NC0001384_Draft Permit_20220124

, '� ROY COOPER
Governor
ELIZABETH BISER
Secretary lo' +
S. DANIEL SMITH
Director
NORTH CAROLINA
Environmental Quality
January 24, 2022
Gibsonville RF Enterprises, LLC
Attn. Edward Naylor, Maintenance/Warehouse Supervisor
5928 HWY 87 N
Gibsonville,North Carolina 27249
Subject: Review of Permit Renewal DRAFT
NPDES Permit NC0001384
Riverside Furniture Gibsonville Warehouse WWTP
Biological WPCS Grade II
5928 HWY 87 N, Gibsonville
Caswell County
Mr. Naylor:
The Division of Water Resources(DWR or the Division)received your amended application to renew the
subject permit, signed on December 10,2021.Please review the attached renewal draft carefully to ensure
your understanding of its limits and monitoring conditions,and to correct errors,if any.
Concurrent with this notification,the Division will solicit public comment on this draft by publishing a
notice in newspapers having circulation in the general Guilford County area,as required by the NPDES
Program.Please submit your written comments(if any),to my attention,NCDEQ/DWR/NPDES no
later than January 25,2022 (approximately 30 days after receiving this document).We welcome your
written comments,but they are not mandatory.
The Division understands that,since last renewal,Gibsonville RF Enterprises,LLC (Gibsonville RFE)
has made significant alterations to facilities at the Riverside Furniture Gibsonville Warehouse WWTP.We
have therefore drafted a permit anticipating your future needs.For this renewal,we:
1. understand that future operations will be confined to warehouse activities requiring domestic
wastewater treatment services for employees only. You have estimated that the number of
employees will not likely exceed 14 people. [see section A. (1.)].
2. have verified receiving-stream classification as WS-II;HQW;NSW(Water Supply;High-Quality
Waters;Nutrient Sensitive Waters)
3. cited relevant regulations for Biological WPCS Grade II [see header for Section A. (1.)]
4. updated text for electronic reporting requirements. [Section A. (3.)]
5. updated your site map.
Please note that you discharge to a high-quality,water supply receiving-stream system.The Division
protects such systems as a priority. If non-compliance to you permit may be attributed to adverse impacts
to this system,mitigative measure may be required.
North Carolina Department of Environmental Quality 1 Division of Water Resources
512 North Salisbury Street 11617 Mail Service Center I Raleigh,North Carolina 27699-1617—919.707.3616

1 Edward Naylor,Wearhouse Supervisor
Renewal-Draft Permit Review
January 2021
Page 2
Monthly Report Submittals: Our records show that Gibsonville RFE has registered for e-reporting.
Federal regulations require electronic submittal of all program reports and Monthly Discharge
Monitoring Reports(DMRs); see Permit Condition A.(3).Please do not submit DMR hardcopy as
back-up to the eDMR.
The NPDES standard conditions(Parts II,III,and IV),are part of this permit but are not included in this
draft document(cover,map, and Part I).The conditions are identical to your current permit except that
agency and division names have been updated. The latest version of Parts II,III, and IV are available
at https://bit.ly/2BZ4xxx and can be viewed online or downloaded as a PDF file.
Following the mandatory 45-day Public Comment period,the Division will review all pertinent comments,
if any,and take appropriate action prior to issuing an NPDES permit fmal.
If you have questions,please email the undersigned at [[e-mail]].In support of mandated
emergency response to Covid 19,most of NC state government currently functions remotely,therefore
correspondence via email is preferred.
Respectfully,
Joe . Corpor ,P.G.
D/ /DWR/ DES ermitting
Enclosure:NPDES Permit NC0001384 renewal draft)
ec: DWR/NPDES Program Files Laserfiche
DWR/OCU,Maureen Kinney
DWR/WSRO,Jenny Graznak,cc Lon Snider
DWR/PWS
Edward Naylor[[e-mail],]

Permit NC0001384
STATE OF NORTH CAROLINA
DEPARTMENT OF ENVIRONMENTAL QUALITY
DIVISION OF WATER RESOURCES
PERMIT
TO DISCHARGE WASTEWATER UNDER THE
NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM
(NPDES)
In compliance with the 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,
Gibsonville RF Enterprises, LLC
is hereby authorized to discharge wastewater from a facility located at the
Riverside Furniture Gibsonville Warehouse WWTP
5928 Hwy 87 N, Gibsonville
Caswell County
to receiving waters designated as an unnamed tributary of Laughlin Creek (contributing to Stony Creek
Reservoir) within subbasin 03-06-02 of the Cape Fear River Basin, in accordance with effluent limits,
monitoring requirements, and other conditions set forth in Parts I, II, III and IV hereof.
This permit shall become effective 2022.
This permit and authorization to discharge shall expire at midnight on June 30, 2026.
Signed this day 2022
for S. Daniel Smith Director
Division of Water Resources
By Authority of the Environmental Management Commission
Page 1 of 6

Permit NC0001384
SUPPLEMENT TO PERMIT COVER SHEET
All previous NPDES permits issued to this facility, whether for operation or discharge are hereby
revoked. As of this permit issuance, any previously issued permit bearing this number is no longer
effective. Therefore,the exclusive authority to operate and discharge from this facility arises under
the permit conditions,requirements,terms, and provisions included herein.
Gibsonville RF Enterprises, LLC
is hereby authorized to:
1. Begin operating a 0.025 MGD wastewater treatment facility to treat 100%-domestic wastewater
utilizing:
• influent pump station
• aerated digester/sludge holding tank
• bar screen
• aeration basin
• clarifier
• effluent chlorine=co basin
• tablet chlor tion
• tablet dechlorination
• ap enant discharge piping and s le port
\
these facilities located at the Riverside Furniture Gibsonville Warehouse WWTP, 5928 Hwy 87 N,
Gibsonville in Caswell County, and
3. discharge from said treatment works via Outfall 001, at the location specified on the attached map,
to an unnamed tributary(UT)to Laughlin Creek (stream segment 16-14-5-2), a contributor to Stony
Creek Reservoir, a waterbody currently classified WS-II; HQW;NSW within hydrological unit 03-
06-02 [HUC 030300020302] of the Cape Fear River Basin.
Page 2 of 6

Permit NC0001384
PART I
A. (1.) EFFLUENT LIMITS AND MONITORING REQUIREMENTS
[15A NCAC 02B.0400 et seq., 15A NCAC 02B.0500 et seq.Biological WPCS Grade II[15A NCAC 08G.0302]
During the period beginning on the effective date of this permit and lasting until expiration,the permittee is
authorized to discharge treated, 100%domestic wastewater from Outfall 001. Such discharges shall be
limited,monitored, and reported 1 by the permittee as specified below:
EFFLUENT MONITORING
PARAMETER LIMITS CONDITIONS
CHARACTERISTICS
Monthly Daily Measurement Sample Sample
PCS Code Average Maximum Frequency Type Location
2
Flow(MGD) 50050 0.025 Weekly Instantaneous I or E
Total Residual Chlorine(TRC) 4 50060*\ 28 mg/L 2/week Grab E
Temperature(C°)3 00010 ` Weekdays Grab E
Temperature(C°)3 00010 \\ Weekly Grab U&D
Dissolved Oxygen(mg/L) <, \0 300 Weekly Grab U&D
Dissolved Oxygen(Da' -Minimum ' 00 00 6 mg/L* Weekly Grab E
BOD,5-Day(20 a --) 003� 30.0 -L 45.0 mg/L Weekly Grab E
Total Suspended Sol ds 00530 30.0 thg/L 45.0 mg/L Weekly Grab E
Ammonia(as N) 00610 4 mg/L 20 mg/L Weekly Grab E
(Winter-01Nov-31Mar)
Ammonia(as N) 00610 2 mg/L 10 mg/L Weekly Grab E
(Summer-01Apri1-310ct)
Fecal Coliform(geometric mean) 31616 200/100 mL 400/100 mL Weekly Grab E
pH(standard units) 00400 >6.0 and<9.0 s.u. Weekly Grab E
Total Phosphorus(TP)mg/L 00665 Monitor and Report Quarterly Grab E
Total Nitrogen(TN)5 mg/L 00600 Monitor and Report Quarterly Grab E
Footnotes:
1. The permittee shall submit discharge monitoring reports electronically using the Division's eDMR Reporting
System[see A.(3)].
2. I=Influent;E=Effluent,U=Upstream(minimum 100 feet);D=Downstream(minimum 100 feet)
3. Temperature of the effluent shall not cause the ambient receiving stream temperature to increase more than 2.8°C,
and in no case cause ambient water temperature to exceed 32°C.
4. Total Residual Chlorine-The Division shall consider compliant all TRC values reported below 50 µg/L.
However,the Permittee shall report all results by a NC-certified test methods(including field certified)even if
detected below 50 ug/L.
5. TN=TKN+NO3-N+NO2-N,where TN is Total Nitrogen;TKN is Total Kjeldahl Nitrogen;NO3-N and NO2-N
are Nitrate and Nitrite Nitrogen,respectively.
Condition:The permittee shall discharge no floating solids or foam visible in other than trace amounts.
Page 3 of 6

Permit NC0001384
A. (2.) NUTRIENT REOPENER CONDITION
[NCGS 143-215.1]
Pursuant to N.C. General Statutes Section 143-215.1 and the implementing rules found in the North
Carolina Administrative Code at 15A NCAC 2H.0112 (b) (1) and 2H.0114(a) and Part II sections B-
12 and B-13 of this permit, the Director may reopen this permit to require supplemental nutrient
monitoring of the discharge. The purpose of the additional monitoring will be to support water-quality
modeling efforts within the Cape Fear River Basin and shall be consistent with a monitoring plan
developed jointly by the Division and affected stakeholders. In addition,the results of water-quality
modeling may require that limits for Total Nitrogen and Total Phosphorus be imposed in this permit
upon renewal.
A. (3.) ELECTRONIC REPORTING OF MONITORING REPORTS
[G.S. 143-215.1(b)] \\-
Federal regulations require electronic submittal of all1is)bai monitoring reports (DMRs) and
program reports. The final NPDES Electronic Reporting Rule was adopted and became effective on
December 21, 2015.
NOTE: This special conditio 'supp ements or tipersedes the ull�wmg sections within Part II of this
permit(Standard Cond'tionsfbr NPDES Permit J `)
• Sectioh- 11.) to R\eequirements
• Section D. ( .) Repo ing
• 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. The eDMR system may be
accessed at: https://deq.nc.gov/about/divisions/water-resources/edmr.
If a permittee is unable to use the eDMR system due to a demonstrated hardship or due to the
facility being physically located in an area where less than 10 percent of the households have
broadband access, then a temporary waiver from the NPDES electronic reporting requirements
may be granted and discharge monitoring data may be submitted on paper DMR forms(MR 1, 1.1,
2, 3) or alternative forms approved by the Director. Duplicate signed copies shall be submitted to
the following address:
Page 4 of 6

Permit NC0001384
NC DEQ/Division of Water Resources/Water Quality Permitting Section
ATTENTION: Central Files
1617 Mail Service Center
Raleigh,North Carolina 27699-1617
See "How to Request a Waiver from Electronic Reporting" section below.
Regardless of the submission method, the first DMR is due on the last day of the month following
the issuance of the permit or in the case of a new facility, on the last day of the month following the
commencement of discharge.
Starting on December 21,2025, the permittee must electronically report the following compliance
monitoring data and reports, when applicable:
• Sewer Overflow/Bypass Event Reports;
• Pretreatment Program Annual Reports; and
• Clean Water Act(CWA) Section 316(b)Ann ep .
The permittee may seek an electronic r rtiig waive m the Divisi n (see "How to Request a
Waiver from Electronic Repo ing" secti 1 ).
2. Electronic Submissio
In accordan itfr 49. 1 .41 ,the permittee must identify the initial recipient at the time
of each electrk'c subm�isi . The peen' ee 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-rul e
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
Page 5 of 6

Permit NC0001384
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:/Ideq.nc.gov/about/divisions/water-resources/edmr
4. Signatory Requirements [Supplements Section B. (11.) (b) and Supersedes Section B. (11.)
11111
All eDMRs submitted to the permit issuing authority shall be signed by a person described in Part
II, Section B. 11. a ora dulyauthorized representative of thatperson as described in Part( )( ) by ep 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 sighing and submitting the D st obtain an eDMR user
account and login credentials to access thF eDMR system. POI.more i f ation on North
Carolina's eDMR system, registering for`6 JMR and oht4iMng an eD R user account,please visit
the following web page: htt<://deq.nc.gov/about/division -resources/edmr
Certification. Any person bmitting an electronic DMR using the state's eDMR system shall
make the following certification [40 CFR 122 2]. NO OTHER STATEMENTS OF
CERTIFICATION WILL E ACC
"I certify, under penalty of law, that this document and all attachments were prepared under my
direction or supervision in accordance with a system designed to assure that qualified personnel
properly gather and evaluate the information submitted. Based on my inquiry of the person or
persons who manage the system, or those persons directly responsible for gathering the
information, the information submitted is, to the best of my knowledge and belief true, accurate,
and complete. I am aware that there are significant penalties for submitting false information,
including the possibility of fines and imprisonment for knowing violations."
5. Records Retention [Supplements Section D. (6.)1
The permittee shall retain records of all Discharge Monitoring Reports, including eDMR
submissions. These records or copies shall be maintained for a period of at least 3 years from the
date of the report. This period may be extended by request of the Director at any time [40 CFR
122.41].
Page 6 of 6

P
•
Show Map Index
Gibsonville
ith domestic Wearho discharge linese KE,p�, ` 5928 NC Highway 87 N, C
Existing WWTP
I
' -\— /I ' . . ... .._
S C�/APEI Rv
IN "1"7;,-..1:,1:).. ,-
+
Outfa11001 -
(flows east)
aC(.1/}
NC HWY 87 N
/ il
Laughlin Creek
(flows east ) UT to Laughlin Creek
(flows east)
Buttermilk Creek Ili
1
r •
lri;;
II
Gibsonville RF Enterprises, LLC
Riverside Furniture — Gibsonville Warehouse
5928 Hwy 87 N, Gibsonville Facility
USGS Ouad: Williamsburg,NC HUC: 030300020403 Location
Stream Segment: 16-14-5-2 Hydrologic Unit: 03-06-02 (not to scale)
Drainage Basin: Cape Fear River Basin Stream Class: WS-II;HQW;NSW
Receiving Stream: UT to Laughlin Creek[Stony Creek Reservoir]
Latitude: 36°,15',19"N NPDES Permit NC0001384
Longitude: 79°,30',58" W North
Caswell County

NPDES Permit Standard Conditions
Page 1 of 18
PART II
STANDARD CONDITIONS FOR NPDES PERMITS
Section A. Definitions
2/Month
Samples are collected twice per month with at least ten calendar days between sampling events. These samples shall be
representative of the wastewater discharged during the sample period.
3/Week
Samples are collected three times per week on three separate calendar days.These samples shall be representative of
the wastewater discharged during the sample period.
Act or"the Act"
The Federal Water Pollution Control Act,also known as the Clean Water Act(CWA),as amended, 33 USC 1251,et.
seq.
Annual Average
The arithmetic mean of all "daily discharges"of a pollutant measured during the calendar year. In the case of fecal
coliform,the geometric mean of such discharges.
Arithmetic Mean
The summation of the individual values divided by the number of individual values.
Bypass
The known diversion of waste streams from any portion of a treatment facility including the collection system,which is
not a designed or established or operating mode for the facility.
Calendar Day
The period from midnight of one day until midnight of the next day.However,for purposes of this permit,any
consecutive 24-hour period that reasonably represents the calendar day may be used for sampling.
Calendar Week
The period from Sunday through the following Saturday.
Calendar Quarter
One of the following distinct periods:January through March,April through June,July through September,and
October through December.
Composite Sample
A sample collected over a 24-hour period by continuous sampling or combining grab samples of at least 100 mL in
such a manner as to result in a total sample representative of the wastewater discharge during the sample period.The
Director may designate the most appropriate method(specific number and size of aliquots necessary,the time interval
between grab samples,etc.)on a case-by-case basis. Samples may be collected manually or automatically.Composite
samples may be obtained by the following methods:
(1) Continuous:a single,continuous sample collected over a 24-hour period proportional to the rate of flow.
(2) Constant time/variable volume:a series of grab samples collected at equal time intervals over a 24 hour period
of discharge and combined proportional to the rate of flow measured at the time of individual sample
collection,or
(3) Variable time/constant volume: a series of grab samples of equal volume collected over a 24 hour period with
the time intervals between samples determined by a preset number of gallons passing the sampling point.Flow
measurement between sample intervals shall be determined by use of a flow recorder and totalizer,and the
preset gallon interval between sample collection fixed at no greater than 1/24 of the expected total daily flow at
the treatment system,or
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NPDES Permit Standard Conditions
Page 2 of 18
(4) Constant time/constant volume:a series of grab samples of equal volume collected over a 24-hour period at a
constant time interval.Use of this method requires prior approval by the Director.This method may only be
used in situations where effluent flow rates vary less than 15 percent.The following restrictions also apply:
➢ Influent and effluent grab samples shall be of equal size and of no less than 100 milliliters
➢ Influent samples shall not be collected more than once per hour.
➢ Permittees with wastewater treatment systems whose detention time<24 hours shall collect effluent grab
samples at intervals of no greater than 20 minutes apart during any 24-hour period.
➢ Permittees with wastewater treatment systems whose detention time exceeds 24 hours shall collect effluent
grab samples at least every six hours;there must be a minimum of four samples during a 24-hour sampling
period.
Continuous flow measurement
Flow monitoring that occurs without interruption throughout the operating hours of the facility.Flow shall be
monitored continually except for the infrequent times when there may be no flow or for infrequent maintenance
activities on the flow device.
Daily Discharge
The discharge of a pollutant measured during a calendar day or any 24-hour period that reasonably represents the
calendar day for purposes of sampling.For pollutants measured in units of mass,the"daily discharge" is calculated as
the total mass of the pollutant discharged over the day. For pollutants expressed in other units of measurement,the
"daily discharge"is calculated as the average measurement of the pollutant over the day.(40 CFR 122.2;see also
"Composite Sample,"above.)
Daily Maximum
The highest"daily discharge"during the calendar month.
Daily Sampling
Parameters requiring daily sampling shall be sampled 5 out of every 7 days per week unless otherwise specified in the
permit. Sampling shall be conducted on weekdays except where holidays or other disruptions of normal operations
prevent weekday sampling.If sampling is required for all seven days of the week for any permit parameter(s),that
requirement will be so noted on the Effluent Limitations and Monitoring Page(s).
DWO or"the Division"
The Division of Water Quality,Department of Environment and Natural Resources.
Effluent
Wastewater discharged following all treatment processes from a water pollution control facility or other point source
whether treated or untreated.
EMC
The North Carolina Environmental Management Commission
EPA
The United States Environmental Protection Agency
Facility Closure
Cessation of all activities that require coverage under this NPDES permit.Completion of facility closure will allow this
permit to be rescinded.
Geometric Mean
The Nth root of the product of the individual values where N=the number of individual values.For purposes of
calculating the geometric mean,values of"0"(or"<[detection level]")shall be considered= 1.
Grab Sample
Individual samples of at least 100 mL collected over a period of time not exceeding 15 minutes.Grab samples can be
collected manually.Grab samples must be representative of the discharge(or the receiving stream,for instream
samples).
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NPDES Permit Standard Conditions
Page 3 of 18
Hazardous Substance
Any substance designated under 40 CFR Part 116 pursuant to Section 311 of the CWA.
Instantaneous flow measurement
The flow measured during the minimum time required for the flow measuring device or method to produce a result in
that instance. To the extent practical,instantaneous flow measurements coincide with the collection of any grab
samples required for the same sampling period so that together the samples and flow are representative of the discharge
during that sampling period.
Monthly Average(concentration limit)
The arithmetic mean of all "daily discharges"of a pollutant measured during the calendar month. In the case of fecal
coliform or other bacterial parameters or indicators,the geometric mean of such discharges.
Permit Issuing Authority
The Director of the Division of Water Quality.
Quarterly Average(concentration limit)
The arithmetic mean of all samples taken over a calendar quarter.
Severe property damage
Substantial physical damage to property,damage to the treatment facilities which causes them to become inoperable,or
substantial and permanent loss of natural resources which can reasonably be expected to occur in the absence of a
bypass. Severe property damage excludes economic loss caused by delays in production.
Toxic Pollutant:
Any pollutant listed as toxic under Section 307(a)(1)of the CWA.
Upset
An incident beyond the reasonable control of the Permittee causing unintentional and temporary noncompliance with
permit effluent limitations and/or monitoring requirements.An upset does not include noncompliance caused by
operational error,improperly designed treatment facilities, inadequate treatment facilities, lack of preventive
maintenance,or careless or improper operation.
Weekly Average(concentration limit)
The arithmetic mean of all "daily discharges"of a pollutant measured during the calendar week. In the case of fecal
coliform or other bacterial parameters or indicators,the geometric mean of such discharges.
Section B. General Conditions
1. Duty to Comply
The Permittee must comply with all conditions of this permit.Any permit noncompliance constitutes a violation of
the CWA and is grounds for enforcement action;for permit termination,revocation and reissuance,or
modification;or denial of a permit renewal application[40 CFR 122.41].
a. The Permittee shall comply with effluent standards or prohibitions established under section 307(a)of the
CWA for toxic pollutants and with standards for sewage sludge use or disposal established under section
405(d)of the CWA within the time provided in the regulations that establish these standards or prohibitions or
standards for sewage sludge use or disposal,even if the permit has not yet been modified to incorporate the
requirement.
b. The CWA provides that any person who violates section[s]301,302,306,307,308,318 or 405 of the Act,or
any permit condition or limitation implementing any such sections in a permit issued under section 402,or any
requirement imposed in a pretreatment program approved under sections 402(aX3)or 402(b)(8)of the Act,is
subject to a civil penalty not to exceed$37,500 per day for each violation. [33 USC 1319(d)and 40 CFR
122.41(a)(2)]
c. The CWA provides that any person who negligently violates sections 301,302,306,307,308,318,or 405 of
the Act,or any condition or limitation implementing any of such sections in a permit issued under section 402
of the Act,or any requirement imposed in a pretreatment program approved under section 402(a)(3)or
402(b)(8)of the Act, is subject to criminal penalties of$2,500 to$25,000 per day of violation,or
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NPDES Permit Standard Conditions
Page 4 of 18
imprisonment of not more than 1 year,or both. In the case of a second or subsequent conviction for a negligent
violation,a person shall be subject to criminal penalties of not more than$50,000 per day of violation,or by
imprisonment of not more than 2 years,or both. [33 USC 1319(c)(1)and 40 CFR 122.41(a)(2)]
d. Any person who knowingly violates such sections,or such conditions or limitations is subject to criminal
penalties of$5,000 to$50,000 per day of violation,or imprisonment for not more than 3 years,or both.In the
case of a second or subsequent conviction for a knowing violation,a person shall be subject to criminal
penalties of not more than$100,000 per day of violation,or imprisonment of not more than 6 years,or both.
[33 USC 1319(cX2)and 40 CFR 122.41(a)(2)]
e. Any person who knowingly violates section 301,302,303,306,307,308,318 or 405 of the Act,or any permit
condition or limitation implementing any of such sections in a permit issued under section 402 of the Act,and
who knows at that time that he thereby places another person in imminent danger of death or serious bodily
injury,shall,upon conviction,be subject to a fine of not more than$250,000 or imprisonment of not more than
15 years,or both.In the case of a second or subsequent conviction for a knowing endangerment violation,a
person shall be subject to a fine of not more than$500,000 or by imprisonment of not more than 30 years,or
both.An organization,as defined in section 309(c)(3)(BXiii)of the CWA,shall,upon conviction of violating
the imminent danger provision,be subject to a fine of not more than$1,000,000 and can be fined up to
$2,000,000 for second or subsequent convictions. [40 CFR 122.41(a)(2)]
f. Under state law,a civil penalty of not more than$25,000 per violation may be assessed against any person
who violates or fails to act in accordance with the terms,conditions,or requirements of a permit. [North
Carolina General Statutes § 143-215.6A]
g. Any person may be assessed an administrative penalty by the Administrator for violating section 301,302,
306,307,308,318 or 405 of this Act,or any permit condition or limitation implementing any of such sections
in a permit issued under section 402 of this Act.Administrative penalties for Class I violations are not to
exceed$16,000 per violation,with the maximum amount of any Class I penalty assessed not to exceed
$37,500.Penalties for Class II violations are not to exceed$16,000 per day for each day during which the
violation continues,with the maximum amount of any Class II penalty not to exceed$177,500. [33 USC
1319(g)(2)and 40 CFR 122.41(a)(3)]
2. Duty to Mitigate
The Permittee shall take all reasonable steps to minimize or prevent any discharge or sludge use or disposal in
violation of this permit with a reasonable likelihood of adversely affecting human health or the environment[40
CFR 122.41(d)].
3. Civil and Criminal Liability
Except as provided in permit conditions on"Bypassing"(Part II.C.4),"Upsets"(Part II.C.5)and"Power Failures"
(Part II.C.7),nothing in this permit shall be construed to relieve the Permittee from any responsibilities,liabilities,
or penalties for noncompliance pursuant to NCGS 143-215.3, 143-215.6 or Section 309 of the Federal Act,33 USC
1319.Furthermore,the Permittee is responsible for consequential damages, such as fish kills,even though the
responsibility for effective compliance may be temporarily suspended.
4. Oil and Hazardous Substance Liability
Nothing in this permit shall be construed to preclude the institution of any legal action or relieve the Permittee
from any responsibilities,liabilities,or penalties to which the Permittee is or may be subject to under NCGS 143-
215.75 et seq.or Section 311 of the Federal Act,33 USG 1321.Furthermore,the Permittee is responsible for
consequential damages,such as fish kills,even though the responsibility for effective compliance may be
temporarily suspended.
5. Property Rights
The issuance of this permit does not convey any property rights in either real or personal property,or any exclusive
privileges,nor does it authorize any injury to private property or any invasion of personal rights,nor any
infringement of Federal,State or local laws or regulations[40 CFR 122.41(g)].
6. Onshore or Offshore Construction
This permit does not authorize or approve the construction of any onshore or offshore physical structures or
facilities or the undertaking of any work in any navigable waters.
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7. Severability
The provisions of this permit are severable. If any provision of this permit,or the application of any provision of
this permit to any circumstances,is held invalid,the application of such provision to other circumstances,and the
remainder of this permit,shall not be affected thereby[NCGS 150B-23].
8. Duty to Provide Information
The Permittee shall furnish to the Permit Issuing Authority,within a reasonable time,any information which the
Permit Issuing Authority may request to determine whether cause exists for modifying,revoking and reissuing,or
terminating this permit or to determine compliance with this permit.The Permittee shall also furnish to the Permit
Issuing Authority upon request,copies of records required by this permit[40 CFR 122.41(h)].
9. Duty to Reapply
If the Permittee wishes to continue an activity regulated by this permit after the expiration date of this permit,the
Permittee must apply for and obtain a new permit[40 CFR 122.41(b)].
10. Expiration of Permit
The Permittee is not authorized to discharge after the expiration date.In order to receive automatic authorization to
discharge beyond the expiration date,the Permittee shall submit such information,forms,and fees as are required
by the agency authorized to issue permits no later than 180 days prior to the expiration date unless permission for a
later date has been granted by the Director. (The Director shall not grant permission for applications to be
submitted later than the expiration date of the existing permit.) [40 CFR 122.21(d)]Any Permittee that has not
requested renewal at least 180 days prior to expiration,or any Permittee that does not have a permit after the
expiration and has not requested renewal at least 180 days prior to expiration,will subject the Permittee to
enforcement procedures as provided in NCGS 143-215.6 and 33 USC 1251 et.seq.
11. Signatory Requirements
All applications,reports,or information submitted to the Permit Issuing Authority shall be signed and certified [40
CFR 122.41(k)].
a. All permit applications shall be signed as follows:
(1) For a corporation: by a responsible corporate officer. For the purpose of this Section,a responsible
corporate officer means: (a)a president,secretary,treasurer or vice president of the corporation in charge
of a principal business function,or any other person who performs similar policy or decision making
functions for the corporation,or(b)the manager of one or more manufacturing,production,or operating
facilities,provided,the manager is authorized to make management decisions which govern the operation
of the regulated facility including having the explicit or implicit duty of making major capital investment
recommendations,and initiating and directing other comprehensive measures to assure long term
environmental compliance with environmental laws and regulations;the manager can ensure that the
necessary systems are established or actions taken to gather complete and accurate information for permit
application requirements;and where authority to sign documents has been assigned or delegated to the
manager in accordance with corporate procedures .
(2) For a partnership or sole proprietorship: by a general partner or the proprietor,respectively;or
(3) For a municipality, State,Federal,or other public agency: by either a principal executive officer or
ranking elected official [40 CFR 122.22].
b. All reports required by the permit and other information requested by the Permit Issuing Authority shall be
signed by a person described in paragraph a.above or by a duly authorized representative of that person.A
person is a duly authorized representative only if:
(1) The authorization is made in writing by a person described above;
(2) The authorization specified either an individual or a position having responsibility for the overall operation
of the regulated facility or activity,such as the position of plant manager,operator of a well or well field,
superintendent,a position of equivalent responsibility,or an individual or position having overall
responsibility for environmental matters for the company.(A duly authorized representative may thus be
either a named individual or any individual occupying a named position.);and
(3) The written authorization is submitted to the Permit Issuing Authority[40 CFR 122.22]
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c. Changes to authorization: If an authorization under paragraph(b)of this section is no longer accurate because
a different individual or position has responsibility for the overall operation of the facility,a new authorization
satisfying the requirements of paragraph(b)of this section must be submitted to the Director prior to or
together with any reports,information,or applications to be signed by an authorized representative[40 CFR
122.22]
d. Certification.Any person signing a document under paragraphs a.or b.of this section shall make the following
certification[40 CFR 122.22].NO OTHER STATEMENTS OF CERTIFICATION WILL BE ACCEPTED:
"I 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."
12. Permit Actions
This permit may be modified,revoked and reissued,or terminated for cause.The filing of a request by the
Permittee for a permit modification,revocation and reissuance,or termination,or a notification of planned changes
or anticipated noncompliance does not stay any permit condition[40 CFR 122.41(f)].
13. Permit Modification.Revocation and Reissuance,or Termination
The issuance of this permit does not prohibit the permit issuing authority from reopening and modifying the permit,
revoking and reissuing the permit,or terminating the permit as allowed by the laws,rules,and regulations
contained in Title 40,Code of Federal Regulations,Parts 122 and 123;Title 15A of the North Carolina
Administrative Code,Subchapter 02H.0100;and North Carolina General Statute 143.215.1 et.al.
14. Annual Administering and Compliance Monitoring Fee Requirements
The Permittee must pay the annual administering and compliance monitoring fee within thirty days after being
billed by the Division.Failure to pay the fee in a timely manner in accordance with 15A NCAC 02H .0105(b)(2)
may cause this Division to initiate action to revoke the permit.
Section C. Operation and Maintenance of Pollution Controls
1. Certified Operator
Owners of classified water pollution control systems must designate operators,certified by the Water Pollution
Control System Operators Certification Commission(WPCSOCC),of the appropriate type and grade for the
system,and,for each classification must[T 15A NCAC 08G.0201]:
a. designate one Operator In Responsible Charge(ORC)who possesses a valid certificate of the type and grade at
least equivalent to the type and grade of the system;
b. designate one or more Back-up Operator(s)in Responsible Charge(Back-up ORCs)who possesses a valid
certificate of the type of the system and no more than one grade less than the grade of the system,with the
exception of no backup operator in responsible charge is required for systems whose minimum visitation
requirements are twice per year;and
c. submit a signed completed"Water Pollution Control System Operator Designation Form"to the Commission
(or to the local health department for owners of subsurface systems)countersigned by the designated certified
operators,designating the Operator in Responsible Charge(ORC)and the Back-up Operator in Responsible
Charge(Back-up ORC):
(1) 60 calendar days prior to wastewater or residuals being introduced into a new system;or
(2) within 120 calendar days following:
> receiving notification of a change in the classification of the system requiring the designation of a new
Operator in Responsible Charge(ORC)and Back-up Operator in Responsible Charge(Back-up ORC)
of the proper type and grade;or
> a vacancy in the position of Operator in Responsible Charge(ORC)or Back-up Operator in
Responsible Charge(Back-up ORC).
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(3) within seven calendar days of vacancies in both ORC and Back-up ORC positions replacing or designating
at least one of the responsibilities.
The ORC of each Class I facility(or the Back-up ORC,when acting as surrogate for the ORC)must:
➢ Visit the facility as often as is necessary to insure proper operation of the treatment system;the treatment
facility must be visited at least weekly
➢ Comply with all other conditions of 15A NCAC 08G .0204.
The ORC of each Class II,III and IV facility(or the Back-up ORC,when acting as surrogate for the ORC)must:
➢ Visit the facility as often as is necessary to insure proper operation of the treatment system;the treatment
facility must be visited at least five days per week,excluding holidays
➢ Properly manage and document daily operation and maintenance of the facility
➢ Comply with all other conditions of 15A NCAC 08G .0204.
2. Proper Operation and Maintenance
The Permittee shall at all times properly operate and maintain all facilities and systems of treatment and control
(and related appurtenances)which are installed or used by the Permittee to achieve compliance with the conditions
of this permit. Proper operation and maintenance also includes adequate laboratory controls and appropriate quality
assurance procedures.This provision requires the Permittee to install and operate backup or auxiliary facilities only
when necessary to achieve compliance with the conditions of the permit[40 CFR 122.41(e)].
NOTE: Properly and officially designated operators are fully responsible for all proper operation and maintenance
of the facility,and all documentation required thereof,whether acting as a contract operator[subcontractor]or a
member of the Permittee's staff.
3. Need to Halt or Reduce not a Defense
It shall not be a defense for a Permittee in an enforcement action that it would have been necessary to halt or
reduce the permitted activity in order to maintain compliance with the condition of this permit[40 CFR 122.41(c)].
4. Bypassing of Treatment Facilities
a. Bypass not exceeding limitations [40 CFR 122.41(m)(2)]
The Permittee may allow any bypass to occur which does not cause effluent limitations to be exceeded,but
only if it also is for essential maintenance to assure efficient operation.These bypasses are not subject to the
provisions of Paragraphs b.and c.of this section.
b. Notice [40 CFR 122.41(mx3)]
(1) Anticipated bypass. If the Permittee knows in advance of the need for a bypass,it shall submit prior notice,
if possible at least ten days before the date of the bypass; including an evaluation of the anticipated quality
and effect of the bypass.
(2) Unanticipated bypass.The Permittee shall submit notice of an unanticipated bypass as required in Part
II.E.6.(24-hour notice).
c. Prohibition of Bypass
(1) Bypass from the treatment facility is prohibited and the Permit Issuing Authority may take enforcement
action against a Permittee for bypass,unless:
(A) Bypass was unavoidable to prevent loss of life,personal injury or severe property damage;
(B) There were no feasible alternatives to the bypass,such as the use of auxiliary treatment facilities,
retention of untreated wastes or maintenance during normal periods of equipment downtime.This
condition is not satisfied if adequate backup equipment should have been installed in the exercise of
reasonable engineering judgment to prevent a bypass which occurred during normal periods of
equipment downtime or preventive maintenance;and
(C) The Permittee submitted notices as required under Paragraph b.of this section.
(2) Bypass from the collection system is prohibited and the Permit Issuing Authority may take enforcement
action against a Permittee for a bypass as provided in any current or future system-wide collection system
permit associated with the treatment facility.
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(3) The Permit Issuing Authority may approve an anticipated bypass,after considering its adverse effects,if
the Permit Issuing Authority determines that it will meet the three conditions listed above in Paragraph c.
(1)of this section.
5. Upsets
a. Effect of an upset[40 CFR 122.41(n)(2)]: An upset constitutes an affirmative defense to an action brought for
noncompliance with such technology based permit effluent limitations if the requirements of paragraph b.of
this condition are met.No determination made during administrative review of claims that noncompliance was
caused by upset,and before an action for noncompliance,is final administrative action subject to judicial
review.
b. Conditions necessary for a demonstration of upset:Any Permittee who wishes to establish the affirmative
defense of upset shall demonstrate,through properly signed,contemporaneous operating logs,or other relevant
evidence that:
(1)An upset occurred and that the Permittee can identify the cause(s)of the upset;
(2)The Permittee facility was at the time being properly operated;and
(3)The Permittee submitted notice of the upset as required in Part II.E.6.(b)of this permit.
(4)The Permittee complied with any remedial measures required under Part II.B.2.of this permit.
c. Burden of proof[40 CFR 122.41(n)(4)]: The Permittee seeking to establish the occurrence of an upset has
the burden of proof in any enforcement proceeding.
6. Removed Substances
Solids,sludges,filter backwash,or other pollutants removed in the course of treatment or control of wastewaters
shall be utilized/disposed of in accordance with NCGS 143-215.1 and in a manner such as to prevent any pollutant
from such materials from entering waters of the State or navigable waters of the United States except as permitted
by the Commission.The Permittee shall comply with all applicable state and Federal regulations governing the
disposal of sewage sludge,including 40 CFR 503,Standards for the Use and Disposal of Sewage Sludge;40 CFR
Part 258,Criteria For Municipal Solid Waste Landfills;and 15A NCAC Subchapter 2T,Waste Not Discharged To
Surface Waters.The Permittee shall notify the Permit Issuing Authority of any significant change in its sludge use
or disposal practices.
7. Power Failures
The Permittee is responsible for maintaining adequate safeguards(as required by 15A NCAC 02H .0124)to
prevent the discharge of untreated or inadequately treated wastes during electrical power failures either by means
of alternate power sources,standby generators or retention of inadequately treated effluent.
Section D. Monitoring and Records
1. Representative Sampling
Samples collected and measurements taken,as required herein,shall be representative of the permitted discharge.
Samples collected at a frequency less than daily shall be taken on a day and time that is representative of the
discharge for the period the sample represents.All samples shall be taken at the monitoring points specified in this
permit and,unless otherwise specified,before the effluent joins or is diluted by any other wastestream,body of
water,or substance.Monitoring points shall not be changed without notification to and the approval of the Permit
Issuing Authority[40 CFR 122.41(j)].
2. Reporting
Monitoring results obtained during the previous month(s)shall be summarized for each month and reported on a
monthly Discharge Monitoring Report(DMR)Form(MR 1, 1.1,2,3)or alternative forms approved by the
Director,postmarked no later than the last calendar day of the month following the completed reporting period.
The first DMR is due on the last day of the month following the issuance of the permit or in the case of a new
facility,on the last day of the month following the commencement of discharge.Duplicate signed copies of these,
and all other reports required herein,shall be submitted to the following address:
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NC DENR/Division of Water Quality/Surface Water Protection Section
ATTENTION:Central Files
1617 Mail Service Center
Raleigh,North Carolina 27699-1617
3. Flow Measurements
Appropriate flow measurement devices and methods consistent with accepted scientific practices shall be selected
and used to ensure the accuracy and reliability of measurements of the volume of monitored discharges.The
devices shall be installed,calibrated and maintained to ensure that the accuracy of the measurements is consistent
with the accepted capability of that type of device.Devices selected shall be capable of measuring flows with a
maximum deviation of less than 10%from the true discharge rates throughout the range of expected discharge
volumes. Flow measurement devices shall be accurately calibrated at a minimum of once per year and maintained
to ensure that the accuracy of the measurements is consistent with the accepted capability of that type of device.
The Director shall approve the flow measurement device and monitoring location prior to installation.
Once-through condenser cooling water flow monitored by pump logs,or pump hour meters as specified in Part I of
this permit and based on the manufacturer's pump curves shall not be subject to this requirement.
4. Test Procedures
Laboratories used for sample analysis must be certified by the Division.Permittees should contact the Division's
Laboratory Certification Section(919 733-3908 or http://portal.ncdenr.org/web/wq/lab/cert)for information
regarding laboratorycertifications.
g g
Facilities whose personnel are conducting testing of field-certified parameters only must hold the appropriate field
parameter laboratory certifications.
Test procedures for the analysis of pollutants shall conform to the EMC regulations(published pursuant to NCGS
143-215.63 et. seq.),the Water and Air Quality Reporting Acts,and to regulations published pursuant to Section
304(g),33 USC 1314,of the CWA(as amended),and 40 CFR 136;or in the case of sludge use or disposal,
approved under 40 CFR 136,unless otherwise specified in 40 CFR 503,unless other test procedures have been
specified in this permit[40 CFR 122.41].
To meet the intent of the monitoring required by this permit,all test procedures must produce minimum detection
and reporting levels that are below the permit discharge requirements and all data generated must be reported down
to the minimum detection or lower reporting level of the procedure. If no approved methods are determined
capable of achieving minimum detection and reporting levels below permit discharge requirements,then the most
sensitive(method with the lowest possible detection and reporting level)approved method must be used.
5. Penalties for Tampering
The CWA provides that any person who falsifies,tampers with,or knowingly renders inaccurate,any monitoring
device or method required to be maintained under this permit shall,upon conviction,be punished by a fine of not
more than$10,000 per violation,or by imprisonment for not more than two per er violation,orboth. If a
yearsby
conviction of a person is for a violation committed after a first conviction of such person under this paragraph,
punishment is a fine of not more than$20,000 per day of violation,or by imprisonment of not more than 4 years,
or both[40 CFR 122.41].
6. Records Retention
Except for records of monitoring information required by this permit related to the Permittee's sewage sludge use
and disposal activities,which shall be retained for a period of at least five years(or longer as required by 40 CFR
503),the Permittee shall retain records of all monitoring information, including:
➢ all calibration and maintenance records
➢ all original strip chart recordings for continuous monitoring instrumentation
➢ copies of all reports required by this permit
> copies of all data used to complete the application for this permit
These records or copies shall be maintained for a period of at least 3 years from the date of the sample,
measurement,report or application.This period may be extended by request of the Director at any time [40 CFR
122.41].
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•
7. Recording Results
For each measurement or sample taken pursuant to the requirements of this permit,the Permittee shall record the
following information[40 CFR 122.41]:
a. The date,exact place,and time of sampling or measurements;
b. The individual(s)who performed the sampling or measurements;
c. The date(s)analyses were performed;
d. The individual(s)who performed the analyses;
e. The analytical techniques or methods used;and
f. The results of such analyses.
8. Inspection and Entry
The Permittee shall allow the Director,or an authorized representative(including an authorized contractor acting as
a representative of the Director),upon the presentation of credentials and other documents as may be required by
law,to;
a. Enter,at reasonable times,upon the Permittee's premises where a regulated facility or activity is located or
conducted,or where records must be kept under the conditions of this permit;
b. Have access to and copy,at reasonable times,any records that must be kept under the conditions of this permit;
c. Inspect at reasonable times any facilities,equipment(including monitoring and control equipment),practices,
or operations regulated or required under this permit;and
d. Sample or monitor at reasonable times,for the purposes of assuring permit compliance or as otherwise
authorized by the CWA,any substances or parameters at any location[40 CFR 122.41(i)].
Section E Reporting Requirements
I. 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.
2. Planned Changes
The Permittee shall give notice to the Director as soon as possible of any planned physical alterations or additions
to the permitted facility[40 CFR 122.41(1)].Notice is required only when:
a. The alteration or addition to a permitted facility may meet one of the criteria for new sources at 40 CFR
122.29(b);or
b. The alteration or addition could significantly change the nature or increase the quantity of pollutants
discharged.This notification applies to pollutants subject neither to effluent limitations in the permit,nor to
notification requirements under 40 CFR 122.42(ax 1);or
c. The alteration or addition results in a significant change in the Permittee's sludge use or disposal practices,and
such alteration,addition or change may justify the application of permit conditions that are different from or
absent in the existing permit,including notification of additional use or disposal sites not reported during the
permit application process or not reported pursuant to an approved land application plan.
3. Anticipated Noncompliance
The Permittee shall give advance notice to the Director of any planned changes to the permitted facility or other
activities that might result in noncompliance with the permit[40 CFR 122.41(1)(2)].
4. Transfers
This permit is not transferable to any person without prior written notice to and approval from the Director in
accordance with 40 CFR 122.61.The Director may condition approval in accordance with NCGS 143-215.1,in
particular NCGS 143-215.1(b)(4)b.2.,and may require modification or revocation and reissuance of the permit,or
a minor modification,to identify the new permittee and incorporate such other requirements as may be necessary
under the CWA [40 CFR 122.41(l)(3), 122.61] or state statute.
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5. Monitoring Reports
Monitoring results shall be reported at the intervals specified elsewhere in this permit[40 CFR 122.41(1)(4)].
a. Monitoring results must be reported on a Discharge Monitoring Report(DMR)(See Part II.D.2)or forms
provided by the Director for reporting results of monitoring of sludge use or disposal practices.
b. If the Permittee monitors any pollutant more frequently than required by this permit using test procedures
approved under 40 CFR Part 136 and at a sampling location specified in this permit or other appropriate
instrument governing the discharge,the results of such monitoring shall be included in the calculation and
reporting of the data submitted on the DMR.
6. Twenty-four Hour Reporting
a. The Permittee shall report to the Director or the appropriate Regional Office any noncompliance that
potentially threatens public health or the environment.Any information shall be provided orally within 24
hours from the time the Permittee became aware of the circumstances.A written submission shall also be
provided within 5 days of the time the Permittee becomes aware of the circumstances.The written submission
shall contain a description of the noncompliance,and its cause;the period of noncompliance,including exact
dates and times,and if the noncompliance has not been corrected,the anticipated time it is expected to
continue;and steps taken or planned to reduce,eliminate,and prevent reoccurrence of the noncompliance[40
CFR 122.41(1)(6)].
b. The Director may waive the written report on a case-by-case basis for reports under this section if the oral
report has been received within 24 hours.
c. Occurrences outside normal business hours may also be reported to the Division's Emergency Response
personnel at(800)662-7956,[phone] or(919)733-3300.
7. Other Noncompliance
The Permittee shall report all instances of noncompliance not reported under Part II.E.5 and 6.of this permit at the
time monitoring reports are submitted.The reports shall contain the information listed in Part II.E.6.of this permit
[40 CFR 122.41(1)(7)].
8. Other Information
Where the Permittee becomes aware that it failed to submit any relevant facts in a permit application,or submitted
incorrect information in a permit application or in any report to the Director,it shall promptly submit such facts or
information[40 CFR 122.41(1)(8)].
9. Noncompliance Notification
The Permittee shall report by telephone to either the central office or the appropriate regional office of the Division
as soon as possible,but in no case more than 24 hours or on the next working day following the occurrence or first
knowledge of the occurrence of any of the following:
a. Any occurrence at the water pollution control facility which results in the discharge of significant amounts of
wastes which are abnormal in quantity or characteristic,such as the dumping of the contents of a sludge
digester;the known passage of a slug of hazardous substance through the facility;or any other unusual
circumstances.
b. Any process unit failure,due to known or unknown reasons,that render the facility incapable of adequate
wastewater treatment such as mechanical or electrical failures of pumps,aerators,compressors,etc.
c. Any failure of a pumping station,sewer line,or treatment facility resulting in a by-pass without treatment of all
or any portion of the influent to such station or facility.
Persons reporting such occurrences by telephone shall also file a written report within 5 days following first
knowledge of the occurrence.Also see reporting requirements for municipalities in Part IV.C.2.c.of this permit.
10. Availability of Reports
Except for data determined to be confidential under NCGS 143-215.3 (a)(2)or Section 308 of the Federal Act,33
USC 1318,all reports prepared in accordance with the terms shall be available for public inspection at the offices
of the Division.As required by the Act,effluent data shall not be considered confidential. Knowingly making any
false statement on any such report may result in the imposition of criminal penalties as provided for in NCGS 143-
215.1(b)(2)or in Section 309 of the Federal Act.
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11. Penalties for Falsification of Reports
The CWA provides that any person who knowingly makes any false statement,representation,or certification in
any record or other document submitted or required to be maintained under this permit,including monitoring
reports or reports of compliance or noncompliance shall,upon conviction,be punished by a fine of not more than
$25,000 per violation,or by imprisonment for not more than two years per violation,or by both[40 CFR 122.41].
12. Annual Performance Reports
Permittees who own or operate facilities that collect or treat municipal or domestic waste shall provide an annual
report to the Permit Issuing Authority and to the users/customers served by the Permittee(NCGS 143-215.1C).The
report shall summarize the performance of the collection or treatment system,as well as the extent to which the
facility was compliant with applicable Federal or State laws,regulations and rules pertaining to water quality.The
report shall be provided no later than sixty days after the end of the calendar or fiscal year,depending upon which
annual period is used for evaluation.
The report shall be sent to:
NC DENR/Division of Water Quality/Surface Water Protection Section
ATTENTION:Central Files
1617 Mail Service Center
Raleigh,North Carolina 27699-1617
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PART III
OTHER REQUIREMENTS
Section A. Construction
a. The Permittee shall not commence construction of wastewater treatment facilities,nor add to the plant's treatment
capacity,nor change the treatment process(es)utilized at the treatment plant unless(1)the Division has issued an
Authorization to Construct(AtC)permit or(2)the Permittee is exempted from such AtC permit requirements
under Item b.of this Section.
b. In accordance with NCGS 143-215.1(a5)[SL 2011-394],no permit shall be required to enter into a contract for the
construction,installation,or alteration of any treatment work or disposal system or to construct,install,or alter any
treatment works or disposal system within the State when the system's or work's function is to conduct,
principle
treat,equalize,neutralize,stabilize,recycle,or dispose of industrial waste or sewage from an industrial facility and
the discharge of the industrial waste or sewage is authorized under a permit issued for the discharge of the
industrial waste or sewage into the waters of the State. Notwithstanding the above,the permit issued for the
discharge may be modified if required by federal regulation.
c. Issuance of an AtC will not occur until Final Plans and Specifications for the proposed construction have been
submitted by the Permittee and approved by the Division.
Section B. Groundwater Monitoring
The Permittee shall,upon written notice from the Director,conduct groundwater monitoring as may be required to
determine the compliance of this NPDES permitted facility with the current groundwater standards.
Section C. Changes in Discharges of Toxic Substances
The Permittee shall notify the Permit Issuing Authority as soon as it knows or has reason to believe(40 CFR 122.42):
a. That any activity has occurred or will occur which would result in the discharge,on a routine or frequent basis,of
any toxic pollutant which is not limited in the permit,if that discharge will exceed the highest of the following
"notification levels";
(1) One hundred micrograms per liter(100 µg/L);
(2) Two hundred micrograms per liter(200 µg/L)for acrolein and acrylonitrile;five hundred micrograms per liter
(500 µg/L)for 2,4-dinitrophenol and for 2-methyl-4,6-dinitrophenol;and one milligram per liter(1 mg/L)for
antimony;
(3) Five times the maximum concentration value reported for that pollutant in the permit application.
b. That any activity has occurred or will occur which would result in any discharge,on a non-routine or infrequent
basis,of a toxic pollutant which is not limited in the permit,if that discharge will exceed the highest of the
following"notification levels";
(1) Five hundred micrograms per liter(500 µg/L);
(2) One milligram per liter(1 mg/L)for antimony;
(3) Ten times the maximum concentration value reported for that pollutant in the permit application.
Section D. Facility Closure Requirements
The Permittee must notify the Division at least 90 days prior to the closure of any wastewater treatment system covered
by this permit.The Division may require specific measures during deactivation of the system to prevent adverse
impacts to waters of the State.This permit cannot be rescinded while any activities requiring this permit continue at the
permitted facility.
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• NCDEQ
FACT SHEET FOR RENEWAL
NPDES PERMIT NC0001384
Table 1 - Facility Information
Applicant/ Gibsonville RF Enterprises, LLC/
Facility Name: Riverside Furniture Gibsonville Warehouse WWTP
Applicant Address: 5928 HWY 87 N Gibsonville,North Carolina 27249
Facility Address: Same
Permitted Flow: 0.025 MGD
Type of Waste/ 100%Domestic
Treatment Summary: no WET test/Chlorine disinfection
Facility/Permit Biological WPCS Grade II/Renewal with facility changes
Status:
County: Caswell County
Miscellaneous
Receiving Stream: UT to Laughlin Creek Regional Office: Winston-Salem(WSRO)
Stream Class/ WS-II; HQW;NSW/ USGS Quad: Williamsburg,NC
Stream Index: 16-14-5-2
Edward Naylor,
Yes ittee
Instream Monitoring: (Temperature and DO) Contacts: Maintenance/Warehouse
Supervisor
303(d)Listed? No Permit Writer: Joe R. Corporon,P.G.
Basin: Cape Fear Date: 13Jan2022
Subbasin: 03-06-02
HUC: 030300020403
Drainage Area(mi2):
s7Q10(cfs) 0.0
w7Q10(cfs) 0.0
Average Flow(cfs): 0.0
IWC (%): 100% Lat. 36° 15' 19"N Long. 79° 30' 58" W
FACILITY SUMMARY-- PROPOSED CHANGES for RENEWAL
Since last renewal,Gibsonville RF Enterprises,LLC (Gibsonville RFE)has made significant alterations
to facilities at the Riverside Furniture Gibsonville Warehouse WWTP. Anticipating future needs for this
renewal,DWR has therefore update the permit considering:
Revised warehouse activities are limited to 100%domestic wastewater treatment only[abandoned
previous cooling water and stormwater Outfalls 002 and 003].The Applicant estimates that the number of
warehouse employees"will not exceed 14 people."Permit flow limits remain the same for renewal—no
change recommended[see below REVIEW OF PERMIT LIMITS AND MONITORING.
1. Updates include relevant citations [see header for Section A. (1.)]
2. updated text for electronic reporting requirements. [Section A. (3.)]
3. updated site map
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Renewal Fact Sheet,Jan2022
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RECEIVING STEAM CLASSIFICATION
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nt_library/get_file?uuid=b3692eed-6b8f-4a65-b2de-9285d2befb98&groupld=38364
— -� 'l C9 ch Page view A' Read aloud CO Add text
> 16-111-(1.S)b Back Creek(Graham- Quaker Creek Arm of Graham-Mebane Reservoir 113A FW Ban WS-UrIOw,NSW,t S
Mebane Reservoir)
• 4t Impaired Aquatic Life Standard Violation Chlorophyll a 2008
5 Impaired Aquatic Life Standard Violation Turbidity 2008
> 16-14-(1)4 Stony Creek(Lake From source to Benton Brant 4.3 FW Miles WS-RfIQW.J W 2
Burlington)
1 Supporting Aquatic Life Good Bioclassification Ecological/biological Integrity FishCom
1 Supporting Aquatic Life Good-Fair Biodassificati Ecological/biological Integrity Benthos
> 1L14-Isle Stony Creek(Lake From Benton Branch to backwaters of Lake Burlington L7 FW Miles WS-ti;MQW,NSw 3
Burlington)
3a Not Rated Aquatic Life Not Rated Biodassificati Ecological/biological Integrity Benthos
> la-Is-If Stony Creek(take Uhl Burlington MA FW Atrm WS4tdaQWNSW 2
Burlington)
1 Supporting Aquatic Life No Criteria Exceeded Water quality Standards Aquatic Life
> 14-144S3) Stony Creek(Steely From Buttermilk Creek to dam at Stony Creek Reservoir 11a0 FW Acres WS-U$1QW,NSW,C 3
Creek Reservoir)
3a Not Rated Aquatic Life Potential Standards Viol Chlorophyll a
REVIEW OF PERMIT LIMITS AND MONITORING
DWR verified the receiving-stream classification as WS-II; HQW;NSW(Water Supply;High-Quality
Waters;Nutrient Sensitive Waters).Due to this stream classification,previous permits have included
monitoring for Ammonia[NH3 as N] with limits [summer and winter],monitoring for Total Nitrogen
(TN)and Total Phosphorus(TP)—no changes recommended.
In deference to the HQW classification,permit limits historically have not been halved(limit x 1/2)as
suggested by permitting guidance. DWR continues this with renewal because:
1. reported low-flow discharge [annual average 0.0019 MGD]
2. minimized water use by a maximum of 14 people [est.25 gpd/person x 14=350 gpd],and
3. a long relative distance(miles)to the 1 lot drinking water intake
4. monitoring includes the receiving stream [upstream and downstream(U&D)] for Dissolved
Oxygen and Temperature
—no changes recommended.
COMPLIANCE HISTORY f Jan2018 to Jan2020—discontinued discharge Oct20191
OUTFACE PARAMETER VIOL DATE FREO UNITS LIMIT CALC %OVER VIOL TYPE VIOL ACTION COMMENT UPDATED BY
1lNUMBER
001 Nitrogen Ammonia 01/312018 Weekly mg/I 4 0 9 117 Monthly Average Exceeded Proceed to Enforcement Jennifer graznak
3 L 001 Nitrogen Ammonia 03/31/2018 Weekly mg/I 4 0 5 16 Monthly Average Exceeded Proceed to NOV Jennifer graznak
4—.LLr 001 Temperature 02/03/2018 5 X week deg c Frequency Violation No Action.BPJ No flow Jennifer graznak
5 r 001 Oxygen Dissolved(DO) 10/24/2019 Weekly mg/I 6 0 5 15 Daily Minimum Not Reached Proceed to NOD paul dimetteo
001 Flow 10/12/2019 Weekly mgd Frequency Violation Proceed to NOD paul dimatteo
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• • INSTREAM MONITORING—Receiving-Stream Supporting:
The UT to Laughlin Creek(16-14-5-2)is Supporting; Good-Fair Bioclassification.This facility has
historically monitored the receiving stream for Dissolved Oxygen and Temperature [Upstream and
Downstream], see permit Section A.(1.).
PROPOSED SCHEDULE OF ISSUANCE
Draft Permit to Public Notice: January 25, 2022 (est.)
Permit Scheduled to Issue: March 04, 2022(est.)
Effective Date April 01, 2022 (est.)
NPDES DIVISION CONTACT
If you have questions about any of the above information, or on the attached permit,please email
Joe R. Corporon, P.G. [[e-mail]].
i
NAME: DATE: 13JAN2022
NPDESJmplementat on of Instream Dissolved Metals Standards—Freshwater Standards
The NC 2007-2015 Water Quality Standard(WQS) Triennial Review was approved by the NC
Environmental Management Commission(EMC)on November 13,2014. The US EPA
subsequently approved the WQS revisions on April 6,2016, with some exceptions. Therefore,
metal limits in draft permits out to public notice after April 6, 2016 must be calculated to protect
the new standards- as approved.
Table 5. NC Dissolved Metals Water Quality Standards/Aquatic Life Protection
Parameter Acute FW, µg/1 Chronic FW, Acute SW, µg/1 Chronic SW,
(Dissolved) µg/1 (Dissolved) 110
(Dissolved) (Dissolved)
Arsenic 340 150 69 36
Beryllium 65 6.5 -- ---
Cadmium Calculation Calculation 40 8.8
Chromium III Calculation Calculation - - ---
Chromium VI 16 11 1100 50
Copper Calculation Calculation 4.8 3.1
Lead Calculation Calculation 210 8.1
Nickel Calculation Calculation 74 8.2
Silver Calculation 0.06 1.9 0.1
Zinc Calculation Calculation 90 81
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Table 1 Notes:
1. FW= Freshwater, SW= Saltwater
2. Calculation=Hardness dependent standard
3. Only the aquatic life standards listed above are expressed in dissolved form. Aquatic life
standards for Mercury and selenium are still expressed as Total Recoverable Metals due
to bioaccumulative concerns (as are all human health standards for all metals). It is still
necessary to evaluate total recoverable aquatic life and human health standards listed in
15A NCAC 2B.0200(e.g., arsenic at 10 µg/1 for human health protection; cyanide at 5
µg/L and fluoride at 1.8 mg/L for aquatic life protection).
Table 2. Dissolved Freshwater Standards for Hardness-Dependent Metals
The Water Effects Ratio (WER) is equal to one unless determined otherwise under 15A
NCAC 02B .0211 Subparagraph(11)(d)
Metal NC Dissolved Standard, µg/1
Cadmium, Acute WER*{1.136672-[ln hardness](0.041838)} • e^{0.9151 [ln
hardness]-3.1485}
Cadmium, Acute Trout WER*{1.136672-[ln hardness](0.041838)} • e^{0.9151[In
waters hardness]-3.6236}
Cadmium, Chronic WER*{1.101672-[ln hardness](0.041838)} • a^{0.7998[ln
hardness]-4.4451}
Chromium III, Acute WER*0.316 • e^{0.8190[In hardness]+3.7256)
Chromium III, Chronic WER*0.860 • e^{0.8190[In hardness]+0.6848}
Copper,Acute WER*0.960 • e^{0.9422[ln hardness]-1.700)
Copper, Chronic WER*0.960 • e^{0.8545[In hardness]-1.702)
Lead, Acute WER*{1.46203-[ln hardness](0.145712)} • e^{1.273[In hardness]-
1.460)
Lead, Chronic WER*{1.46203-[ln hardness](0.145712)} • e^{1.273[In hardness]-
4.705)
Nickel, Acute WER*0.998 • e^{0.8460[In hardness]+2.255}
Nickel, Chronic WER*0.997 • e^{0.8460[ln hardness]+0.0584}
Silver, Acute WER*0.85 • e^{1.72[ln hardness]-6.59}
Silver, Chronic Not applicable
Zinc, Acute WER*0.978 • e^{0.8473[ln hardness]+0.884}
Zinc, Chronic WER*0.986 • e^{0.8473[In hardness]+0.884)
General Information on the Reasonable Potential Analysis (RPM
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The RPA process itself did not change as the result of the new metals standards. However,
application of the dissolved and hardness-dependent standards requires additional consideration
in order to establish the numeric standard for each metal of concern of each individual discharge.
The hardness-based standards require some knowledge of the effluent and instream (upstream)
hardness and so must be calculated case-by-case for each discharge.
Metals limits must be expressed as `total recoverable' metals in accordance with 40 CFR
122.45(c). The discharge-specific standards must be converted to the equivalent total values for
use in the RPA calculations. We will generally rely on default translator values developed for
g Y
each metal (more on that below),but it is also possible to consider case-specific translators
developed in accordance with established methodology.
RPA Permitting Guidance/WQBELs for Hardness-Dependent Metals - Freshwater
The RPA is designed to predict the maximum likely effluent concentrations for each metal of
concern,based on recent effluent data, and calculate the allowable effluent concentrations,based
on applicable standards and the critical low-flow values for the receiving stream.
If the maximum predicted value is greater than the maximum allowed value(chronic or acute),
the discharge has reasonable potential to exceed the standard,which warrants a permit limit in
most cases. If monitoring for a particular pollutant indicates that the pollutant is not present(i.e.
consistently below detection level),then the Division may remove the monitoring requirement in
the reissued permit.
1. To perform a RPA on the Freshwater hardness-dependent metals the Permit Writer
compiles the following information:
• Critical low flow of the receiving stream, 7Q10(the spreadsheet automatically
calculates the 1Q10 using the formula 1Q10=0.843 (s7Q10, cfs) 0.993
• Effluent hardness and upstream hardness, site-specific data is preferred
• Permitted flow
• Receiving stream classification
2. In order to establish the numeric standard for each hardness-dependent metal of concern
and for each individual discharge,the Permit Writer must first determine what effluent
and instream(upstream)hardness values to use in the equations.
The permit writer reviews DMR's, Effluent Pollutant Scans, and Toxicity Test results for
any hardness data and contacts the Permittee to see if any additional data is available for
instream hardness values,upstream of the discharge.
If no hardness data is available,the permit writer may choose to do an initial evaluation
using a default hardness of 25 mg/L (CaCO3 or(Ca+Mg)). Minimum and maximum
limits on the hardness value used for water quality calculations are 25 mg/L and 400
mg/L,respectively.
If the use of a default hardness value results in a hardness-dependent metal showing
reasonable potential,the permit writer contacts the Permittee and requests 5 site-specific
effluent and upstream hardness samples over a period of one week. The RPA is rerun
using the new data.
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The overall hardness value used in the water quality calculations is calculated as follows:
Combined Hardness(chronic)
=(Permitted Flow, cfs *Avg. Effluent Hardness, mg/L)x (s7Q10, cfs *Avg. Upstream Hardness,
m /I-
(Permitted Flow, cfs+ s7Q 10,cfs)
The Combined Hardness for acute is the same but the calculation uses the 1 Q 10 flow.
3. The permit writer converts the numeric standard for each metal of concern to a total
recoverable metal, using the EPA Default Partition Coefficients (DPCs)or site-specific
translators, if any have been developed using federally approved methodology.
EPA default partition coefficients or the "Fraction Dissolved"converts the
value for dissolved metal at laboratory conditions to total recoverable metal
at in-stream ambient conditions. This factor is calculated using the linear
partition coefficients found in The Metals Translator: Guidance for
Calculating a Total Recoverable Permit Limit from a Dissolved Criterion
(EPA 823-B-96-007, June 1996) and the equation:
Cdiss = 1
a)
Ctotal 1 + { [Kpo] [ss(1+ ] [101 }
Where:
ss=in-stream suspended solids concentration [mg/1], minimum of 10 mg/L
used, and
Kpo and a=constants that express the equilibrium relationship between
dissolved and adsorbed forms of metals. A list of constants used for each
hardness-dependent metal can also be found in the RPA program under a
4. The nu
meric standard for each metal of concern is divided by the default partition
coefficient(or site-specific translator)to obtain a Total Recoverable Metal at ambient
conditions.
In some cases, where an EPA default partition coefficient translator does not exist(ie.
silver),the dissolved numeric standard for each metal of concern is divided by the EPA
conversion factor to obtain a Total Recoverable Metal at ambient conditions. This
method presumes that the metal is dissolved to the same extent as it was during EPA's
criteria development for metals. For more information on conversion factors see the June,
1996 EPA Translator Guidance Document.
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5. The RPA spreadsheet uses a mass balance equation to determine the total allowable
concentration(permit limits) for each pollutant using the following equation:
Ca=(s7Q10 + Qw) (Cwqs)—(s7010) (Cb)
Qw
Where: Ca= allowable effluent concentration(µg/L or mg/L)
Cwqs=NC Water Quality Standard or federal criteria(µg/L or mg/L)
Cb=background concentration: assume zero for all toxicants except NH3* (µg/L or
mg/L)
Qw=permitted effluent flow(cfs,match s7Q10)
s7Q 10=summer low flow used to protect aquatic life from chronic toxicity and
human health through the consumption of water, fish, and shellfish from
noncarcinogens (cfs)
* Discussions are on-going with EPA on how best to address background
concentrations
Flows other than s7Q10 may be incorporated as applicable:
1 Q 10=used in the equation to protect aquatic life from acute toxicity
QA=used in the equation to protect human health through the consumption of
water, fish, and shellfish from carcinogens
30Q2=used in the equation to protect aesthetic quality
6. The permit writer enters the most recent 2-3 years of effluent data for each pollutant of
concern. Data entered must have been taken within four and one-half years prior to the
date of the permit application(40 CFR 122.21). The RPA spreadsheet estimates the 95th
percentile upper concentration of each pollutant. The Predicted Max concentrations are
compared to the Total allowable concentrations to determine if a permit limit is
necessary. If the predicted max exceeds the acute or chronic Total allowable
concentrations,the discharge is considered to show reasonable potential to violate the
water quality standard, and a permit limit(Total allowable concentration) is included in
the permit in accordance with the U.S. EPA Technical Support Document for Water
Quality-Based Toxics Control published in 1991.
7. When appropriate,permit writers develop facility specific compliance schedules in
accordance with the EPA Headquarters Memo dated May 10,2007 from James Hanlon to
Alexis Strauss on 40 CFR 122.47 Compliance Schedule Requirements.
8. The Total Chromium NC WQS was removed and replaced with trivalent chromium and
hexavalent chromium Water Quality Standards. As a cost savings measure,total
chromium data results may be used as a conservative surrogate in cases where there are
no analytical results based on chromium III or VI. In these cases,the projected maximum
concentration(95th%) for total chromium will be compared against water quality
standards for chromium III and chromium VI.
9. Effluent hardness sampling and instream hardness sampling,upstream of the discharge,
are inserted into all permits with facilities monitoring for hardness-dependent metals to
ensure the accuracy of the permit limits and to build a more robust hardness dataset.
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10. Hardness and flow values used in the Reasonable Potential Analysis for this permit
included:
Parameter Value Comments (Data Source)
Average Effluent Hardness(mg/L) N/A Domestic Discharge—
[Total as, CaCO3 or(Ca+Mg)] Metals not monitored.
Average Upstream Hardness (mg/L) N/A
[Total as, CaCO3 or(Ca+Mg)]
7Q10 summer(cfs) N/A
1 Q 10 (cfs) N/A
Permitted Flow(MGD) 0.025 BIMS
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