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NC0037419_Regional Office Historical File Pre 2018
Tt" Cfall lVe C) WAN tr4vittimuloim wkNocusio MT) x 1988 woonsylus State of North Carolina .j Department of Natural Resources and Community Development Division of Environmental Management 512 North Salisbury Street • Raleigh, North Carolina 27611 James G. Martin, Governor S. Thomas Rhodes, Seuutary OC4Der- 0255) 190 fltr. 144 7-e tilgns.; Fli(kD�r jZ i �QS�iar�rAn filar,: �Ht. ttlew 0,11 A!. e, 2P651' Dear in'", 1�t41: R. Paul Wilms Director SUBJECT: NPDES Permit Application L. ao31 �14 (krl^•vl lLtresei `\ Co1-66v15e5s. County On Ot4. 7F»IRJi' , the Division of Environmenta]. Management received a NPDES Permit Application for the subject facility. The application is considered incomplete. Therefore, the. Division of Environmental Management is returning the application. The returned information must be resubinitted with the following to complete the application: ✓ A check for $ '5.00 made payable to the N. C. Department of Natural Resources and Community Development. The attached application, completed and signed by the appropriate official, and submitted in triplicate; For permit .renewals, a letter requesting renewal; Engineering Proposal (see attached); Nutrient Sensitive Waters Information (see attached);' Other A k+-/er r44ae.S ti►m /last C`PPle Thy _,L hskld r,�rJ�.de �ar•a�-�Fr�b-e _ o-F kPS4 ck1 aced w p2r4j ems. The Division of Environmental Management wil.l initiate the permit review process upon receipt of the above requested information. The receipt of the above information does not preclude this Division from requesting additional information at a future date. If you have any questions, please contact Mr. Dale Overcasts at (919) 733-5083. cc: rflDresr;rf Sincerely, Arthur Mouberry, P.E. Supervisor, Permits and Engineering Regional. Office Pollution Prevention Pays P.O. Box 27687, Raleigh, North Carolina 27611-7687 Telephone 919-733-7015 James G. Martin, S. Thomas Rhodes, Secretary Ms. Anne M. Martin Fat Boys' Restaurant P© Box 127 Barium Springs, Nt" 28010 Dear Ms. Martin: State of North Carolina Aepa©f'Natural Resources and Community Development Division of Environmental Management 512 North Salisbury Street • Raleigh, North Carolina 27611 November 12, 1987 CERTIFIED MAIL RETURN RECEIPT REQUESTED Subject: Permit No. NC0037419 Fat Boys' Restaurant Catawba County R. Paul Wilms Director In accordance with your application for discharge permit received on April 16, 1987, we are forwarding herewith the subject State ® NPDES permit. This permit is issued pursuant to the requirements of North Carolina General Statute 143-215.1 and the Memorandum of Agreement between North Carolina and the US Environmental Protection Agency dated December 6, 1983. If any parts, measurement frequencies or sampling requirements contained in this permit are unacceptable to you, you may request a waiver or modification pursuant to Regulation 15 NCAC 2B .0508(b) by written request to the Director identifying the specific issues to be contended. Unless such request is made within 30 days following receipt of this permit, this permit shall be final and binding. Should your request be denied, you will have the right to request an adjudicatory hearing. Please take notice that this permit is not transferable. Part II, B.2. addresses the requirements to be followed in case of change in ownership or control of this discharge. This permit does not affect the legal requirement to obtain other permits which may be required by the Division of Environmental Management or permits required by the Division of Land Resources, Coastal Area Management Act or any other Federal or Local governmental permit that may be required. If you have any questions concerning this permit, please contact Mr. Mack Wiggins, at telephone number 919/733-5083. Sincerely, SIGNED BY tO L ti ? E. R'R aY R. Paul Wilms cc: Mr. Jim Patrick, EPA Mooresville Regional Supervisor Pollution Prevemtion Pays 27 North Carolina 27611-7687 Telephone 919-733-7015 An Equal Opportunity Affirmative Action Employer Permit No. NC0037419 STATE OF NORTH CAROLINA DEPARTMENT OF NATURAL RESOURCES AND COMMUNITY DEVELOPMENT DIVISION OF ENVIRONMENTAL MANAGEMENT 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, FAT BOY'S RESTAURANT is hereby authorized to discharge wastewater from a facility located at Fat Boy's Restaurant on U.S. Highway 321-64-70 Catawba County to receiving waters designated as Clark Creek in the Catawba River Basin in accordance with effluent limitations, monitoring requirements, and other conditions set forth in Parts I, II, and III hereof. This permit shall become effective December 1, 1987 This permit and the authorization to discharge shall expire at midnight on November 30, 1992 Signed this day of November 12, 1987 M ARTUROUBERRY ARCH FOR R. Paul Wilms, Director Division of Environmental Management By Authority of the Environmental Management Commission Permit No. NC0037419 SUPPLEMENT TO PERMIT COVER SHEET Fat Boy's Restaurant is hereby authorized to: 1. Continue to operate an existing 8,000 GPD wastewater treatment facility consisting of an 8,000 gallon septic tank and sub- surface sand filter located at Fat Boy's Restaurant (Note: Part III of this Permit); and 2. Discharge from said treatment works into Clark Creek which is classified Class "C" waters in the Catawba River Basin. 3 w A. (1). EFFLUEN1 LIMITATIONS AND MONITORING REQUIREMENTS Final During the period beginning on the effective date of the Permitand lasting until expiration, the pennittee is authorized to discharge from outfall(s) serial number(s)ool. Such discharges shall be limited and monitored by the permittee as specified below: Effluent Characteristics Discharge Limitations Monitoring Requirements Kq(day (lbs/da) Other•Units (Specify) Measurement Se.ample, * Sam l Monthly Avg. Weekly Avg. Monthly Avg. weekly Avg. requency. Type L&I-ttWi Flow 0.008 MG D Weekly Instantaneous I or E BOD, 5Day, 20°C 30.0 mg/1 45.0 mg/1 2/Month Grab E Total Suspended Residue ' 30. 0 mg /1 45. 0 mg/1 2/Month Grab E NH3 as N Monthly Grab E Temperature Weekly Grab E *Sample locations: E - Effluent, I - Influent The pH shall not be less than 6.0 standard units nor greater than 9.0 standard units and shall be monitored 2/Month at the effluent by grab sample. There shall be no discharge of floating solids or visible foam, in other than trace amounts. Part I Permit No. NC B. SCHEDULE OF COMPLIANCE 1. The permittee shall achieve compliance with the effluent limitations specified for discharges in accordance with the folllowing schedule: NOT APPLICABLE 2. No later than 14 calendar days following a date identified in the above schedule of compliance, the permittee shall submit either a report of progress or, in the case of specific actions being required by identified dates, a written notice of compliance or noncompliance. In the latter case, the notice shall include the cause of noncompliance, any remedial actions taken, and the probability of meeting the next scheduled requirement. r H4 C. MONITORING AND REPORTING 1. Representative .Sampling Samples collected and measurements taken as required herein shall be characteristic of the volume and nature of the permitted discharge. Samples collected at a frequency less than daily shall be taken on a day and time that is characteristic of the discharge over the entire period which the sample represents. 2. Reporting Monitoring results obtained during the previous month(s) shall be summarized for each month and reported on a monthly Discharge Monitoring Report (DMR) Form (DEM No. MR 1, 1.1, 2, 3,) or alternative forms approved by the Director, DEM, postmarked no later than the 30th day following the completed reporting period. The first DMR is due on the last day of the month following the issuance of the permit or in the case of a new facility, on the last day of the month following the commencement of discharge. Duplicate signed copies of these, and all other reports required herein, shall be submitted to the following address: Division of Environmental Management Water Quality Section ATTN: Central Files Post Office Box 27687 Raleigh, NC 27611 3. Definitions a. Act or "the Act": The Federal Water Pollution Control Act, also know as the Clean Water Act, as amended, 33 U.S.C. 1251, et. seq. b. The monthly average, other than for fecal coliform bacteria, is the arithmetic mean of all the samples collected in one calendar month. The monthly average for fecal coliform bacteria is the geometric mean of samples collected in one calendar month. c. The weekly average, other than for fecal coliform bacteria, is the arithmetic mean of all the samples collected during one calendar week (Sun -Sat). The weekly average for fecal coliform bacteria is the geometric mean of all samples collected in one calendar week (Sun -Sat). H 5 d. DEM or Division: means the Division of Environmental Management, Department of Natural Resources and Community Development. e. EMC: used herein means the North Carolina Environmental Management Commission. f. Flow, M3/day (MGD): The flow limit expressed in this permit is the 24 hour average flow, averaged monthly. It is determined as the arithmetic mean of the total daily flows recorded during the calendar month. g. Arithmetic Mean: The arithmetic mean of any set of values is the summation of the individual values divided by the number of individual values. h. Geometric Mean: The geometric mean of any set of values is the Nth root of the product of the individual values where N is equal to the number of individual values. The geometric mean is equivalent to the antilog of the arithmetic mean of the logarithms of the individual values. For purposes of calculating the geometric mean, values of zero (0) shall be considered to be one (1). i. Composite Sample: These samples consist of grab samples collected at equal intervals and'combined proportional to flow, a sample continuously collected proportionally to flow, or equal volumes taken at varying time intervals. If a composite sample is obtained from grab samples, the following requirements apply. The intervals between influent grab samples shall be no greater than hourly. Intervals between effluent grab samples shall be no greater than hourly except where the detention time of the wastewater in the facility is greater than 24 hours, in which case, the interval between grab samples shall be no greater in number of hours than the detention time in number of days; provided, however, in no case may the time between effluent grab samples be greater than six hours nor the number of grab samples less :than four during any discharge period of 24 hours or less. j. Grab Sample: Grab samples are individual samples collected over a period of time not exceeding 15 minutes; the grab sample can be taken manually. H 6 4. Test Procedures Test procedures for the analysis of pollutants shall conform to the EMC regulations published pursuant to N.C.G.S. 143-215.63 et seq, the Water and Air Quality Reporting Act, and to regulations published pursuant to Section 304(g), 33 USC 1314, of the Federal Water Pollution Control Act, As Amended, and Regulation 40 CFR 136. 5. Recording Results For each measurement or sample taken pursuant to the requirements of this permit, the permittee-shall record'the following information: a. The exact place, date, and time of sampling; b. The dates the analyses were performed; and c. The person(s) who performed the analyses. 6. Additional Monitoring by Permittee If the permittee monitors any pollutant at the location(s) designated herein more frequently than required by this permit, using approved analytical methods as specified above, the results of such monitoring shall be included in the calculation and reporting of the values is required in the DMR. Such increased frequency shall also be indicated. The DEM may require more frequent monitoring or the monitoring of other pollutants not required in this permit by written notification. 7. Records Retention -All records and information resulting from the monitoring activities required by this Permit including all records of analyses performed and calibration and maintenance of instrumentation and recordings from continuous monitoring instrumentation shall be retained for a minimum of three (3) years. This period of retention shall be extended during the course of any unresolved litigation or if requested by the Division of Environmental Management or the Regional Administrator of the Environmental Protection Agency. H 7 PART II GENERAL CONDITIONS A. MANAGEMENT REQUIREMENTS 1. Change in Discharge All discharges authorized herein shall be consistent with the terms and conditions of this permit. The discharge of any pollutant identified in this permit more frequently than or at a level in excess of that authorized shall constitute a violation of the permit. Any anticipated facility expansions, production increases, or process modifications which will result in new, different, or increased discharges of pollutants must be reported by submission of a new NPDES application or, if such changes will not violate the effluent limitations specified in this permit, by notice to the DEM of such changes. Following such notice, the permit may be modified to specify and limit any pollutants not previously limited. 2. Noncompliance Notification The permittee shall report by telephone to either the central office or appropriate regional office of the division as soon as possible but in no case more than 24 hours or on the next working day following the occurrence or first knowledge of the occurrence of any of the following: a. Any occurrence at the water pollution control facility which results in the discharge of significant amounts of wastes which are abnormal in quantity or characteristic, such as the dumping of the contents of a sludge digester, the known passage of a slug of hazardous substance through, the facility or any other unusual circumstances. b. Any process unit failure, due to known or unknown reasons, that render the facility incapable of adequate wastewater treatment, such as mechanical or electrical failures of pumps, aerators, compressors, etc. c. Any failure of a pumping station, sewer line, or treatment facility resulting in a by-pass directly to receiving waters without treatment of all or any portion of the influent to such station or facility. d. Any time that self -monitoring information indicates that the facility has gone out of compliance with its NPDES permit limitations. H 8 Persons reporting such occurrences by telephone shall also file a written report in letter form within 15 days following first knowledge of the occurrence. 3. Facilities Operation The permittee shall at all times maintain in good working order and operate as efficiently as possible all treatment or control facilities or systems installed or used by the permittee to achieve compliance with the terms and conditions of this permit. 4. Adverse Impact The permittee shall take all reasonable steps to minimize any adverse impact to navigable waters resulting from noncompliance with any effluent limitations specified in this permit, including such accelerated or additional monitoring as necessary to determine the nature and impact of the noncomplying discharge. 5. Bypassing Any diversion from or bypass of facilities is prohibited, except (i) where unavoidable to prevent loss of life or severe property damage, or (ii) where excessive storm drainage or runoff would damage any facilities necessary for compliance with the effluent limitations and prohibitions of this permit. All permittees who have such sewer bypasses or overflows of this discharge shall submit, not later than six months from the date of issuance of this permit, detailed data or engineering estimates which identify: a. The location of each sewer, system bypass or overflow; b. The frequency, duration and quantity of flow from each sewer system bypass or overflow. The permittee shall report by telephone to either the central office or 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 diversion from or bypass of facilities. H 9 6. Removed Substances Solids, sludges, filter backwash, or other pollutants removed in the course of treatment or control of wastewaters shall be disposed of in accordance with NCGS 143-215.1 and in a manner such as to prevent any pollutant from such materials from entering waters of the State or navigable waters of the United States. 7. Power Failures The permittee is responsible for maintaining adequate safeguards 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. 8. 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. B. RESPONSIBILITIES 1. Right of Entry The permittee shall allow the Director of the Division of Environmental Management, the Regional Administrator, and/or their authorized representatives, upon the presentations of credentials: a. To enter upon the permittee's premises where an effluent source is located.or in which any records are required to be kept under the terms and conditions of this permit; and b. At reasonable times to have access to and copy any records required to be kept under the terms and conditions of this permit; to inspect any monitoring equipment or monitoring method required in this permit; and to sample any discharge of pollutants. H 10 2. Transfer of Ownership or Control This permit is not transferable. In the event of any change in name, control or ownership of facilities from which the authorized discharge emanates or is contemplated, the permittee shall notify the prospective owner or controller by letter of the existence of this permit and of the need to obtain a permit in the name of the prospective owner. A copy of the letter shall be forwarded to the Division of Environmental Management. 3. Availability of Reports Except for data determined to be confidential under NCGS 143-215.3(a) (2) or Section 308 of the Federal Act, 33 USC 1318, all reports prepared in accordance with the terms shall be available for public inspection at the offices of the Division of Environmental Management. As required by the Act, effluent data shall not be considered confidential. Knowingly making any false statement on any such report may result in the imposition of criminal penalties as provided for in NCGS 143-215.1(b) (2) or in Section 309 of the Federal Act. 4. Permit Modification After notice and opportunity for a hearing pursuant to NCGS 143-215.1(b) (2) and NCGS 143-215.1(e) respectively, this permit may be modified, suspended, or revoked in whole or in part during its term for cause including, but not limited to, the following: a. Violation of any terms or conditions of this permit; b. Obtaining this permit by misrepresentation or failure to disclose fully all relevant facts; or c. A change in any condition that requires either a temporary or permanent reduction or elimination of the authorized discharge. H 1.1 5. Toxic Pollutants Notwithstanding Part II, B-4 above, if a toxic effluent standard or prohibition (including any schedule of •compliance specified in such effluent standard or prohibition) is established under Section 307(a) of the Act for a toxic pollutant which is present in the discharge, if such standard or prohibition is more stringent than any limitation for such pollutant in this permit, this permit shall be revised or modified in accordance with the toxic effluent standard prohibition and the permittee so notified. 6. Civil and Criminal Liability Except as provided in permit conditions on "Bypassing" (Part II, A-5) and "Power Failures" (Part II, A-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. 7. Oil and Hazardous Substance Liability Nothing in this permit shall be construed to preclude the institution of any legal action or relieve the permittee from any responsibilities, liabilities, or penalties to which the permittee is or may be subject to under NCGS 143-215.75 et seq. or Section 311 of the Federal Act, 33 USC 1321. Furthermore, the permittee is responsible for consequential damages, such as fish kills, even though the responsibility for effective compliance may be temporarily suspended. 8. 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. H 12 9. Severability The provisions provision of invalid, the circumstances, of this permit are severable, and if any this permit to any circumstance is held application of such provision to other and the remainder of this permit shall not be affected thereby. 10. Expiration of Permit Permittee is not authorized to discharge after the expiration date. In order to receive authorization to discharge beyond the expiration date, the permittee shall submit such information, forms, and fees as are required by the agency authorized to issue permits no later than 180 days prior to the expiration date. Any discharge without a permit after the expiration will subject the permittee to enforcement procedures as provided in NCGS 143-215.6, and 33 USC 1251 et seq. H 13 PART III OTHER REQUIREMENTS A. Previous Permits All previous State water quality permits issued to this facility, whether for construction or operation or discharge, are hereby revoked by issuance of this permit. The conditions, requirements, terms, and provisions of this permit authorizing ;discharge under the National Pollutant Discharge Elimination System govern discharges from this facility. B. Construction No construction of wastewater treatment facilities or additions thereto shall be begun until Final Plans and Specifications have been submitted to the Division of Environmental Management and written approval and Authorization to Construct has been issued. C. Certified Operator Pursuant to Chapter 90A of North Carolina General Statutes, the permittee shall employ a certified wastewater treatment plant operator in responsible charge of the wastewater treatment facilities. Such operator must hold a certification of the grade equivalent to or greater than the classification assigned to the wastewater treatment facilities. D. Groundwater Monitoring The permittee shall, upon written notice from the Director of the Division of Environmental Management, conduct groundwater monitoring as may be required to determine the compliance of this NPDES permitted facility with the current groundwater standards. E. Limitations Reopener This permit shall be modified or alternatively, revoked and reissued, to comply with any applicable effluent guideline or water quality standard issued or approved under Sections 302 (b) (2) (c) , and (d) , 304(b)(2), and 307 (a) (2) of the Clean Water Act, if the effluent guideline or water quality standard so issued or approved: 1) contains different conditions or is stringent than any effluent limitation in the 2) controls any pollutant not limited in the otherwise more permit; or permit. H 14 Part III Permit No. NC0037419 F. Toxicity Reopener This permit shall be modified, or revoked and reissued to incorporate toxicity limitations and monitoring requirements in the event toxicity testing or other studies conducted on the effluent or receiving stream indicate that detrimental effects may be expected in the receiving stream as a result of this discharge. G. In the event that violations of the fecal coliform requirements of the North Carolina water quality standards occur as a result of this discharge, disinfection will immediately be required and the permit amended to establish. a coliform effluent limitation. Date: June 10, 1987 NPDES STAFF REPORT AND RECOMMENDATIONS County: Catawba NPDES Permit No. NC 0037419 PART I - GENERAL INFORMATION 1. Facility and Address: Fat Boy's Restaurant Post Office Box 127 Barium Springs, NC 28010 2. Date of Investigation: June 9, 1987 3. Report Prepared By: Michael L. Parker, Environmental) Engineer I 4. Person Contacted: No one 5. Directions to Site: The site is located on the right (north) side of Highway 321-64-70 approximately 0.45 mile west of the junction of Highway 321-64-70 and S. R. 1476 (Fairgrove Church Road). 6. Discharge Point - Latitude: 350 41' 54"" Longitude: 800 16' 15" Attach a USGS Map Extract and indicate treatment plant site and discharge point on map. USGS Quad No.: E 13 NE 7. Size (land available for expansion and upgrading): There is limited, if any, area available for any future expansion. 8. Topography (relationship to flood plain included): Gently rolling, 3-6% slopes. Wastewater treatment facilities not located in a flood plain area. 9. Location of Nearest Dwelling: Approximately 3 within 300 feet of the existing facilities. 10. Receiving Stream or Affected Surface Waters: Clark Creek a. Classification: C b. River Basin and Subbasin No.: Catawba 030835 Page Two c. Describe receiving stream features and pertinent downstream uses: Good flow observed in receiving stream. The Fairgrove Wastewater Treatment Plant (NC 0023264) discharges upstream of this facility. No detrimental effect was observed in the receiving stream as a result of this discharge. PART II - DESCRIPTION OF DISCHARGE AND TREATMENT WORKS 1. Type of wastewater: 100% Domestic a. Volume of Wastewater: 0.008 MGD b. Types and quantities of industrial wastewater: N/A c. Prevalent toxic constituents in wastewater: N/A d. Pretreatment Program (POTWs only): N/A 2. Production Rates (industrial discharges only) in Pounds: N/A 3. Description of Industrial Process (for industries only) and Applicable CFR Part and Subpart: N/A 4. Type of Treatment (specify whether proposed or existing): The existing facilities consist of an 8000 gallon capacity septic tank, a dosing tank with a single dosing siphon and a subsurface sand filter bed. No disinfection is provided. 5. Sludge Handling and Disposal Scheme: Sludge is periodically removed as needed by a septic tank pumper. 6. Treatment Plant Classification: Class I 7. SIC Code(s): 5812 Wastewater Code(s): 10 PART III - OTHER PERTINENT INFORMATION 1. Is this facility being constructed with Construction Grants Funds (municipals only)? No 2. Special monitoring requests: N/A 3. Additional effluent limits requests: N/A 4. Other: N/A PART IV - EVALUATION AND RECOMMENDATIONS Due to the wastewater treatment facilities being entirely subsurface, a visual observation of their condition could not be made. Effluent quality, however, appeared good. Most recent self -monitoring data indicated facility has recently shown noncompliance for BOD5. If noncompliance Page Three continues applicant may want to examine filter bed for possible sand replacement. A revised waste load allocation has not as yet been received for review by this Office. Pending review and approval of a revised waste load allocation, it is recommended that the NPDES Permit be renewed. Signature of Report Preparer %�. /R . ..--� Water Quality Re "onal Supervisor o rv�l/ll6ij{6w 4!7' CV y� 'SW 99 W37YS NOtSNIM •rW L-I 1:13iONOO �4a J, • MNIIMP (1vo1M3N) •4: i State of North Carolina Depart rent of Natural Resources and Community Development Division of Environmental Management 512 North Salisbury Street • Raleigh, North Carolina 27611 R. Paul Wilms Director Subject: NPDES Permit Application NPDES Permit No. NCOO Dear County This is to acknowledge receipt of the following documents on Application Form, Engineering Proposal (for. proposed ° Request for permit renewal, Application Processing Fee of Other trol facilities) The Items checked below are needed before review can begin: Application form _ _ (Copy enclosed),. Engineering Proposal (See Attachment Application Processing Fee of $ ;'. Other If be e application is not made co within thir turned to you and may be resubmitted when comp This application has been assigned to (919/733-5083) of our Permits Unit for review. Y any comments recommendations, questions or other information necessary for the review of the application. advised o I am, by copy of this letter, requesting that our Regional Office Supervisor prepare a staff report and recommendations regarding this discharge. If you have any questions regarding this application, please contact the review person listed above. cc: hur liouberry, P.E. ervisor, Permits and Engineering Pollution Prevention Pays PO, 1$tex 76)87 Raleigh„ North Carolina )7611-7687 Telephone 97 An Equal Opportunity Affirmative Action Employer I mArtre RESTAURANT BARIUM SPRINGS, N.C. 28010 P.O. BOX 127 State of North Carolina Dept. 0f Natural Rescourses 512 N. Salisbury Street Raleigh, NC 27611 Attn: Ron McMillan Regional Director ccY April 15, and Comm. Dev. Dear Mr. McMillan: Subject:NPDES permit No. NC0037419 CATAWBA We would like to apply for a renewal of the subject permit for a wastewater discharge to the surface water. Ours will expire on 8-31-87 Sincerely, Anne M. Martin FAt Boy's REstaurant P 4 Permit No. NC0037419 STATE OF NORTH CAROLINA DEPARTMENT OF NATURAL RESOURCES AND COMMUNITY DEVELOPMENT DIVISION OF ENVIRONMENTAL MANAGEMENT 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, FAT BOY'S RESTAURANT is hereby authorized to discharge wastewater from a facility located at Fat Boy's Restaurant on U.S. Highway 321-64-70 Catawba County to receiving waters designated as Clark Creek in the Catawba River Basin in accordance with effluent limitations, monitoring requirements, and other conditions set forth in Parts I, II, and III hereof. This permit shall become effective This permit and the authorization to discharge shall expire at midnight on Signed this day of DRAFT R. Paul Wilms, Director Division of Environmental Management By Authority of the Environmental Management Commission i Permit No. NC0037419 SUPPLEMENT TO PERMIT COVER SHEET Fat Boy's Restaurant is hereby authorized to: I. Continue to operate an existing 8,000 GPD wastewater treatment facility consisting of an 8,000 gallon septic tank and sub- surface sand filter located at Fat Boy's Restaurant (Note: Part III of this Permit); and 2. Discharge from said treatment works into Clark Creek which is classified Class "C" waters in the Catawba River Basin. 3 w A. (1). EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS Final During the period beginning on the effective date of the Permitand lasting until expiration, • the permittee is authorized to discharge from outfall(s) serial number(s)001. Such discharges shall be limited and monitored by the permittee as specified below: Effluent Characteristics Discharge Limitations Kg/day (lbs/day) Monthly Avg. Weekly Avg. Other -Units (Specify) Monthly Avg. Weekly Avg. Monitoring Requirements Measurement requency Flow 0. 008 MG D Weekly BOD, 5Day, 20°C 30.0 mg/I 45.0 mg /I 2/Month Total Suspended Residue 30.0 mg /I • 45.0 mg /I 2/Month NH3 as N Monthly Temperature Weekly *Sample locations: E - Effluent, I - Influent Sa 1 Mat * Saam lee Type Location Instantaneous Grab Grab Grab Grab The pH shall not' be less than 6.0 standard units nor greater than 9.0 standard units and shall be monitored 2/Month at the effluent by grab sample. There shall be no discharge of floating solids or visible foam in other than trace amounts. I or E E E E E . 0 Part III Permit No. NC0037419 F. Toxicity Reopener - -This-permit shall .be modified, •o•r- revoked and reissued to - - - -- incorporate toxicity limitations and monitoring requirements in the event toxicity testing or other studies conducted on the effluent or receiving stream indicate that detrimental effects may be expected in the receiving stream as a result of this discharge. G. In the event that violations of the fecal coliform requirements of the North Carolina water quality standards occur as a result of this discharge, disinfection will immediately be required and the permit amended to establish a coliform effluent limitation. State of North Carolina Department of Natural Resources and Community Development Mooresville Regional Office James G. Martin, Governor S. Thomas Rhodes, Secretary Albert F. Hilton, Regional Manager DIVISION OF ENVIRONMENTAL MANAGEMENT November 23, 1987 Ms. Anne M. Martin Fat Boys' Restaurant Post Office Box 127 Barium Springs, North Carolina 28010 Subject: NPDES Permit No. NC 0037419 Fat Boys' Restaurant Catawba County, NC Dear Ms. Martin: Our records indicate that NPDES Permit No. NC 0037419 was issued on November 12, 1987 for the discharge of wastewater to the surface waters of the State from your facility. The purpose of this letter is to advise you of the importance of the Permit and the liabilities in the event of failure to comply with the terms and conditions of the Permit. If you have not already done so, it is suggested that you thoroughly read the Permit. Of particular importance is Page M3. Page M3 sets forth the effluent limitations and monitoring requirements for your discharge. Your discharge must not exceed any of the limitations set forth. The section headed "Monitoring Requirements" describes the measurement frequencies, sample types and samplting locations. Upon commencement of your discharge (or operation), you must initiate the required monitoring. The monitoring results must be entered on the DMR forms furnished to you by this Agency. If you have not received these forms, they should be arriving shortly. If you fail to receive the form, please contact this Office as quickly as possible. I have enclosed a sample of the "Effluent" reporting form (DEM Form MR-1), plus instructions for completing the form. It is imperative that all applicable parts be completed, otherwise the forms may be returned to you as incomplete. Failure to properly complete the forms may also result in an automatic $300.00 fine. The remaining Parts of the Permit (Parts II and III) set forth definitions, general conditions and special conditions applicable to the operation of wastewater treatment facilities 919 North Main Street, P.O. Box 950, Mooresville, NC. 28115-0950 • Telephone 704-663-1699 An Equal Opportunity Affirmative Action Employer Ms. Anne M. Martin Page Two November 23, 1987 and/or discharge(s). The conditions include special reporting requirements in the event of noncompliance, bypasses, treatment unit/process failures, etc. Also addressed are requirements for a certified wastewater treatment plant operator if you are operating wastewater treatment facilities. Any changes in operation of wastewater treatment facilities, quantity and type of wastewater being treated or discharged, expansions and/or upgrading of wastewater treatment facilities must be permitted or approved by this Agency. Failure to comply with the terms and conditions of an NPDES Permit subjects the Permittee to enforcement action pursuant to Section 143-215.6 of the North Carolina General Statutes. A civil penalty of up to $10,000 per day per violation plus criminal penalties may be assessed for such violations. As a final note, an NPDES Permit is normally issued for a five-year period. Permits are not automatically renewed. Renewal requests must be submitted to this Agency no later than 180 days prior to expiration. Please make note of the expiration date of your Permit. This date is set forth on Page M-1 or I-1 of the Permit. Also note that NPDES Permits are not transferable. If you, as the Permittee, cease to need this Permit, through cessation of the discharge, then you should request that the Permit be rescinded. As mentioned previously, the purpose of this letter is to advise you of the importance of your NPDES Permit. Please read the Permit and contact this Office at 704/663-1699 in Mooresville if you have any questions or need clarification. We look forward to providing any assistance. Sincerely, D. Rex Gleason Water Quality Regional Supervisor Enclosure DRG:se iSI B F EN its Morrison Roy's Restaurant P.U. Box 127 Barium um Springs, North Car on: 0 A Au Pe it No 37419 Fay 8oy's estaurant Catawba County In accordance with your appllcatt for April 14, 1982, are forwarding herewith th This permit is issued pursuant to the requi Statutes 143215.1 and the ° d rand of Aug and the U. S. Envi <d ntal Protection Agency Pee itreceived Sate NP?JES Permit. forth Caa lima General Carolina 975. If any parts, r+a~qui e. ns , or limitations c tarn in this P eptablt to you, you have t right to an a ng officer upon written d nd to the Director w pt of this it, identifying the specific issue s such d wind is r; ude, this Permit shall be final Please take notice that this Permit is not trans t`e b" e. Part add sses the requi is to be foll in case of chap in ,,,:e control of this discharge. i s Permit doea not affectthe l e which.<i by the Division o hay a uastiona ncerning this Perml telephone 9i 5l 1. CC: Patrick, EPA Ile sional Office Ile 1ona1 Managei Sincerely yours, Sign J :By FQRREST R. WESTALL FOR • rt. F. Helms rector Permit No NC0037419 STATE OF NORTH CAROLINA DEPARTMENT OF NATURAL RESOURCES C COMMUNITY DEVELOPMENT DIVISION OF ENVIRONMENTAL MANAGEMENT FERMI T 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, Fat Boy's Restaurant is hereby authorized to discharge wastewater from a facility located at Fat Boy's Restaurant Catawba County to receiving waters designated Clark Creek in the Catawba River Basin in accordance with effluent limitations, monitoring requirements, and other conditions set forth in Parts I, II, and III hereof. This permit shall become effective AUG 3 1 1$82 This permit and the authorization to discharge shall expire at midnight on AUG 31 1987 Signed this day of AUG 3 1 1982 Original Signed By FORREST R. WESTALL FOR Robert F. Helms, Director Division of Environmental Management By Authority of the Environmental Management Commission M1 & I1 Permit No. NC0037419 SUPPLEMENT TO PERMIT COVER SHEET Fat Boy's Restaurant is hereby authorized to: 1. Continue to operate an existing 8,000 GPD wastewater treatment facility consisting of an 8,000 gallon septic tank and sub -surface sand filter located at Fat Boy's Restaurant (Note Part III, Condition No. E of this Permit), and 2. Discharge from said treatment works into Clark Creek in the Catawba River Basin which is classified Class "C" waters. A. (1). EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS -Final During the period beginning on the effective date of the Permit and lasting until expiration, the permittee is authorized to discharge from outfall(s) serial number(s) 001. Such discharges shall be limited and monitored by the permittee as specified below: Effluent Characteristics Discharge Limitations Kg/day (lbs/day) Monthly Avg. Weekly Avg. Flow BOD5 0.9(2.0) 1.4(3.0) NH as N TSg 0.9(2.0) 1.4(3.0) Settleable Matter Fecal Coliform (Geometric Mean) Temperature Dissolved Oxygen (Minimum) COD Total Residue Monitoring Requirements Other -Units (Specify) Measurement **Sample *Sample Monthly Avg. Weekly Avg. Frequency Type Location 0.008 MGD 30 mg/1 45 mg/1 30 mg/1 45 mg/1 5.0 mg/1 5.0 mg/1 *Sample Locations: I --Influent, E-Effluent, U-Upstream, D-Downstream **Sample Type: All stream samples shall be grab. Weekly Instantaneous Semi -Annually Grab Annually Grab Annually Grab Monthly Grab Semi -Annually Grab Monthly Grab Monthly Grab Semi -Annually Grab Annually Grab The pH shall not be less than 6.0 standard units nor greater than 9.0 standard units and shall be monitored quarterly at I, E, U, D by grab samples. There shall be no discharge of floating solids or visible foam in other than trace amounts. I or E I,E,U,D I,E I , E E U,D U,D E,U,D E,U,D I,E -v-v- C"I CD R+ C tip o9mc rt- 41. Ho 0• 0 Part I Permit No. NC S. SCHEDULE OF COMPLIANCE 1. The permittee shall achieve compliance with the effluent limitations specified for discharges in accordance with the following schedule: NOT APPLICABLE 2. No later than 14 calendar days following a date identified in the above schedule of compliance, the permittee shall submit either a report of progress or, in the case of specific actions being required by identified dates, a written notice of compliance or noncompliance. In the latter case, the notice shall include the cause of noncompliance, any remedial actions taken, and the probability of meeting the next scheduled requirement. M 4 & I 4 Part' Permit No. NC "Act" used herein means the Federal Water Pollution Control Act, As Amended. "DEM" used herein means the Division of Environmental Management of the Department of Natural Resources and Community Development. "EMC" used herein means the North Carolina Environmental Management Commission. C. MONITORING AND REPORTING 1. Representative Sampling Samples and measurements taken as required herein shall be representative of the volume and nature of the monitored discharge. 2. Reporting Monitoring results obtained during the previous month(s) shall be summarized for each month and reported on a Monthly Monitoring Report Form (DEM No. MR 1.0, 1.1, and 1.4) postmarked no later than the 45th day following the completed reporting period. The first report is due on NOV 1 5 1 . Duplicate signed copies of these, and all other reports required herein, shall be submitted to the following address: Division of Environmental Management Water Quality Section Post Office Box 27687 Raleigh, North Carolina 27611 3. Definitions a. The monthly average, other than for fecal coliform bacteria, is the arithmetic mean of all the composite samples collected in a one - month period. The monthly average for fecal coliform bacteria is the geometric mean of samples collected in a one -month period. b. The weekly average, other than for fecal coliform bacteria, is the arithmetic mean of all the composite samples collected during a one -week period. The weekly average for fecal coliform bacteria is the geometric mean of samples collected in a one -week period. c. Flow, M3/day (MGD): The Blow limit expressed in this permit is the 24 hour average flow, averaged monthly. It is determined as the arithmetic mean of the total daily flows recorded during the calendar month. d. Arithmetic Mean: The arithmetic mean of any set of values is the summation of the individual values divided by the number of individual values. M5 Part I Permit No. NC e. Geometric Mean: The geometric mean of any set of values is the Nth root of the product of the individual values where N is equal to the number of individual values. The geometric mean is equiva- lent to the antilog of the arithmetic mean of the logarithms of the individual values. For purposes of calculating the geometric mean, values of zero (0) shall be considered to be one (1). f. Composite Sample: A "composite sample" is any of the following: Not less than four influent or effluent portions collected at regular intervals over a period of 24 hours and composited in proportion to flow. Not less than four equal volume influent or effluent portions collected over a period of 24 hours at intervals proportional to the flow. An influent or effluent portion collected continuously over a period of 24 hours at a rate proportional to the flow. g. Grab Sample: A "grab sample" is a single influent or effluent portion which is not a composite sample. The sample(s) shall be collected at the period(s) most representative of the total discharge. 4. Test Procedures Test procedures for the analysis of pollutants shall conform to the EMC regulations published pursuant to N. C. G. S. 143-215.63 et seq, The Water and Air Quality Reporting Act, and to regulations published pursuant to Section 304(g), 33 USC 1314, of the Federal Water Pollution Control Act, As Amended, and Regulation 40 CFR 136. 5. Recording Results For each measurement or sample taken pursuant to the requirements of this permit, the permittee shall record the following information: a. The exact place, date, and time of sampling; b. The dates the analyses were performed; and c. The person(s) who performed the analyses. M6 PART I Permit No. NC 6. Additional Monitoring by Permittee If the permittee monitors any pollutant at the location(s) designated herein more frequently than required by this permit, using approved analytical methods as specified above, the results of such monitoring shall be included in the calculation and reporting of the values required in the Monthly Monitoring Report Form (DEM No. MR 1.0, 1.1, and 1.4) Such increased frequency shall also be indicated. The DEM may require more frequent monitoring or the monitoring of other pollutants not required in this permit by written notification. 7. Records Retention All records and information resulting from the monitoring activities required by this Permit including all records of analyses performed and calibration and maintenance of instrumentation and recordings from continuous monitoring instrumentation shall be retained for a minimum of three (3) years, or longer if requested by the Division of Environmental Management or the Regional Administrator of the Environmental Protection Agency. M7 PART II Permit No. NC A. MANAGEMENT REQUIREMENTS 1. Change in Discharge All discharges authorized herein shall be consistent with the terms and conditions of this permit. The discharge of any pollutant identified in this permit more frequently than or at a level in excess of_that authorized shall constitute a violation of the permit. Any anticipated facility expansions, production increases, or process modifications which will result in new, different, or increased discharges of pollutants must be reported by submission of a new NPDES application or, if such changes will not violate the effluent limitations specified in this permit, by notice to the DEM of such changes. Following such notice, the permit may be modified to specify and limit any pollutants not previously limited. 2. Non compliance Notification If, for any reason, the permittee does not comply with or will be unable to comply with any effluent limitation specified in this permit, the per- mittee shall provide the Division of Environmental Management with the following information, in writing, within five (5) days of becoming aware of such condition: a. A description of the discharge and cause of noncompliance; and b. The period of noncompliance, including exact dates and times; or, if not corrected; the anticipated time the noncompliance is expected to continue, and steps being taken to reduce, eliminate and prevent recurrence of the noncomplying discharge. 3. Facilities Operation The permittee shall at all times maintain in good working order and operate as efficiently as possible all treatment or control facilities or systems installed or used by the permittee to achieve compliance with the terms and conditions of this permit. 4. Adverse Impact The permittee shall take all reasonable steps to minimize any adverse impact to navigable waters resulting from noncompliance with any effluent limitations specified in this permit, including such accelerated or additional monitoring as necessary to determine the nature and impact of the noncomplying discharge. 5. Bypassing Any diversion from or bypass of facilities necessary to maintain compliance with the terms and conditions of this permit is prohibited, except (1) where M 8 & I 7 PART II Permit No. NC unavoidable to prevent loss of life or severe property damage, or (ii) where excessive storm drainage or runoff would damage any facilities necessary for compliance with the effluent limitations and prohibitions of this permit. The permittee shall promptly notify the Water Quality Section of DEM in writing of each such diversion or bypass. 6. Removed Substances Solids, sludges, filter backwash, or other pollutants removed in the course of treatment or control of wastewaters shall be disposed of in a manner such as to prevent any pollutant from such materials from entering waters of the State or navigable waters of the United States. 7. Power Failures In order to maintain compliance with the effluent limitations and prohibitions of this permit, the permittee shall either: a. In accordance with the Schedule of Compliance contained in Part I, provide an alternative power source sufficient to operate the waste- water control facilities; or,if such alternative power source is not in existence, and no date for its implementation appears in Part I, b. Halt, reduce or otherwise control production and/or all discharges from wastewater control facilities upon the reduction, loss, or failure of the primary source of power to said wastewater control facilities. 8. 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. I8 PART II Permit No. NC B. RESPONSIBILITIES I. Right of Entry The permittee shall allow the Director of the Division of Environmental Management, the Regional Administrator, and/or their authorized represen- tatives, upon the presentations of credentials: a. The enter upon the permittee's premises where an effluent source is' located or in which any records are required to be kept under the terms and conditions of this permit; and b. At reasonable times to have access to and copy any records required to be kept under the terms and conditions of this permit; to inspect any monitoring equipment or monitoring method required in this permit; and to sample any discharge of pollutants. 2. Transfer of Ownership or Control This permit is not transferable. In the event of any change in control or ownership of facilities from which the authorized discharge emanates or is contemplate, the permittee shall notify the prospective owner or controller by letter of the existence of this permit and of the need to obtain a perms t'it the name of the prospective owner. A copy of the letter shall be ,forwarded to the Division of Environmental Management. 3. Availability of Rep its Except for data determined to be confidential under N. C. G. S. 143-215. 3(a)(2) or Section 308 of the Federal Act, 33 USC 1318, all reports prepared in accordance with the terms shall be available for public inspection at the offices of the Division of Environmental Management. As required by the Act, effluent data shall not be considered confidential. Knowingly making any false statement on any such report may result in the imposition of criminal penalties as provided for in N. C. G. S. 143-215.6(b)(2) or in Section 309 of the Federal Act. 4. Permit Modification After notice and opportunity for a hearing pursuant to N. C. G. S. 143- 215.1(b)(2) and G. S. 143-215.1(e) respectively, this permit may be modified, suspended, or revoked in whole or in part during its term for cause including, but not limited to, the following: a. Violation of any terms or conditions of this permit; b. Obtaining this permit by misrepresentation or failure to disclose fully all reiovan4 facts; or c. A change in any condition that requires either a temporary or permanent reduction or elimination of the authorized discharge. M 10 & I 9 PART II Permit No. NC 5. Toxic Pollutants Notwithstanding Part II, B-4 above, if a toxic effluent standard or prohibition (including any schedule of compliance specified in such effluent standard or prohibition) is established under Section 307(a) of the Act for a toxic pollutant which is present in the discharge and such standard or prohibition is more stringent than any limitation for such pollutant in this permit, this permit shall be revised or modified in accordance with the toxic effluent standard or prohibition and the permittee so notified. 6. Civil and Criminal Liability Except as provided in permit conditions on "Bypassing" (Part II, A-5) and "Power Failures" (Part II, A-7)9 nothing in this permit shall be construed to relieve the permittee from civil or criminal penalties for noncompliance pursuant to N. C. G. S. 143-215.6 or Section 309 of the Federal Act, 33 USC 1319. 7. 0i1 and Hazardous Substance Liability Nothing in this permit shall be construed to preclude the institution of any legal action or relieve the permittee from any 'responsibilities, liabilities, or penalties to which the permittee is or may be subject under N. C. G. S. 143-215.75 et seq. or Section 311 of the Federal Act, 33 USC 1321. 8. 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. 9. Severability The provisions of this permit are severable, and if any provision of this permit, or the application of any provision of this permit to any circum- stance, is held invalid, the application of such provision to other cir- cumstances, and the reminder of this permit shall not be affected thereby. M 11 & I 10 PART II Permit No NC 10. Expiration of Permit Permittee is not authorized to discharge after the expiration date. In order to receive authorization to discharge beyond the expiration date, the permittee shall submit such information, forms, and fees as are required by the agency authorized to issue permits no later than 180 days prior to the expiration date. Any discharge without a permit after the expiration will subject the permittee to enforcement procedures as provided in N. C. G. S. 143-215.6 and 33 USC 1251 et seq.. I 11 PART III Permit No. NC003-4.9 S. Previous Permits All previous State water quality permits issued to this facility, whether for construction or operation or discharge, are hereby r.fvr ad by issuance of this permit. The conditions, requirements, term:, id provisions of this permit authorizing discharge under the Natic',a Pollutant Discharge Elimination System governs discharges frorsi-"is facility. C. Construction No construction of wastewater treatment facilities or adth t` ns thereto shall be begun until Final Plans and Specifications have be :i submitted to the Division of Environmental Management and written ap -oval and Authorization to Construct has been issued. If no object ns to Final Plans and Specifications has been made by the DEM after : days following receipt of the plans or issuance of this permit, whicher is latter, the plans may be considered approved and construction autho• red. D. Certified Operator Pursuant to Chapter 90A of North Carolina General S'...utes, the permittee shall employ a certified wastewater treatment plant operator in responsible charge of the wastewater treatment facilities. Su. operator must hold a certification of the grade equivalent to the clas' fication assigned to the wastewater treatment facilities. E. In the event that violations of the fecal colifc_.dn requirements of the North Carolina water quality standards occur as a rest.::it of this discharge, disin- fection will be immediately required and the permit amended to establish a coliform effluent limit. M 15 & I 12 PERMIT NCOO FACILITY NAME: Facility Status: (circle ois) Permit Status: (circle one) Mijor Pipe 11o: t t Design Capacity (MGD): dCJCr Domestic (X of Flow): / 6P© Indtistriai (X of Flow): Comments: Minor NPDES WASTE 1 ^AD ALL©CATION RECEIVING STREAM: (_!s'�l�it- fit - Class: Sub -Basin: (9 3 C c3 Reference USGS Quad: 473 County: �'f #4 ✓,4/}f Regional Office: As Fa kirai sssT Requested By:. Prepared By: Reviewed By: (please attach) Wa Wi WS Date: ate; Date: Modeler Drainage Area (mi) . S Avg. Streamflow (cfs): 7Q10 (cfs) L7 nter 7Q10 (cfs) 30Q2 (cfs) Toxicity Limits: IWC X Kira* ono Acute / Chronic lnstream Monitoring: Parameters Upstream Location Downstream Location Effluent Characteristics B©D5 (mg/I) Summer Winter NH3-N (mg/1) D.O. (mg/1) TSS (mg/1) F. Col. (/Iooml) pH (SU) Commenttis:_. • --------------------- NASTEL0AD ALLOCATION APPROVAL FORM Permit Number : NIC0037419 F'ac i ]. i ty Name : FAT BOYS RESTAURANT Type of Waste RESTAURAI•FT Status : EXISTING Receiving Stream : CL.ARK CREEK Stream Class : C Subkaasi. n : 030033 County : CAT•W Pep c'n,ai Office : MR0 Rec!uestc'r- : MACK, JIGGIN S Drite of Request 4/84 / 3 7 Quad : E.i3NE 1::7,,grrest No. : 3989 Drainage Area (gr1 si i) Average Flow (cfs) . 7 Summer 7010 (cfs) : 1.7 L4i.nter. 70J.0 (c. C. ) (cfs) RECOMMENDED D EFFLUENT LIMITS - Wastef l c:'w (mgd) : .008 5—Day POD (mg/1): 30 Ammonia Nitrogen (mg/1): Dissolved Oxygen (mg/1): SS (mg/1): 30 Fecal Cz:li,frc'rm (*/100ml'): (SUJ): Upstream (Y/N) : N Location: Downstream (Y/N) : N Location: current 30 C0b131U\!'F;' LE1.1:l.U2'a±F;\1T 20 A COMMENTS Recommended bQ tak? y.._._ Date Reviewed by: Tech. Support Supervisor Date .24 Regiconal Supervisor �rr_ ' L_ry1 Date` 2 Permits & Engineering _,!' __.....__.�__ Date 7/?1�z._, AUG 191987 JUL 22 1987 mato OF ENl4RCti!'Ef;1.L MANAGEMENT &GGRLSVILLE REGIONAL OFFICE F':FT! ! ZN Tf1 T1='f `.Iw1M T rAI P.:F="PVTf`.FR T V STAFF REPORT AND RECOMMENDATIONS Part I - INSPECTION OF EXISTING WASTEWATER TREATMENT PLANT SITE 1. Place visited: Fat Boy's Restaurant Catawba County 2. Date: April 20, 1982 3. By; Larry D. Cob1 e P44— n 4. Persons contacted: No one 5. Directions to site: The site is located on the north side of Highway 64-70 between hickory and Conover, approximately 100,feet east of where the highway crosses Clark Creek. 6. -The bearing and distance to the proposed point of effluent discharge is: Latitude 35°41'55 and Longitude 81°15'00". ' 7. Size: There is ample area available for location of the existing wastewater treatment plant. 8. Topography: Sloping toward the receiving stream. 9. Location of nearest dwelling: There are none located within 500 feet of the site. 10. Receiving Stream: Clark Creek (a). Classification: "C" (b) Minimum 7-Day, 10-Year discharge at site: 8 cfs (c) Usage: Fishing, boating, wading anJ any other usage except for_bathing or as a source of water supily for'drinking, culinary or food processing purposes. Part II - DESCRIPTION OF EXISTING TREATMENT WORKS The applicant's existing facility consist of an 8,000 gallon septic tank, dosing tank with single siphon, subsurface sand filter and outfall line to the receiving stream. Previously permitted effluent limitations are listed as follows: Parameter Limitation Flow 0.008 MG[} BODg 30 mg/1 TSS 30 mg/1 pH 6.0-9.0 s.u. -' Page Two Part III - EVALUATION AND RECOMMENDATIONS Average self -monitoring data from February, 1981 through February, 1982 shows the following plant performance: Parameter Concentration Flow 0.0036 MGD BOD5 23 mg/1 TSS 28.2 mg/1 NH3as N 15.2 mg/1 Effluent D. 0. 6.4 mg/1 pH 6.4-6.9 s.u. It is recommended that the Permit be renewed as requested. Influent self -monitoring should be deleted from the Permit due to inaccessibility of an influent sampling point. f: North Carolina Department of Natural Resources &Community Developmen James B. Hunt, Jr., Governor Joseph W. Grisusley, Secretary DIVISION OF ENVIRONTAL MANAGEMENT April 15, s. Anita Morrison FAT BOYS Restaurant P.Q. Box 127 SUBJECT: Dear Ms. Morrison Application for NPDES Permit FAT BOYS Restaurant Catawba Receipt of the following documents is hereby acknowledged: Application Form Engineering Proposal (for proposed control facilitii Request for permit renewal Other unty If any of the items listed below are checked, the application received is incomplete and the indicated item(s) must be received before review can begin: Application Forms (copies enclosed) Engineering Proposal (See (b) 1-5 on attached) Other If the application is not made complete within thirty (30) days, it will. be returned to you and may be resubmitted when complete. This application has been assigned to David Adkins _ ( 19/733-5181) of our Permits Unit for review and preparatiosix of a draft permit. Once the permit is drafted, public notice must be issued for forty-five (45) days prior to final action on the issuance or denial of the permit. You will be ad- vised of any comments, recommendations, questions car other information necessary for the review of the application. I am, by copy of this letter, requesting that our Regional Office Supervisor prepare a staff report ,;sad recommendations regarding this discharge. If you have any questions regarding this application, please contact the review person listed above. Moo Lee Fleming, Jr., P.E. Branch Read --Permits & Engineering Branch Water Quality Section Regional Supervisor David Adkins P, C), (Box 27687 Raleigh, North Carolina 27611 An Eoc ad Opportunity Affirmative rmative Action Employer RESTAURANT P.O, BOX 127 BARIUM SPRINGS, N,G. 28010 Permit No. NC0 — 7419 kr17,3701, 'COlitNikra $T4 DEPARTMENT OF iTURALLSOJCES E; COMMUNITY DEVELOPMENT DIVISION Cr ENVIRONMENTAL MANAGEMENT PERMIT To Discharge Wastewater Under the NATIONAL FOLEUTANT DISCHARGE ELIMINATION SYSTEM n. compliance with the provisions of North Carolina General Statute 143-215.1, other lawful standards and regulations promulgated and adopted by the North Carolina Enironmental Management Commission, and the Federal, Water Pollution Control Act, as amandad, Fat. Boy 's Restaurant is hereby authorized to discharge wastewater from a facility located at Fat Bey's Restaurant Catawba. County to receiving waters designated lark Creek in the Catawba. River Bain in accordance, with effluent limitations, monitoring requirements, and other nditions set forth in Parts I, II, and. III hereof. on This permit shall become effective This permit and the authorization to discharge shall expire at midnight Signed this day of Robert F. Helms, Director Division of Environmental Management By Authority of the Environmental Management' Commission Vi V T, 1Vv. . .11 Permit No. NC0037419 SUPPLEMENT TO PERMIT COVER SHEET Fat Boy's Restaurant is hereby authorized to: 1. Continue to operate an existing 8,000 GPD wastewater treatment facility consisting of an 8,000 gallon septic tank and sub -surface sand filter located at Fat Boy's Restaurant (Note Part III, Condition No. E of this Permit), and 2. Discharge from said treatment works into Clark Creek in the Catawba River Basin which is classified Class "C" waters. A. (1). EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS -Final During the period beginning on the effective date of the Permit and lasting until expiration, the permittee is authorized to discharge from outfall(s) serial number(s) 001. Such discharges shall be limited and monitored by the permittee as specified below: Effluent Characteristics Discharge Limitations Monitoring Requirements Kg/day (lbs/day) Other -Units (Specify) Monthly Avg,. Weekly Avj Monthly Avg. weekly AVg. E'low BOD5 0.9(2.0) 1.4(3.0) NH3 as N TSS 0.9 (2.0) 1.4 (3.0) Settleable Matter Fecal Coliform (Geometric Mean) Temperature Dissolved Oxygen (Minimum) COD Total Residue Measurement **Sample *Sample Frequency Type Location 0.008 MGD Weekly Instantaneous I or E 30 mg/1 45 mg/1 Semi -Annually Grab I,E,U,D Annually Grab I,E 30 mg/1 45 mg/1 Annually Grab I,E Monthly Grab E Semi -Annually Grab U,D Monthly Grab U,D 5.0 mg/1 5.0 mg/1 Monthly Grab E,U,D *Sample Locations: I -Influent, E-Effluent, U--Upstream, D-Downstream *Sample Type: All stream samples shall be grab. Semi -Annually Grab E,U,D Annually Grab I,E The pH shall not.be less than o.o standard units nor greater than 9.0 standard units and shall be monitored quarterly at I, E, U, D by grab samples. There shall be no discharge of floating solids or visible foam in other than trace amounts. PART III Permit No. NC0037419 B. Previous Permits All previous State water quality permits issued to this facility, whether for construction or operation or discharge, are hereby revoked by issuance of this permit. The conditions, requirements, terms, and provisions of this permit authorizing discharge under the National Pollutant Discharge Elimination System governs discharges from this facility. C. Construction No construction of wastewater treatment facilities or additions thereto shall be begun until Final Plans and Specifications have been submitted to the Division of Environmental Management and written approval and Authorization to Construct has been issued. If no objections to Final Plans and Specifications has been made by the DEM after 30 days following receipt of the plans or issuance of this permit, whichever is latter, the plans may be considered approved and construction authorized. D. Certified Operator Pursuant to Chapter 90A of North Carolina General Statutes, the permittee shall employ a certified wastewater treatment plant operator in responsible charge of the wastewater treatment facilities. Such operator must hold a certification of the grade equivalent to the classification assigned to the wastewater treatment facilities. E. In the event that violations of the fecal coliform requirements of the North Carolina water quality standards occur as a result of this discharge, disin- fection will be immediately required and the permit amended to establish a coliform effluent limit. M 15 & I 12 Permit No. NC STATE OF NORTH CAROLINA DEPARTMENT OF NATURAL AND ECONOMIC RESOURCES DIVISION OF ENVIRONMENTAL MANAGEMENT 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, Fat Boy's Restaurant is hereby authorized to discharge wastewater from a facility located at Fat Boy's Restaurant Catawba County to receiving waters Clark Creek, A Tributary in the Catawba River Basin in accordance with effluent limitations, monitoring requirements, and other conditions set forth in Parts I, II, and III hereof. on This permit shall become effective This permit and the authorization to discharge shall expire at midnight Signed this day of W. E. Knight, Director Division of Environmental Management By Authority of the Environmental Management Commission M1 & I1 Page of Permit No. NC SUPPLEMENT TO PERMIT COVER SHEET Fat Boy's Restaurant is hereby authorized to: 1. Continue to operate an existing 8,000 GPD wastewater treatment facility consisting of an 8,000 gallon septic tank and sub -surface sand filter located at Fat Boy's Restaurant (Note Part III, Condition No. D and'E of this Permit), and 2. Discharge from said,treatment works into Clark Creek in the Catawba River Basin which is classified Class "C". A. (). EFFLUET LIMITATIONS AND MONITORING REQUIREMENTS - FINAL During the period beginning on the effective date and lasting until expiration, the permittee is authorized to discharge from outfall(s) serial number(s) 001. Such discharges shall be limited and monitored by the permittee as specified below: Effluent Characteristics Flow - m (MGD) SODS NH. as N Kg/day Monthly Avg. 0.9(2.0) TSS 0.9(2.0) Settleable Matter Fecal Col i form (ge tri c —an Temperature D.O. (minimum) COD Total Residue *Sample Locations: I -influent, E-Effluent **The temperature shall be such as to not c temperature. Discharge Limitations da,) Other Units (Specify) Measurement, A Monthly 'Avg.. eekly Avg. Frequency 30.3(0.108) Weekly 1.4(3.0) 30.0 m/1 45.0 mg/1 Semi-annually Annually 1.4(8.g) 30.0 r/1 s5.O g/1 Annually t$onthly Semi-annually Monthly Mon th l y Semi-annually Annually U-Upstream, and D-a r stream **Sample Type: All st se a temperature in the receiv *** Monitoring Requirements * Sam 1 e goat antaneous I or E Grab I E,. U D Grab I, E Grab I, E Grab !E Grab U, D Grab E, U, D Grab U, D Grab E, U, D Grab I E earm samples shall be grab q stream of 5°F above ambient stream water The pH shall not be less than 6.0 standard units nor greater than 9.O standard units and shall be monitored quarterly at I, E, U, 0, by grab samples. There shall be no discharge of floating solids or visible foam in other than trace amounts. a • 0 -e PART III Page of Permit No. NC Previous Permits All previous State water quality permits issued to this facility, whether for construction or operation or discharge, are hereby revoked by issuance of this permit. The conditions, requirements, terms, and provisions of this permit authorizing discharge under the National Pollutant Discharge Elimination System governs discharges from this facility. C. Construction No construction of wastewater treatment facilities or additions thereto shall be begun until Final Plans and Specifications have been submitted to the Division of Environmental Management and written approval and Authorization to Construct has been issued. If no objections to Final Plans and Specifications has been made by the DEM after 30 days following receipt of the plans or issuance of this permit, whichever is latter, the plans may be considered approved and construction authorized. D. Certified Operator Pursuant to Chapter 90A of North Carolina General Statutes, the permittee shall employ a certified wastewater treatment plant operator in responsible charge of the wastewater treatment facilities. Such operator must hold a certification of the grade equivalent to the classification assigned to the wastewater treatment facilities. E. In the event that violations of the fecal coliform requirements of the North Carolina water quality standards occur as'a result of this discharge, disin- fection will be immedlately required and the permit amended to establish a coliform effluent limit. M 15 & 1 12 %/' Actual FaciliL, TO: FROM: Proposed Facili`Y Mike McGi.-. SUBJECT: Effluent Limp-c n Permit Applicatic•, Discharger Name (IC Equiv. E uiPo ulat ioi rr+r q P I 201 Area (263 ) Receiving Stream (- D.esiCa jCapacity (2 );; goo Location Dischar?er• cmn Sample No. 41 I - Mo. Average Coj1,., — Wk. Average Co. rn, J - Minimum Concen [::,-e - K - Maximum Concrn i-1' u M - Monthly Averag Loa.: - Weeklj Averar T,oa• i i nrf P - Minimum Lomui n,- Q - Maximum Loadinr' T - Frequency of Ar, • 1:1:, '- W - Sample Type I - Mo. Average Concentxat; rim 27 - Wk. Average Coy:centr "�. 22 J - Minimum Cano°a n t rati al _ _" K - Maximum ioncentrxat i•crn M - Monthly Average bo- iir.q - Weekly Averaae Loadinn , P - Minimum Loading 27 -Q - Maxim= Loading h T - Frequency of Any l sic 20 W - Sample Type 30 FOR DATA MANAGEMENT USE ONLY: FACILITY NO. +41n+) ALLOCATION REQUEST r+i Request Date Needed 0ur"S -et_ S Pr. j t r y1d No. (001 ) 3 2 2 yit ,k-Ltr Pipe No.(003 ) Draft to Public Notice (805 ) i"r�i;s-, I tr (L04 ) TYPE (400 ) /w]' Mu /—T Id ([ 5 ) r'1te.i (264 ) 7;t+bbasin(112 ) f p3- o 8-3 . A rea•(2 i7 ) 1/10 F, ow(270 ) Temperature (NKP) Longitude (116 ) $I0 !G ! ao ream Classification Ratio Waste 7/10 1r (269 ) (303 ) Elevation (NKP) 9O rinc IpAa�l /Prods ct (NKP) On (a : '() Ta - z7 C'al iform 310 J/100rn1 37616 I'o f a1 Re i.due me/1; 500 lif13-rJ ( x) 600 Temperature ° F 11 DO (mg/1) 300 pf( (units) 400 MINIM MillaIIIIIIIIIIN MIIIMIN 0D (NKP) liD r.L NORTH CAROLINA DEPT, OF NATURAL & ECONOMIC, RESOURCES ENVIRONMENTAL MANAGEMENT COMMISSION NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM APPLICATION FOR PE IT TO DISCHARGE - SHORT FORM D To be filed only by services, wholesale and retail trade, and other commercial establishments including vessels FOR AGEN 0SE Do not attempt to complete h S torll without reading the accompanying instructions Please print or type 1. Name, address, and telephone number of facility producing discharge A, Name . Fat • Day- t Street address , C. City E. County . G. Telephone No. Area Code 2. SIC (Leave blank) 3. Number of employees 4. Nature of business, 5, (a) Check here if discharge occurs all yeaor (b) Check the mooth(s) d'ischarge occurs: 1.0January 2.0February 3,0March 4.0April 6.0 June 1. °July 8.0 August 9.0 September 11 „ C3 Novembe r 12, 0 December (c) How many days per week: 1 „ 1 2.0 2-3 3.0 4-5 4.0'6-7 APPL 1 JN NUM I: : . DA R1IV 1) YEAR DAY D. State .)1,0 • F. ZIP 5.0 May 10.0 October 6. Types of waste water discharged to surface waters only (check as applicable) Discharge per operating day A_ Sanitary, daily average B. Cooling water, etc., daily average C. Other discharge(s), daily average; Specify D. Maximum per operat- ing day for combined discharge (all types) Flow, gallons per operating day ,1-999 1000-4999 5000-999 (1) 10,000- 49,999 (4) 50,000 or more (5) Volume treated before discharging (percent) 95- 100 (10) any of the types of waste identifaerin item u, led, are discharged to places other than surfac applicable. Waste water is discirar her treated or un- aters� check below , (5) A. Mont( ipa1 sewer °.ysten b, underground fc Septic tank D. Evaporation lagoon or pond L. Other, specify: 8. Number of 8,®2-3 arc3e points: E. a 4-5 9. Name of receiving water or waters m your discharge contain or more of the following subsraa ties, or processes: ammonia, ry Turn, copper, lead, mercury, nick and chlorine (residual). A,0 yes 8,0 no for your discharge tta contain result of your operations, um, beryllium, cadmium, Zinc, phenols, oil and 1 certify that 1 am familiar with the informati2>naarstained in the that to the best of my knowledge and belief such information is tru accurate. ce of Person signing Ti ti 'cation and mplete, and North Carolina. eneral Statute ! 215 6 (ir ' provid:es that: at l Any person 'into know any false statement representation, or certtfitaticsn .in any application, record report, plan, or other document files or required' to be naai.ntatned under Article. 21, or regulations of t - Environmental. Management Comte . ssion implementing that Article, or who falsifies, tampers with, ly renders inaccurate anyrecording or rmonitoring device or method required to be or dcncaw' � operated or maintained under Article 21 or regulations of the Environmental Manage gent Co *aissi implementing that Article, shall be guilty of a misdemeanor punishable by a fine not to exceed $Io,$)'ltl, or by imprisonment not to exceed six months, or by both. (15 r,S.C. Section 1001 ro a punishment by a fine of not more than :L ,000 or imprisonment not more than 5 years, or both, for a similar offense.) STA PART I INSPECT OF PROPOSED WASTEWATER Place Visited: Fat Boy's Restaurant Route 3, Box 160 Catawba County, N.C. 2. Date; March R, 1977 3. By: Larry D. Coble 4. Persons Contacted: % PLAN' 27, Barimum Springs. 6. Directions to Site: The site is located on the north side of 'Highway 64-70 3 1 between Hickory and Conover .at a point 100' east of where the highway crosses Clark Creek. rn Holland 0wne P.O. The L wring and DiStance to the Proposed Point of E Approximately 100' west of the restaurant. Let 35 4 Si ze There is ample area available for the location of the tr Topography: Sloping hard the receiving stream. Location 0f,Nearest Dwelling: None located Within S p° of the wastewater treatment' "oh„ 10. Receiving (a) Class (b) Minimum 7-Cay, 1 Discharge at Site: (c) Usage: Suitable for fish and wildlife propagation AIso suite le for boating,. wwadin , and any othr uses requiring waters of lower quality. PART 1 SCRXPTICN OF EXISTING TREATMENT The applicant has a 170 seat restaurant which, based on design criteria, would have a maxims flow of 6,800 gKpd . This restaurant is served by e . ,0O gpd septic tank, dosing tank with single siphon and a sub surfaco type sand filter. which discharges into Clark Creek ire t Catawba River Basin. PART III - EALUATIGN AND RED NCATI( ewater treatment fact g,with pro r operation Therefore, it is es and contain the folio vision's Technical Services e receiving streant: Pat Buy ;e,required, a p =nn t be efflurtt liaa as neca$sary GP 30.0 mg/1 mg/1 OF NATURAI AND EC'ON C RESORCES Div 1978 SOUTH PIED NNT FIELD QFFICu rra ironanental aaa 1 4 1978 Su ecta Permit No. COii37419 Fat Boy s t mant. a t awba County, In acoordanee with. your ap li c atio ;r it ci ar r tit race. March 22, 197`7, we are forwarding hesubj NPDES .'amity This Permit is issued pursuant to the regzaio-reaa ata of North. t,7;ta s 1 3i.:1 and tleaar,raaiaak ofAgreement Environmental Pratte on A> enc Carolina general b tussu tad Caro.. r t any are unacceptable to you, you before a hearing of days following. race t4a he coot ndaed.. Unless such and bina it;,r Please rcae take entice that F 2 a&.'rases the rc quiremonts to e ownership or control, of this discharge... n. ad d to t yin t, this. Parml. A. in case o Permit ring 30 This Permit. dos a t affect tine 1 i. .require .ant to obtain of s its which may be req.u1red by the i?iviafon of Envl,rona tal .Maaag you have aray gnat ,one concerning this Poxm;it, P.leaae contact. us. Sincerely yours OriginAl Signed A. F. McRORIE A. F. McRorie Acting Director a P'i d mont Mk. Geor„e Hari Permit No. NC 00374 i 9 STATE OF NORTH CAROL I NA DEPARTMENT OF NATURAL RESOURCES & COMMUNITY DEVELOPMENT DIVISION OF ENVIRONMENTAL MANAGEMENT FERMI To Discharge Wastewater Under The NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM In cornpl fiance with the provisions of North Carolina General Statute 143-215.1, other lawful standards and regulations promulgated and adopted by the North iv dna Environmental Management Commission, and the Federal Water Pol l u;ti of O ntrol Act, as amended, Fat Bay's Restaurant is hereby auo discharge wastewater from a facility located at Fat Boys Restaurant Catawba County to receiving waters Clark Creek, A tributary in the Catawba River Basin in accordance with effluent limitations, monitoring requ conditions set forth in Parts I, II, and III hereof. ents, and other This permit shall become effective April 4, 1978 This permit and the authorization to discharge shall expire at midnight on December 31, 1982, Signed this day of April 4, 1978. A. F. McRorie, Acting Director Division of Environmental Management By Authority of the Environmental Management Commission MI & I 1 Page of Permit No. NCO 0 3 7 4 1 9 SUPPLEMENT TO PERMIT COVER SHEET Fat Boy's Restaurant is hereby authorized to: 1. Continue to operate an existing 8,000 GPD wastewater treatment facility consisting of an 8,000 gallon septic tank and sub -surface sand filter located at Fat Boy's Restaurant (Note Part III, Condition No. D and E of this Permit), and 2. Discharge from said treatment works into Clark Creek in the Catawba River Basin which is classified Class "CB. A. (1). EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS - FINAL During the period beginning on the effective date and lasting until expiration, the permittee is authorized to discharge from outfall(s) serial number(s) 001. Such discharges shall be limited and monitored by the permittee as specified below: Effluent Characteristics Discharge Limitations Monitoring Requirements Kg/day (lbs/day) Other Units (Specify) Measurement ** Sample * Sample Monthly Avg. Weekly Avg. Monthly Avg. weekly Avg. Frequency Type Location Flow- m3(MGD) 30.3(0.008) Weekly Instantaneous I or E BOD5 0.9(2.0) 1.4(3.0) 30.0 mg/T 45.0 mg/1 Semi-annually' Grab I, E, U, D NH3 as N Annually Grab I, E TSS 0.9(2.0) 1.4(3.0) 30.0 mg/1 45.0 mg/1 Annually Grab I, E Settleable Matter Monthly Grab E- Fecal Coliform (geometric mean) Semi-annually Grab U, D Temperature *** Monthly Grab E, U, D D.O. (minimum) Monthly Grab U, D COD Semi-annually Grab E, U, D Total Residue Annually Grab I, E *Sample Locations: I -Influent, E-Effluent, U-Upstream, and D-Downstream **Sample Type: All stream samples shall be grab ***The temperature shall be such as to not cause a temperature in the receiving stream of 5°F above ambient stream water temperature. The pH shall not be less than 6.0 standard units nor greater than 9.0 standard units and shall be monitored quarterly at I, E, U, D, by grab samples. There shall be no discharge of floating solids or visible foam in other than trace amounts. "CI ^nro C7 fD Gs Pi Caamr• Part I Page of Permit No. NC ( U 3 B. SCHEDULE OF COMPLIANCE 1. The permittee shall achieve compliance with the effluent limitations specified for discharges in accordance with the following schedule: NOT APPLICPB1 2. No later than 14 calendar days following a date identified in the above schedule of compliance, the permittee shall submit either a report of progress or, in the case of specific actions being required by identified dates, a written notice of compliance or noncompliance. In the latter case, the notice shall include the cause of noncompliance, any remedial actions taken, and the probability of meeting the next scheduled requirement. M4&I4 Part I Page Of Permit No. NC "Act" used herein means the Federal Water Pollution Control Act, As Amended. "DEM" used herein means the Division of Environmental Management of the Department of Natural Resources:and,Commun=ity Development. "EMC" used herein means the North Carolina Environmental Management Commission. C. MONITORING AND REPORTING 1. Representative Sampling Samples and measurements taken as required herein shall be representative of the volume and nature of the monitored discharge. 2. Reporting Monitoring results obtained during the previous month(s) shall be summarized for each month and reported on a Monthly Monitoring Report Form (DEM No. MR 1.0, 1.1, and,1.4), , postmarked no later than the 45th day following the completed reporting period. The first report is due on JUN 1 5 1978 . Duplicate signed copies of these, and all other reports required herein, shall be submitted to the following address: Division of Environmental Management Water Quality Section Post Office Box 27687 Raleigh, North Carolina 27611 3. Definitions a. The monthly average, other than for fecal colifarm bacteria, is the arithmetic mean of all the composite samples collected in a one - month period. The monthly average for fecal coliform bacteria is the geometric mean of samples collected in a one -month period. b. The weekly average, other than for fecal coliform bacteria, is the arithmetic mean of all the composite samples collected during a one -week period. The weekly average for fecal coliform bacteria is the geometric mean of samples collected in a one -week period. c. Flow, M3/day (MGD): The flow limit expressed in this permit is the 24 hour average flow, averaged monthly. It is determined as the arithmetic mean of the total daily flows recorded during the calendar month. d. Arithmetic Mean: The arithmetic mean of any set of values is the summation of the individual values divided by the number of individual values. M5 Part I Page of Permit No. NC e. Geometric Mean: The geometric mean of any set of values is the Nth root of the product of the individual values where N is equal to the number of individual values. The geometric mean 'is equiva- lent to the antilog of the arithmetic mean of the logarithms of • the individual values. For purposes of calculating the geometric mean, values of zero (0) shall be considered to be one (1). f. Composite Sample: A "composite sample" is any of the following: g• Not less than four influent or effluent portions collected at regular intervals over a period of 24 hours and composited in proportion to flow. Not less than four equal volume influent or effluent portions collected over a period of 24 hours at intervals proportional to the flow. An influent or effluent portion collected continuously over a period of 24 hours at a rate proportional to the flow. Grab Sample: A "grab sample" is a single influent or effluent portion which is not a composite sample. The sample(s) shall be collected at the period(s) most representative of the total discharge. 4. Test Procedures Test procedures for the analysis of pollutants shall conform to the EMC regulations published pursuant to N. C. G. S. 143-215.63 et seq, The Water and Air Quality Reporting Act, and to regulations published pursuant to Section 304(g), 33 USC 1314, of the Federal Water Pollution Control Act, As Amended, and Regulation 40 CFR 136. 5. Recording Results For each measurement or sample taken pursuant to the requirements of this permit, the permittee shall record the following information: a. The exact place, date, and time of sampling; b. The dates the analyses were performed; and c. The person(s) who performed the analyses. M 6 PART I Page of Permit No. NC 6. Additional Monitoring by Permittee If the permittee monitors any pollutant at the location(s) designated herein more frequently than required by this permit, using approved analytical methods as specified above, the results of such monitoring shall be included in the calculation and reporting of the values required in the Monthly Monitoring Report Form (DEM No. MR 1.0, 1.1, and 1.4) Such increased frequency shall also be indicated. The DEM may require more frequent monitoring or the monitoring of other pollutants not required in this permit by written notification. 7. Records Retention All records and information resulting from the monitoring activities required by this Permit including all records of analyses performed and calibration and maintenance of instrumentation and recordings from continuous monitoring instrumentation shall be retained for a minimum of three (3) years, or longer if requested by the Division of Environmental Management or the Regional Administrator of the Environmental Protection Agency. Ur 7 PART II Page of Permit No. NC A. MANAGEMENT REQUIREMENTS 1. Change in Discharge All discharges authorized herein shall be consistent with the terms and conditions of this permit. The discharge of any pollutant identified in this permit more frequently than or at a level in excess of that authorized shall constitute a violation of the permit. Any anticipated facility expansions, production increases, or process modifications which will result in new, different, or increased discharges of pollutants must be reported by submission of a new NPDES application or, if such changes will not violate the effluent limitations specified in this permit, by notice to the DEM of such changes. Following such notice, the permit may be modified to specify and limit any pollutants not previously limited. 2. Non compliance Notification If, for any reason, the permittee does not comply with or will be unable to comply with any effluent limitation specified in this permit, the per- mittee shall provide the Division of Environmental Management with the following information, in writing, within five (5) days of becoming aware of such condition: a. A description of the discharge and cause of noncompliance; and b. The period of noncompliance, including exact dates and times; or, if not corrected; the anticipated time the noncompliance is expected to continue, and steps being taken to reduce, eliminate and prevent recurrence of the noncomplying discharge. 3. Facilities Operation The permittee shall at all times maintain in good working order and operate as efficiently as possible all treatment or control facilities or systems installed or used by the permittee to achieve compliance with the terms and conditions of this permit. 4. Adverse Impact The permittee shall take all reasonable steps to minimize any adverse impact to navigable waters resulting from noncompliance with any effluent limitations specified in this permit, including such accelerated or additional monitoring as necessary to determine the nature and impact of the noncomplying discharge. 5. Bypassing Any diversion from or bypass of facilities necessary to maintain compliance with the terms and conditions of this permit is prohibited, except (i) where M 8 & I 7 PART II Page of Permit No. NC unavoidable to prevent loss of life or severe property damage, or (ii) where excessive storm drainage or runoff would damage any facilities necessary for compliance with the effluent limitations and prohibitions of this permit. The permittee shall promptly notify the Water Quality Section of DEM in writing of each such diversion or bypass. 6. Removed Substances Solids, sludges, filter backwash, or other pollutants removed in the course of treatment or control of wastewaters shall be disposed of in a manner such as to prevent any pollutant from such materials from entering waters of the State or navigable waters of the United States. 7. .Power Failures In order to maintain compliance with the effluent limitations and prohibitions of this permit, the permittee shall either: a. In accordance with the Schedule of Compliance contained in Part I, provide an alternative power source sufficient to operate the waste- water control facilities; or, if such alternative power source is not in existence, and no date for its implementation appears in Part I, b. Halt, reduce or otherwise control production and/or all discharges from wastewater control facilities upon the reduction, loss, or failure of the primary source of power to said wastewater control facilities. 8. 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. I8 PART II Page of Permit No. NC B. RESPONSIBILITIES 1. Right of Entry The permittee shall allow the Director of the Division of Environmental Management, the Regional. Administrator, and/or their authorized represen- tatives, upon the presentations of credentials: a. The enter upon the permittee's premises where an effluent source is located or in which any records are required to be kept under the terms and conditions of this permit; and b. At reasonable times to have access to and copy any records required to be kept under the terms and conditions of this permit; to inspect any monitoring equipment or monitoring method required in this permit; and to sample any discharge of pollutants. 2. Transfer of ownership or Control This permit is not transferable. In the event of any change in control or ownership of facilities from which the authorized discharge emanates or is contemplated, the permittee shall notify the prospective owner or controller by letter of the existence of this permit and of the need to obtain a permit in the name of the prospective owner. A copy of the letter shall be forwarded to the Division of Environmental Management. 3. Availability of Reports Except for data determined to be confidential under N. C. G. S. 143-215. 3(a)(2) or Section 308 of the Federal Act, 33 USC 1318, all reports prepared in accordance with the terms shall be available for public inspection at the offices of the Division of Environmental Management. As required by the Act, effluent data shall not be considered confidential. Knowingly making any false statement on any such report may result in the imposition of criminal penalties as provided for in N. C. G. S. 143-215.6(b)(2) or in Section 309 of the Federal Act. 4. Permit Modification After notice and opportunity for a hearing pursuant to N. C. G. S. 143- 215.1(b)(2) and G. S. 143-215.1(e) respectively, this permit may be modified, suspended, or revoked in whole or in part during its term for cause including, but not limited to, the following: a. Violation of any terms or conditions of this permit; b. Obtaining this permit by misrepresentation or failure to disclose fully all relevant facts; or c. A change in any condition that requires either a temporary or permanent reduction or elimination of the authorized discharge. M 10 & I 9 PART II Page of Permit No. NC 5. Toxic Pollutants Notwithstanding Part II, B-4 above, if a toxic effluent standard or prohibition (including any schedule of compliance specified in such effluent standard or prohibition) is established under Section 307(a) of the Act for a toxic pollutant which is present in the discharge and such standard or prohibition is more stringent than any limitation for such pollutant in this permit, this permit shall be revised or modified in accordance with the toxic effluent standard or prohibition and the permittee so notified. 6. Civil and Criminal Liability Except as provided in permit conditions on "Bypassing" (Part II, A-5) and "Power Failures" (Part II, A-7), nothing in this permit shall be construed to relieve the permittee from civil or criminal penalties for noncompliance pursuant to N. C. G. S. 143-215.6 or Section 309 of the Federal Act, 33 IISC 1319. 7. Oil and Hazardous Substance Liability Nothing in this permit shall be construed to preclude the institution of any legal action or relieve the permittee from any responsibilities, liabilities, or penalties to which the permittee is or may be subject under N. C. G. S. 143-215.75 et seq. or Section 311 of the Federal Act, 33 USC 1321. 8. 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. 9. Severability The provisions of this permit are severable, and if any provision of this permit, or the application of any provision of this permit to any circum- stance, is held invalid, the application of such provision to other cir- cumstances, and the remainder of this permit shall not be affected thereby. M 11 & I 10 PART II Page of Permit No NC 10. Expiration of Permit Permittee is not authorized to discharge after the expiration date. In order to receive authorization to discharge beyond the expiration date, the permi.ttee shall submit such information, forms, and fees as are required by the agency authorized to issue permits no later than 180 days prior to the expiration date. Any discharge without a permit after the expiration will subject the pennittee to enforcement procedures as provided in N. C. G. S. 143-215.6 and 33 USC 1251 et seq.. I 11 PART III Page of Permit No. NC 0 0 7 4 7 9 B. Previous Permits All previous State water quality permits issued to this facility, whether for construction or operation or discharge, are hereby revoked by issuance of this permit. The conditions, requirements, terms, and provisions of this permit authorizing discharge under the National Pollutant Discharge Elimination System governs discharges from this facility. C. Construction No construction of wastewater treatment facilities or additions thereto shall be begun until Final Plans and Specifications have been submitted to the Division of Environmental Management and written approval and Authorization to Construct has been issued. If no objections to Final Plans and Specifications has been made by the DEM after 30 days following receipt of the plans or issuance of this permit, whichever is latter, the plans may be considered approved and construction authorized. D. Certified Operator Pursuant to Chapter 90A of North Carolina General Statutes, the permittee shall employ a certified wastewater treatment plant operator in responsible charge of the wastewater treatment facilities. Such operator must hold a certification of the grade equivalent to the classification assigned to the wastewater treatment facilities. E. In the event that violations of the fecal coliform requirements of the North Carolina water quality standards occur as'a result of this discharge, disin- fection will be immediately required and the permit amended to establish a coliform effluent limit. M15&I12