HomeMy WebLinkAboutNC0020575_EMC SOC WQ S20-0021_20211117NORTH CAROLINA
ENVIRONMENTAL MANAGEMENT COMMISSION
COUNTY OF WAYNE
IN THE MATTER OF
NORTH CAROLINA
NPDES PERMIT NO. NC0020575
PERMIT NO. WQ0029169
PERMIT NO. WQCS00129
HELD BY
THE TOWN OF MOUNT OLIVE
SPECIAL ORDER BY CONSENT
EMC SOC WQ S20-0021
Pursuant to provisions of North Carolina General Statute (G.S.) 143-215.2 and G.S. 143-215.67,
this Special Order by Consent is entered into by the Town of Mount Olive, hereinafter referred to
as the Town, and the North Carolina Environmental Management Commission, an agency of the
State of North Carolina created by G.S. I43B-282, and hereinafter referred to as the Commission:
I. The Town and the Commission hereby stipulate the following:
(a) The Town holds North Carolina NPDES Permit NC0020575 for operation of an existing
two million gallon per day (mgd) wastewater treatment works and for making an outlet
therefrom for the discharge of one mgd treated wastewater to the Northeast Cape Fear
River, Class C;Sw waters of this State in the Cape Fear River Basin.
The Town also holds Non -Discharge Permit WQ0029169 for operation of a 560,893
gallons per day reclaimed water generation, distribution, and utilization system but is
unable to operate the system at its design capacity. The failure to manage this system has
contributed to noncompliance of the wastewater treatment plant, which discharges the
excess flow to the Cape Fear River in violation of its monthly effluent flow limits as set
forth in NC0020575.
Additionally, the Town holds Permit Number WQCS00129 for operation and
maintenance of approximately 32 miles of gravity sewer, 5 miles of force main, and 15
duplex pump stations to make a complete and functional collection system. The Town
has had persistent issues with inflow and infiltration within this system, which
contributes to flow limit violations at the WWTP. The Town has also received notices of
violation due to sanitary sewer overflows (SSOs) at the influent pump station and
manhole at the WWTP.
The Town continues to be in noncompliance with permit conditions and limits for flow
of their NPDES Permit NC0025075. The Town seeks to discharge an average of 2.4
MGD to the Northeast Cape Fear River while repairs and enhancements to the spray
irrigation facility permitted under WQ0029169 are completed. During construction of
the improved system, the non -discharge system will be unable to receive any flow,
necessitating additional discharge into surface waters. The persistent inflow and
infiltration issues within the collection system are further contributing to flows beyond
Town of Mount Olive — Mount Olive WWTP
EMC SOC WQ S20-0021
Page 2 of 8
the current capacity of the WWTP.
This SOC relaxes the flow limits set forth in the NPDES permit to 2.4 mgd while
maintaining the permitted nutrient loads. There will be no net increase of pollutants to the
River with this increased flow.
Compliance will require preparation of plans and specifications for construction and
operation of additional treatment works and influent pump station improvements.
(b) Noncompliance with final effluent limitations constitutes causing and contributing to
pollution of the waters of this State named above, and the Town is within the jurisdiction
of the Commission as set forth in G.S. Chapter 143, Article 21.
(c) The Town has secured a grant or has otherwise secured financing for planning, design,
and construction/repairs of the following:
•
i. Improvements to the influent pump station, including construction of a new 18-inch force
main.
ii. Removal of influent bypass pump station from service.
iii. Modification of the WWTP headworks to receive increased flow from the improved
influent pump station.
iv. Rehabilitation of two of the four WWTP tertiary filters to increase filter efficiency, return
the filters to their design flowrates, and eliminate frequency of bypass.
v. Installation of a new Parshall flume to increase the accuracy of effluent flow monitoring.
vi. Upgrade of the existing irrigation pump station, and irrigation system controls, to be
compatible with the proposed spray irrigation system. A new transfer pump station
wetwell will be installed. •
vii. The existing sycamore tree crop and drip irrigation system will be replaced with a grass
crop and spray irrigation system.
(d) Since this Special Order is by Consent, neither party will file a petition for a contested
case or for judicial review concerning its terms.
2. The Town, desiring to comply with the Permits identified in paragraph 1(a) above, hereby
agrees to do the following:
(a) Undertake the following activities in accordance with the indicated time schedule:
I) On or before September 30, 2020, submit complete plans and specifications for
the WWTP repairs along with the appropriate permit applications and fee.
(MET)
2) On or before March 31, 2021, begin construction on the WWTP repairs or
modifications. (MET)
3) On or before December 31, 2021, adopt a Short -Term Monitoring Plan (STMP)
Town of Mount Olive — Mount Olive WWTP
EMC SOC WQ S20-0021
Page 3 of 8
for Headworks Analysis (HWA) with appropriate practicable quantitation levels,
PQLs.
4) On or before March 31, 2022, update and submit a map of the collection system
which includes pipe size, pipe material, pipe location, flow direction, pipe age,
and each pump station identification, location, and capacity, and submit a Capital
Improvement Plan (CIP).
5) On or before April 30, 2022, adopt a Sewer Use Ordinance (SUO), a
Enforcement Response Plan (ERP), and submit the Industrial Waste Survey
(IWS) to the Washington Regional Office.
6) On or before April 30, 2022, a soil evaluation shall be submitted per permit
conditions 1. Schedules Items 4. and 5. per Permit No. WQ0029169.
7) On or before June 30, 2022, complete construction of Contract I on the WWTP
repairs or modifications which includes new reclaim water irrigation mains and
spray guns, new field control valve stations (3 total) and sprigging Coastal
Bermuda on all fields.
8) On or before June 30, 2022, repair all broken or uncapped cleanouts, broken
lines, unsealed manholes, connected storm drains and culverts and unknown
defects outlined in Appendix A of the AIA Report prepared by McGill dated
April 2021.
9) On or before June 30, 2022, evaluate the 55 manholes that could not be
evaluated per the AIA report prepared by McGill dated April 2021.
10) On or before February 28, 2023, complete construction of Contract II on the
WWTP repairs or modifications which includes a new 18 inch force main from
inlet pump station to headworks, install new adjustable weir gates, install new
transfer pump station which includes new electromagnetic flow meter to monitor
and log effluent sent to the storage and upset ponds, new irrigation pumps and
control panel, new Parshall flume structure and ultrasonic level transducer for
effluent flow, rebuild existing sand filters 1 and 2 with new underdrain system
and backwash carrier bridge components, two six inch plug valves on sand filters
3 and 4, and replace 8 inch plug for effluent line on Clarifier 1.
I I) On or before May 31, 2023, achieve compliance with permit conditions in
Permit No. NC0020575 and Permit No. WQ0029169.
12) On or before May 31, 2023, repair all offset pipe connections, plugged inverts,
and cracked pipes per Appendix B of the AIA Report prepared by McGill dated
April 2021.
13) On or before March 31, 2023, twenty percent of the collection system shall be
smoked tested and videoed (Note: twenty percent shall include line that has not
been smoked tested or videoed during the AIA study.)
Town of Mount Olive — Mount Olive WWTP
EMC SOC WQ S20-0021
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14) On or before July 31, 2023, repairs shall address all problems found for item 13
of the schedule.
15) On or before January 31, 2024, twenty percent of the collection system shall be
smoked tested and videoed (Note: twenty percent shall include line that has not
been smoked tested or videoed during the AIA study or for item 13.)
16) On or before July 31, 2024, repairs shall address all problems found for item 15
of the schedule.
17) On or before October 31, 2024, twenty percent of the collection system shall be
smoked tested and videoed (Note: twenty percent shall include line that has not
been smoked tested or videoed during the AIA study or for items 13. and 15.)
18) On or before April 30, 2025, repairs shall address all problems found for item 17
of the schedule.
19) On or before July 31, 2025, twenty percent of the collection system shall be
smoked tested and videoed (Note: twenty percent shall include line that has not
been smoked tested or videoed during the AIA study or for items 13., 15., and
17.)
20) On or before January 31, 2026, repairs shall address all problems found for item
19 of the schedule.
(b) The Town will submit quarterly progress reports detailing the work and activities undertaken
and completed on the upgrades to the collection system. The reports are to be submitted as
follows: one copy must be mailed to the Washington Regional Office Supervisor, Division
of Water Resources / Water Quality Regional Operations Section, 943 Washington
Square Mall, Washington, NC 27889, and one copy must be mailed to the Water Quality
Permitting Section / NPDES, 1617 Mail Service Center Raleigh, NC 27699-1617. The
quarterly reports are due in each respective office no later than the first (1s`) day of February,
May, August, and November for the duration of this Order.
(c) The Town will comply with all terms and conditions of the permit except effluent limits for
parameters identified in Attachment A. See Attachment A for all current monitoring
requirements and effluent limits, including interim effluent limits applicable to this Special
Order by Consent. The Town may also be required to monitor for other parameters, as
deemed necessary by the Director, in future permits or administrative letters. During the
time in which this Special Order by Consent is effective, the Town shall comply with the
interim effluent limits for flow.
Town of Mount Olive — Mount Olive W WTP
EMC SOC WQ S20-0021
Page 5 of 8
Under this SOC, only the parameters listed below have been modified from the most
current NPDES Permit NC0020575 in effect for Outfall 001.
Parameters
Permit Limits
Interim
Limits
Monthly
Avg.
Weekly
Monthly
Avg
Weekly
Avg.
Avg,
Flow
1.0 MGD
2 4 MGD
BODS (s)
5.0 mg/L
7.5 mg/L
41.7 Ibs/day
62.55 lbs/day
BODS (w)
10.0 mg/L
15.0 mg/L
83.4 lbs/day
125.1 Ibs/day
Anunonia (s)
1.0 mg/L
3.0 mg/L
8.34 Ibs/day
25.02 lbs/day
Ammonia (w)
2.0 mg/L
6.0 mg/L
16.68 lbs/day
50.04 lbs/day
375.3 Ibs/day
TSS
30.0 mg/L
45.0 mg/L
250.2 lbs/day
Chronic Toxicity'
Quarterly Pass/Fail
Monitoring Only
s = summer (April I — October 31); w = winter (November 1 — March 31)
Footnote 1: NCDFQ will not enforce pass/fail limits for tests that take place for the quarters where
oxidation ditches and tertiary filters are offline for service. In all other quarters, the Town must comply
with toxicity requirements.
(d) No later than fifteen (15) calendar days after any date identified for accomplishment of
any activity listed in 2(a) above, the Town shall submit to the Water Quality Regional
Operations Section Regional Supervisor for the Division of Water Resources' (DWR)
Washington Regional Office written notice of compliance or noncompliance therewith. In
the case of noncompliance, the notice shall include a statement of the reason(s) for
noncompliance, remedial action(s) taken, and a statement identifying the extent to which
subsequent dates or times for accomplishment of listed activities may be affected.
(e) The Town will continue to operate the wastewater treatment plant as best as possible to
prevent/minimize any adverse impacts to the surface waters.
3. The Town, desiring to comply with the Permits identified in paragraph 1(a) above, hereby
agrees to the following settlement of alleged violations, an upfront penalty, and stipulated
penalties:
(a) As settlement of all alleged violations (NOV-2019-LV-0831, NOV-2020-TV-0163,
NOV-2020-LV-0164, NOV-2020-LV-0440, NOV-2019-LV-0442, NOV-2019-LV-0443,
NOV-2020-DV-0231, NOV-2021-DV-0368,NOV-2021-DV-0370, NOV-2021-DV-0371,
NOV-2021-DV-0372, NOV-2021-LM-0079, NOV-2021-LV-0655, NOV-2021-LV-0656,
NOV-2021-LV-0654, NOV-2021-LV-0657, NOV-2021-LM-0080, NOV-202I-LV-0658,
NOV-2021-PC-0340) and unsettled enforcement cases (SP-2004-0007, SP-2008-0024, DV-
2019-0104, and DV-2019-0111) prior to entering into this Special Order of Consent, the
Town agrees to pay the sum of $23,000.00. This settlement payment satisfies the Notice of
Violation/Enforcements and any other alleged violations that may have occurred prior to the
established SOC effective date. A certified check must be made payable to the Department
of Environmental Quality and forwarded to the Director of the Division of Water Resources
at 1617 Mail Service Center, Raleigh, NC 27699-1617 by no later than fifteen days following
the date of which this Order is approved and executed by the Commission and received by
Town of Mount Olive — Mount Olive WWTP
EMC SOC WQ S20-0021
Page 6 of 8
the Town of Mount Olive.
(b) The Town agrees that unless excused under paragraph four (4), the Town will pay the
Director of DWR, by check payable to the North Carolina Department of Environmental
Quality, stipulated penalties according to the following schedule for failure to meet the
deadlines set out in paragraphs 2(a), 2(b), and 2(d); and interim effluent limits and
monitoring requ'rements set out in paragraph 2(c):
Violation Description.
Stipulated Penalty
Any reportable Sanitary Sewer Overflow
(SSO) from the main trunk line or main
pump station
•
$5,000/event day
Failure to meet a scheduled date
•
•
$100/day for the first 7 days
$500/day thereafter
Failure to comply with a modified SOC
effluent limit
•
limit
•
paid
$1,000 for exceeding monthly average
$500 for exceeding weekly limits (to be
on a monthly basis)
Monitoring frequency violations for
modified parameters
$500 per omitted value per
parameter (to
be paid on a monthly basis)
Failure to Submit Progress Reports by the
scheduled date
$1,000 for the first violation; penalty
doubles with each subsequent
assessment for late reports
Failure to achieve compliance with permit
conditions as outlined in Item 2. A. 11.
$10,000 (single penalty)
(c) Certified checks are to be made payable to the North Carolina Department of
Environmental Quality and forwarded to Director of DWR at 1617 Mail Service Center,
Raleigh, North Carolina 27699-1617.
4. The Town and the Commission agree that the stipulated penalties are not due if the Town
satisfies DWR that noncompliance was caused solely by:
a. An act of God;
b. An act of war;
c. An intentional act or omission of a third party, but this defense shall not be available if
the act or omission is that of an employee or agent of the defendant or if the act or
omission occurs in connection with a contractual relationship with the permittee;
Town of Mount Olive — Mount Olive WWTP
EMC SOC WQ S20-0021
Page 7 of 8
d. An extraordinary event beyond the permittee's control. Contractor delays or failure to
obtain funding will not be considered as events beyond the permittee's control; or
e. Any combination of the above causes.
Failure within thirty (30) days of receipt of written demand to pay the penalties, or challenge
them by a contested case petition pursuant to G.S. 150B-23, will be grounds for a collection
action, which the Attorney General is hereby authorized to initiate. The only issue in such an
action will be whether the thirty (30) days has elapsed.
5. Noncompliance with the terms of this Special Order by Consent is subject to enforcement
action in addition to the above stipulations, including injunctive relief pursuant to G.S. 143-
215.6.C.
6. This Special Order by Consent and any terms or conditions contained herein, hereby
supersede any and all previous Special Orders, Enforcement Compliance Schedule Letters,
terms, conditions, and limits contained therein issued in connection with NPDES Permit No.
NC0020575, Non -Discharge Permit No. W00029169 and Collection System Permit No.
WQCS00129. In the event of an NPDES permit modification or renewal, any effluent limit
or monitoring requirements contained therein shall supersede those contained in Attachment
A of this Special Order by Consent, except as modified and contained in paragraph 2(c)
above.
7. This Special Order by Consent may be amended provided the Town has made good faith
efforts to secure funding, complete all construction and achieve compliance within the dates
specified.
8. During the term of this Special Order by Consent, the Town will not be permitted to accept
additional wastewater from any domestic, industrial, or commercial sources without prior
approval from the Washington Regional Supervisor and the Water Quality Permitting
Section.
9. Failure to meet the scheduled date identified in paragraph 2(a) may terminate this Special
Order by Consent and require the Town to comply with the terms and conditions contained in
the permits identified in paragraph 1(a).
10. The Town, upon signature of this Special Order by Consent, will be expected to comply with
all schedule dates, terms, and conditions of this document.
This Special Order by Consent shall expire May 31, 2026.
Town of Mount Olive — Mount Olive WWTP
EMC SOC WQ S20-0021
Page 8 of 8
For the Town of Mount Olive:
Janis .': oyall, Town Manager Date
Town of Mount Olive
For the North Carolina Environmental Management Commission:
S. Daniel Smith, Director Date
Division of Water Resources
ATTACHMENT A
A. (1.) EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS
Beginning on the effective date of this SOC and lasting until May 31, 2026, the permittee is
authorized to discharge treated wastewater from Outfall 001. Such discharges shall be limited
and monitored) by the permittee as specified below:
PARAMETER
CHARACTERISTICS
Parameter Code
SOC MODIFIED EFFLUENT
LIMITS
MONITORING REQUIREMENTS
Monthly
Average
Weekly
Average
Daily
Maximu
Measurement
Frequency
Sample
Type
Sample
Location 9
Flow 50050
2.4 MGD
Continuous
Recording
Influent or
Effluent
BOD, 5-day, 20°C
Summer 2 C0310
(April 1 —October 31)
41.7
lbs/day
62.55
lbs/day
3/Week
Composite
Influent and
Effluent
BOD, 5-day, 20°C Winter
2
(November 1 — March C0310
31)
83.4
lbs/day
125.1
lbs/day
3/Week
Composite
Influent and
Effluent
Total Suspended Solids C0530
(TSS) 2
250.2
lbs/day
375.3
lbs/day
3/Week
Composite
Influent and
Effluent
Ammonia [NH3 as N]
(April 1 - October 31) C0610
8.34
lbs/day
25.02
lbs/day
3/Week
Composite
Effluent
Ammonia [NH3 as N]
(November 1 - March 31) C0610
16.68
lbs/day
50.04
lbs/day
3/Week
Composite
Effluent
Total
[TRC] Residual Chlorine 50060
17.0 µg/L
3/Week
Grab
Effluent
Fecal Coliform
31616
[geometric mean]
200/100
mL
400/100 mL
3/Week
Grab
Effluent
pH 00400
Between 6.0 and 9.0 standard units
3/Week
Grab
Effluent
Dissolved Oxygen [DO] 00300
Daily average not less than 6.0 mg/L
3/Week
Grab
Effluent
Temperature (°C) 00010
Daily
Grab
Effluent
Total Nitrogen 4 (mg/L) C0600
Monthly
Composite
Effluent
Total Phosphorus (mg/L) C0665
Monthly
Composite
Effluent
Chronic Toxicity 5 TGP3B
See footnote 6
Quarterly
Composite
Effluent
Effluent Pollutant Scan NC01
See Footnote 7
Effluent
Total Chromium (mg/L) 01034
Quarterly
Composite
Effluent
Total Copper (mg/L) 01042
Quarterly
Composite
Effluent
PARAMETER
CHARACTERISTICS
Parameter Code
SOC MODIFIED EFFLUENT
LIMITS
MONITORING REQUIREMENTS
Monthly
Average
Weekly
Average
Daily
Maximu
Measurement
Frequency
Sample
Type
Sample
Location 9
Bis (2 ethylhexyl) 39100
phthalate (µg/L)
Quarterly
Composite
Effluent
Total Zinc (µg/L) 01092
Quarterly
Composite
Effluent
Total Hardness [as
00900
CaCO3] (mg/L) 8
Quarterly
Composite
Effluent
Notes:
1. Submit discharge monitoring reports electronically using the NC DWR's eDMR application system. See
section A. (5.).
2. The monthly average effluent BOD5 and TSS concentrations shall not exceed 15 % of respective influent
value (i.e., 85% removal is required).
3. Effluent monitoring and limitation only apply if chlorine or a chlorine derivative is added to the waste stream
during treatment. The Division shall consider all effluent TRC values reported below 50 µg/L to be in
compliance with the permit. However, the permittee shall continue to record and submit all values reported
by a North Carolina certified laboratory (including field certified), even if these values fall below 50 µg/L.
4. For a given wastewater sample, TN = TKN + NO3-N + NO2-N, where TN is total nitrogen, TKN is total
Kjeldahl Nitrogen, and NO3-N and NO2-N are nitrate and nitrite nitrogen, respectively.
5. Chronic Toxicity P/F (Ceriodaphnia) @ 90%, March, June, September, December [see A. (2.)].
6. NCDEQ will not enforce pass/fail limits for tests that take place for the quarters where oxidation ditches
and tertiary filters are offline for service. In all other quarters, the Town must comply with toxicity
requirements.
7. The permittee shall perform three Effluent Pollutant Scans during the term of this permit [see A. (4.)].
8. Effluent Total Hardness sampling should be performed in conjunction with sampling for hardness dependent
metals (cadmium, copper, lead, nickel, silver, and zinc).
9. See A. (3.) for instream monitoring requirements.
There shall be no discharge of floating solids or visible foam in other than trace amounts.
A. (2.) CHRONIC TOXICITY P/F PERMIT LIMIT (QUARTERLY) [15A NCAC
02B.0200]
The effluent discharge shall at no time exhibit observable inhibition of reproduction or significant
mortality to Ceriodaphnia dubia at an effluent concentration of 90% at 2.4 MGD flow regime.
The permit holder shall perform at a minimum, quarterly monitoring using test procedures outlined
in the "North Carolina Ceriodaphnia Chronic Effluent Bioassay Procedure," Revised December
2010, or subsequent versions or "North Carolina Phase II Chronic Whole Effluent Toxicity Test
Procedure" (Revised- December 2010) or subsequent versions. The tests will be performed during
the months of March, June, September and December. These months signify the first month
of each three-month toxicity testing quarter assigned to the facility. Effluent sampling for this
testing must be obtained during representative effluent discharge and shall be performed at the
NPDES permitted final effluent discharge below all treatment processes.
If the test procedure performed as the first test of any single quarter results in a failure or
ChV below the permit limit, then multiple -concentration testing shall be performed at a
minimum, in each of the two following months as described in "North Carolina Phase II
Chronic Whole Effluent Toxicity Test Procedure" (Revised -December 2010) or subsequent
versions.
All toxicity testing results required as part of this permit condition will be entered on the Effluent
Discharge Monitoring Form (MR-1) for the months in which tests were performed, using the
parameter code TGP3B for the pass/fail results and THP3B for the Chronic Value. Additionally,
DWR Form AT-3 (original) is to be sent to the following address:
Attention: North Carolina Division of Water Resources
Water Sciences Section/Aquatic Toxicology Branch
1621 Mail Service Center
Raleigh, NC 27699-1621
Or, results can be sent to the email: ATForms.ATB@ncdenr.gov.
Completed Aquatic Toxicity Test Forms shall be filed with the Water Sciences Section no later
than 30 days after the end of the reporting period for which the report is made.
Test data shall be complete, accurate, include all supporting chemical/physical measurements and
all concentration/response data, and be certified by laboratory supervisor and ORC or approved
designate signature. Total residual chlorine of the effluent toxicity sample must be measured and
reported if chlorine is employed for disinfection of the waste stream.
Should there be no discharge of flow from the facility during a month in which toxicity monitoring
is required, the permittee will complete the information located at the top of the aquatic toxicity
(AT) test form indicating the facility name, permit number, pipe number, county, and the
month/year of the report with the notation of "No Flow" in the comment area of the form. The
report shall be submitted to the Water Sciences Section at the address cited above.
Should the permittee fail to monitor during a month in which toxicity monitoring is required,
monitoring will be required during the following month. Assessment of toxicity compliance is
based on the toxicity testing quarter, which is the three-month time interval that begins on the first
day of the month in which toxicity testing is required by this permit and continues until the final
day of the third month.
Should any test data from this monitoring requirement or tests performed by the North Carolina
Division of Water Resources indicate potential impacts to the receiving stream, this permit may
be re -opened and modified to include alternate monitoring requirements or limits
NOTE: Failure to achieve test conditions as specified in the cited document, such as minimum
control organism survival, minimum control organism reproduction, and appropriate
environmental controls, shall constitute an invalid test and will require immediate follow-up
testing to be completed no later than the last day of the month following the month of the initial
monitoring.
A. (3.) INSTREAM MONITORING REQUIREMENTS [15A NCAC 02B .0500 et seq.]
Upstream samples shall be collected at least 50 feet from the outfall. Downstream samples shall
be collected at SR 1937 and at Highway 403.
Effluent
Characteristics
Measurement Frequency
Sample Type
Dissolved Oxygen,
mg/L
June -September
3/week
Grab
October -May
1 /week
Temperaturc, °C
June -September
3/week
Grab
October -May
1/week
BOD, mg/L
June -September
3/week
Grab
October -May
1 /week
NH3-N, mg/L
June -September
3/week
Grab
October -May
1/week
Fecal Coliform,
#/100mL
June -September
3/week
Grab
October -May
1 /week
All instream monitoring requirements are provisionally waived for the period of time that the
permittee is a participating member of the Lower Cape Fear River Program (LCFRP). All
instream monitoring requirements will become effective immediately upon cessation of
membership in the LCFRP by the permittee.
A. (4.) EFFLUENT POLLUTANT SCAN (Municipal POTWs) [G.S. 143-215.1(b)]
The permittee shall perform a total of three (3) Effluent Pollutant Scans for all parameters listed
below. One scan must be performed in each of the following years: 2022, 2023, and 2024. Analytical
methods shall be in accordance with 40 CFR Part 136 and shall be sufficiently sensitive to determine
whether parameters are present in concentrations greater than applicable standards and criteria.
Samples should be collected with one quarterly toxicity test each year, and must represent seasonal
variation [i.e., do not sample in the same quarter every year]. Unless otherwise indicated, metals shall
be analyzed as "total recoverable."
Ammonia (as N)
Chlorine (total residual, TRC)
Dissolved oxygen
Nitrate / Nitrite
Kjeldahl nitrogen
Oil and grease
Phosphorus
Total dissolved solids
Hardness
Antimony
Arsenic
Beryllium
Cadmium
Chromium
Copper
Lead
Mercury (Method 1631E)
Nickel
Selenium
Silver
Thallium
Zinc
Cyanide
Total phenolic compounds
Volatile organic compounds:
Acrolein
Acrylonitrile
Benzene
Bromoform
Carbon tetrachloride
Chlorobenzene
Chlorodibromomethane
Chloroethane
2-chloroethyl vinyl ether
Chloroform
Dichlorobromomethane
1,1-dichloroethane
1,2-dichloroethane
CO610
50060
00300
00630
00625
00556
CO665
70295
00900
01097
01002
01012
01027
CO034
01042
01051
COMER
01067
01147
01077
01059
01092
00720
32730
34210
34215
34030
32104
32102
34301
34306
85811
34576
32106
32101
34496
32103
Trans-1,2-dichloroethylene
1,1-dichloroethylene
1,2-dichloropropane
1,3-dichloropropylene
Ethylbenzene
Methyl bromide
Methyl chloride
Methylene chloride
1,1,2,2-tetrachloroethane
Tetrachloroethylene
Toluene
1,1,1-trichloroethane
1,1,2-trichloroethane
Trichloroethylene
Vinyl chloride
Acid -extractable compounds:
P-chloro-m-cresol
2-chlorophenol
2,4-dichlorophenol
2,4-dimethylphenol
4,6-dinitro-o-cresol
2,4-dinitrophenol
2-nitrophenol
4-nitrophenol
Pentachlorophenol
Phenol
2,4,6-trichlorophenol
Base -neutral compounds:
Acenaphthene
Acenaphthylene
Anthracene
Benzidine
Benzo(a)anthracene
Benzo(a)pyrene
3,4 benzofluoranthene
Benzo(ghi)perylene
Benzo(k)fluoranthene
Bis (2-chloroethoxy) methane
34546
34501
CO541
77163
34371
34413
34418
34423
81549
34475
34010
34506
34511
39180
39175
34452
34586
34601
34606
34657
34616
34591
34646
39032
34694
34621
34205
34200
CO220
39120
CO526
34247
34230
34521
34242
34278
Bis (2-chloroethyl) ether
Bis (2-chloroisopropyl) ether
Bis (2-ethylhexyl) phthalate
4-bromophenyl phenyl ether
Butyl benzyl phthalate
2-chloronaphthalene
4-chlorophenyl phenyl ether
Chrysene
Di-n-butyl phthalate
Di-n-octyl phthalate
Dibenzo(a,h)anthracene
1,2-dichlorobenzene
1,3-dichlorobenzene
1,4-dichlorobenzene
3, 3-dichlorobenzidine
Diethyl phthalate
Dimethyl phthalate
2,4-dinitrotoluene
2,6-dinitrotoluene
1,2-diphenylhydrazine
Fluoranthene
Fluorene
Hexachlorobenzene
Hexachlorobutadiene
Hexachlorocyclo-pentadiene
Hexachloroethane
Indeno(1,2,3-cd)pyrene
Isophorone
Naphthalene
Nitrobenzene
N-nitrosodi-n-propylamine
N-nitrosodimethylamine
N-nitrosodiphenylamine
Phenanthrene
Pyrene
1,2,4-tichlorobenzene
Reporting. Test results shall be reported electronically using the Division's eDMR system or on
DWR Form DMR-PPA-1(or on a form approved by the Director) by December 31 st of each
designated sampling year. The Permittee must at least report completion of the test in the eDMR
system by entering "1" or "Y" for parameter code NC01 - Annual Pollutant Scan. If utilizing the
DWR Form submit to the following address:
34273
34283
C0100
34636
34292
34581
34641
34320
39110
34596
34556
34536
34566
34571
34631
34336
34341
34611
CO626
34346
CO376
34381
CO700
CO702
34386
34396
34403
34408
34696
34447
34428
34438
34433
34461
34469
CO551
NC DEQ / DWR / NPDES Files, 1617 Mail Service Center, Raleigh, North Carolina 27699-
1617.
Or the form may be uploaded at: https://edocs.deq.nc.gov/Forms/NPDES_WW-EDMR-
Supplemental-Form
Additional Toxicity Testing Requirements for Municipal Permit Renewal. Please note that
Municipal facilities that are subject to the Effluent Pollutant Scan requirements listed above are
also subject to additional toxicity testing requirements specified in Federal Regulation 40 CFR
122.21(j)(5). The US EPA requires four (4) toxicity tests for a test organism other than the test
species currently required in this permit. The multiple species tests should be conducted either
quarterly for a 12-month period prior to submittal of the permit renewal application, or four tests
performed at least annually in the four- and one -half -year period prior to the application. These
tests shall be performed for acute or chronic toxicity, whichever is specified in this permit. The
multiple species toxicity test results shall be filed with the Aquatic Toxicology Branch at the
following address:
North Carolina Division of Water Resources
Water Sciences Section/Aquatic Toxicology Branch
1621 Mail Service Center
Raleigh, North Carolina 27699-1621
Contact the Division's Aquatic Toxicology Branch at 919-743-8401 for guidance on conducting
the additional toxicity tests and reporting requirements. Results should also be summarized in
Part E (Toxicity Testing Data) of EPA Municipal Application Form 2A, when submitting the
permit renewal application to the NPDES Permitting Unit.
A. (5.) ELECTRONIC REPORTING OF MONITORING REPORTS [G.S. 143-215.1(b)]
Federal regulations require electronic submittal of all discharge monitoring reports (DMRs) and
program reports. The final NPDES Electronic Reporting Rule was adopted and became effective
on December 21, 2015.
NOTE: This special condition supplements or supersedes the following sections within Part II of
this permit (Standard Conditions for NPDES Permits):
• Section B. (11.) Signatory Requirements
• Section D. (2.) Reporting
• Section D. (6.) Records Retention
• Section E. (5.) Monitoring Reports
1. Reporting Requirements [Supersedes Section D. (2.) and Section E. (5.) (a)1
The permittee shall report discharge monitoring data electronically using the NC DWR's
Electronic Discharge Monitoring Report (eDMR) internet application.
Monitoring results obtained during the previous month(s) shall be summarized for each month
and submitted electronically using eDMR. The eDMR system allows permitted facilities to
enter monitoring data and submit DMRs electronically using the internet. Until such time that
the state's eDMR application is compliant with EPA's Cross -Media Electronic Reporting
Regulation (CROMERR), permittees will be required to submit all discharge monitoring data
to the state electronically using eDMR and will be required to complete the eDMR submission
by printing, signing, and submitting one signed original and a copy of the computer printed
eDMR to the following address:
NC DEQ / Division of Water Resources / Water Quality Permitting Section
ATTENTION: Central Files
1617 Mail Service Center
Raleigh, North Carolina 27699-1617
If a permittee is unable to use the eDMR system due to a demonstrated hardship or due to the
facility being physically located in an area where less than 10 percent of the households have
broadband access, then a temporary waiver from the NPDES electronic reporting requirements
may be granted and discharge monitoring data may be submitted on paper DMR forms (MR
1, 1.1, 2, 3) or alternative forms approved by the Director. Duplicate signed copies shall be
submitted to the mailing address above. See "How to Request a Waiver from Electronic
Reporting" section below.
Regardless of the submission method, the first DMR is due on the last day of the month
following the issuance of the permit or in the case of a new facility, on the last day of the month
following the commencement of discharge.
Starting on December 21, 2020, the permittee must electronically report the following
compliance monitoring data and reports, when applicable:
• Sewer Overflow/Bypass Event Reports;
• Pretreatment Program Annual Reports; and
• Clean Water Act (CWA) Section 316(b) Annual Reports.
The permittee may seek an electronic reporting waiver from the Division (see "How to Request
a Waiver from Electronic Reporting" section below).
2. Electronic Submissions
In accordance with 40 CFR 122.41(1)(9), the permittee must identify the initial recipient at the
time of each electronic submission. The permittee should use the EPA's website resources to
identify the initial recipient for the electronic submission.
Initial recipient of electronic NPDES information from NPDES-regulated facilities means the
entity (EPA or the state authorized by EPA to implement the NPDES program) that is the
designated entity for receiving electronic NPDES data [see 40 CFR 127.2(b)].
EPA plans to establish a website that will also link to the appropriate electronic reporting tool
for each type of electronic submission and for each state. Instructions on how to access and
use the appropriate electronic reporting tool will be available as well. Information on EPA's
NPDES Electronic Reporting Rule is found at:
https://www.federalregister.gov/documents/2015/ 10/22/2015-24954/national-pollutant-
discharge-elimination-system-npdes-electronic-reporting-rule
Electronic submissions must start by the dates listed in the "Reporting Requirements" section
above.
3. How to Request a Waiver from Electronic Reporting
The permittee may seek a temporary electronic reporting waiver from the Division. To obtain
an electronic reporting waiver, a permittee must first submit an electronic reporting waiver
request to the Division. Requests for temporary electronic reporting waivers must be submitted
in writing to the Division for written approval at least sixty (60) days prior to the date the
facility would be required under this permit to begin submitting monitoring data and reports.
The duration of a temporary waiver shall not exceed 5 years and shall thereupon expire. At
such time, monitoring data and reports shall be submitted electronically to the Division unless
the permittee re -applies for and is granted a new temporary electronic reporting waiver by the
Division. Approved electronic reporting waivers are not transferrable. Only permittees with
an approved reporting waiver request may submit monitoring data and reports on paper to the
Division for the period that the approved reporting waiver request is effective.
Information on eDMR and the application for a temporary electronic reporting waiver are
found on the following web page:
http ://deq.nc.gov/about/divisions/water-resources/edmr
4. Signatory Requirements [Supplements Section B. (11.) (b) and Supersedes Section B.
(11.) (d)1
All eDMRs submitted to the permit issuing authority shall be signed by a person described in
Part II, Section B. (11.)(a) or by a duly authorized representative of that person as described in
Part II, Section B. (11.)(b). A person, and not a position, must be delegated signatory authority
for eDMR reporting purposes.
For eDMR submissions, the person signing and submitting the DMR must obtain an eDMR
user account and login credentials to access the eDMR system. For more information on North
Carolina's eDMR system, registering for eDMR and obtaining an eDMR user account, please
visit the following web page:
http://deq.nc.gov/about/divisions/water-resources/edmr
Certification. Any person submitting an electronic DMR using the state's eDMR system shall
make the following certification [40 CFR 122.22]. NO OTHER STATEMENTS OF
CERTIFICATION WILL BE ACCEPTED:
"1 certify, under penalty of law, that this document and all attachments were prepared under
my direction or supervision in accordance with a system designed to assure that qualified
personnel properly gather and evaluate the information submitted. Based on my inquiry of the
person or persons who manage the system, or those persons directly responsible for gathering
the information, the information submitted is, to the best of my knowledge and belief true,
accurate, and complete. I am aware that there are significant penalties for submitting false
information, including the possibility of fines and imprisonment for knowing violations."
5. Records Retention (Supplements Section D. (6.)1
The permittee shall retain records of all Discharge Monitoring Reports, including eDMR
submissions. These records or copies shall be maintained for a period of at least 3 years from the
date of the report. This period may be extended by request of the Director at any time [40 CFR
122.41].