statistical evaluation that is conducted during every permit renewal utilizing the most recent
effluent data for each outfall. The RPA is conducted in accordance with 40 CFR 122.44 (d) (i). The NC
RPA procedure utilizes the following: 1) 95% Confidence Level/95% Probability; 2) assumption of zero
background; 3) use of/2 detection limit for "less than" values; and 4) stream flows used for dilution
consideration based on 15A NCAC 2B.0206. Effective April 6, 2016, NC began implementation of
dissolved metals criteria in the RPA process in accordance with guidance titled NPDES Implementation of
Instream Dissolved Metals Standards, dated June 10, 2016.
A reasonable potential analysis was conducted on effluent toxicant data collected between NA. Pollutants
of concern included toxicants with positive detections and associated water quality standards/criteria.
Based on this analysis, the following permitting actions are proposed for this permit:
• Effluent Limit with Monitoring. The following parameters will receive a water quality -based
effluent limit (WQBEL) since they demonstrated a reasonable potential to exceed applicable
water quality standards/criteria: NA
• Monitoring Only. The following parameters will receive a monitor -only requirement since they
did not demonstrate reasonable potential to exceed applicable water quality standards/criteria,
but the maximum predicted concentration was >50% of the allowable concentration: NA
• No Limit or Monitoring: The following parameters will not receive a limit or monitoring, since
they did not demonstrate reasonable potential to exceed applicable water quality
standards/criteria and the maximum predicted concentration was <50% of the allowable
concentration: NA
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• POTW Effluent Pollutant Scan Review: Three effluent pollutant scans were evaluated for
additional pollutants of concern.
o The following parameter(s) will receive a water quality -based effluent limit (WQBEL)
with monitoring, since as part of a limited data set, two samples exceeded the allowable
discharge concentration: NA
o The following parameter(s) will receive a monitor -only requirement, since as part of a
limited data set, one sample exceeded the allowable discharge concentration: NA
If applicable, attach a spreadsheet of the RPA results as well as a copy of the Dissolved Metals
Implementation Fact Sheet for freshwater/saltwater to this Fact Sheet. Include a printout of the RPA
Dissolved to Total Metal Calculator sheet if this is a Municipality with a Pretreatment Program.
Toxicity Testing Limitations
Permit limits and monitoring requirements for Whole Effluent Toxicity (WET) have been established in
accordance with Division guidance (per WET Memo, 8/2/1999). Per WET guidance, all NPDES permits
issued to Major facilities or any facility discharging "complex" wastewater (contains anything other than
domestic waste) will contain appropriate WET limits and monitoring requirements, with several
exceptions. The State has received prior EPA approval to use an Alternative WET Test Procedure in
NPDES permits, using single concentration screening tests, with multiple dilution follow-up upon a test
failure.
Describe proposed toxicity test requirement: NA
Mercury Statewide TMDL Evaluation
There is a statewide TMDL for mercury approved by EPA in 2012. The TMDL target was to comply
with EPA's mercury fish tissue criteria (0.3 mg/kg) for human health protection. The TMDL established a
wasteload allocation for point sources of 37 kg/year (81 lb/year), and is applicable to municipals and
industrial facilities with known mercury discharges. Given the small contribution of mercury from point
sources (-2% of total load), the TMDL emphasizes mercury minimization plans (MMPs) for point source
control. Municipal facilities > 2 MGD and discharging quantifiable levels of mercury (>1 ng/1) will
receive an MMP requirement. Industrials are evaluated on a case -by -case basis, depending if mercury is a
pollutant of concern. Effluent limits may also be added if annual average effluent concentrations exceed
the WQBEL value (based on the NC WQS of 12 ng/1) and/or if any individual value exceeds a TBEL
value of 47 ng/1
NA Table. Mercury Effluent Data Summary
# of Samples
Annual Average Conc. ng/L
Maximum Conc., ng/L
TBEL, ng/L
WQBEL, ng/L
Describe proposed permit actions based on mercury evaluation: NA
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Other TMDL/Nutrient Management Strategy Considerations
If applicable, describe any other TMDLs/Nutrient Management Strategies and their implementation
within this permit: NA
Other WQBEL Considerations
If applicable, describe any other parameters of concern evaluated for WQBELs: NA
If applicable, describe any special actions (HQW or ORW) this receiving stream and classification shall
comply with in order to protect the designated waterbody: NA
If applicable, describe any compliance schedules proposed for this permit renewal in accordance with
15A NCAC 2H 0107(c)(2)(B), 40CFR 122.47, and EPA May 2007 Memo: NA
If applicable, describe any water quality standards variances proposed in accordance with NCGS 143-
215.3(e) and 15A NCAC 2B. 0226 for this permit renewal: NA
7. Technology -Based Effluent Limitations (TBELs)
Municipals (if not applicable, delete and skip to Industrials)
Are concentration limits in the permit at least as stringent as secondary treatment requirements (30 mg/1
BOD5/TSS for Monthly Average, and 45 mg/l for BOD5/TSS for Weekly Average). YES
If NO, provide a justification for alternative limitations (e.g., waste stabilization pond). NA
Are 85% removal requirements for BOD5/TSS included in the permit? NA
If NO, provide a justification (e.g., waste stabilization pond). NA
Industrials (if not applicable, delete and skip to next Section) NA
Describe what this facility produces:
List the federal effluent limitations guideline (ELG) for this facility:
If the ELG is based on production or flow, document how the average production/flow value was
calculated:
For ELG limits, document the calculations used to develop TBEL limits:
Table. TBEL Development per NA
Pollutant
Daily Maximum
BPT/BAT
(lb/1000 lb)
Daily Maximum
Limit
(lb /d)
Monthly Average
BPT/BAT
(lb/1000 lb)
Monthly Average
Limit
(lb/d)
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If any limits are based on best professional judgement (BPJ), describe development: NA
Document any TBELs that are more stringent than WQBELs: NA
Document any TBELs that are less stringent than previous permit: NA
8. Antidegradation Review (New/Expanding Discharge):
The objective of an anti -degradation review is to ensure that a new or increased pollutant loading will not
degrade water quality. Permitting actions for new or expanding discharges require an anti -degradation
review in accordance with 15A NCAC 2B.0201. Each applicant for a new/expanding NPDES permit
must document an effort to consider non -discharge alternatives per 15A NCAC 2H.0105 (c)(2). In all
cases, existing instream water uses and the level of water quality necessary to protect the existing use is
maintained and protected.
If applicable, describe the results of the antidegradation review, including the Engineering Alternatives
Analysis (EAA) and any water quality modeling results: NA
9. Antibacksliding Review:
Sections 402(o)(2) and 303(d)(4) of the CWA and federal regulations at 40 CFR 122.44(1) prohibit
backsliding of effluent limitations in NPDES permits. These provisions require effluent limitations in a
reissued permit to be as stringent as those in the previous permit, with some exceptions where limitations
may be relaxed (e.g., based on new information, increases in production may warrant less stringent TBEL
limits, or WQBELs may be less stringent based on updated RPA or dilution).
Are any effluent limitations less stringent than previous permit (YES/NO): NO
If YES, confirm that antibacksliding provisions are not violated: NA
10. Monitoring Requirements
Monitoring frequencies for NPDES permitting are established in accordance with the following
regulations and guidance: 1) State Regulation for Surface Water Monitoring, 15A NCAC 2B.0500; 2)
NPDES Guidance, Monitoring Frequency for Toxic Substances (7/15/2010 Memo); 3) NPDES Guidance,
Reduced Monitoring Frequencies for Facilities with Superior Compliance (10/22/2012 Memo); 4) Best
Professional Judgement (BPJ). Per US EPA (Interim Guidance, 1996), monitoring requirements are not
considered effluent limitations under Section 402(o) of the Clean Water Act, and therefore anti -
backsliding prohibitions would not be triggered by reductions in monitoring frequencies.
For instream monitoring, refer to Section 4.
11. Electronic Reporting Requirements
The US EPA NPDES Electronic Reporting Rule was finalized on December 21, 2015. Effective
December 21, 2016, NPDES regulated facilities are required to submit Discharge Monitoring Reports
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(DMRs) electronically. Effective December 21, 2020, NPDES regulated facilities will be required to
submit additional NPDES reports electronically. This permit contains the requirements for electronic
reporting, consistent with Federal requirements.
12.Summary of Proposed Permitting Actions:
A. Table. Current Permit Conditions and Proposed Changes NA
Parameter
Current Permit
Proposed Change
Basis for Condition/Change
NA
MGD — Million gallons per day, MA - Monthly Average, WA — Weekly Average, DM — Daily Max
B. Table. it Conditions and Proposed Changes NA
Parameter
Current Permit
Proposed Change
Basis for Condition/Change
NA
Page 8 of 9
DocuSign Envelope ID: 55658054-4F00-48D8-B134-FAD006A0066F
MGD — Million gallons per day, MA - Monthly Average, WA — Weekly Average, DM — Daily Max
13. Public Notice Schedule:
Permit to Public Notice: 3/23/2021
Per 15A NCAC 2H .0109 & .0111, The Division will receive comments for a period of 30 days following
the publication date of the public notice. Any request for a public hearing shall be submitted to the
Director within the 30 days comment period indicating the interest of the party filing such request and the
reasons why a hearing is warranted.
14. Fact Sheet Addendum (if applicable):
Were there any changes made since the Draft Permit was public noticed (Yes/No): NO
If Yes, list changes and their basis below: NA
Page 9 of 9
DocuSign Envelope ID: 55658054-4F00-48D8-B134-FAD006A0066F
ruuut, i•l.'Lwv
North Carolina
Environmental
Management
Commission/NPD
ES Unit
1617 Mail Service
Center
Raleigh, NC
27699-1617
Notice of Intent
to Issue a
NPDES Waste-
water Permit
NC0060593
Spinnaker Bay
WWTP and
NC0036196
Clark Creek
WWTP
The North Caroli-
na Environmental
Management
Commission pro-
poses to issue a
NPDES wastewa-
ter discharge per-
mit to the
person(s) listed
below. Written
comments re-
garding the pro-
posed permit will
be accepted until
30 days after* the
punish date of
this notice. The
Director of the
NC Division of
Water Resources
(DWR) may hold
a l hearir,y
show:.there be a
sign,lcant degree
of F „Iic interest.
Please mail com-
ments and/or in-
formation re-
quests to DWR at
the above ad-
dress. Interested
persons may visit
the DWR at 512
N. Salisbury
Street, Raleigh,
NC 27604 to re-
view information
on file. Additional
information on
NPDES permits
and this notice
may be found on
our website:
http://deq.nc.gov/
about/divisions/w
ater-
resources/water-
resources-per-
mits/wastewater-
branch/npdes-
wastewater/pub-
lic-noiices,or by
calling (919) 707-
3601. Aqua North
Carolina, Inc. has
requested renew-
al of NPDES per-
mit NC0060593
for the Spinnaker
Bay Condomini-
ums WWTP in
Catawba County.
This permitted fa-
cility discharges
treated wastewa-
ter to Lake Nor-
man (Mountain
Creek Arm) in the
Catawba River
Ravin C:irrantly
This discharge
may affect future
allocations in this
portion of the wa-
tershed. The City
of Newton [1407
McKay Road,
Newton, NC] has
requested renew-
al of NPDES per-
mit NC0036196
for its Clark
Creek Wastewa-
ter Treatment
Plant, located in
Catawba County.
This permitted fa-
cility discharges
treated municipal
and industrial
wastewater to
Clark Creek, a
class C water in
the Catawba Riv-
er Basin. Current-
ly, BOD, ammo-
nia, fecal cote
form, dissolved
oxygen, pH, total
residual chlorine,
total copper and
total aluminum
are water quality
limited. This dis-
charge may affect
future allocations
in this segment of
Clark Creek.
Publish: March
27, 2021
DocuSign Envelope ID: 55658054-4F00-48D8-B134-FAD006A0066F
AQUA..
September 24, 2019
NCDENR / Division of Water Quality/ NPDES Unit
1617 Mail Service Center
Raleigh, NC 27699-0167
Re: Application for Permit Renewal
Aqua North Carolina, Inc.
Spinnaker Bay WWTP
NPDES No. NC0060593
Catawba County
Good Afternoon:
Enclosed are three (3) copies of the completed application Form D-WWTP. This
submittal includes the necessary attachments for your office to renew the subject
permit.
Should you need any additional information or assistance, please feel free to contact
me (919) 653-6965 or by e-mail at AAOwens@aquaamerica.com.
Sincerely,
Amanda Berger
Director, Environmental Compliance
Aqua North Carolina
Enc: NPDES Application, Form D
Spinnaker Bay NPDES Permit
202 MacKenan Court, Cary, NC, 27511 • 919.467.8712 • AquaAmerica.com
DocuSign Envelope ID: 55658054-4F00-48D8-B134-FAD006A0066F
NPDES APPLICATION - FORM D
For privately -owned treatment systems treating 100% domestic wastewaters <1.0 MGD
Mail the complete application to:
NC DEQ / DWR / NPDES
1617 Mail Service Center, Raleigh, NC 27699-1617
NPDES Permit
NC0060593
If you are completing this form in computer use the TAB key or the up - down arrows to move from one
field to the next. To check the boxes, click your mouse on top of the box. Otherwise, please print or type.
1. Contact Information:
Owner Name
Facility Name
Mailing Address
City
State / Zip Code
Telephone Number
Fax Number
e-mail Address
AQUA NORTH CAROLINA, INC.
SPINNAKER BAY WWTP
202 MACKENAN COURT
CARY
NORTH CAROLINA 27511
(919)653-5770
(919)460-1788
aaowens@aquaamerica. com
2. Location of facility producing discharge:
Check here if same address as above ❑
Street Address or State Road SPINNAKER BAY DRIVE
City
State / Zip Code
County
SHERRILLS FORD
NORTH CAROLINA
CATAWBA
3. Operator Information:
Name of the firm, public organization or other entity that operates the facility. (Note that this is not
referring to the Operator in Responsible Charge or ORC)
Name
Mailing Address
City
State / Zip Code
Telephone Number
Fax Number
e-mail Address
AQUA NORTH CAROLINA, INC.
202 MACKENAN COURT
CARY
NORTH CAROLINA 27511
(919)653-5770
(919)460-1788
aaowens@aquaamerica. com
1 of 3 Form-D 6/2017
DocuSign Envelope ID: 55658054-4F00-48D8-B134-FAD006A0066F
NPDES APPLICATION - FORM D
For privately -owned treatment systems treating 100% domestic wastewaters <1.0 MGD
4. Description of wastewater:
Facility Generating Wastewater(check all that apply):
Industrial ❑ Number of Employees
Commercial ❑ Number of Employees
Residential Number of Homes
School ❑ Number of Students/Staff
Other ❑ Explain:
Describe the source(s) of wastewater (example: subdivision, mobile home park, shopping centers,
restaurants, etc.):
Number of persons served: 1 Residential Connection Serving 38 Condominiums
5. Type of collection system
i Separate (sanitary sewer only) ❑ Combined (storm sewer and sanitary sewer)
6. Outfall Information:
Number of separate discharge points 1
Outfall Identification number(s) 001
Is the outfall equipped with a diffuser? ❑ Yes V No
7. Name of receiving stream(s) (NEW applicants: Provide a map showing the exact location of each
outfall):
Lake Norman (Catawba River Basin)
8. Frequency of Discharge: A/ Continuous ❑ Intermittent
If intermittent:
Days per week discharge occurs: Duration:
9. Describe the treatment system
List all installed components, including capacities, provide design removal for BOD, TSS, nitrogen and
phosphorus. If the space provided is not sufficient, attach the description of the treatment system in a
separate sheet of paper.
The 0.0125 MGD package plant consists of the following:
Dual Aeration Tanks
Dual Clarifiers
Chlorine Contact Tank with Chlorinator
De -chlorination Facilities
Aerated Sludge Holding Tank
Stand -By Power Generator
Flow Recorder
2 of 3 Form-D 6/2017
DocuSign Envelope ID: 55658054-4F00-48D8-B134-FAD006A0066F
Type
Hazardous Waste (RCRA)
UIC (SDWA)
NPDES
PSD (CAA)
Non -attainment program (CAA)
NPDES APPLICATION - FORM D
For privately -owned treatment systems treating 100% domestic wastewaters <1.0 MGD
10. Flow Information:
Treatment Plant Design flow 0.0125 MGD
Annual Average daily flow 0.002 MGD (for the previous 3 years)
Maximum daily flow 0.009 MGD (for the previous 3 years)
11. Is this facility located on Indian country?
❑ Yes A/ No
12. Effluent Data
NEW APPLICANTS: Provide data for the parameters listed. Fecal Coliform, Temperature and pH shall be grab
samples, for all other parameters 24-hour composite sampling shall be used. If more than one analysis is reported,
report daily maximum and monthly average. If only one analysis is reported, report as daily maximum.
RENEWAL APPLICANTS: Provide the highest single reading (Daily Maximum) and Monthly Average
over the past 36 months for parameters currently in your permit. Mark other parameters "N/A".
Parameter
Daily
Maximum
Monthly
Average
Units of
Measurement
Biochemical Oxygen Demand (BOD5)
9.4
1.89
MG/L
Fecal Coliform
250.0
4.4
#/100 ML
Total Suspended Solids
18.5
3.2
MG/L
Temperature (Summer)
30.0
24.9
° Celsius
Temperature (Winter)
18.0
12.1
° Celsius
pH
8.4
N/A
UNITS
13. List all permits, construction approvals and/or applications:
Permit Number Type
NESHAPS (CAA)
Ocean Dumping (MPRSA)
NC0060593 Dredge or fill (Section 404 or CWA)
Other
14. APPLICANT CERTIFICATION
I certify that I am familiar with the
best of my knowledge and belief such
Amanda Berger
Printed name of Person Signing
Permit Number
information contained in the application and that to the
information is true, complete, and accurate.
Director, Environmental Compliance
Title
Signature of Applicant Date
North Carolina General Statute 143-215.6 (b)(2) states: Any person who knowingly makes any false statement representation, or certification in any
application, record, report, plan, or other document files or required to be maintained under Article 21 or regulations of the Environmental Management
Commission implementing that Article, or who falsifies, tampers with, or knowingly renders inaccurate any recording or monitoring device or method
required to be operated or maintained under Article 21 or regulations of the Environmental Management Commission implementing that Article, shall be
guilty of a misdemeanor punishable by a fine not to exceed $25,000, or by imprisonment not to exceed six months, or by both. (18 U.S.C. Section 1001
provides a punishment by a fine of not more than $25,000 or imprisonment not more than 5 years, or both, for a similar offense.)
3 of 3 Form-D 6/2017
DocuSign Envelope ID: 55658054-4F00-48D8-B134-FAD006A0066F
AQUA..
SLUDGE MANAGEMENT PLAN
For
Aqua North Carolina, Inc.
No sludge will be treated on any wastewater treatment plant site operated
by Aqua N.C., Western Division
Where practical, sludge removed from an Aqua N.C., Western
Division facility will be transported via a contract hauler to another
Aqua N.C., Western Division facility for the purpose of "seeding" a
new or under loaded plant.
Unusable (or "dead") sludge will be removed by a contract hauler and
properly disposed of in accordance with NCGS 143-215.1. Contract
haulers used by Aqua N.C., Western Division will be required to
report the quantity of sludge transported and identify the location of
the proposed disposal site if the sludge is not taken to an existing
plant operated by Aqua N.C., Western Division. Aqua N.C., Western
Division has not entered into any agreement to accept sludge into its
facilities from plants not owned by them.
Aqua N.C., Western Division will keep records on the quantity of sludge
removed from each facility, the name of the contract hauler, and the
destination of the sludge (whether used in another plant or disposed of).
The information will be kept on file and will be made available to any
regulatory agency having jurisdiction over sludge treatment or disposal.
Aqua N.C., Western Division includes all of the facilities under the
jurisdiction of the Mooresville Regional Office.
202 MacKenan Court, Cary, NC, 27511 • 919.467.8712 • AquaAmerica.com
DocuSign Envelope ID: 55658054-4F00-48D8-B134-FAD006A0066F
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MG/L
° Celsius
° Celsius
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Measurement
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0
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v
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NPDES PERMIT NO.: NC0060593 PERMIT VERSION: 4.0 PERMIT STATUS: Active
FACILITY NAME: Spinnaker Bay WWTP CLASS: WW-2 COUNTY: Catawba
OWNER NAME: Aqua North Carolina Inc ORC: Dustin Allen Hester ORC CERT NUMBER: 1004304
GRADE: WW-2 ORC HAS CHANGED: No
eDMR PERIOD: 08.20113 (August 2018) VERSION: 1.0
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DocuSign Envelope ID: 55658054-4F00-48D8-B134-FAD006A0066F
NPDES PERMIT NO.: NC0060593 PERMIT VERSION: 4.0
FACILITY NAME: Spinnaker Bay WWTP CLASS: WW-2
OWNER NAME: Aqua North Carolina Inc ORC: Dustin Allen Hester
GRADE: WW-2 ORC HAS CHANGED: No
eDMR PERIOD: 09-2018 (September 2018) VERSION: 1.0
PERMIT STATUS: Active
COUNTY: Catawba
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DocuSign Envelope ID: 55658054-4F00-48D8-B134-FAD006A0066F
NPDES PERMIT NO.: NC0060593 PERMIT VERSION: 4.0 PERMIT STATUS: Active
FACILITY NAME: Spinnaker Bay WWTP CLASS: WW-2 COUNTY: Catawba
OWNER NAME: Aqua North Carolina Inc ORC: Dustin Allen Hester ORC CERT NUMBER: 1004304
GRADE: WW-2 ORC HAS CHANGED: No
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DocuSign Envelope ID: 55658054-4F00-48D8-B134-FAD006A0066F
NPDES PERMIT NO.: NC0060593 PERMIT VERSION: 4.0
FACILITY NAME: Spinnaker Day W W'1'P CLASS: WW-2
OWNER NAME: Aqua North Carolina Inc ORC: Dustin Allen Hester
GRADE: WW-2 ORC HAS CHANGED: No
cDMR PERIOD: 11-2018 (November 2018) VERSION: 1,0
PERMIT STATUS: Active
COUNTY: Catawba
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DocuSign Envelope ID: 55658054-4F00-48D8-B134-FAD006A0066F
NPDES PERMIT NO.: NC0060593 PERMIT VERSION: 4.0
FACILITY NAME: Spinnaker Hay WWTP CLASS: WW-2
OWNER NAME: Aqua North Carolina Inc ORC: Dustin Allen Hester
GRADE: WW-2 ORC HAS CHANGED: No
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**** No Reporting Reason: ENFRUSE = No Flow-Reuse/Recycle; ENVWTHR=NoVisilalion— AdverseWeather; NOFLOW=No Flow; HOLIDAY=NoVisitation— Holiday
DocuSign Envelope ID: 55658054-4F00-48D8-B134-FAD006A0066F
NPDES PERMIT NO.: NC0060593 PERMIT VERSION: 4,0 PERMIT STATUS: Active
FACILITY NAME: Spinnaker flay WWTP CLASS: WW-2 COUNTY: Catawba
OWNER NAME: Aqua North Carolina Inc ORC: Dustin Allen Hester ORC CERT NUMBER: 1004304
GRADE: WW-2 ORC HAS CHANGED: No
eDMR PERIOD: 01-2019 (January 2019) VERSION: 1.0
STATUS: Processed
SAMPLING LOCATION: EFFLUENT DISCHARGE NO.; 001 NO DISCHARGE*: NO
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0
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0.94
1
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14
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0
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0
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7
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0
0
0
0
0
73
!e"'NoReporting Reason: ENFRUSE=NoFlow-Reuse/Recycle; ENVWTHR — No Visitation — Adverse Weather; NOFLOW=No Flow; HOLIDAY=No Visitation — Holiday
DocuSign Envelope ID: 55658054-4F00-48D8-B134-FAD006A0066F
NPDES PERMIT NO.: NC0060593 PERMIT VERSION: 4.0
FACILITY NAME: Spinnaker Bay WWTP CLASS: WW-2
OWNER NAME: Aqua North Carolina Inc ORC: Dustin Allen Hester
GRADE: WW-2 ORC HAS CHANGED: No
eDMR PERIOD: 02-2019 (February 2019) VERSION: 1,0
PERMIT STATUS: Active
COUNTY: Catawba
ORC CERT NUMBER: 1004304
STATUS: Processed
SAMPLING LOCATION: EFFLUENT DISCHARGE NO.: 001 NO DISCHARGE*: NO
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8
•0*0NoReporting Reason: ENFRUSE=NoFlow-Reuse/Recycle; ENVW'rHR No Visitation —Advese Weather; NOFLOW No Flow; HOLIDAY No Visitation — Holiday
DocuSign Envelope ID: 55658054-4F00-48D8-B134-FAD006A0066F
NPDES PERMIT NO.: NC0060593 PERMIT VERSION: 4,0
FACILITY NAME: Spinnaker Bay WWTP CLASS: WW-2
OWNER NAME: Aqua North Carolina Inc ORC: Dustin Allen Hester
GRADE: WW-2 ORC HAS CHANGED: No
eDMR PERIOD: 03-2019 (March 2019) VERSION: 1.0
PERMIT STATUS: Active
COUNTY: Catawba
ORC CERT NUMBER: 1004304
STATUS: Processed
SAMPLING LOCATION: EFFLUENT DISCHARGE NO.: 001 NO DISCHARGE*: NO
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10 003097
13
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2 85
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5.65
3.806754
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0.009
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9 1
"'•NoReporting Reason: ENFRUSE=NoFlow-Reuse/Recycle; ENVWTHR=NoVisitation — Adverse Weather; NOFLOW = No Flow; HOLIDAY =No Visitation —Holiday
DocuSign Envelope ID: 55658054-4F00-48D8-B134-FAD006A0066F
NPDES PERMIT NO.: NC0060593 PERMIT VERSION: 4.0
FACILITY NAME: Spinnaker Bay WWTP CLASS: WW-2
OWNER NAME: Aqua North Carol ina Inc ORC: Dustin Allen Hester
GRADE: WW-2 ORC HAS CHANCED: No
eDMR PERIOD: 04-2019 (April 2019) VERSION: 1,0
PERMIT STATUS: Active
COUNTY: Catawba
ORC CERT NUMBER: 1004304
STATUS: Processed
SAMPLING LOCATION: EFFLUENT DISCHARGE NO.: 001 NO DISCHARGE*: NO
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29
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10
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0.002533
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1,8
0
2.225
9.15
1
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0.006
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0
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0
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0 001
13
6 4
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0
0
0
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}**°NeReporting Reason: ENFRUSE=NoFlow-Reuse/Recycle; ENVWTHR=NoVisitation — Adverse Weather; NOFLOW= No Flow; HOLIDAY= No Visitation —Holiday
DocuSign Envelope ID: 55658054-4F00-48D8-B134-FAD006A0066F
1NYUEJ YEK11111 1PIu.: NWuouJY.5 mum vrr 1,i'o: 4.0 PERMIT STATUS: Active
FACILITY NAME: Spinnaker Bay WWTP CLASS: WW-2 COUNTY: Catawba
OWNER NAME: Aqua North Carolina Inc ORC: Dustin Allen Hester ORC CERT NUMBER: 1004304
GRADE: WW-2 ORC HAS CHANGED: No
eDMR PERIOD: 05-2019 (May 2014) VERSION: LO
STATUS: Processed
SAMPLING LOCATION: EFFLUENT DISCHARGE NO.: 001 NO DISCHARGE*: NO
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***4NoReporting Reason: ENFRUSE=NoFlow-Reuse/Recycle; ENVWTI-IR=NoVisitation— AdverseWeather; NOFLOW = No Flow; HOLIDAY=No Visitation —Holiday
DocuSign Envelope ID: 55658054-4F00-48D8-B134-FAD006A0066F
NPDES PERMIT NO.: NC0060593 PERMIT VERSION: 4.0 PERMIT STATUS: Active
FACILITY NAME: Spinnaker Bay WWTP CLASS: WW-2 COUNTY: Catawba
OWNER NAME: Aqua North Carolina Inc ORC: Dustin Allen Hester ORC CERT NUMBER: 1004304
GRADE: WW-2 ORC HAS CHANGED: No
eDMR PERIOD: 06-2019 (June 2019) VERSION: 1.0
STATUS: Processed
SAMPLING LOCATION: EFFLUENT DISCHARGE NO.: 001 NO DISCHARGE*: NO
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m.9/I
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mWI
I1/100m1
1
24
N
0 002
2
24
N
0,002
3
24
1145
2
Y
0.002
<15
w
L
4
24
1145
175
Y
0,003
25
7.5
<15
71
945
24
830
2
Y
0,003
<2
<02
<2.5
<1
•6
24
1130
2
Y
0.001
7
24
1045
175
Y
0.001
la
24
N
0.001
9
24
N
0 002
10
24
1115
2 25
Y
0 001
<15
1 t
24
1200
2
Y
0 002
26
7 1
< 15
7.9
12
1015
24
830
2
Y
0.002
2,1
<2.5
<1
13
24
745
0 75
Y
0 001
14
24
715
0 75
Y
0 001
IS
24
N
0001
16
24
N
0,001
17
24
1130
2
Y
0.001
<15
10
24
1200
1.5
Y
0.004
27
7 5
< 15
7.7
19
1015
24
830
2
Y
0.003
<2
<02
<2.5
<1
20
24
730
0.75
Y
0,001
21
24
1130
2
Y
0001
22
24
N
2001
23
24
N
0 001
24
24
1100
2
Y
0 001
< 15
25
24
1145
1 75
Y
0 002
28
7 7
<15
7,5
26
1015
24
815
225
Y
0002
<2
<25
<1
27
24
1130
2
Y
0.001
2a
24
1000
1
Y
0 001
29
24
N
0.001
30
24
N
0 001
Mostly Avery, Ii0111:
6.0125
30
30
Monthly Average:
0001567
265
0
0525
0
0
7,55
I
Duly Masln.m.
0.004
28
7 7
0
2 1
0
0
7.9
D
DAD Mlneu0m:
0001
25
7.1
0
0
0
0
7,1
10
**** No Reporting Reason: ENFRUSE = No Flow-Reuse/Recycle; ENVWTHR=No Visitation —Adverse Weather; NOFLOW = No Flow; HOLIDAY = No Visitation — Holiday
DocuSign Envelope ID: 55658054-4F00-48D8-B134-FAD006A0066F`�=v PERMIT STATUS: Active
FACILITY NAME: Spinnaker Bay WWTP CLASS: WW-2 COUNTY: Catawba
OWNER NAME: Aqua North Carolina Inc ORC: Dustin Allen Hester ORC CERT NUMBER: 1004304
GRADE: WW-2 ORC HAS CHANGED: No
eDMR PERIOD: 07-2019 (July 2019) VERSION: 1.0
STATUS: Processed
SAMPLING LOCATION: EFFLUENT DISCHARGE NO.: 001 NO DISCHARGE*: NO
P
A
i
a
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m
0
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V'
1
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8
F
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<`t
i
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I Operator Time On Site
III
O`
m
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.
`a
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a
5
'
2
50050
00010
00400
50860
C0310
C0610
C0530
00300
31616
Continuous
Weekly
Weekly
2 X week
Weekly
2 X month
Weekly
Weekly
Recorder
Grab
Gab
Grab
Gab
Gab
Grab
Grab
Grab
FLOW
TEMP-C
pH
CHLORINE
BOD - Cone
NH3-N-Cone
T55-Cone
DO
FCOLI BR
2400 clock
Hro
2400 clock
MT
Y!B/N
mgd
deg c
su
us/I
mg/1
mg/I
mg/1
mg/1
#/100m1
1
24
1045
1.25
Y
0001
<15
2
24
1445
.75
Y
Q 002
30
7.3
<15
7.2
3
1015
24
830
2
Y
0.004
<2
<0.2
<2.5
<1
4
24
N
0.003
H
5
24
1500
1
Y
•0.002
6
24
N
0.002
7
24
N
0.001
8
24
1245
1.5
Y
0.001
9
24
1245
2
Y
'0.002
27
8.4
l<15
7.8
10
1015
24
830
2
Y
0.002
<15
<2
<25
<1
11
24
1200
1.75
Y
0.002
u
24
1000
0-75
Y
0.002
13
24
N
0.001
14
24
N
0.002
15
24
1245
125
Y
0.001
<15
16
24
1230
I
Y
0.002
30
7.2
<15
7.3
17
945
24
830
15
Y
0003
<2
_
<0.2
<25
<1
18
24
800
.5
Y
0.001
1f
24
730
.5
Y
0 001
20
24
N
0.001
21
24
N
0.001
22
24
1145
2
Y
.0.001
<15
23
24
1500
1.75
Y
0.003
27
6.6
<15
1
7.9
24
1015
24
830
2
Y
'0003
<2
<2.5
<1
25
24
1315
1.75
Y
.0.001
_
26
24
715
1.5
Y
0 001
27
24
N
0.001
28
24
N
0 001
29
24
1245
2
Y
0.001
< 15
30
24
1215
1.75
Y
0.001
29
8.1
< 15
7.4
31
1015
24
830
2
Y
-
0.002
<2
4
<1
Monthly Averse Lkak:
00125
30
30
Monthly Average:
0.001677
28.6
0
0
0
0.8
7.52
1
Daily Maximum:
0.004
30
8.4
0
0
0
4
7.9
0
Dolly klkkn. ae
0.001
27
6.6
0
0
0
0
7.2
0
**** No Reporting Reason: ENFRUSE = No Flow-Reuse/Recycle; ENVWTHR= No Visitation - Adverse Weather; NOFLOW = No Flow; HOLIDAY = No Visitation - Holiday
DocuSign Envelope ID: 55658054-4F00-48D8-B134-FAD006A0066F
Inc
`m
m
To
0
v
0
cc
st
0
a
NC0118281
m
0
N
m
aT+
C
0
13
Customers by District (Active & Inactive(
DocuSign Envelope ID: 55658054-4F00-48D8-B134-FAD006A0066F
DocuSign Envelope ID: 55658054-4F00-48D8-B134-FAD006A0066F
Permit NC0060593
Latitude: 35°34'00"
Longitude: 80°59'25"
Quad# E15SW Aqua North Carolina
Stream Class: WS-IV & B CA q
Subbasin:30832 Spinnaker Bay WWTP
Receiving Stream: Lake Norman
(Mountain Creek Arm)
NC0060593
SCALE 1 :24000
DocuSign Envelope ID: 55658054-4F00-48D8-B134-FAD006A0066F
North Carolina Department of Environment and Natural Resources
Pat McCrory
Governor
Mr. Thomas J. Roberts
Aqua North Carolina, Inc.
202 MacKenan Court
Cary, NC 27511
Dear Mr. Roberts:
Donald R. van der Vaart
Secretary
April 8, 2015
ceik
eo
Subject: Issuance of NPDES Permit NCd06t59
Spinnaker Bay Condominiums 1(%j
Catawba County
Class WW-2
Division personnel have reviewed and approved your application for renewal of the subject permit. Accordingly,
we are forwarding the attached NPDES discharge permit. This permit is issued pursuant to the requirements of
North Carolina General Statute 143-215.1 and the Memorandum of Agreement between North Carolina and the
U.S. Environmental Protection Agency dated October 15, 2007 (or as subsequently amended).
This final permit includes the following changes from the draft permit sent to you on February 11, 2015:
A. (2.) Special Conditions - Operations (a) Continue to operate a turbidimeter condition was removed.
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 any other Federal, State, or Local governmental permit that may be required. If you have any questions
concerning this permit, please contact Sonia Gregory at telephone number (919) 807-6333.
S. Jay Zimmerman, Dire o% r
Division of Water Resources
cc: Central Files
Mooresville Regional Office
NPDES Unit
1617 Mail Service Center, Raleigh, North Carolina 27699-1617 512 North Salisbury Street, Raleigh, North Carolina 27604
Phone: 919 807-6300 / FAX 919 807-6489 / http://portal.ncdenr.org/web/wq
An Equal Opportunity/Affirmative Action Employer — 50% Recycled/10% Post Consumer Paper
DocuSign Envelope ID: 55658054-4F00-48D8-B134-FAD006A0066F
Permit NC0060593
STATE OF NORTH CAROLINA
DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES
DIVISION OF WATER RESOURCES
PERMIT
TO DISCHARGE WASTEWATER UNDER THE
NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM
In compliance with the provisions of North Carolina General Statute 143-215.1, other lawful standards
and regulations promulgated and adopted by the North Carolina Environmental Management
Commission, and the Federal Water Pollution Control Act, as amended,
Aqua North Carolina, I i c.
is hereby authorized to discharge wastewater from a facility located at the
Spinnaker Bay Condominiums
NCSR 1844
Southwest of Terrell
Catawba County
to receiving waters designated as Lake Norman (Mountain Creek arm) in the Catawba River Basin in
accordance with effluent limitations, monitoring requirements, and other conditions set forth in Parts I,
II, RI and IV hereof.
This permit shall become effective May 1, 2015.
This permit and authorization to discharge shall expire at midnight on April 30, 2020.
Signed this day April 8, 2015.
S. Zimmerman, Director
ivision of Water Resources
By Authority of the Environmental Management Commission
Page 1 of 8
DocuSign Envelope ID: 55658054-4F00-48D8-B134-FAD006A0066F
Permit NC0060593
SUPPLEMENT TO PERMIT COVER SHEET
All previous NPDES Permits issued to this facility, whether for operation or discharge are hereby
revoked, and as of this issuance, any previously issued permit bearing this number is no longer
effective. Therefore, the exclusive authority to operate and discharge from this facility arises under the
permit conditions, requirements, terms, and provisions included herein.
Aqua North Carolina, Inc.
is hereby authorized to:
1. Continue to operate an existing 0.0125 MGD wastewater treatment system which includes the
following components:
➢ Dual equalization basins
➢ Dual clarifiers
➢ Chlorine contact tank with chlorinator
➢ Dechlorination facilities
➢ Aerated sludge holding tank
➢ Standby power generator
➢ Flow recorder
This wastewater treatment system is located at the Spinnaker Bay Condominiums off of NCSR
1844, southwest of Terrell in Catawba County.
2. Discharge from said treatment works at the location specified on the attached map into Lake
Norman (Mountain Creek arm), classified WS-IV & B CA waters in the Catawba River Basin.
Page 2 of 8
DocuSign Envelope ID: 55658054-4F00-48D8-B134-FAD006A0066F
Permit NC0060593
Latitude: 35°34'00"
Longitude: 80°59'25"
Quad# E15SW Aqua North Carolina
Stream Class: WS-IV & B CA q
Subbasin:30832 Spinnaker Bay WWTP
Receiving Stream: Lake Norman
(Mountain Creek Arm)
NC0060593
SCALE 1 :24000
DocuSign Envelope ID: 55658054-4F00-48D8-B134-FAD006A0066F
Permit NC0060593
Part I.
A. (1.) EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS
[15A NCAC 02B .0400 et seq., 02B .0500 et seq.]
During the period beginning on the effective date of the permit and lasting until expiration, the
Pelinittee is authorized to discharge from outfall 001. Such discharges shall be limited and monitored)
by the Permittee as specified below:
EFFLUENT
CHARACTERISTICS
MONITORING & LIMITS
Monthly
Average
Daily
Maximum
Measurement
Frequency
Sample
Type =
Sample
Location
Flow
[50050]
0.0125 MGD
Continuous
Recording
Influent or Effluent
BOD, 5 day (20°C)
[C0310]
30.0 mg/L
45.0 mg/L
Weekly
Grab
Effluent
Total Suspended Solids
[C0530]
30.0 mg/L
45.0 mg/L
Weekly
Grab
Effluent
NH3 as N (mg/L)
[C0610]
2/Month
Grab
Effluent
Fecal Coliform [31616]
(geometric mean)
200 / 100 ml
400 / 100 ml
Weekly
Grab
Effluent
Total Residual Chlorine 2
[50060]
28 pg/L
2/Week
Grab
Effluent
Dissolved Oxygen 3 (mg/L)
[00300]
Weekly
Grab
Effluent
Temperature (°C)
[00010]
Weekly
Grab
Effluent
pH (SU)
[00400]
> 6.0 and < 9.0 standard units
Weekly
Grab
Effluent
Footnotes:
1. No later than 270 days from the effective date of this permit, the permittee shall begin submitting discharge
monitoring reports electronically using the Division's eDMR system [see A. (2)]
2. 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.
3. The daily average dissolved oxygen effluent concentration shall not be less than 5.0 mg/L
THERE SHALL BE NO DISCHARGE OF FLOATING SOLIDS OR VISIBLE FOAM IN OTHER
THAN TRACE AMOUNTS.
Page 4 of 8
DocuSign Envelope ID: 55658054-4F00-48D8-B134-FAD006A0066F
Peiniit NC0060593
A. (2.) SPECIAL CONDITION — Operations
[G.S. 143-215.1C.]
(a) Inspect the performance of the plant's disinfection system every weekday and maintain a log of
such inspections; and
(c) Operate a Supervisory Control and Data Acquisition (SCADA) system at the plant.
A. (3.) SPECIAL CONDITION — Spill Notification
[G.S. 143-215.1C.]
(a) Contacting Public Health Directors
The facility must notify the Iredell, Catawba, Lincoln and Mecklenburg County Public Health
Directors within 12 hours of first knowledge by the owner/operator of any discharge of untreated
wastewater to waters of the State or a discharge from the wastewater treatment plant that has not
received adequate disinfection due to a malfunctioning treatment unit.
The County Public Health Directors can be contacted using the following information:
Catawba County Health Director
3070 11t Ave. Dr. S.E.
Hickory, NC 28602
828-695-5800
Lincoln County Health Director
151 Sigmon Rd.
Lincolnton, NC 28092-8643
704-736-8634
(b) Public Notification
Iredell County Health Director
318 Turnersburg Highway
Statesville, NC 28625
704-878-5300
Mecklenburg County Health Director
249 Billingsley Rd.
Charlotte, NC 28211
704-336-4700
The facility must notify the public of untreated wastewater spills. Wastewater facility owners or
operators must issue a press release after a discharge to surface waters of 1,000 gallons within 24 hours
of first knowledge of the spill by the owner/operator. The press release must be issued to "all electronic
and print news media outlets that provide general coverage in the county where the discharge
occurred." A copy of the press release must be maintained for one year by the owner/operator. This
press release is required in addition to the peniiit requirement of contacting the North Carolina
Division of Water Resources (DWR).
Page 5 of 8
DocuSign Envelope ID: 55658054-4F00-48D8-B134-FAD006A0066F
Permit NC0060593
A. (3.) SPECIAL CONDITION — Spill Notification, continued-
[G.S. 143-215.1C.]
If a discharge of 1-5,000 gallons or morereachessurface- water, -a publicnoticeis required in addition to
the press release. The public notice must be placed in a newspaper having general circulation in the
County in which the discharge occurred and the county immediately downstream. The owner or
operator shall publish the notice within 10 days after the Secretary has determined the countries that are
significantly affected by the discharge and approved the four and content of the notice and the
newspaper in which the notice is to be published. At a minimum the notice should be published in a
newspaper of general circulation in Catawba, Iredell and Lincoln Counties. If a discharge of 1,000,000
gallons of wastewater or more reaches surface waters, the NC DENR Mooresville Regional Office
must be contacted to determine in what additional counties, if any, a public notice must be published.
A copy of these public notices and proof of publication must be sent to the DWR within 30 days of
publication. The copy should be sent to the following address:
Division of Water Resources
PERCS Unit
1617 Mail Service Center
Raleigh, NC 27699-1617
The minimum content of the notice is the location of the discharge, estimated volume, water body
affected and steps taken to prevent future discharges.
A. (4) ELECTRONIC REPORTING OF DISCHARGE MONITORING REPORTS
[G.S. 143-215.1(b)]
Proposed federal regulations require electronic submittal of all discharge monitoring reports (DMRs)
and specify that, if a state does not establish a system to receive such submittals, then permittees must
submit DMRs electronically to the Environmental Protection Agency (EPA). The Division anticipates
that these regulations will be adopted and is beginning implementation.
NOTE: This special condition supplements or supersedes the following sections within Part II of this
permit (Standard Conditions for NPDES Permits):
e
s
e
Section B. (11.)Signatory Requirements
Section D. (2.) Reporting
Section D. (6.) Records Retention
Section E. (5.) Monitoring Reports
1. Reporting [Supersedes Section D. (2.) and Section E. (5.) (a)]
Beginning no later than 270 days from the effective date of this permit, the permittee shall begin
reporting discharge monitoring data electronically using the NC DWR's Electronic Discharge
Monitoring Report (eDMR) internet application.
Page 6 of 8
DocuSign Envelope ID: 55658054-4F00-48D8-B134-FAD006A0066F
Permit NC0060593
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), peiiuittees 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 DENR / Division of Water Resources / Information Processing Unit
ATTENTION: Central Files / eDMR
1617 Mail Service Center
Raleigh, NC 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 fours (MR 1, 1.1, 2, 3) or alternative
forms approved by the Director. Duplicate signed copies shall be submitted to the mailing address
above.
Requests for temporary waivers from the NPDES electronic reporting requirements 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 using eDMR. Temporary waivers shall be valid for twelve (12)
months and shall thereupon expire. At such time, DMRs shall be submitted electronically to the
Division unless the permittee re -applies for and is granted a new temporary waiver by the Division.
Information on eDMR and application for a temporary waiver from the NPDES electronic reporting
requirements is found on the following web page:
http://portal.ncdenr.org/web/wq/admin/bog/ipu/edmr
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.
2. Signatory Requirements [Supplements Section B. (11.) (b) and supersedes Section B. (11.)
)11
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:
Page 7 of 8
DocuSign Envelope ID: 55658054-4F00-48D8-B134-FAD006A0066F
Permit NC0060593
http://portal.ncdenr.org/web/wq/admin/bog/ipu/edmr
Certification. Any person submitting an electronic DMR using the state's eDMR system shall make
the following certification [40 CFR 122.22]. NO OTHER STATEMENTS OF CERTIFICATION
WILL BE ACCEPTED:
"I certify, under penalty of law, that this document and all attachments were prepared under my
direction or supervision in accordance with a system designed to assure that qualified personnel
properly gather and evaluate the infoiniation submitted. Based on my inquiry of the person or persons
who manage the system, or those persons directly responsible for gathering the infoiivation, 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."
4. Records Retention [Supplements Section D. (6.)1
The permittee shall retain records of all Discharge Monitoring Reports, including eDMR submissions.
These records or copies shall be maintained for a period of at least 3 years from the date of the report.
This period may be extended by request of the Director at any time [40 CFR 122.41].
Page 8 of 8
DocuSign Envelope ID: 55658054-4F00-48D8-B134-FAD006A0066F
NPDES Permit Standard Conditions
Page 1 of 18
PART II
STANDARD CONDITIONS FOR NPDES PERMITS
Section A. Definitions
2/Month
Samples are collected twice per month with at least ten calendar days between sampling events. These samples shall be
representative of the wastewater discharged during the sample period.
3/Week
Samples are collected three times per week on three separate calendar days. These samples shall be representative of
the wastewater discharged during the sample period.
Act or "the Act"
The Federal Water Pollution Control Act, also known as the Clean Water Act (CWA), as amended, 33 USC 1251, et.
seq.
Annual Average
The arithmetic mean of all "daily discharges" of a pollutant measured during the calendar year. In the case of fecal
coliform, the geometric mean of such discharges.
Arithmetic Mean
The summation of the individual values divided by the number of individual values.
Bypass
The known diversion of waste streams from any portion of a treatment facility including the collection system, which is
not a designed or established or operating mode for the facility.
Calendar Day
The period from midnight of one day until midnight of the next day. However, for purposes of this permit, any
consecutive 24-hour period that reasonably represents the calendar day may be used for sampling.
Calendar Week
The period from Sunday through the following Saturday.
Calendar Quarter
One of the following distinct periods: January through March, April through June, July through September, and
October through December.
Composite Sample
A sample collected over a 24-hour period by continuous sampling or combining grab samples of at least 100 mL in
such a manner as to result in a total sarnple representative of the wastewater discharge during the sample period. The
Director may designate the most appropriate method (specific number and size of aliquots necessary, the time interval
between grab samples, etc.) on a case -by -case basis. Samples may be collected manually or automatically. Composite
samples may be obtained by the following methods:
(1) Continuous: a single, continuous sarnple collected over a 24-hour period proportional to the rate of flow.
(2) Constant time/variable volume: a series of grab samples collected at equal time intervals over a 24 hour period
of discharge and combined proportional to the rate of flow measured at the time of individual sample
collection, or
(3) Variable time/constant volume: a series of grab samples of equal volume collected over a 24 hour period with
the time intervals between samples determined by a preset number of gallons passing the sampling point. Flow
measurement between sample intervals shall be determined by use of a flow recorder and totalizer, and the
preset gallon interval between sample collection fixed at no greater than 1/24 of the expected total daily flow at
the treatment system, or
Version 11/09/2011.1
DocuSign Envelope ID: 55658054-4F00-48D8-B134-FAD006A0066F
NPDES Permit Standard Conditions
Page 2 of 18
(4) Constant time/constant volume: a series of grab samples of equal volume collected over a 24-hour period at a
constant time interval. Use of this method requires prior approval by the Director. This method may only be
used in situations where effluent flow rates vary less than 15 percent. The following restrictions also apply:
> Influent and effluent grab samples shall be of equal size and of no less than 100 milliliters
> Influent samples shall not be collected more than once per hour.
> Permittees with wastewater treatment systems whose detention time < 24 hours shall collect effluent grab
samples at intervals of no greater than 20 minutes apart during any 24-hour period.
> Permittees with wastewater treatment systems whose detention time exceeds 24 hours shall collect effluent
grab samples at least every six hours; there must be a minimum of four samples during a 24-hour sampling
period.
Continuous flow measurement
Flow monitoring that occurs without interruption throughout the operating hours of the facility. Flow shall be
monitored continually except for the infrequent times when there may be no flow or for infrequent maintenance
activities on the flow device.
Daily Discharge
The discharge of a pollutant measured during a calendar day or any 24-hour period that reasonably represents the
calendar day for purposes of sampling. For pollutants measured in units of mass, the "daily discharge" is calculated as
the total mass of the pollutant discharged over the day. For pollutants expressed in other units of measurement, the
"daily discharge" is calculated as the average measurement of the pollutant over the day. (40 CFR 122.2; see also
"Composite Sample," above.)
Daily Maximum
The highest "daily discharge" during the calendar month.
Daily Sampling
Parameters requiring daily sampling shall be sampled 5 out of every 7 days per week unless otherwise specified in the,
permit. Sampling shall be conducted on weekdays except where holidays or other disruptions of noiuial operations
prevent weekday sampling. If sampling is required for all seven days of the week for any permit parameter(s), that
requirement will be so noted on the Effluent Limitations and Monitoring Page(s).
DWR or "the Division"
The Division of Water Resources, Depaitalent of Environment and Natural Resources.
Effluent
Wastewater discharged following all treatment processes from a water pollution control facility or other point source
whether treated or untreated.
EMC
The North Carolina Environmental Management Commission
EPA
The United States Environmental Protection Agency
Facility Closure
Cessation of all activities that require coverage under this NPDES permit. Completion of facility closure will allow this
permit to be rescinded.
Geometric Mean
The Nth root of the product of the individual values where N = the number of individual values. For purposes of
calculating the geometric mean, values of "0" (or "< [detection level]") shall be considered = 1.
Grab Sample
Individual samples of at least 100 mI, collected over a period of time not exceeding 15 minutes. Grab samples can be
collected manually. Grab samples must be representative of the discharge (or the receiving stream, for instream
samples).
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Hazardous Substance
Any substance designated under 40 CFR Part 116 pursuant to Section 311 of the CWA.
Instantaneous flow measurement
The flow measured during the minimum time required for the flow measuring device or method to produce a result in
that instance. To the extent practical, instantaneous flow measurements coincide with the collection of any grab
samples required for the same sampling period so that together the samples and flow are representative of the discharge
during that sampling period.
Monthly Average (concentration limit)
The arithmetic mean of all "daily discharges" of a pollutant measured during the calendar month. In the case of fecal
coliform or other bacterial parameters or indicators, the geometric mean of such discharges.
Permit Issuing Authority
The Director of the Division of Water Resources.
Quarterly Average (concentration limit)
The arithmetic mean of all samples taken over a calendar quarter.
Severe property damage
Substantial physical damage to property, damage to the treatment facilities which causes them to become inoperable, or
substantial and permanent loss of natural resources which can reasonably be expected to occur in the absence of a
bypass. Severe property damage excludes economic loss caused by delays in production.
Toxic Pollutant:
Any pollutant listed as toxic under Section 307(a)(1) of the CWA.
Upset
An incident beyond the reasonable control of the Permittee causing unintentional and temporary noncompliance with
permit effluent limitations and/or monitoring requirements. An upset does not include noncompliance caused by
operational error, improperly designed treatment facilities, inadequate treatment facilities, lack of preventive
maintenance, or careless or improper operation.
Weekly Average (concentration limit)
The arithmetic mean of all "daily discharges" of a pollutant measured during the calendar week. In the case of fecal
coliform or other bacterial parameters or indicators, the geometric mean of such discharges.
Section B. General Conditions
1. Duty to Comply
The Permittee must comply with all conditions of this permit. Any permit noncompliance constitutes a violation of
the CWA and is grounds for enforcement action; for permit termination, revocation and reissuance, or
modification; or denial of a permit renewal application [40 CFR 122.41].
a. The Pennittee shall comply with effluent standards or prohibitions established under section 307(a) of the
CWA for toxic pollutants and with standards for sewage sludge use or disposal established under section
405(d) of the CWA within the time provided in the regulations that establish these standards or prohibitions or
standards for sewage sludge use or disposal, even if the permit has not yet been modified to incorporate the
requirement.
b. The CWA provides that any person who violates section[s] 301, 302, 306, 307, 308, 318 or 405 of the Act, or
any permit condition or limitation implementing any such sections in a permit issued under section 402, or any
requirement imposed in a pretreatment program approved under sections 402(a)(3) or 402(b)(8) of the Act, is
subject to a civil penalty not to exceed $37,500 per day for each violation. [33 USC 1319(d) and 40 CFR
122.41(a)(2)]
c. The CWA provides that any person who negligently violates sections 301, 302, 306, 307, 308, 318, or 405 of
the Act, or any condition or limitation implementing any of such sections in a permit issued under section 402
of the Act, or any requirement imposed in a pretreatment program approved under section 402(a)(3) or
402(b)(8) of the Act, is subject to criminal penalties of $2,500 to $25,000 per day of violation, or
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imprisonment of not more than 1 year, or both. In the case of a second or subsequent conviction for a negligent
violation, a person shall be subject to criminal penalties of not more than $50,000 per day of violation, or by
imprisonment of not more than 2 years, or both. [33 USC 1319(c)(1) and 40 CFR 122.41(a)(2)]
d. Any person who knowingly violates such sections, or such conditions or limitations is subject to criminal
penalties of $5,000 to $50,000 per day of violation, or imprisonment for not more than 3 years, or both. In the
case of a second or subsequent conviction for a knowing violation, a person shall be subject to criminal
penalties of not more than $100,000 per day of violation, or imprisonment of not more than 6 years, or both.
[33 USC 1319(c)(2) and 40 CFR 122.41(a)(2)]
e. Any person who knowingly violates section 301, 302, 303, 306, 307, 308, 318 or 405 of the Act, or any permit
condition or limitation implementing any of such sections in a permit issued under section 402 of the Act, and
who knows at that time that he thereby places another person in imminent danger of death or serious bodily
injury, shall, upon conviction, be subject to a fine of not more than $250,000 or imprisonment of not more than
15 years, or both. In the case of a second or subsequent conviction for a knowing endangerment violation, a
person shall be subject to a fine of not more than $500,000 or by imprisonment of not more than 30 years, or
both. An organization, as defined in section 309(c)(3)(B)(iii) of the CWA, shall, upon conviction of violating
the imminent danger provision, be subject to a fine of not more than $1,000,000 and can be fined up to
$2,000,000 for second or subsequent convictions. [40 CFR 122.41(a)(2)]
f. Under state law, a civil penalty of not more than $25,000 per violation may be assessed against any person
who violates or fails to act in accordance with the teiuis, conditions, or requirements of a permit. [North
Carolina General Statutes § 143-215.6A]
Any person may be assessed an administrative penalty by the Administrator for violating section 301, 302,
306, 307, 308, 318 or 405 of this Act, or any permit condition or limitation implementing any of such sections
in a permit issued under section 402 of this Act. Administrative penalties for Class I violations are not to
exceed $16,000 per violation, with the maxiinuin amount of any Class I penalty assessed not to exceed
$37,500. Penalties for Class II violations are not to exceed $16,000 per day for each day during which the
violation continues, with the maximum amount of any Class II penalty not to exceed $177,500. [33 USC
1319(g)(2) and 40 CFR 122.41(a)(3)]
2. Duty to Mitigate
The Permittee shall take all reasonable steps to minimize or prevent any discharge or sludge use or disposal in
violation of this pennit with a reasonable likelihood of adversely affecting human health or the environment [40
CFR 122.41(d)].
3. Civil and Criminal Liability
Except as provided in permit conditions on "Bypassing" (Part II.C.4), "Upsets" (Part II.C.5) and "Power Failures"
(Part II.C.7), nothing in this permit shall be construed to relieve the Permittee from any responsibilities, liabilities,
or penalties for noncompliance pursuant to NCGS 143-215.3, 143-215.6 or Section 309 of the Federal Act, 33 USC
1319. Furthermore, the Permittee is responsible for consequential damages, such as fish kills, even though the
responsibility for effective compliance may be temporarily suspended.
4. Oil and Hazardous Substance Liability
Nothing in this peiuut shall be construed to preclude the institution of any legal action or relieve the Permittee
from any responsibilities, liabilities, or penalties to which the Permittee is or may be subject to under NCGS 143-
215.75 et seq. or Section 311 of the Federal Act, 33 USG 1321. Furthermore, the Permittee is responsible for
consequential damages, such as fish kills, even though the responsibility for effective compliance may be
temporarily suspended.
5. Property Rights
The issuance of this permit does not convey any property rights in either real or personal property, or any exclusive
privileges, nor does it authorize any injury to private property or any invasion of personal rights, nor any
infringement of Federal, State or local laws or regulations [40 CFR 122.41(g)].
6. Onshore or Offshore Construction
This permit does not authorize or approve the construction of any onshore or offshore physical structures or
facilities or the undertaking of any work in any navigable waters.
g.
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7. Severability
The provisions of this permit are severable. If any provision of this permit, or the application of any provision of
this peinit to any circumstances, is held invalid, the application of such provision to other circumstances, and the
remainder of this permit, shall not be affected thereby [NCGS 150B-23].
8. Duty to Provide Information
The Permittee shall furnish to the Permit Issuing Authority, within a reasonable time, any information which the
Permit Issuing Authority may request to determine whether cause exists for modifying, revoking and reissuing, or
terminating this permit or to determine compliance with this permit. The Permittee shall also furnish to the Permit
Issuing Authority upon request, copies of records required by this permit [40 CFR 122.41(h)].
9. Duty to Reapply
If the Permittee wishes to continue an activity regulated by this permit after the expiration date of this permit, the
Permittee must apply for and obtain a new permit [40 CFR 122.41(b)].
10. Expiration of Permit
The Permittee is not authorized to discharge after the expiration date. In order to receive automatic authorization to
discharge beyond the expiration date, the Permittee shall submit such information, fauns, and fees as are required
by the agency authorized to issue permits no later than 180 days prior to the expiration date unless permission for a
later date has been granted by the Director. (The Director shall not grant permission for applications to be
submitted later than the expiration date of the existing permit.) [40 CFR 122.21(d)] Any Permittee that has not
requested renewal at least 180 days prior to expiration, or any Permittee that does not have a permit after the
expiration and has not requested renewal at least 180 days prior to expiration, will subject the Permittee to
enforcement procedures as provided in NCGS 143-215.6 and 33 USC 1251 et. seq.
11. Signatory Requirements
All applications, reports, or information submitted to the Permit Issuing Authority shall be signed and certified [40
CFR 122.41(k)].
a. All permit applications shall be signed as follows:
(1) For a corporation: by a responsible corporate officer. For the purpose of this Section, a responsible
corporate officer means: (a) a president, secretary, treasurer or vice president of the corporation in charge
of a principal business function, or any other person who performs similar policy or decision making
functions for the corporation, or (b) the manager of one or more manufacturing, production, or operating
facilities, provided, the manager is authorized to make management decisions which govern the operation
of the regulated facility including having the explicit or implicit duty of making major capital investment
recommendations, and initiating and directing other comprehensive measures to assure long term
environmental compliance with environmental laws and regulations; the manager can ensure that the
necessary systems are established or actions taken to gather complete and accurate information for permit
application requirements; and where authority to sign documents has been assigned or delegated to the
manager in accordance with corporate procedures .
(2) For a partnership or sole proprietorship: by a general partner or the proprietor, respectively;. or
(3) For a municipality, State, Federal, or other public agency: by either a principal executive officer or
ranking elected official [40 CFR 122.22].
b. All reports required by the permit and other information requested by the Permit Issuing Authority shall be
signed by a person described in paragraph a. above or by a duly authorized representative of that person. A
person is a duly authorized representative only if:
(1) The authorization is made in writing by a person described above;
(2) The authorization specified either an individual or a position having responsibility for the overall operation
of the regulated facility or activity, such as the position of plant manager, operator of a well or well field,
superintendent, a position of equivalent responsibility, or an individual or position having overall
responsibility for environmental matters for the company. (A duly authorized representative may thus be
either a named individual or any individual occupying a named position.); and
(3) The written authorization is submitted to the Permit Issuing Authority [40 CFR 122.22]
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c. Changes to authorization: If an authorization under paragraph (b) of this section is no longer accurate because
a different individual or position has responsibility for the overall operation of the facility, a new authorization
satisfying the requirements of paragraph (b) of this section must be submitted to the Director prior to or
together with any reports, information, or applications to be signed by an authorized representative [40 CFR
122.22]
d. Certification. Any person signing a document under paragraphs a. or b. of this section shall make the following
certification [40 CFR 122.22]. NO OTHER STATEMENTS OF CERTIFICATION WILL BE ACCEPTED:
"1 cert , under penalty of law, that this document and all attachments were prepared under my direction or
supervision in accordance with a system designed to assure that qualified personnel properly gather and
evaluate the information submitted. Based on my inquiry of the person or persons who manage the system, or
those persons directly responsible for gathering the information, the information submitted is, to the best of my
knowledge and belief true, accurate, and complete. I am aware that there are significant penalties for
submitting false information, including the possibility of fines and imprisonment for knowing violations."
12. Permit Actions
This permit may be modified, revoked and reissued, or terminated for cause. The filing of a request by the
Permittee for a permit modification, revocation and reissuance, or termination, or a notification of planned changes
or anticipated noncompliance does not stay any permit condition [40 CFR 122.41(f)].
13. Permit Modification, Revocation and Reissuance, or Termination
The issuance of this permit does not prohibit the peiiiut issuing authority from reopening and modifying the permit,
revoking and reissuing the permit, or terminating the permit as allowed by the laws, rules, and regulations
contained in Title 40, Code of Federal Regulations, Parts 122 and 123; Title 15A of the North Carolina
Administrative Code, Subchapter 02H .0100; and North Carolina General Statute 143.215.1 et. al.
14. Annual Administering and Compliance Monitoring Fee Requirements
The Pennittee must pay the annual administering and compliance monitoring fee within thirty days after being
billed by the Division. Failure to pay the fee in a timely manner in accordance with 15A NCAC 02H .0105(b)(2)
may cause this Division to initiate action to revoke the permit.
Section C. Operation and Maintenance of Pollution Controls
1. Certified Operator
Owners of classified water pollution control systems must designate operators, certified by the Water Pollution
Control System Operators Certification Commission (WPCSOCC), of the appropriate type and grade for the
system, and, for each classification must [T15A NCAC 08G .0201]:
a. designate one Operator In Responsible Charge (ORC) who possesses a valid certificate of the type and grade at
least equivalent to the type and grade of the system;
b. designate one or more Back-up Operator(s) in Responsible Charge (Back-up ORCs) who possesses a valid
certificate of the type of the system and no more than one grade less than the grade of the system, with the
exception of no backup operator in responsible charge is required for systems whose minimum visitation
requirements are twice per year; and
c. submit a signed completed "Water Pollution Control System Operator Designation Form" to the Commission
(or to the local health depth intent for owners of subsurface systems) countersigned by the designated certified
operators, designating the Operator in Responsible Charge (ORC) and the Back-up Operator in Responsible
Charge (Back-up ORC):
(1) 60 calendar days prior to wastewater or residuals being introduced into a new system; or
(2) within 120 calendar days following:
➢ receiving notification of a change in the classification of the system requiring the designation of a new
Operator in Responsible Charge (ORC) and Back-up Operator in Responsible Charge (Back-up ORC)
of the proper type and grade; or
➢ a vacancy in the position of Operator in Responsible Charge (ORC) or Back-up Operator in
Responsible Charge (Back-up ORC).
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(3) within seven calendar days of vacancies in both ORC and Back-up ORC positions replacing or designating
at least one of the responsibilities.
The ORC of each Class I facility (or the Back-up ORC, when acting as surrogate for the ORC) must:
> Visit the facility as often as is necessary to insure proper operation of the treatment system; the treatment
facility must be visited at least weekly
> Comply with all other conditions of 15A NCAC 08G .0204.
The ORC of each Class II, III and IV facility (or the Back-up ORC, when acting as surrogate for the ORC) must:
> Visit the facility as often as is necessary to insure proper operation of the treatment system; the treatment
facility must be visited at least five days per week, excluding holidays
> Properly manage and document daily operation and maintenance of the facility
> Comply with all other conditions of 15A NCAC 08G .0204.
2. Proper Operation and Maintenance
The Penmittee shall at all times properly operate and maintain all facilities and systems of treatment and control
(and related appurtenances) which are installed or used by the Permittee to achieve compliance with the conditions
of this permit. Proper operation and maintenance also includes adequate laboratory controls and appropriate quality
assurance procedures. This provision requires the Permittee to install and operate backup or auxiliary facilities only
when necessary to achieve compliance with the conditions of the permit [40 CFR 122.41(e)].
NOTE: Properly and officially designated operators are fully responsible for all proper operation and maintenance
of the facility, and all documentation required thereof, whether acting as a contract operator [subcontractor] or a
member of the Permittee's staff.
3. Need to Halt or Reduce not a Defense
It shall not be a defense for a Permittee in an enforcement action that it would have been necessary to halt or
reduce the permitted activity in order to maintain compliance with the condition of this permit [40 CFR 122.41(c)].
4. Bypassing of Treatment Facilities
a. Bypass not exceeding (imitations [40 CFR 122.41(in)(2)]
The Permittee may allow any bypass to occur which does not cause effluent limitations to be exceeded, but
only if it also is for essential maintenance to assure efficient operation. These bypasses are not subject to the
provisions of Paragraphs b. and c. of this section.
b. Notice [40 CFR 122.41(m)(3)]
(1) Anticipated bypass. If the Penmittee knows in advance of the need for a bypass, it shall submit prior notice,
if possible at least ten days before the date of the bypass; including an evaluation of the anticipated quality
and effect of the bypass.
(2) Unanticipated bypass. The Permittee shall submit notice of an unanticipated bypass as required in Part
II.E.6. (24-hour notice).
c. Prohibition of Bypass
(1) Bypass from the treatment facility is prohibited and the Permit Issuing Authority may take enforcement
action against a Penmittee for bypass, unless:
(A) Bypass was unavoidable to prevent loss of life, personal injury or severe property damage;
(B) There were no feasible alternatives to the bypass, such as the use of auxiliary treatment facilities,
retention of untreated wastes or maintenance during normal periods of equipment downtime. This
condition is not satisfied if adequate backup equipment should have been installed in the exercise of
reasonable engineering judgment to prevent a bypass which occurred during normal periods of
equipment downtime or preventive maintenance; and
(C) The Permittee submitted notices as required under Paragraph b. of this section.
(2) Bypass from the collection system is prohibited and the Permit Issuing Authority may take enforcement
action against a Permittee for a bypass as provided in any current or future system -wide collection system
permit associated with the treatment facility.
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(3) The Permit Issuing Authority may approve an anticipated bypass, after considering its adverse effects, if
the Permit Issuing Authority determines that it will meet the three conditions listed above in Paragraph c.
(1) of this section.
5. Upsets
a. Effect of an upset [40 CFR 122.41(n)(2)]: An upset constitutes an affirmative defense to an action brought for
noncompliance with such technology based permit effluent limitations if the requirements of paragraph b. of
this condition are met. No determination made during administrative review of claims that noncompliance was
caused by upset, and before an action for noncompliance, is final administrative action subject to judicial
review.
b. Conditions necessary for a demonstration of upset: Any Permittee who wishes to establish the affirmative
defense of upset shall demonstrate, through properly signed, contemporaneous operating logs, or other relevant
evidence that:
(1) An upset occurred and that the Permittee can identify the cause(s) of the upset;
(2) The Permittee facility was at the time being properly operated; and
(3) The Permittee submitted notice of the upset as required in Part lI.E.6.(b) of this permit.
(4) The Permittee complied with any remedial measures required under Part II.B.2. of this permit.
c. Burden of proof [40 CFR 122.41(n)(4)]: The Permittee seeking to establish the occurrence of an upset has
the burden of proof in any enforcement proceeding.
6. Removed Substances
Solids, sludges, filter backwash, or other pollutants removed in the course of treatment or control of wastewaters
shall be utilized/disposed of in accordance with NCGS 143-215.1 and in a manner such as to prevent any pollutant
from such materials from entering waters of the State or navigable waters of the United States except as permitted
by the Commission. The Permittee shall comply with all applicable state and Federal regulations governing the
disposal of sewage sludge, including 40 CFR 503, Standards for the Use and Disposal of Sewage Sludge; 40 CFR
Part 258, Criteria For Municipal Solid Waste Landfills; and 15A NCAC Subchapter 2T, Waste Not Discharged To
Surface Waters. The Permittee shall notify the Permit Issuing Authority of any significant change in its sludge use
or disposal practices.
7. Power Failures
The Permittee is responsible for maintaining adequate safeguards (as required by 15A NCAC 02H .0124) to
prevent the discharge of untreated or inadequately treated wastes during electrical power failures either by means
of alternate power sources, standby generators or retention of inadequately treated effluent.
Section D. Monitoring and Records
1. Representative Sampling
Samples collected and measurements taken, as required herein, shall be representative of the permitted discharge.
Samples collected at a frequency less than daily shall be taken on a day and time that is representative of the
discharge for the period the sample represents. All samples shall be taken at the monitoring points specified in this
permit and, unless otherwise specified, before the effluent joins or is diluted by any other wastestream, body of
water, or substance. Monitoring points shall not be changed without notification to and the approval of the Permit
Issuing Authority [40 CFR 122.41(j)].
2. Reporting
Monitoring results obtained during the previous month(s) shall be summarized for each month and reported on a
monthly Discharge Monitoring Report (DMR) Form (MR 1, 1.1, 2, 3) or alternative forms approved by the
Director, postmarked no later than the last calendar day of the month following the completed reporting period.
The first DMR is due on the last day of the month following the issuance of the permit or in the case of a new
facility, on the last day of the month following the commencement of discharge. Duplicate signed copies of these,
and all other reports required herein, shall be submitted to the following address:
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NC DENR / Division of Water Resources / Water Quality Permitting Section
ATTENTION: Central Files
1617 Mail Service Center
Raleigh, North Carolina 27699-1617
3. Flow Measurements
Appropriate flow measurement devices and methods consistent with accepted scientific practices shall be selected
and used to ensure the accuracy and reliability of measurements of the volume of monitored discharges. The
devices shall be installed, calibrated and maintained to ensure that the accuracy of the measurementsis consistent
with the accepted capability of that type of device. Devices selected shall be capable of measuring flows with a
maximum deviation of less than 10% from the true discharge rates throughout the range of expected discharge
volumes. Flow measurement devices shall be accurately calibrated at a minimum of once per year and maintained
to ensure that the accuracy of the measurements is consistent with the accepted capability of that type of device.
The Director shall approve the flow measurement device and monitoring location prior to installation.
Once -through condenser cooling water flow monitored by pump logs, or pump hour meters as specified in Part I of
this permit and based on the manufacturer's pump curves shall not be subject to this requirement.
4. Test Procedures
Laboratories used for sample analysis must be certified by the Division. Permittees should contact the Division's
Laboratory Certification Section (919 733-3908 or http://portal.ncdenr.org/web/wq/lab/cert) for information
regarding laboratory certifications.
Facilities whose personnel are conducting testing of field -certified parameters only must hold the appropriate field
parameter laboratory certifications.
Test procedures for the analysis of pollutants shall conform to the EMC regulations (published pursuant to NCGS
143-215.63 et. seq.), the Water and Air Quality Reporting Acts, and to regulations published pursuant to Section
304(g), 33 USC 1314, of the CWA (as amended), and 40 CFR 136; or in the case of sludge use or disposal,
approved under 40 CFR 136, unless otherwise specified in 40 CFR 503, unless other test procedures have been
specified in this permit [40 CFR 122.41].
To meet the intent of the monitoring required by this permit, all test procedures must produce minimum detection
and reporting levels that are below the permit discharge requirements and all data generated must be reported down
to the minimum detection or lower reporting level of the procedure. If no approved methods are determined
capable of achieving minimum detection and reporting levels below permit discharge requirements, then the most
sensitive (method with the lowest possible detection and reporting level) approved method must be used.
5. Penalties for Tampering
The CWA provides that any person who falsifies, tampers with, or knowingly renders inaccurate, any monitoring
device or method required to be maintained under this permit shall, upon conviction, be punished by a fine of not
more than $10,000 per violation, or by imprisonment for not more than two years per violation, or by both. If a
conviction of a person is for a violation committed after a first conviction of such person under this paragraph,
punishment is a fine of not more than $20,000 per day of violation, or by imprisonment of not more than 4 years,
or both [40 CFR 122.41].
6. Records Retention
Except for records of monitoring information required by this permit related to the Permittee's sewage sludge use
and disposal activities, which shall be retained for a period of at Least five years (or longer as required by 40 CFR
503), the Permittee shall retain records of all monitoring information, including:
➢ all calibration and maintenance records
➢ all original strip chart recordings for continuous monitoring instrumentation
➢ copies of all reports required by this permit
➢ copies of all data used to complete the application for this permit
These records or copies shall be maintained for a period of at least 3 years from the date of the sample,
measurement, report or application. This period may be extended by request of the Director at any time [40 CFR
122.41].
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7. Recording Results
For each measurement or sample taken pursuant to the requirements of this permit, the Permittee shall record the
following information [40 CFR 122.41]:
a.
b.
c.
d.
e.
f.
The date, exact place, and time of sampling or measurements;
The individual(s) who performed the sampling or measurements;
The date(s) analyses were performed;
The individual(s) who performed the analyses;
The analytical techniques or methods used; and
The results of such analyses.
8. Inspection and Entry
The Permittee shall allow the Director, or an authorized representative (including an authorized contractor acting as
a representative of the Director), upon the presentation of credentials and other documents as may be required by
law, to;
a.
b.
Enter, at reasonable times, upon the Pennittee's premises where a regulated facility or activity is located or
conducted, or where records must be kept under the conditions of this permit;
Have access to and copy, at reasonable times, any records that must be kept under the conditions of this permit;
c. Inspect at reasonable times any facilities, equipment (including monitoring and control equipment), practices,
or operations regulated or required under this permit; and
d. Sample or monitor at reasonable times, for the purposes of assuring permit compliance or as otherwise
authorized by the CWA, any substances or parameters at any location [40 CFR 122.41(i)].
Section E Reporting Requirements
1. Change in Discharge
All discharges authorized herein shall be consistent with the tennis and conditions of this permit. The discharge of
any pollutant identified in this permit more frequently than or at a level in excess of that authorized shall constitute
a violation of the permit.
2. Planned Changes
The Permittee shall give notice to the Director as soon as possible of any planned physical alterations or additions
to the permitted facility [40 CFR 122.41(1)]. Notice is required only when:
a. The alteration or addition to a permitted facility may meet one of the criteria for new sources at 40 CFR
122.29(b); or
b. The alteration or addition could significantly change the nature or increase the quantity of pollutants
discharged. This notification applies to pollutants subject neither to effluent limitations in the permit, nor to
notification requirements under 40 CFR 122.42(a)(1); or
c. The alteration or addition results in a significant change in the Permittee's sludge use or disposal practices, and
such alteration, addition or change may justify the application of permit conditions that are different from or
absent in the existing permit, including notification of additional use or disposal sites not reported during the
permit application process or not reported pursuant to an approved land application plan.
3. Anticipated Noncompliance
The Permittee shall give advance notice to the Director of any planned changes to the permitted facility or other
activities that might result in noncompliance with the permit [40 CFR 122.41(1)(2)].
4. Transfers
This permit is not transferable to any person without prior written notice to and approval from the Director in
accordance with 40 CFR 122.61. The Director may condition approval in accordance with NCGS 143-215.1, in
particular NCGS 143-215.1(b)(4)b.2., and may require modification or revocation and reissuance of the peiniit, or
a minor modification, to identify the new permittee and incorporate such other requirements as may be necessary
under the CWA [40 CFR 122.41(1)(3), 122.61] or state statute.
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5. Monitoring Reports
Monitoring results shall be reported at the intervals specified elsewhere in this permit [40 CFR 122.41(1)(4)].
a. Monitoring results must be reported on a Discharge Monitoring Report (DMR) (See Part II.D.2) or fauns
provided by the Director for reporting results of monitoring of sludge use or disposal practices.
b. If the Permittee monitors any pollutant more frequently than required by this permit using test procedures
approved under 40 CFR Part 136 and at a sampling location specified in this permit or other appropriate
instrument governing the discharge, the results of such monitoring shall be included in the calculation and
reporting of the data submitted on the DMR.
6. Twenty-four Hour Reporting
a. The Permittee shall report to the Director or the appropriate Regional Office any noncompliance that
potentially threatens public health or the environment. Any information shall be provided orally within 24
hours from the time the Permittee became aware of the circumstances. A written submission shall also be
provided within 5 days of the time the Permittee becomes aware of the circumstances. The written submission
shall contain a description of the noncompliance, and its cause; the period of noncompliance, including exact
dates and times, and if the noncompliance has not been corrected, the anticipated time it is expected to
continue; and steps taken or planned to reduce, eliminate, and prevent reoccurrence of the noncompliance [40
CFR 122.41(1)(6)].
b. The Director may waive the written report on a case -by -case basis for reports under this section if the oral
report has been received within 24 hours.
c. Occurrences outside normal business hours may also be reported to the Division's Emergency Response
personnel at (800) 662-7956, (800) 858-0368 or (919) 733-3300.
7. Other Noncompliance
The Permittee shall report all instances of noncompliance not reported under Part II.E.5 and 6. of this permit at the
time monitoring reports are submitted. The reports shall contain the information listed in Part II.E.6. of this permit
[40 CFR 122.41(1)(7)].
8. Other Information
Where the Permittee becomes aware that it failed to submit any relevant facts in a permit application, or submitted
incorrect information in a permit application or in any report to the Director, it shall promptly submit such facts or
information [40 CFR 122.41(1)(8)].
9. Noncompliance Notification
The Permittee shall report by telephone to either the central office or the appropriate regional office of the Division
as soon as possible, but in no case more than 24 hours or on the next working day following the occurrence or first
knowledge of the occurrence of any of the following:
a. Any occurrence at the water pollution control facility which results in the discharge of significant amounts of
wastes which are abnormal in quantity or characteristic, such as the dumping of the contents of a sludge
digester; the known passage of a slug of hazardous substance through the facility; or any other unusual
circumstances.
b. Any process unit failure, due to known or unknown reasons, that render the facility incapable of adequate
wastewater treatment such as mechanical or electrical failures of pumps, aerators, compressors, etc.
c. Any failure of a pumping station, sewer line, or treatment facility resulting in a by-pass without treatment of all
or any portion of the influent to such station or facility.
Persons reporting such occurrences by telephone shall also file a written report within 5 days following first
knowledge of the occurrence. Also see reporting requirements for municipalities in Part IV.C.2.c. of this petunit.
10. Availability of Reports
Except for data determined to be confidential under NCGS 143-215.3 (a)(2) or Section 308 of the Federal Act, 33
USC 1318, all reports prepared in accordance with the terms shall be available for public inspection at the offices
of the Division. As required by the Act, effluent data shall not be considered confidential. Knowingly making any
false statement on any such report may result in the imposition of criminal penalties as provided for in NCGS 143-
215.1(b)(2) or in Section 309 of the Federal Act.
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11 Penalties for Falsification of Reports
The CWA provides that any person who knowingly makes any false statement, representation, or certification in
any record or other document submitted or required to be maintained under this permit, including monitoring
reports or reports of compliance or noncompliance shall, upon conviction, be punished by a fine of not more than
$25,000 per violation, or by imprisonment for not more than two years per violation, or by both [40 CFR 122.41].
12. Annual Performance Reports
Permittees who own or operate facilities that primarily collect or treat municipal or domestic wastewater and have
an average annual flow greater than 200,000 gallons per day shall provide an annual report to the Permit Issuing
Authority and to the users/customers served by the Permittee (NCGS 143-215.1C). The report shall summarize the
performance of the collection or treatment system, as well as the extent to which the facility was compliant with
applicable Federal or State laws, regulations and rules pertaining to water quality. The report shall be provided no
later than sixty days after the end of the calendar or fiscal year, depending upon which annual period is used for
evaluation.
The report shall be sent to:
NC DENR / Division of Water Resources / Water Quality Permitting Section
ATTENTION: Central Files
1617 Mail Service Center
Raleigh, North Carolina 27699-1617
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PART III
OTHER REQUIREMENTS
Section A. Construction
a. The Permittee shall not commence construction of wastewater treatment facilities, nor add to the plant's treatment
capacity, nor change the treatment process(es) utilized at the treatment plant unless (1) the Division has issued an
Authorization to Construct (AtC) permit or (2) the Permittee is exempted from such AtC permit requirements
under Item b of this Section.
b. In accordance with NCGS 143-215.1(a5) [SL 2011-394], no permit shall be required to enter into a contract for the
construction, installation, or alteration of any treatment work or disposal system or to construct, install, or alter any
treatment works or disposal system within the State when the system's or work's principle function is to conduct,
treat, equalize, neutralize, stabilize, recycle, or dispose of industrial waste or sewage from an industrial facility and
the discharge of the industrial waste or sewage is authorized under a permit issued for the discharge of the
industrial waste or sewage into the waters of the State. Notwithstanding the above, the permit issued for the
discharge may be modified if required by federal regulation.
Issuance of an AtC will not occur until Final Plans and Specifications for the proposed construction have been
submitted by the Permittee and approved by the Division.
c.
Section B. Groundwater Monitoring
The Permittee shall, upon written notice from the Director, conduct groundwater monitoring as may be required to
determine the compliance of this NPDES permitted facility with the current groundwater standards.
Section C. Changes in Discharges of Toxic Substances
The Permittee shall notify the Permit Issuing Authority as soon as it knows or has reason to believe (40 CFR 122.42):
a. That any activity has occurred or will occur which would result in the discharge, on a routine or frequent basis, of
any toxic pollutant which is not limited in the permit, if that discharge will exceed the highest of the following
"notification levels";
(1) One hundred micrograms per liter (100 µg/L);
(2) Two hundred micrograms per liter (200 µg/L) for acrolein and acrylonitrile; five hundred micrograms per liter
(500 µg/L) for 2,4-dinitrophenol and for 2-methyl-4,6-dinitrophenol; and one milligram per liter (1 mg/L) for
antimony;
(3) Five times the maximum concentration value reported for that pollutant in the permit application.
b. That any activity has occurred or will occur which would result in any discharge, on a non -routine or infrequent
basis, of a toxic pollutant which is not limited in the permit, if that discharge will exceed the highest of the
following "notification levels";
(1) Five hundred micrograms per liter (500 µg/L);
(2) One milligram per liter (1 mg/L) for antimony;
(3) Ten times the maximum concentration value reported for that pollutant in the permit application.
Section D. Facility Closure Requirements
The Permittee must notify the Division at least 90 days prior to the closure of any wastewater treatment system covered
by this permit. The Division may require specific measures during deactivation of the system to prevent adverse
impacts to waters of the State. This permit cannot be rescinded while any activities requiring this permit continue at the
permitted facility.
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PART IV
SPECIAL CONDITIONS FOR MUNICIPAL FACILITIES
Section A. Definitions
In addition to the definitions in Part II of this permit, the following defmitions apply to municipal facilities:
Indirect Discharge or Industrial User
Any non -domestic source that discharges wastewater containing pollutants into a POTW regulated under section
307(b), (c) or (d) of the CWA. [40 CFR 403.3 (i) and (j) and 15A NCAC 02H .0903(b)(11)]
Interference
Inhibition or disruption of the POTW treatment processes; operations; or its sludge process, use, or disposal which
causes or contributes to a violation of any requirement of the Permittee's (or any satellite POTW's if different from the
Peiniittee) NPDES, collection system, or non -discharge permit or prevents sewage sludge use or disposal in
compliance with specified applicable State and Federal statutes, regulations, or permits. [15A NCAC 02H
.0903(b)(14)]
Pass Through
A discharge which exits the POTW into waters of the State in quantities or concentrations which, alone or with
discharges from other sources, causes a violation, including an increase in the magnitude or duration of a violation, of
the Permittee's (or any satellite POTW's, if different from the Pennittee) NPDES, collection system, or non -discharge
permit. [15A NCAC 02H .0903(b)(23)]
Publicly Owned Treatment Works (POTW)
A treatment works as defined by Section 212 of the CWA, which is owned by a State or local government organization.
This definition includes any devices and systems used in the storage, treatment, recycling and reclamation of municipal
sewage or industrial wastes of a liquid nature. It also includes the collection system, as defined in 15A NCAC 2T
.0402, only if it conveys wastewater to a POTW treatment plant. The term also means the local government
organization, or municipality, as defined in section 502(4) of the CWA, which has jurisdiction over indirect discharges
to and the discharges from such a treatment works. In this context, the organization may be the owner of the POTW
treatment plant or the owner of the collection system into which an indirect discharger discharges. This second type of
POTW may be referred to as a "satellite POTW organization." [15A NCAC 02H .0903(b)(26)]
"Significant Industrial User" or "SIU"
An Industrial User that discharges wastewater into a publicly owned treatment works and that [15A NCAC 02H
.0903(b)(33)]:
1. Discharges an average of 25,000 gallons per day or more of process wastewater to the POTW (excluding sanitary,
noncontact cooling and boiler blowdown wastewaters); or
2. Contributes process wastewater which makes up five percent or more of the NPDES or non -discharge permitted
flow limit or organic capacity of the POTW treatment plant. In this context, organic capacity refers to BOD, TSS
and ammonia; or
3. Is subject to categorical standards under 40 CFR Part 403.6 and 40 CFR Parts 405-471; or
4. Is designated as such by the Permittee on the basis that the Industrial User has a reasonable potential for adversely
affecting the POTW's operation or for violating any pretreatment standard or requirement, or the POTW's effluent
limitations and conditions in its NPDES or non -discharge permit, or to limit the POTW's sludge disposal options;
5. Subject to approval under 15A NCAC 02H .0907(b), the Permittee may determine that an Industrial User meeting
the criteria in paragraphs 1 or 2 of this definition above has no reasonable potential for adversely affecting the
POTW's operation or for violating any pretreatment standard or requirement, the POTW's effluent limitations and
conditions in its NPDES or non -discharge permit, or to limit the POTW's sludge disposal options, and thus is not a
Significant Industrial User (SIU); or
6. Subject to approval under 15A NCAC 02H .0907(b), the Permittee may determine that an Industrial User meeting
the criteria in paragraph 3 of this definition above meets the requirements of 40 CFR Part 403.3(v)(2) and thus is a
non -significant categorical Industrial User.
Section B. Publicly Owned Treatment Works (POTWs)
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Section C. Municipal Control of Pollutants from Industrial Users.
1. Effluent limitations are listed in Part I of this permit. Other pollutants attributable to inputs from Industrial Users
discharging to the POTW may be present in the Permittee's discharge. At such time as sufficient information
becomes available to establish limitations for such pollutants, this permit may be revised to specify effluent
limitations for any or all of such other pollutants in accordance with best practicable technology or water quality
standards.
2. Prohibited Discharges
a. The Permittee shall develop and enforce their Pretreatment Program to implement the prohibition against the
introduction of pollutants or discharges into the waste treatment system or waste collection system which
cause or contribute to Pass Through or Interference as defined in 15A NCAC 02H .0900 and 40 CFR 403. [40
CFR 403.5(a)(1)]
b. The Permittee shall develop and enforce their Pretreatment Program to implement the prohibitions against the
introduction of the following wastes in the waste treatment or waste collection system [40 CFR 403.5(b)]:
(1) Pollutants which create a fire or explosion hazard in the POTW, including, but not limited to,
wastestreams with a closed cup flashpoint of less than 140 degrees Fahrenheit or 60 degrees Centigrade
using the test methods specified in 40 CFR 261.21;
(2) Pollutants which cause corrosive structural damage to the POTW, but in no case discharges with pH lower
than 5.0, unless the works is specifically designed to accommodate such discharges;
Solid or viscous pollutants in amounts which cause obstruction to the flow in the POTW resulting in
Interference;
(4) Any pollutant, including oxygen demanding pollutants (BOD, etc.) released in a Discharge at a flow rate
and/or pollutant concentration which will cause Interference with the POTW;
Heat in amounts which will inhibit biological activity in the POTW resulting in Interference, but in no
case heat in such quantities that the temperature at the POTW Treatment Plant exceeds 40°C (104°F)
unless the Division, upon request of the POTW, approves alternate temperature limits;
(6) Petroleum oil, non -biodegradable cutting oil, or products of mineral oil origin in amounts that will cause
Interference or Pass Through;
(7) Pollutants which result in the presence of toxic gases, vapors, or fumes within the POTW in a quantity that
may cause acute worker health and safety problems; or
(8) Any trucked or hauled pollutants, except at discharge points designated by the POTW.
c. The Permittee shall investigate the source of all discharges into the POTW, including slug loads and other
unusual discharges, which have the potential to adversely impact the Permittee's Pretreatment Program and/or
the operation of the POTW.
The Permittee shall report such discharges into the POTW to the Director or the appropriate Regional Office.
Any information shall be provided orally within 24 hours from the time the Permittee became aware of the
circumstances. A written submission shall also be provided within 5 days of the time the Penmittee becomes
aware of the circumstances. The written submission shall contain a description of the discharge; the
investigation into possible sources; the period of the discharge, including exact dates and times; if the
discharge has not ceased, the anticipated time it is expected to continue; and steps taken or planned to reduce,
eliminate, and prevent reoccurrence of the noncompliance,
All POTWs must provide adequate notice to the Director of the following [40 CFR 122.42(b)]:
1. Any new introduction of pollutants into the POTW from an indirect discharger, regardless of the means of
transport, which would be subject to section 301 or 306 of CWA if it were directly discharging those pollutants;
and
2. Any substantial change in the volume or character of pollutants being introduced by an indirect discharger as
influent to that POTW at the time of issuance of the permit.
3. For purposes of this paragraph, adequate notice shall include information on (1) the quality and quantity of effluent
introduced into the POTW, and (2) any anticipated impact that may result from the change of the quantity or
quality of effluent to be discharged from the POTW.
(3)
(5)
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3. With regard to the effluent requirements listed in Part I of this permit, it may be necessary for the Permittee to
supplement the requirements of the Federal Pretreatment Standards (40 CFR, Part 403) to ensure compliance by
the Permittee with all applicable effluent limitations. Such actions by the Permittee may be necessary regarding
some or all of the industries discharging to the municipal system.
4. The Permittee shall require any Industrial User (IU) discharging to the POTW to meet Federal Pretreatment
Standards developed under Section 307(b) of the Act as amended (which includes categorical standards and
specific local limits, best management practices and narrative requirements). Prior to accepting wastewater from
any Significant Industrial User (SIU), the Permittee shall either develop and submit to the Division a new
Pretreatment Program or, as necessary, a modification of an existing Pretreatment Program, for approval as
required under section D below as well as 15A NCAC 02H .0907(a) and (b). [40 CFR 122.44(j)(2)]
5. This permit shall be modified, or alternatively, revoked and reissued, to incorporate or modify an approved POTW
Pretreatment Program or to include a compliance schedule for the development of a POTW Pretreatment Program
as required under Section 402 (b)(8) of the CWA and implementing regulations or by the requirements of the
approved State pretreatment program, as appropriate.
Section D. Pretreatment Programs
Under authority of sections 307 (b) and (c) and 402(b)(8) of the CWA and implementing regulations 40 CFR 403,
North Carolina General Statute 143-215.3(14) and implementing regulations 15A NCAC 02H .0900, and in accordance
with the approved pretreatment program, all provisions and regulations contained and referenced in the pretreatment
program submittal are an enforceable part of this permit. [40 CFR 122.44(j)(2)]
The Pennittee shall operate its approved pretreatment program in accordance with Section 402(b)(8) of the CWA, 40
CFR 403, 15A NCAC 02H .0900, and the legal authorities, policies, procedures, and financial provisions contained in
its pretreatment program submission and Division approved modifications thereof. Such operation shall include but is
not limited to the implementation of the following conditions and requirements. Terms not defined in Part II or Part IV
of this pen -nit are as defined in 15A NCAC 02H .0903 and 40 CFR 403.3.
1. Sewer Use Ordinance (SUO)
The Pennittee shall maintain adequate legal authority to implement its approved pretreatment program. [15A
NCAC 02H .0903(b)(32), .0905 and .0906(b)(1); 40 CFR 403.8(f)(1) and 403.9(b)(1) and (2)]
2. Industrial Waste Survey (IWS)
The Pennittee shall implement an IWS consisting of the survey of users of the POTW collection system or
treatment plant, as required by 40 CFR 403.8(f)(2)(i-iii) and 15A NCAC 02H .0905 [also 40 CFR 122.44(j)(1)],
including identification of all Industrial Users that may have an impact on the POTW and the character and amount
of pollutants contributed to the POTW by these Industrial Users and identification of those Industrial Users
meeting the definition of SIU. Where the Permittee accepts wastewater from one or more satellite POTWs, the
IWS for the Pennittee shall address all satellite POTW services areas, unless the pretreatment program in those
satellite service areas is administered by a separate Pennittee with an approved Pretreatment Program. The
Permittee shall submit a summary of its IWS activities to the Division at least once every five years, and as
required by the Division. The IWS submission shall include a summary of any investigations conducted under
paragraph C.2.c. of this Part. [15A NCAC 02H .0903(b)(13), .0905 and .0906(b)(2); 40 CFR 403.8(f)(2) and 403.9]
3. Monitoring Plan
The Permittee shall implement a Division -approved Monitoring Plan for the collection of facility specific data to
be used in a wastewater treatment plant Headworks Analysis (HWA) for the development of specific pretreatment
local limits. Effluent data from the Plan shall be reported on the DMRs (as required by Parts II.D and H.E.5.). [15A
NCAC 02H .0903(b)(16), .0906(b)(3) and .0905]
4. Headworks Analysis (HWA) and Local Limits
The Permittee shall obtain Division approval of a HWA at least once every five years, and as required by the
Division. Within 180 days of the effective date of this permit (or any subsequent permit modification) the
Permittee shall submit to the Division a written technical evaluation of the need to revise local limits (i.e., an
updated HWA or documentation of why one is not needed) [40 CFR 122.44]. The Peiiiuttee shall develop, in
accordance with 40 CFR 403.5(c) and 15A NCAC 02H .0909, specific Local Limits to implement the prohibitions
listed in 40 CFR 403.5(a) and (b) and 15A NCAC 02H .0909. Pursuant to 40 CFR 403.5, local limits are
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enforceable Pretreatment Standards as defined by 40 CFR 403.3(1). [15A NCAC 02H .0903(b)(10), .0905, and
.0906(b)(4)]
5. Industrial User Pretreatment Permits (IUP) & Allocation Tables
In accordance with NCGS 143-215.1, the Permittee shall issue to all Significant Industrial Users, permits for
operation of pretreatment equipment and discharge to the Permittee's collection system or treatment works. These
permits shall contain limitations, sampling protocols, reporting requirements, appropriate standard and special
conditions, and compliance schedules as necessary for the installation of treatment and control technologies to
assure that their wastewater discharge will meet all applicable pretreatment standards and requirements. The
Permittee shall maintain a current Allocation Table (AT) which summarizes the results of the HWA and the limits
from all IUPs. Permitted IUP loadings for each parameter cannot exceed the treatment capacity of the POTW as
determined by the HWA. [15A NCAC 02H .0906(b)(6), .0909, .0916, and .0917; 40 CFR 403.5, 403.8(f)(1)(iii);
NCGS 143-215.67(a)]
6. Authorization to Construct (AtC)
The Permittee shall ensure that an Authorization to Construct permit (AtC) is issued to all applicable Industrial
Users for the construction or modification of any pretreatment facility. Prior to the issuance of an AtC, the
proposed pretreatment facility and treatment process must be evaluated for its capacity to comply with all
Industrial User Pretreatment Permit (IUP) limitations. [15A NCAC 02H .0906(b)(7) and .0905; NCGS 143-
215.1(a)(8)]
7. POTW Inspection & Monitoring of their lUs
The Permittee shall conduct inspection, surveillance, and monitoring activities as described in its Division
approved pretreatment program in order to determine, independent of information supplied by Industrial Users,
compliance with applicable pretreatment standards. [15A NCAC 02H .0908(e); 40 CFR 403.8(f)(2)(v)] The
Permittee must:
a. Inspect all Significant Industrial Users (SIUs) at least once per calendar year;
b. Sample all Significant Industrial Users (SIUs) at least once per calendar year for all SIU permit -limited
parameters including flow except as allowed under 15A NCAC .0908(e); and
c. At least once per year, document an evaluation of any non -significant categorical Industrial User for
compliance with the requirements in 40 CFR 403.3(v)(2), and either continue or revoke the designation as non-
significant.
8. IU Self Monitoring and Reporting
The Permittee shall require all Industrial Users to comply with the applicable monitoring and reporting
requirements outlined in the Division -approved pretreatment program, the industry's pretreatment permit, or in 15A
NCAC 02H .0908. [15A NCAC 02H .0906(b)(5) and .0905; 40 CFR 403.8(f)(1)(v) and (2)(iii); 40 CFR
122.44(j)(2) and 40 CFR 403.12]
9. Enforcement Response Plan (ERP)
The Permittee shall enforce and obtain appropriate remedies for violations of all pretreatment standards
promulgated pursuant to section 307(b) and (c) of the CWA (40 CFR 405 et. seq.), prohibitive discharge standards
as set forth in 40 CFR 403.5 and 15A NCAC 02H .0909, specific local limitations, and other pretreatment
requirements. All remedies, enforcement actions and other, shall be consistent with the Enforcement Response
Plan (ERP) approved by the Division. [15A NCAC 02H .0903(b)(7), .0906(b)(8) and .0905; 40 CFR 403.8(0(5)]
10. Pretreatment Annual Reports (PAR)
The Permittee shall report to the Division in accordance with 15A NCAC 02H .0908. In lieu of submitting annual
reports, Modified Pretreatment Programs developed under 15A NCAC 02H .0904 (b) may be required to submit a
partial annual report or to meet with Division personnel periodically to discuss enforcement of pretreatment
requirements and other pretreatment implementation issues.
For all other active pretreatment programs, the Permittee shall submit two copies of a Pretreatment Annual Report
(PAR) describing its pretreatment activities over the previous calendar year to the Division at the following
address:
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NC DENR / Division of Water Resources / Water Quality Permitting Section
Pretreatment, Emergency Response, and Collection Systems (PERCS) Unit
1617 Mail Service Center
Raleigh, North Carolina 27699-1617
These reports shall be submitted by March 1 of each year and shall contain the following:
a. Narrative
A narrative summary detailing actions taken, or proposed, by the Permittee to correct significant non-
compliance and to ensure compliance with pretreatment requirements;
b. Pretreatment Program Summary (PPS)
A pretreatment program summary (PPS) on foul's or in a format provided by the Division;
c. Significant Non -Compliance Report (SNCR)
A list of Industrial Users (lUs) in significant noncompliance (SNC) with pretreatment requirements, and the
nature of the violations on forms or in a format provided by the Division;
d. Industrial Data Summary Forms (IDSF)
Monitoring data from samples collected by both the POTW and the Significant Industrial Users (SIUs). These
analytical results must be reported on Industrial Data Summary Forms (IDSF) or on other forms or in a format
provided by the Division;
e. Other Information
Copies of the POTW's allocation table, new or modified enforcement compliance schedules, public notice of
IUs in SNC, a summary of data or other information related to significant noncompliance determinations for
Ws that are not considered SIUs, and any other information, upon request, which in the opinion of the Director
is needed to determine compliance with the pretreatment implementation requirements of this permit;
11. Public Notice
The Permittee shall publish annually a list of Industrial Users (IUs) that were in significant noncompliance (SNC)
as defined in the Permittee's Division -approved Sewer Use Ordinance with applicable pretreatment requirements
and standards during the previous twelve month period. This list shall be published within four months of the
applicable twelve-month period. [15A NCAC 02H .0903(b)(34), .0908(b)(5) and .0905 and 40 CFR
403.8(f)(2)(viii)]
12. Record Keeping
The Permittee shall retain for a minimum of three years records of monitoring activities and results, along with
support information including general records, water quality records, and records of industrial impact on the
POTW and shall retain all other Pretreatment Program records as required by 15A NCAC 02H .0908(f). [15A
NCAC 02H .0908(f); 40 CFR 403.12(o)]
13. Pretreatment Program Resources
The Permittee shall maintain adequate funding and qualified personnel to accomplish the objectives of its approved
pretreatment program. and retain a written description of those current levels of inspection. [15A NCAC 02H
.0906(b)(9) and (10) and .0905; 40 CFR 403.8(f)(3), 403.9(b)(3)]
14. Modification to Pretreatment Programs
Modifications to the approved pretreatment program including but not limited to local limits modifications, POTW
monitoring of their Significant Industrial Users (SIUs), and Monitoring Plan modifications, shall be considered a
permit modification and shall be governed by 40 CFR 403.18, 15 NCAC 02H .0114 and 15A NCAC 02H .0907.
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