NC0020664_Permit (Issuance)_20050310

NPDES DOCUMENT SCANNING► COVER :SHEET
NPDES Permit:
NC0020664
Spindale WWTP
r
Document Type:
Permit Issuance
Wasteload Allocation
Authorization to Construct (AtC)
Permit Modification
Complete File - Historical
Engineering Alternatives (EAA)
Technical Correction
Instream Assessment (67b)
Speculative Limits
Environmental Assessment (EA)
Document Date:
March 10, 2005
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NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Michael F. Easley, Governor William G. Ross, Jr., Secretary
Alan W. Klimek, P.E., Director
March 10, 2005
Mr. Bill Hodge
Town of Spindale
P.O. Box 186
Spindale, North Carolina 28160
Subject: Issuance of NPDES Permit NC0020664
Spindale WWTP
Rutherford County
Dear Mr. Hodge:
Division personnel have reviewed and approved your application for renewal of the subject permit. Accordingly, we
are forwarding the attached NPDES discharge permit. This permit is issued pursuant to the requirements of North Carolina
General Statute 143-215.1 and the Memorandum of Agreement between North Carolina and the U.S. Environmental Protection
Agency dated May 9, 1994 (or as subsequently amended).
The following changes have been made to the permit as a result of discussions between Spindale and the Division:
➢ The mercury limit at 3 MGD has been removed. Quarterly monitoring using method 1631 is still required as a
condition of the town's pretreatment program. This limit was removed based on an analysis of 20 data samples
submitted between September 2003 and June 2004. Based on this data, there is no reasonable potential for the 3
MGD discharge to exceed the water quality standards for mercury.
➢ The upstream monitoring location has been changed to a more accessible point; NCSR 1510, Hudlow Road.
➢ Instream monitoring for BOD and NH3 have been removed.
➢ Part III, Section C (Changes in Discharges of Toxic Substances) of the boilerplate language has been removed.
The above items were modified pursuant to the terms of a settlement reached in your contested case, Town of
Spindale v. DENR,DWQ, OAH file number 04 EHR 0483. Accordingly, the Town will need to promptly file a withdrawal of
its request for contested case hearing with the Office of Administrative Hearings. This final permit will become effective on
April 1, 2005.
This permit is not transferable except after notice to the Division. The Division may require modification or
revocation and reissuance of the permit. This permit does not affect the legal requirements to obtain other permits which may
be required by the Division of Water Quality or permits required by the Division of Land Resources, the Coastal Area
Management Act or any other Federal or Local governmental permit that may be required. If you have any questions
concerning this permit, please contact Toya Fields at telephone number [phone], extension 551.
Sincerely,
ORIGINAL SIGNED BY
SUSAN A. WILSON
Alan W. Klimek, P.E.
cc: Central Files Asheville Regional Office / Roger Edwards
NPDES Unit • Deborah Gore, PERCS Unit
Aquatic Toxicology Unit David Franchina, Esq.
Sueanna P. Sumpter, Esq.
1617 Mail Service Center, Raleigh, North Carolina 27699-1617
512 North Salisbury Street, Raleigh, North Carolina 27604
Phone: [phone] / FAX [phone] / Internet: h2o.enr.state.nc.us
An Equal Opportunity/Affirmative Action Employer-50% Recycled/10% Post Consumer Paper
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ti Permit NC0020664
STATE OF NORTH CAROLINA
DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES
DIVISION OF WATER QUALITY
PERMIT
TO DISCHARGE WASTEWATER UNDER THE
NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM
In compliance with the provision 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, the
Town of Spindale
is hereby authorized to discharge wastewater from a facility located at the
Spindale WWTP
Ecology Drive
Spindale
Rutherford County
to receiving waters designated as Catheys Creek in the Broad River Basin in
accordance with effluent limitations, monitoring requirements, and other conditions
set forth in Parts I, II, III and IV hereof.
This permit shall become effective April 1, 2005.
This permit and authorization to discharge shall expire at midnight on July 31, 2008.
Signed this day March 10, 2005.
ORIGINAL SIGNED BY
SUSAN A. WILSON
Alan W. Klimek, P.E., Director
Division of Water Quality
By Authority of the Environmental Management Commission

Permit NC0020664
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.
The Town of Spindale is hereby authorized to:
1. Continue to operate an existing 6.0 MGD wastewater treatment facility
consisting of screening, grit removal, extended aeration, clarification,
chlorination, and dechlorination located at the Town of Spindale Wastewater
Treatment Plant on Ecology Drive in Spindale in Rutherford County.
2. Operate at 4.5 MGD until the average flow for any twelve(12) month period
exceeds 80% of the permitted flow (3.6 MGD), after which time the facility
must monitor in accordance with effluent limitations and monitoring
requirements specified for 6.0 MGD.
3. Operate at 3.0 MGD until the average flow for any twelve(12) month period
exceeds 80% of the permitted flow (2.4 MGD), after which time the facility
must monitor in accordance with effluent limitations and monitoring
requirements specified for 4.5 MGD
4. Discharge from said treatment works at the location specified on the attached
map into Catheys Creek, classified C waters in the Broad River Basin.

s
Permit NC0020664
A. (1) EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS (3.0 MGD)
During the period beginning on April 1, 2005 and lasting until the twelve (12) month average flow
exceeds 2.4 MGD, the Permittee is authorized to discharge from outfall 001. Such discharges shall
be limited and monitored by the Permittee as specified below:
0 .' RAMETER. ,k i `r - _ ;
.
., fsIMII '
MONI .;ORING! REQUIREMENT {Si r
IMODily
Average
Weekly
;Average• •
Daily y 11
I'Maximum,
,Measurement,
i. FrequencyT
i r Sample i
1 'Sample*Lo_ca#on
Flow
3.0 MGD
Continuous
Recording
Influent or Effluent
BOD, 5-day, 20°C 2
22.5 mg/L
38.2 mg/L
Daily
Composite
Effluent, Influent
Total Suspended Solids2
30.0 mg/L
45.0 mg/L
Daily
Composite
Effluent, Influent
NH3 as N
10.0 mg/L
30.0 mg/L
Daily
Composite
Effluent
Dissolved 0xygen3
Daily
Grab
Effluent
Fecal Coliform
(geometric mean)
200 / 100 ml
400 / 100 ml
Daily
Grab
Effluent
Total Residual Chlorine4
28 µg/L
Daily
Grab
Effluent
pH
> 6.0 and < 9.0 standard units
Daily
Grab
Effluent
Temperature (2C)
Daily
Grab
Effluent
Total Nitrogen (NO2 + NO3 + TKN)
Quarterly
_ Composite
Effluent
Total Phosphorus
Quarterly
Composite
Effluent
Chronic Toxicity5
_
Quarterly
Composite
Effluent
Cyanide
Quarterly
Grab
Effluent
Total Copper
2/Month
Composite
Effluent
Total Nickel
261 µg/L
Weekly
Composite
Effluent
Total Selenium
27 µg/L
56 µg/L
Weekly
Composite
Effluent
Total Silver
2/Month
Composite
Effluent
Total Zinc
2/Month
Composite
Effluent
Chlorides
2/Month
Composite
Effluent
Sulfate
2/Month
Composite
Effluent
Dissolved Oxygen
6
Grab
U & D
Fecal Coliform (geometric mean)
6
Grab
U & D
Temperature
6
Grab
U & D
Conductivity
6
Grab
U & D
Notes:
1. U: upstream at NCSR 1547. D: downstream at NCSR 1510 (Hudlow Road).
2. The monthly average BOD5 and Total Suspended Solids concentrations shall not exceed 15% of
the respective influent value (85% removal).
3. The daily average dissolved oxygen effluent concentration shall not be less than 6.0 mg/L.
4. The Total Residual Chlorine limit takes effect September 1, 2005.
5. Chronic Toxicity (Ceriodaphrnia), P/F at 19%. Test shall be conducted in March, June, September
and December [see condition A. (4) for more details].
6. Instream monitoring shall be conducted 3/week from June 1-September 30 and 1/week from
October 1-May 31.
There shall be no discharge of floating solids or visible foam in other than trace amounts.

Permit NC0020664
A. (2.) EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS (4.5 MGD)
During the period beginning when the twelve (12) month average flow exceeds 2.4 MGD lasting until
the twelve (12) month average flow exceeds 3.6 MGD or expiration, the Permittee is authorized to
discharge from outfall 001. Such discharges shall be limited and monitored by the Permittee as
specified below:
EFFLUENT _:.
CHARACTERISTICS
•LIMITS - :_ ..., ,
I ONITORING REQUIREMENTS: ;
•
Monthly• :
Average
Weekly
Average • ,
Daily
Maximum
,Measurement
Frequency';.
:Sample
Type
"!Sample. Location'
Flow
4.5 MGD
Continuous
Recording
Influent or Effluent
BOD, 5-day, 20QC 2
22.5 mg/L
38.2 mg/L
Daily
Composite
Effluent, Influent
Total Suspended Solids2
30.0 mg/L
45.0 mg/L
Daily
Composite
Effluent, Influent
NH3 as N (April 1- October 31)
3.2 mg/L
9.6 mg/L
Daily
Composite
Effluent
NH3 as N (November 1-March 31)
7.7 mg/L
23.1 mg/L
Daily
Composite
Effluent
Dissolved 0xygen3
Daily
Grab
Effluent
Fecal Coliform
(geometric mean)
200 / 100 ml
400 / 100 ml
Daily
Grab
Effluent
Total Residual Chlorine'
28 µg/L
Daily
Grab
Effluent
pH
> 6.0 and < 9.0 standard units.
Daily
Grab
Effluent
Temperature (QC)
Daily
Grab
Effluent
Total Nitrogen (NO2 + NO3 + TKN)
Quarterly
Composite
Effluent
Total Phosphorus
Quarterly
Composite
Effluent
Chronic Toxicity5
Quarterly
Composite
Effluent
Total Cadmium
7.7 µg/L
15 µg/L
Weekly
Composite
Effluent
Cyanide
19 µg/L
22 µg/L
Weekly
Grab
Effluent
Total Copper
2/Month
Composite
Effluent
Total Mercury
0.05 µg/L
Weekly
Grab
Effluent
Total Nickel
261 µg/L
Weekly
Composite
Effluent
Total Selenium
19 µg/L
56 µg/L
Weekly
Composite
Effluent
Total Silver
2/Month
Composite
Effluent
Total Zinc
2/Month
, Composite
; Effluent
Chlorides
2/Month
Composite
Effluent
Sulfate
2/Month
Composite
; Effluent
Dissolved Oxygen
6
Grab
U & D
Fecal Coliform (geometric mean)
6
Grab
4 U & D
Temperature
6
Grab
1 U & D
Conductivity
6
Grab
U & D
Notes:
1. U: upstream at NCSR 1547. D: downstream at NCSR 1510 (Hudlow Road).
2. The monthly average BOD5 and Total Suspended Solids concentrations shall not exceed 15% of
the respective influent value (85% removal).
3. The daily average dissolved oxygen effluent concentration shall not be less than 6.0 mg/L.
4. The Total Residual Chlorine limit takes effect September 1, 2005.
5. Chronic Toxicity (Ceriodaphnia), P/F at 26%. Test shall be conducted in March, June, September
and December [see condition A. (5) for more details].
6. Instream monitoring shall be conducted 3/week from June 1-September 30 and 1/week from
October 1-May 31.
There shall be no discharge of floating solids or visible foam in other than trace amounts.

Permit NC0020664
A. (3) EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS (6.0 MGD)
During the period beginning when the twelve (12) month average flow exceeds 3.6 MGD lasting until
expiration, the Permittee is authorized to discharge from outfall 001. Such discharges shall be
limited and monitored by the Permittee as specified below:
i EFFLUEN�T .j ^ , ; a
r . .
.
:r : ;
s LIMITS =r:: ;
; 1MONITORING SEQUIREMENTS - , J
!Monthlyi
Average
` Weekly , =
Average :.:'Maximum..._...
1Daily i
I (Measurement;
`Frequency. -
1 Sample) i
Types.
L Samp!e�Locattort1
Flow
6.0 MGD
Continuous
Recording
Influent or Effluent
BOD, 5-day, 20°C 2
22.5 mg/L
38.2 mg/L
Daily
Composite
Effluent, Influent
Total Suspended Solids2
30.0 mg/L
45.0 mg/L
Daily
Composite
Effluent, Influent
NH3 as N (April 1- October 31)
2.7 mg/L
8.1 mg/L
Daily
Composite
Effluent
NH3 as N (November 1-March 31)
6.2 mg/L
18.6 mg/L
Daily
Composite
Effluent
Dissolved 0xygen3
Daily
Grab
Effluent
Fecal Coliform
(geometric mean)
200 / 100 mi
400 / 100 ml
Daily
Grab
Effluent
Total Residual Chlorines
28 µg/L
Daily
Grab
Effluent
pH
> 6.0 and < 9.0 standard units
Daily
Grab
Effluent
Temperature (2C)
Daily
Grab
Effluent
Total Nitrogen (NO2 + NO3 + TKN)
Quarterly
Composite
Effluent
Total Phosphorus
Quarterly
Composite
Effluent
Chronic Toxicity5
Quarterly
Composite
Effluent
Total Cadmium
6 µg/L
15 µg/L
Weekly
Composite
Effluent
Cyanide
16 µg/L
22 µg/L
Weekly
Grab
Effluent
Total Copper
2/Month
Composite
Effluent
Total Mercury
0.04 µg/L
Weekly
Grab
Effluent
Total Nickel
261 µg/L
Weekly
Composite
Effluent
Total Selenium
16 µg/L
56 µg/L
Weekly
Composite
Effluent
Total Silver
2/Month
Composite
Effluent
Total Zinc
2/Month
Composite
Effluent
Chlorides
2/Month
Composite
Effluent
Sulfate
2/Month
Composite
Effluent
Dissolved Oxygen
6
Grab
U & D
Fecal Coliform (geometric mean)
6
Grab
U & D
Temperature
6
Grab
U & D
Conductivity
6
Grab
U & D
Notes:
1. U: upstream at NCSR 1547. D: downstream at NCSR 1510 (Hudlow Road).
2. The monthly average BOD5 and Total Suspended Solids concentrations shall not exceed 15% of
the respective influent value (85% removal).
3. The daily average dissolved oxygen effluent concentration shall not be less than 6.0 mg/L.
4. The Total Residual Chlorine limit takes effect September 1, 2005.
5. Chronic Toxicity (Ceriodaphnia), P/F at 32%. Test shall be conducted in March, June, September
and December [see condition A. (6) for more details].
6. Instream monitoring shall be conducted 3/week from June 1-September 30 and 1 /week from
October 1-May 31.
There shall be no discharge of floating solids or visible foam in other than trace amounts.

Permit NC0020664
A. (4) QUARTERLY CHRONIC TOXICITY PERMIT LIMIT (3.0 MGD)
The effluent discharge shall at no time exhibit observable inhibition of reproduction or significant
mortality to Ceriodaphnia dubia at an effluent concentration of 19%.
The permit holder shall perform at a minimum, quarterly monitoring using test procedures outlined
in the "North Carolina Ceriodaphnia. Chronic Effluent Bioassay Procedure," Revised February 1998,
or subsequent versions or "North Carolina Phase II Chronic Whole Effluent Toxicity Test Procedure"
(Revised -February 1998) or subsequent versions. The tests will be performed during the months of
March, June, September and December. Effluent sampling for this testing 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 -February 1998) or subsequent versions.
The chronic value for multiple concentration tests will be determined using the geometric mean of the
highest concentration having no detectable impairment of reproduction or survival and the lowest
concentration that does have a detectable impairment of reproduction or survival. The definition of
"detectable impairment," collection methods, exposure regimes, and further statistical methods are
specified in the "North Carolina Phase II Chronic Whole Effluent Toxicity Test Procedure" (Revised -
February 1998) or subsequent versions.
All toxicity testing results required as part of this permit condition will be entered on the Effluent
Discharge Monitoring Form (MR-1) for the months in which tests were performed, using the
parameter code TGP3B for the pass/fail results and THP3B for the Chronic Value. Additionally, DWQ
Form AT-3 (original) is to be sent to the following address:
Attention:North Carolina Division of Water Quality
Environmental Sciences Branch
1621 Mail Service Center
Raleigh, North Carolina 27699-1621
Completed Aquatic Toxicity Test Forms shall be filed with the Environmental Sciences Branch no
later than 30 days after the end of the reporting period for which the report is made.
Test data shall be complete, accurate, include all supporting chemical/physical measurements and
all concentration/response data, and be certified by laboratory supervisor and ORC or approved
designate signature. Total residual chlorine of the effluent toxicity sample must be measured and
reported if chlorine is employed for disinfection of the waste stream.
Should there be no discharge of flow from the facility during a month in which toxicity monitoring is
required, the Permittee will complete the information located at the top of the aquatic toxicity (AT)
test form indicating the facility name, permit number, pipe number, county, and the month/year of
'the report with the notation of "No Flow" in the comment area of the form. The report shall be
submitted to the Environmental Sciences Branch at the address cited above.
f

• Permit NC0020664
A. (5) QUARTERLY CHRONIC TOXICITY PERMIT LIMIT (4.5 MGD)
The effluent discharge shall at no time exhibit observable inhibition of reproduction or significant
mortality to Ceriodaphnia dubia at an effluent concentration of 26%.
The permit holder shall perform at a minimum, quarterlu monitoring using test procedures outlined
in the "North Carolina Ceriodaphnia Chronic Effluent Bioassay Procedure," Revised February 1998,
or subsequent versions or "North Carolina Phase II Chronic Whole Effluent Toxicity Test Procedure"
(Revised -February 1998) or subsequent versions. The tests will be performed during the months of
March, June, September and December. Effluent sampling for this testing 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 -February 1998) or subsequent versions.
The chronic value for multiple concentration tests will be determined using the geometric mean of the
highest concentration having no detectable impairment of reproduction or survival and the lowest
concentration that does have a detectable impairment of reproduction or survival. The definition of
"detectable impairment," collection methods, exposure regimes, and further statistical methods are
specified in the "North Carolina Phase II Chronic Whole Effluent Toxicity Test Procedure" (Revised -
February 1998) or subsequent versions.
All toxicity testing results required as part of this permit condition will be entered on the Effluent
Discharge Monitoring Form (MR-1) for the months in which tests were performed, using the
parameter code TGP3B for the pass/fail results and THP3B for the Chronic Value. Additionally, DWQ
Form AT-3 (original) is to be sent to the following address:
Attention:North Carolina Division of Water Quality
Environmental Sciences Branch
1621 Mail Service Center
Raleigh, North Carolina 27699-1621
Completed Aquatic Toxicity Test Forms shall be filed with the Environmental Sciences Branch no
later than 30 days after the end of the reporting period for which the report is made.
Test data shall be complete, accurate, include all supporting chemical/physical measurements and
all concentration/response data, and be certified by laboratory supervisor and ORC or approved
designate signature. Total residual chlorine of the effluent toxicity sample must be measured and
reported if chlorine is employed for disinfection of the waste stream.
Should there be no discharge of flow from the facility during a month in which toxicity monitoring is
required, the Permittee will complete the information located at the top of the aquatic toxicity (AT)
test form indicating the facility name, permit number, pipe number, county, and the month/year of
the report with the notation of "No Flow" in the comment area of the form. The report shall be
submitted to the Environmental Sciences Branch at the address cited above.

Permit NC0020664
A. (6) QUARTERLY CHRONIC TOXICITY PERMIT LIMIT (6.0 MGD)
The effluent discharge shall at no time exhibit observable inhibition of reproduction or significant
mortality to Ceriodaphnia dubia at an effluent concentration of 32%.
The permit holder shall perform at a minimum, quarterly monitoring using test procedures outlined
in the "North Carolina Ceriodaphnia Chronic Effluent Bioassay Procedure," Revised February 1998,
or subsequent versions or "North Carolina Phase II Chronic Whole Effluent Toxicity Test Procedure"
(Revised -February 1998) or subsequent versions. The tests will be performed during the months of
March, June, September and December. Effluent sampling for this testing 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 -February 1998) or subsequent versions.
The chronic value for multiple concentration tests will be determined using the geometric mean of the
highest concentration having no detectable impairment of reproduction or survival and the lowest
concentration that does have a detectable impairment of reproduction or survival. The definition of
"detectable impairment," collection methods, exposure regimes, and further statistical methods are
specified in the "North Carolina Phase II Chronic Whole Effluent Toxicity Test Procedure" (Revised -
February 1998) or subsequent versions.
All toxicity testing results required as part of this permit condition will be entered on the Effluent
Discharge Monitoring Form (MR-1) for the months in which tests were performed, using the
parameter code TGP3B for the pass/fail results and THP3B for the Chronic Value. Additionally, DWQ
Form AT-3 (original) is to be sent to the following address:
Attention:North Carolina Division of Water Quality
Environmental Sciences Branch
1621 Mail Service Center
Raleigh, North Carolina 27699-1621
Completed Aquatic Toxicity Test Forms shall be filed with the Environmental Sciences Branch no
later than 30 days after the end of the reporting period for which the report is made.
Test data shall be complete, accurate, include all supporting chemical/physical measurements and
all concentration/response data, and be certified by laboratory supervisor and ORC or approved
designate signature. Total residual chlorine of the effluent toxicity sample must be measured and
reported if chlorine is employed for disinfection of the waste stream.
Should there be no discharge of flow from the facility during a month in which toxicity monitoring is
required, the Permittee will complete the information located at the top of the aquatic toxicity (AT)
test form indicating the facility name, permit number, pipe number, county, and the month/year of
the report with the notation of "No Flow" in the comment area of the form. The report shall be
submitted to the Environmental Sciences Branch at the address cited above.

Permit NC0020664
A. (7) EFFLUENT POLLUTANT SCAN
The Permittee shall perform an annual Effluent Pollutant Scan for all parameters listed in the
attached table. The Permittee shall perform an annual Effluent Pollutant Scan for all parameters
listed in the attached table. The 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 shall represent seasonal variations. Unless
otherwise indicated, metals shall be analyzed as "total recoverable?
Ammonia (as N) Trans-1,2-dichloroethylene Bis (2-chloroethyl) ether
Chlorine (total residual, TRC) 1,1-dichloroethylene Bis (2-chloroisopropyl) ether
Dissolved oxygen 1,2-dichloropropane Bis (2-ethylhexyl) phthalate
Nitrate/Nitrite 1,3-dichloropropylene 4-bromophenyl phenyl ether
Kjeldahl nitrogen Ethylbenzene Butyl benzyl phthalate
0il and grease Methyl bromide 2-chloronaphthalene
Phosphorus Methyl chloride 4-chlorophenyl phenyl ether
Total dissolved solids Methylene chloride Chrysene
Hardness 1,1,2,2-tetrachloroethane Di-n-butyl phthalate
Antimony Tetrachloroethylene Di-n-octyl phthalate
Arsenic Toluene Dibenzo(a,h)anthracene
Beryllium 1,1,1-trichloroethane 1,2-dichlorobenzene
Cadmium 1,1,2-trichloroethane 1,3-dichlorobenzene
Chromium Trichloroethylene 1,4-dichlorobenzene
Copper Vinyl chloride 3,3-dichlorobenzidine
Lead Acid -extractable compounds: Diethyl phthalate
Mercury P-chloro-m-creso Dimethyl phthalate
Nickel 2-chlorophenol 2,4-dinitrotoluene
Selenium 2,4-dichlorophenol 2,6-dinitrotoluene
Silver 2,4-dimethylphenol 1,2-diphenylhydrazine
Thallium 4,6-dinitro-o-cresol Fluoranthene
Zinc 2,4-dinitrophenol Fluorene
Cyanide 2-nitrophenol Hexachlorobenzene
Total phenolic compounds 4-nitrophenol Hexachlorobutadiene
Volatile organic compounds: Pentachlorophenol Hexachlorocyclo-pentadiene
Acrolein Phenol Hexachloroethane
Acrylonitrile 2,4,6-trichlorophenol Indeno(1,2,3-cd)pyrene
Benzene Base -neutral compounds: Isophorone
Bromoform Acenaphthene Naphthalene
Carbon tetrachloride Acenaphthylene Nitrobenzene
Chlorobenzene Anthracene N-nitrosodi-n-propylamine
Chlorodibromomethane Benzidine N-nitrosodimethylamine
Chloroethane Benzo(a)anthracene N-nitrosodiphenylamine
2-chloroethylvinyl ether Benzo(a)pyrene Phenanthrene
Chloroform 3,4 benzofluoranthene Pyrene
Dichlorobromomethane Benzo(ghi)perylene 1,2,4-trichlorobenzene
1,1-dichloroethane Benzo(k)fluoranthene
1,2-dichloroethane Bis (2-chloroethoxy) methane
Test results shall be reported to the Division in DWQ Form- A MR PPA1 or in a form approved by the
Director within 90 days of sampling. The report shall be submitted to the following address:
NC DENR / DWQ / Central Files, 1617 Mail Service Center, Raleigh, North Carolina 27699-1617.

NPDES Permit Requirements
Page 1 of 16
PART II
STANDARD CONDITIONS FOR NPDES PERMITS
Section A. Definitions
2/Month
Samples are collected twice per month with at least ten days between sampling events.
3/Week
Samples are collected three times per week on three separate days.
Act or "the Act"
The Federal Water Pollution Control Act, also known as the Clean Water Act, 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
conform, the geometric mean of such discharges.
Arithmetic Mean
The summation of the individual values divided bythe 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 maybe used for sampling.
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 maybe obtained bythe 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 totali7Pr, 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
4. Constant time/constant volume: a series of grab samples of equal volume collected over a 24-hour period at a
constant time interval. This method may only be used in situations where effluent flow rates vary less
than 15 percent. The grab samples shall be taken at intervals of no greater than 20 minutes apart during any
24-hour period and must be of equal size and of no less than 100 nvui17iters. Use of this method requires
prior approval by the Director.
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In accordance with (4) above, influent grab samples shall not be collected more than once per hour.
Effluent grab samples shall not be collected more than once per hour except at wastewater treatment systems
having a detention time of greater than 24 hours. In such cases, effluent grab samples may be collected at
intervals evenly spaced over the 24-hour period that are equal in number of hours to the detention time of the
system in number of days. However, the interval between effluent grab samples may not exceed six hours nor
the number of samples less than four 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. The "daily discharge" concentration comprises the mean
concentration for a 24-hour sampling period as either a composite sample concentration or the arithmetic mean of all
grab samples collected during that period. (40 CFR 122.3)
Dally 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. The Division expects that 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
anypermit parameter(s), that requirement will be so noted on the Effluent Limitations and Monitoring Page(s).
DWQ or "the Division"
The Division of Water Quality, Department of Environment and Natural Resources.
EMC
The North Carolina Environmental Management Commission.
Facility Closure
The cessation of wastewater treatment at a permitted facility, or the cessation of all activities that require coverage
under the NPDES. 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 = L
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).
Hazardous Substance
Any substance designated under 40 CFR Part 116 pursuant to Section 311 of the Clean Water Act.
Instantaneous flow measurement
A measure of flow taken at the time of sampling, when both the sample and flow will be representative of the total
discharge.
Monthly Average (concentration limit)
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The arithmetic mean of all "daily discharges" of a pollutant measured during the calendar month. In the case of fecal
coliform, the geometric mean of such discharges.
Permit Issuing Authority
The Director of the Division of Water Quality.
Quarterly Average (concentration limit)
The average 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 relays in production.
Toxic Pollutant:
Any pollutant listed as toxic under Section 307(a) (1) of the Clean Water Act.
Upset
An incident beyond the reasonable control of the Permittee causing unintentional and temporary noncompliance with
permit effluent ]imitations 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, the geometric mean of such discharges.
Section B. General Conditions
L Duty to Comply
The Permittee must comply with all conditions of this permit. Any permit noncompliance constitutes a violation
of the Clean Water Act and is grounds for enforcement action; for permit termination, revocation and reissuance,
or modification; or denial of a permit renewal application [40 CPR 122.41].
a. The Permittee shall comply with effluent standards or prohibitions established under section 307(a) of the
Clean Water Act for toxic pollutants and with standards for sewage sludge use or disposal established under
section 405(d) of the Clean Water Act 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 Clean Water Act provides that any person who violates section 301, 302, 306, 307, 308, 318 or 405 of the
Act, or any permit condition or limitation implementing any such sections in a permit issued under section
402, or any requirement imposed in a pretreatment program approved under sections 402(a)(3) or 402(b)(8)
of the Act, is subject to a civil penalty not to exceed $25,000 per day for each violation. [40 CPR 122.41 (a)
(2)]
c. The Clean Water Act 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
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. [40 CPR 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
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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.
[40 CFR 122.41 (a) (2)]
e. Any person who knowingly violates section 301, 302, 303, 306, 307, 308, 318 or 405 of the Act, or any permit
condition or limitation implementing any of such sections in a permit issued under section 402 of the Act,
and who knows at that time that he thereby places another person in imminent danger of death or serious
bodily injury, shall, upon conviction, be subject to a fine of not more than $250,000 or imprisonment of not
more than 15 years, or both. In the case of a second or subsequent conviction for a knowing endangerment
violation, a person shall be subject to a fine of not more than $500,000 or by imprisonment of not more than
30 years, or both. An organization, as defined in section 309(c)(3)(B)(iii) of the CWA, shall, upon conviction
of violating the imminent danger provision, be subject to a fine of not more than $1,000,000 and can be fined
up to $2,000,000 for second or subsequent convictions. [40 CFR 122.41 (a) (2)]
f. Under state law, a civil penalty of not more than $25,000 per violation may be assessed against any person
who violates or fails to act in accordance with the 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 $10,000 per violation, with the maximum amount of any Class I penalty assessed not to exceed
$25,000. Penalties for Gass II violations are not to exceed $10,000 per day for each day during which the
violation continues, with the maximum amount of any Class II penalty not to exceed $125,000. [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 which has 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) 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 maybe 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.
7. Severabl ity
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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 Pennittee 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. 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 govem 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]
c. Changes to authorization: If an authorization under paragraph (b) of this section is no longer accurate
because a different individual or position has responslility 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
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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]:
°l 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. 1 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 Tenn nation
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 2H .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 2I-10105 (b) (4)
may cause this Division to initiate action to revoke the permit.
Section C. Operation and Maintenance of Pollution Controls
1. Certified Operator
Upon classification of the permitted facility by the Certification Commission, the Permittee shall employ a
certified water pollution control treatment system operator in responsible charge (ORC) of the water pollution
control treatment system. Such operator must hold a certification of the grade equivalent to or greater than the
classification assigned to the water pollution control treatment system by the Certification Commission. The
Permittee must also employ one or more certified Back-up ORCs who possess a currently valid certificate of the
type of the system. Back-up ORCs must possess a grade equal to (or no more than one grade less than) the grade
of the system [15A NCAC 8G.0201].
The ORC of each Gass I facility must:
> Visit the facility at least weekly
> Comply with all other conditions of 15A NCAC 8G.0204.
The ORC of each Gass II, III and IV facility must:
> Visit the facility at least daily, excluding weekends and holidays
> Properly manage and document daily operation and maintenance of the facility
> Comply with all other conditions of 15A NCAC 8G.0204.
Once the facility is classified, the Permittee shall submit a letter to the Certification Commission designating the
operator in responsible charge:
a. Within 60 calendar days prior to wastewater being introduced into a new system
b. Within 120 calendar days of:
> Receiving notification of a change in the classification of the system requiring the designation of a
new ORC and back-up ORC
> A vacancy in the position of ORC or back-up ORC.
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2. Proper Operation and Maintenance
The Pennittee shall at all times provide the operation and maintenance resources necessary to operate the existing
facilities at optimum efficiency. 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)].
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 Pennittee may allow any bypass to occur which does not cause effluent limitations to be exceeded, but
only if it also is for essential maintenance to assure efficient operation. These bypasses are not subject to the
provisions of Paragraphs b. and c. of this section.
b. Notice [40 CFR 122.41 (m) (3)]
(1) Anticipated bypass. If the 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
(Q 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.
(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.
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b. Conditions necessary for a demonstration of upset: A 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) (B) of this permit.
(4) The Permittee complied with any remedial measures required under Part II. B. 2. of this permit.
d. 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 utili7Pd/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. The Permittee
shall comply with all existing Federal regulations governing the disposal of sewage sludge. Upon promulgation of
40 CFR Part 503, any permit issued by the Permit Issuing Authority for the utilization/disposal of sludge may be
reopened and modified, or revoked and reissued, to incorporate applicable requirements at 40 CFR 503. The
Permittee shall comply with applicable 40 CFR 503 Standards for the Use and Disposal of Sewage Sludge (when
promulgated) within the time provided in the regulation, even if the permit is not modified to incorporate the
requirement. 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 by15A NCAC 2I10124 — Reliability)
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 characteristic of the volume and nature of
the permitted discharge. Samples collected at a frequency less than daily shall be taken on a day and time that is
characteristic of the discharge over the entire period 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 (D].
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 28th day following the completed reporting period.
The first DMR is due on the last day of the month following the issuance of the permit or in the case of a new
facility, on the last day of the month following the commencement of discharge. Duplicate signed copies of
these, and all other reports required herein, shall be submitted to the following address:
NC DENR / Division of Water Quality / Water Quality 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
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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 flow measurement device and monitoring location shall be approved by the Director prior to installation.
Once -through condenser cooling water flow which is 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
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 Federal Water Pollution Control Act (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 Clean Water Act provides that any person who falsifies, tampers with, or knowingly renders inaccurate, any
monitoring device or method required to be maintained under this permit shall, upon conviction, be punished by
a fine of not more than $10,000 per violation, or by imprisonment for not more than two years per violation, or by
both. If a conviction of a person is for a violation committed after a first conviction of such person under this
paragraph, punishment is a fine of not more than $20,000 per day of violation, or by imprisonment of not more
than 4 years, or both [40 CFR 122.41].
6. Records Retention
Except for records of monitoring information required by this permit related to the Permittee's sewage sludge use
and disposal activities, which shall be retained for a period of at least five years (or longer as required by40 CFR
503), the Permittee shall retain records of all monitoring information, indwling:
> 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].
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
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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 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 Clean Water Act, any substances or parameters at any location [40 CFR 122.41 (i)].
Section E Reporting Requirements
L 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 (I)]. Notice is required onlywhen:
a. The alteration or addition to a permitted facility may meet one of the criteria for new sources at 40 CFR
122.29 (b); or
b. The alteration or addition could significantly change the nature or increase the quantity of pollutants
discharged. This notification applies to pollutants subject neither to effluent limitations in the permit, nor to
notification requirements under 40 CFR 122.42 (a) (1).
c. The alteration or addition results in a significant change in the Permittee's sludge use or disposal practices,
and such alternation, 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 except after notice to the Director. The Director may require
modification or revocation and reissuance of the permit to document the change of ownership. Any such action
may incorporate other requirements as maybe necessary under the Clean Water Act [40 CFR 122.41(1) (3)].
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, 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
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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-bycase 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 [phone], [phone] or [phone].
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 facilitywhich 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 bypass directly to receiving
waters 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.
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 of Water Quality. 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 143-2151 (b)(2) or in Section 309 of the Federal Act.
11. Penalties for Falsification of Reports
The Clean Water Act 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, incbvling
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 143-215.1Q.
The report shall surnrnarize the performance of the collection or treatment system, as well as the extent to which
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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.
PART III
OTHER REQUIREMENTS
Section A. Construction
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 the Division has issued an
Authorization to Construct (AtC) permit. 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 of the Division of Water Quality, conduct groundwater
monitoring as may be required to determine the compliance of this NPDES permitted facility with the current
groundwater standards.
Section C. Evaluation of Wastewater Discharge Alternatives
The Permittee shall evaluate all wastewater disposal alternatives and pursue the most environmentally sound
alternative of the reasonably cost effective alternatives. If the facility is in substantial non-compliance with the terms
and conditions of the NPDES permit or governing rules, regulations or laws, the Permittee shall submit a report in
such form and detail as required bythe Division evaluating these alternatives and a plan of action within 60 days of
notification bythe Division.
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.
PART IV
SPECIAL CONDITIONS FOR MUNCIPAL FACILITIE S
Section A. Publicly Owned Treatment Works (POTWs)
All POTWs must provide adequate notice to the Director of the following:
1. Any new introduction of pollutants into the POTW from an indirect discharger which would be subject to
section 301 or 306 of CWA if it were directly discharging those pollutants; and
2. Any substantial change in the volume or character of pollutants being introduced by an indirect discharger
as influent to that POTW at the time of issuance of the permit.
3. For purposes of this paragraph, adequate notice shall include information on (1) the quality and quantity of
effluent introduced into the POTW, and (2) any anticipated impact of the change on the quantity or quality
of effluent to be discharged from the POTW.
Section B. Municipal Control of Pollutants from Industrial Users.
1. Effluent limitations are listed in Part I of this permit. Other pollutants attributable to inputs from
industries using the municipal system maybe present in the Permittee's discharge. At such time as sufficient
information becomes available to establish limitations for such pollutants, this permit may be revised to
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specify effluent limitations for any or all of such other pollutants in accordance with best practicable
technology or water quality standards.
2. Under no circumstances shall the Permittee allow introduction of the following wastes in the waste
treatment system:
a. Pollutants which create a fire or explosion hazard in the POTW, including, but not limited to,
wastestreams with a dosed cup flashpoint of less than 140 degrees Fahrenheit or 60 degrees
Centigrade using the test methods specified in 40 CFR 261.21;
b. Pollutants which will cause corrosive structural damage to the POTW, but in no case Discharges
with pH lower than 5.0, unless the works is specifically designed to accommodate such Discharges;
c. Solid or viscous pollutants in amounts which will cause obstruction to the flow in the POTW
resulting in Interference;
d. Any pollutant, including oxygen demanding pollutants ($OD, etc.) released in a Discharge at a flow
rate and/or pollutant concentration which will cause Interference with the POTW;
e. Heat in amounts which will inhibit biological activity in the POTW resulting in Interference, but in
no case heat in such quantities that the temperature at the POTW Treatment Plant exceeds 40°C
(104°F) unless the Division, upon request of the POTW, approves alternate temperature limits;
f. Petroleum oil, nonbiodegradable cutting oil, or products of mineral oil origin in amounts that will
cause interference or pass through;
g. Pollutants which result in the presence of toxic gases, vapors, or fumes within the POTW in a
quantity that may cause acute worker health and safety problems;
h. Any trucked or hauled pollutants, except at discharge points designated by the POTW.
3. With regard to the effluent requirements listed in Part I of this permit, it may be necessary for the Permittee
to supplement the requirements of the Federal Pretreatment Standards (40 CFR, Part 403) to ensure
compliance by the Permittee with all applicable effluent limitations. Such actions by the Permittee may be
necessary regarding some or all of the industries discharging to the municipal system.
4. The Permittee shall require any industrial discharges sending influent to the permitted system to meet
Federal Pretreatment Standards promulgated in response to Section 307(b) of the Act. Prior to accepting
wastewater from any significant industrial user, the Permittee shall either develop and submit to the
Division a Pretreatment Program for approval per 15A NCAC 2H .0907(a) or modify an existing
Pretreatment Program per 15A NCAC 2H .0907(b).
5. This permit shall be modified, or alternatively, revoked and reissued, to incorporate or modify an approved
POTW Pretreatment Program or to include a compliance schedule for the development of a POTW
Pretreatment Program as required under Section 402(b)(8) of the Clean Water Act and implementing
regulations or bythe requirements of the approved State pretreatment program, as appropriate.
Section C. Pretreatment Programs
Under authority of sections 307(b) and (c) and 402(b) (8) of the Clean Water Act and implementing regulations 40
CFR Part 403, North Carolina General Statute 143-215.3 (14) and implementing regulations 15A NCAC 2H
.0900, and in accordance with the approved pretreatment program, all provisions and regulations contained and
referenced in the Pretreatment Program Submittal are an enforceable part of this permit.
The Permittee shall operate its approved pretreatment program in accordance with Section 402(b)(8) of the Clean
Water Act, the Federal Pretreatment Regulations 40 CFR Part 403, the State Pretreatment Regulations 15A
NCAC 2H .0900, and the legal authorities, policies, procedures, and financial provisions contained in its
pretreatment program submission and Division approved modifications there of. Such operation shall include
but is not limited to the implementation of the following conditions and requirements:
1. Sewer Use Ordinance (SUO)
The Permittee shall maintain adequate legal authority to implement its approved pretreatment program.
2. Industrial Waste Survey (PWS)
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The Permittee shall update its Industrial Waste Survey (IWS) to include all users of the sewer collection
system at least once every five years.
3. Monitoring Plan
The Permittee shall implement a Division approved Monitoring Plan for the collection of facility specific
data to be used in a wastewater treatment plant Headworks Analysis (IHWA) for the development of
specific pretreatment local limits Effluent data from the Plan shall be reported on the DMRs (as required
by Part II, Section D, and Section E.5 ).
4. Headworks Analysis (HWA) and Local Limits
The Permittee shall obtain Division approval of a Headworks Analysis (HWA) at least once every five
years, and as required by the Division. Within 180 days of the effective date of this permit (or any
subsequent permit modification) the Permittee shall submit to the Division a written technical evaluation of
the need to revise local limits (ie., an updated HWA or documentation of why one is not needed) [40 CFR
122.42]. The Permittee shall develop, in accordance with 40 CFR 403.5(c) and 15A NCAC 2H .0909,
specific Local Limits to implement the prohibitions listed in 40 CFR 403.5(a) and (b) and 15A NCAC 2H
.0909.
5. Industrial User Pretreatment Permits (IUP) & Allocation Tables
In accordance with NCGS 143-215.1, the Permittee shall issue to all significant industrial users, permits for
operation of pretreatment equipment and discharge to the Permittee's treatment works. These permits
shall contain limitations, sampling protocols, reporting requirements, appropriate standard and special
conditions, and compliance schedules as necessary for the installation of treatment and control
technologies to assure that their wastewater discharge will meet all applicable pretreatment standards and
requirements. The Permittee shall maintain a current Allocation Table (AT) which summarizes the results
of the Headworks Analysis (HWA) and the limits from all Industrial User Pretreatment Permits (IUP).
Permitted IUP loadings for each parameter cannot exceed the treatment capacity of the POTW as
determined by the HWA.
6. Authorization to Construct (A to C)
The Permittee shall ensure that an Authorization to Construct permit (AtC) is issued to all applicable
industrial users for the construction or modification of any pretreatment facility. Prior to the issuance of an
AtC , the proposed pretreatment facility and treatment process must be evaluated for its capacity to comply
with all Industrial User Pretreatment Permit (IUP) limitations.
7. POTW Inspection &Monitoring of their SIUs
The Permittee shall conduct inspection, surveillance, and monitoring activities as described in its Division
approved pretreatment program in order to determine, independent of information supplied by industrial
users, compliance with applicable pretreatment standards. The Permittee must:
a. Inspect all Significant Industrial Users (SIUs) at least once per calendar year, and
b. Sample all Significant Industrial Users (SIUs) at least twice per calendar year for all permit -
limited pollutants, once during the period from January 1 through June 30 and once during the
period from July 1 through December 31, except for organic compounds which shall be sampled
once per calendar year,
8. SIU Self Monitoring and Reporting
The Pennittee shall require all industrial users to comply with the applicable monitoring and reporting
requirements outlined in the Division approved pretreatment program, the industry's pretreatment permit,
or in 15A NCAC 2H .0908.
9. Enforcement Response Plan (ERP)
The Permittee shall enforce and obtain appropriate remedies for violations of all pretreatment standards
promulgated pursuant to section 307(b) and (c) of the Clean Water Act (40 CFR 405 et. seq.), prohibitive
discharge standards as set forth in 40 CFR 403.5 and 15A NCAC 2H .0909, and specific local limitations.
All enforcement actions shall be consistent with the Enforcement Response Plan (ERP) approved by the
Division.
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10. Pretreatment Annual Reports (PAR)
The Permittee shall report to the Division in accordance with 15A NCAC 2H .0908. In lieu of submitting
annual reports, Modified Pretreatment Programs developed under 15A NCAC 2H .0904 (b) may be
required to meet with Division personnel periodically to discuss enforcement of pretreatment requirements
and other pretreatment implementation issues.
For all other active pretreatment programs, the Permittee shall submit two copies of a Pretreatment Annual
Report (PAR) describing its pretreatment activities over the previous twelve months to the Division at the
following address:
NC DENR / DWQ / Pretreatment Unit
1617 Mail Service Center
Raleigh, NC 27699-1617
These reports shall be submitted according to a schedule established by the Director and shall contain the
following:
a.) Narrative
A brief discussion of reasons for, status of, and actions rakpn for all Significant Industrial
Users (SIUs) in Significant Non -Compliance (SNq;
b) Pretreatment Program Summary (PPS)
A pretreatment program summary (PPS) on specific forms approved bythe Division;
c) Significant Non -Compliance Report (SNCR)
The nature of the violations and the actions taken or proposed to correct the violations on
specific forms approved bythe Division;
d) Industrial Data Summary Forms (IDSF)
Monitoring data from samples collected by both the POTW and the Significant Industrial
User (SIU). These analytical results must be reported on Industrial Data Summary Forms
(IDSF) or other specific format approved bythe Division;
e) Other Information
Copies of the POTW's allocation table, new or modified enforcement compliance schedules,
public notice of SIUs in SNC, and any other information, upon request, which in the
opinion of the Director is needed to determine compliance with the pretreatment
implementation requirements of this permit;
11. Public Notice
The Permittee shall publish annually a It of Significant Industrial Users (SIUs) that were in Significant
Non -Compliance (SNC) as defined in the Permittee's Division approved Sewer Use Ordinance with
applicable pretreatment requirements and standards during the previous twelve month period. This list
shall be published within four months of the applicable twelve-month period.
12. Record Keeping
The Permittee shall retain for a minimum of three years records of monitoring activities and results, along
with support information including general records, water quality records, and records of industrial impact
on the POTW.
13. Funding and Financial Report
The Permittee shall maintain adequate funding and staffing levels to accomplish the objectives of its
approved pretreatment program.
14. Modification to Pretreatment Programs
Modifications to the approved pretreatment program including but not limited to local limits modifications,
POTW monitoring of their Significant Industrial Users (SIUs), and Monitoring Plan modifications, shall be
considered a permit modification and shall be governed by 15 NCAC 2H .0114 and 15A NCAC 2H .0907.
Permit NC0020664 Version 3/10/2005

FACT SHEET Amendment Based on Adjudication
NPDES No. NC0020664
Facility Information
Applicant/Facility Name:
Town of Spindale/Spindale WWTP
Applicant Address:
P.O. Box 1869; Spindale, North Carolina 28160
Facility Address:
Ecology Street; Spindale, North Carolina 28160
Permitted Flow
3.0 MGD, 4.5 MGD, 6.0 MGD (phased permit)
Type of Waste:
Domestic (22%) and industrial (78%) with full pretreatment program
Facility/Permit Status:
Class IV/Active; Renewal
County:
Rutherford County
Miscellaneous
Receiving Stream:
Stream Classification:
Catheys Creek
C
Regional Office:
State Grid / USGS Quad:
Asheville (ARO)
F11NW
303(d) Listed?
Yes
Permit Writer:
Toya Fields
Subbasin:
03-08-02
Date:
March 8, 2005
Drainage Area (mi2):
41.6
Summer 7Q10 (cfs)
20
Winter 7Q10 (cfs)
30Q2 (cfs)
Average Flow (cfs):
IWC (%):
26
35
62
19, 26, 32%
asagilr
Lat. 35° 22' 52" N Long. 81° 53' 18" W
The town adjudicated its final permit based on a list of concerns that included both the mercury and
ammonia limits. The following changes were made to the final permit as a result of discussions between
the Town and the Division:
> The mercury limit at 3 MGD has been removed. Quarterly monitoring using method 1631 is still
required as a condition of the town's pretreatment program. This limit was removed based on an
analysis of 20 data samples submitted between September 2003 and June 2004. Based on this
data, there is no reasonable potential for the discharge at 3MGD to cause an exceedance of
mercury water quality standards.
> The upstream monitoring location has been changed from NCSR 1547 to a more accessible
point; NCSR 1510, Hudlow Road.
> Instream monitoring for BOD and NH3 have been removed.
> Part III, Section C (Changes in Discharges of Toxic Substances) of the boilerplate language has
been removed.
Fact Sheet
NPDES NC0020664 Renewal
Page I

FACSIMILE TRANSMITTAL SHEET
TO: FROM:
Sueanna Sumpter Toya Fields, DWQ
David A. Franchina
COMPANY:
DATE:
12/8/2004
FAX NUMBER
[phone]
[phone]
TOTAL NO. OF PAGES INCLUDING COVER
2
PHONE NUMBER
[phone] x551
SENDER'S REFERENCE NUMBER
RE:
Spindale RPA Calculation
YOUR REFERENCE NUMBER
❑ URGENT ❑ FOR REVIEW ❑ PLEASE COMMENT ❑ PLEASE REPLY ❑ PLEASE RECYCLE
NOTES/COMMENTS:
Sueanna and David,
Here is a summary chart of the multiplication factors used during RPA calculations. Obviously
these values are based on an equation; for an explanation of how the method is derived you should refer
to the Technical Support Document for Water Quality Based Toxics Control (USEPA, 1991). It is very
possible that the guidance will refer you to another document entirely devoted to statistical methods
used in the RPA analysis. As I mentioned in our conversation, these methods were not developed by
DWQ.
Use this chart the same as you would use a multiplication table: find the coefficient of variation
along the top and the number of samples along the left-hand side. Spindale's C.V. was 0.4224 (use 0.4
on the chart) and they had 20 samples. This gives us a factor of 1.8.
Similar to a multiplication table, this chart summarizes certain values for the sake of quick
reference. The values are based on an equation. It is possible to have more than 20 samples and it is
possible to have a C.V. greater than 2.0. Spindale's actual, calculated multiplication factor is 1.841 (as
you can see from the RPA sheets we sent you).
Procedural note: If a facility provides us with fewer than 8 samples, EPA guidance recommends
using a C.V. of 0.6. Obviously you can perform equations on any data set, but the concept behind the
policy is that you can have very little practical confidence in a small data set. It would be ridiculous to
perform an RPA on one or two samples. That policy doesn't apply in this case (we have 20 samples),
but David mentioned that the town might want to request a monitoring reduction in the future. I
mention this so you understand some common-sense limitations. We can't make a decision on 5 data
points, nor would it be in your benefit for us to do so. If you request a reduction based on 7 points,
even if the data is very consistent, we can apply a C.V. of 0.6 to yield a multiplication factor of 3.6.

Reasonable Potential Multiplying Factors: 99% Cohfid8nce Level and 99% Probability Basis
Number of
Caeffident of Variation
Samples
0.1
0.2
0.3
0.4
0.5
0.6
0.7
0.8
0.9
1.0
1.1
1.2
1.3
1.4
1.5
1.6 1.7
1.8
1.9
2.0
1
1.6
2.5
3.9
6.0
9.0
13.2
18.9
26.5
36.2
48.3
63.3
81.4
102.8
128.0
157.1 190.3
227.8
269.9 316.7
368.3
2
1.4
2.0
2.9
4.0
5.5
7.4
9.8
12.7
16.1
20.2
24.9
30.3
36.3
43.0
50.4
58.4 67.2
76.6
86.7
97.5
3
1.4
1.9
2.5
3.3
4.4
5.6
7.2
8.9
11.0
13.4
16.0
19.0
22.2
25.7
29.4
33.5 37.7
42.3
47.0
52.0
4
1.3
1.7
2.3
2.9
3.8
4.7
5.9
7.2
8.7
10.3
12.2
14.2
16.3
18.6
21.0
23.6 26.3
29.1
32.1
35.1
5
1.3
1.7
2.1
2.7
3.4
4.2
5.1
6:2
7.3
8.6
10.0
11.5
13.1
14.8
16.6
18.4 20.4
22.4
24.5
26.6
6
1.3
1.6
2.0
2.5
3.1
3.8
4.6
5.5
6.4
7.5
8.6
9.8
11.1
12.4
13.8
15.3 16.8
18.3
19.9
21.5
7
1.3
1.6
2.0
2.4
2.9
3.6
4.2
5.0
5.8
6.7
7.7
8.7
9.7
10.8
12.0
13.1 14.4
15.6
16.9
182
8
1.2
1.5
1.9
2.3
2.8
3.3
3.9
4.6
5.3
6.1
6.9
7.8
8.7
9.6
10.6
11.6 12.6
13.6
14.7
15.8
9
1.2
1.5
1.8
2.2
2.7
3.2
3.7
4.3
5.0
5.7
6.4
7.1
7.9
8.7
9.6
10.4 11.3
12.2
13.1
14.0
10
1.2
1.5
1.8
2.2
2.6
3.0
3.5
4.1
4.7
5.3
5.9
6.6
7.3
8.0
8.8
9.5 10.3
11.0
11.8
12.6
11
1.2
1.5
1.8
2.1
2.5
2.9
3.4
3.9
4.4
5.0
5.6
6.2
6.8
7.4
8.1
8.8 9.4
10.1
10.8
11.5
12
1.2
1.4
1.7
2.0
2.4
2.8
3.2
3.7
4.2
4.7
5.2
5.8
6.4
7.0
7.5
8.1 8.8
9.4
10.0
10.6
13
1.2
1.4
1.7
2.0
2.3
2.7
3.1
3.6
4.0
4.5
5.0
5.5
6.0
6.5
7.1
7.6 8.2
8.7
9.3
9.9
14
1.2
1.4
1.7
2.0
2.3
2.6
3.0
3.4
3.9
4.3
4.8
5.2
5.7
6.2
6.7
7.2 7.7
8.2
8.7
9.2
15
1.2
1.4
1.6
1.9
2.2
2.6
2.9
3.3
3.7
4.1
4.6
5.0
5.4
5.9
6.4
6.8 7.3
7.7
8.2
8.7
16
1.2
1.4
1.6
1.9
2.2
2.5
2.9
3.2
3.6
4.0
4.4
4.8
5.2
5.6
6.1
6.5 6.9
7.3
7.8
82
17
1.2
1.4
1.6
1.9
2.1
2.5
2.8
3.1
3.5.
3.8
4.2
4.6
5.0
5.4
5.8
6.2 6.6
7.0.
7.4
7.8
18
1.2
1.4
•1.6
1.8
2.1
2.4
2.7
3.0
3.4
3.7
4.1
4.4
4.8
5.2
5.6
5.9 6.3
6.7
7.0
7.4
19
1.2
1.4
1.6
1.8
2.1
2.4
2.7
3.0
3.3
3.6
4.0
4.3
4.6
5.0
5.3
5.7 6.0
6.4
6.7
7.1
20
1.2
1.3
1.6
1.8
2.0
2.3
2.6
2.9
3.2
3.5
3.8
4.2
4.5
4.8
5.2
5.5 5.8
6.1
6.5
6.8

Facility Name =
NPDES # =
Qw (MGD) =
7Q10s (cfs)=
IWC (%) =
Town of Spindale
NC0020664
3
20
18.86
FINAL RESULTS
Mercury
Max. Pred Cw
Allowable Cw
52.283
63.613
RESULTS
Std Dev.
Mean
C.V.
Number
of data points
Mull Factor =
Max. Value
Max. Pred Cw
Allowable Cw
6.0807
14.394
0.4224
20
1.841
28.400 ng/L
52.283 ng/L
63.613 ng/L
Parameter =
Standard =
Mercury
12.000
Date n < Actual Data BDL=1/2DL
Jun-04 1 10.9 10.9
2 7.24 7.2
May-04 3 9.11 9.1
4 9.93 9.9
Apr-04 5 11.8 11.8
6 7.18 7.2
Mar-04 7 6.77 6.8
8 13.3 13.3
Feb-04 9 19 19.0
10 18.8 18.8
Jan-04 11 28.4 28.4
12 14.8 14.8
Dec-03 13 26.3 26.3
14 17.4 17.4
Nov-03 15 14.8 14.8
16 18.1 18.1
Oct-03 17 17.8 17.8
18 17.4 17.4
Sep-03 19 8.55 8.6
20 10.3 10.3
ng/L

Facility Name =
NPDES # =
Qw (MGD) =
7Q10s (cfs)=
1WC (%) _
Town of Spindale
NC0020664
4.5
20
25.86
FINAL RESULTS
Mercury
Max. Pred Cw
Allowable Cw
52.283
46.409
RESULTS
Std Dev.
Mean
C.V.
Number
of data points
Mutt Factor =
Max. Value
Max. Pred Cw
Allowable Cw
6.0807
14.394
0.4224
20
1.841
28.400 ng/L
52.283 ng/L
46.409 ng/L
Parameter =
Standard =
Mercury
12.000
Date n < Actual Data BDL=1/2DL
Jun-04 1 10.9 10.9
2 7.24 7.2
May-04 3 9.11 9.1
4 9.93 9.9
Apr-04 5 11.8 11.8
6 7.18 7.2
Mar-04 7 6.77 6.8
8 13.3 13.3
Feb-04 9 19 19.0
10 18.8 18.8
Jan-04 11 28.4 28.4
12 14.8 14.8
Dec-03 13 26.3 26.3
14 17.4 17.4
Nov-03 15 14.8 14.8
16 18.1 18.1
Oct-03 17 17.8 17.8
18 17.4 17.4
Sep-03 19 8.55 8.6
20 10.3 10.3
ng/L

Facility Name =
NPDES # =
Qw (MGD) =
7Q10s (cfs)=
1WC (%) =
Town of Spindale
NC0020664
6
20
31.74
FINAL RESULTS
Mercury
Max. Pred Cw
Allowable Cw
52.283
37.806
RESULTS
Std Dev.
Mean
C.V.
Number
of data points
Mult Factor =
Max. Value
Max. Pred Cw
Allowable Cw
6.0807
14.394
0.4224
20
1.841
28.400 ng/L
52.283 ng/L
37.806 ng/L
Parameter =
Standard =
Mercury
12.000
Date n < Actual Data BDL=1/2DL
Jun-04 1 10.9 10.9
2 7.24 7.2
May-04 3 9.11 9.1
4 9.93 9.9
Apr-04 5 11.8 11.8
6 7.18 7.2
Mar-04 7 6.77 6.8
8 13.3 13.3
Feb-04 9 19 19.0
10 18.8 18.8
Jan-04 11 28.4 28.4
12 14.8 14.8
Dec-03 13 26.3 26.3
14 17.4 17.4
Nov-03 15 14.8 14.8
16 18.1 18.1
Oct-03 17 17.8 17.8
18 17.4 17.4
Sep-03 19 8.55 8.6
20 10.3 10.3
ng/L

Spindale RPA
Subject: Spindale RPA
From: Toya Fields <[e-mail]>
Date: Tue, 16 Nov 2004 14:09:06 -0500
To: Sueanna Sumpter <WOssumpt@mail jus.state.nc.us>
Hi Sueanna,
I'm faxing over three Reasonable Potential Analyses (RPAs) for the town of Spindale.
There is one for each permit tier (3 MGD, 4.5 MGD, and 6 MGD). The data we used
is from the town's monthly DMRs for the period of September 2003 - June 2004.
There are a lot of numbers and abbreviations on these sheets, so first I'll explain what
they mean and then I'll go into our interpretation of the results.
If the town has questions about how an RPA is performed or the defensibility of its
statistical methods, they should refer to the Technical Support Document for Water
Quality Based Toxics Control (USEPA, 1991).
Facility name: Town of Spindale
NPDES # : NC0020664
Qw (MGD): Permitted flow. This is the only value that changes on the three sheets
I've sent you. There is one for each tier.
7Q10s (cfs) : Summer 7Q10 (low flow value) for the receiving water.
IWC (%) : In wastestream concentration. I believe I explained this is a previous email
but essentially this gives a ratio of the facility's flow to that of the receiving stream. If
the 7Q10 were zero, the IWC would be 100% meaning that the facility's flow could
comprise 100% of the stream's total flow. Since Spindale has a three tiered permit,
they have three different IWCs. A RPA was performed at each one. Again, the
facility's flow is the only thing that changes from one scenario to the next, but it in
turn changes the IWC which then changes the outcome of the model.
Parameter: This RPA was performed specifically for mercury
Standard: NC Water quality standard of 12 ng/L
Date: Month the sample was taken (from DMR). These are in reverse chronological
order so that we see the most recent data first. Two samples are listed for each
1 of 4 12/8/2004 10:51 AM

Spindale RPA
_lY
month. This column is only used for recordkeeping purposes.
N: number of data points. Here we used data from 20 samples.
< : If any data had been reported as below the method detection limit, there would
have been a "<" in this column. In this case it wasn't used.
Actual data: reported mercury data from DMR. Units are ng/L.
BDL =1 /2 DL: If any values were reported as "less than" then this column would have
performed a calculation. It wasn't used in this case. For Spindale the values in this
column are equal to the values in the "actual data" column.
FINAL RESULTS: This box just contains a summary/restatement of the findings. It
repeats the same values that are found below it in the RESULTS section. I'll explain it
in the context of that section.
RESULTS
Std Dev: Standard deviation of the reported data set. For information on how this is
calculated you should refer to EPA's technical support document. This value is
exactly the same from tier to tier since its based on actual data.
Mean: Arithmetic mean of the reported data set. For information on how this is
calculated you should refer to EPA's technical support document. This value is
exactly the same from tier to tier since its based on actual data.
C. V.: Coefficient of Variation for the reported data defined as the standard deviation
divided by the mean. This is a measure of how scattered the values in the data set are.
This value is exactly the same from tier to tier since its based on actual data. If all the
samples are essentially the same from month to month (very consistent readings) then
the C.V. is low. If the readings are very scattered (low values one month, very high
values another month) then the C.V. is high.
Number of data points: in this case we looked at 20 samples.
Mult Factor: For information on how this is calculated you should refer to EPA's
technical support document. This value is exactly the same from tier to tier since its
based on actual data. To briefly explain I'll state that its based on the number of
samples and variation (C.V.) within the group. RPAs predict a maximum expected
value based on a set of data points. If all the values in a data set are very close to one
2 of 4 12/8/2004 10:51 AM

Spindale 1-PA
another, you could predict that a future value would also be very close. In that case,
the multiplication factor would be close to 1. If all the values in a set are scattered,
you could predict that some future value would be relatively scattered as well. .
Max value: the maximum reported value within the data set. In this case it is 28.4
ng/L. Spindale reported this reading in late January, 2004. I should take this
opportunity to state that this value is more than twice the NC water quality standard.
That is significant. What that means is that dilution is going to be a factor for
Spindale. If the receiving water were providing little or no dilution, the facility would
be incurring violations. As it stands, they do get the benefit of some dilution.
Max. Pred Cw : This is the multiplication factor times the maximum reported value.
For questions concerning the validity of this number or more information on the
method, you should refer to EPA's technical support document.
Allowable Cw: The allowable concentration is solely based on the water quality
standards and the IWC. This represents the maximum allowable pollutant
concentration that can be discharged before the water quality standard is exceeded.
Interpretation:
The only value that changes from one RPA to the next is the amount of dilution
provided by the receiving stream. The maximum predicted concentration stays the
same from tier to tier. But as the flow from the facility increases, you get less and less
dilution. Less dilution creates a lower allowable mercury concentration. You'll see
that the allowable concentration decreases as the permitted flow increases. If the
maximum predicted concentration is less than the allowable, then we do not give a
limit for that parameter. If the maximum predicted is above the allowable, the facility
will receive a limit.
I hope I've explained this in enough detail that you can understand the gist of what
happens. I think any questions or comments outside this scope really need to be
referred to the EPA documents. If the town wants to challenge the way RPAs are
performed, then we'd have to defend our methodology in court- its not something that
could be negotiated on a case -by -case basis. Obviously if you have questions on
something when I've said "refer to EPA's guidance" then I'll try my best to answer
them. But if the Town has comments on the statistical validity of their maximum
predicted concentration (for example), they need to go there.
Roger mentioned that the attorney would like to see data from other facilities with
high mercury levels (during our meeting we mentioned that only a handful of other
3 of 4 12/8/2004 10:51 AM

Spindale RPA
facilities had levels as high as Spindale). I feel that request is outside the scope of this
negotiation. We mentioned the other facilities at the meeting to provide some
perspective, but that data had no bearing on the development of this permit. If the
facility would like to see that information then they should know that all DMRs are
publicly available in Central Files here in Raleigh.
I'll fax the RPAs now. Feel free to give me a call so that we can over this. It looks
like a lot of information, but its not. The determining factor really ends up being the
amount of dilution, not the data.
Toya
4 of 4 12/8/2004 10:51 AM

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1
State of North Carolina
Department of iustice
ROY COOPER 42 North French Broad Avenue
Attorney General Asheville, NC 28801
-- MEMORANDUM --
TO: David A. Goodrich
DWQ, NPDES Unit, RCO
FAX NO: 919-733-0719
TO: Forrest R. Westall, Supervisor
Regional Water Quality, ARO
FAX NO: 828-299-7043
FROM: Sueanna P. Sumpter
Assistant Attorney General
DATE: July 14, 2004
RE: Town of Spindale v. NC DENR
OAH File No: 04 EHR 0483
Western Office
Phone: [phone]
Fax: [phone]
I am sending to you copies of the Continuation Order entered by the Administrative Law Judge in
the above -referenced contested case. The case has been continued from the 08/02/04 hearing calendar that
was previously scheduled in Asheville, North Carolina. Once a new hearing date is scheduled,
correspondence will be forwarded to all person(s) involved in this case.
The following persons need to be informed of this continuation:
David A. Goodrich, DWQ, RCO
Natalie Sierra, NPDES Unit, RCO
Toya Fields, NPDES Unit, RCO
Forrest R. Westall, Supervisor, WQ, ARO
Roger Edwards, Wastewater Consultant, ARO
Please let me know immediately if any of the persons listed above cannot be available on the date
scheduled. Thank you.
xc: Natalie Sierra, NPDES Unit, RCO
Toya Fields, NPDES Unit, RCO
Roger Edwards, Wastewater Consultant, ARO

FILED
OFF!C
OF
STATE OF NORTH CAROLINA AP IN THE OFFICE OF
hit 34 Ali 904 ADMINISTRATIVE HEARINGS
COUNTY OF RUTHERFORD 04 EHR 0483
TOWN OF SPINDALE,
Petitioner,
v.
THE NORTH CAROLINA
DEPARTMENT OF ENVIRONMENT
AND NATURAL RESOURCES,
Respondent.
ORDER
This matter came on before the undersigned on Respondent's Motion to Extend Time to
Complete Discovery and to Commence Hearing, filed June 28, 2004. Having carefully
considered the Motion, the file, and the applicable law, the undersigned finds as follows:
1. Petitioner's Motion provides good and sufficient reasons for continuance.
2. Petitioner represents that Respondent concurs in the Motion.
ACCORDINGLY, it is Ordered as follows:
1. The hearing of this case is continued off the calendar for August 2, 2004.
2. Counsel for Petitioner shall file either a Withdrawal of Petition or a Status Report
no later than September 15, 2004.
This the 30th day of June 2004.
RECEIVE
JUL 1 4 2004
AG WESTERN OFFICE,

[Fwd: Hg Summary - 1st 6 Months]
Subject: [Fwd: Hg Summary - 1st 6 Months]
From: Tom Belnick <[e-mail]>
Date: Fri, 28 May 2004 14:37:42 -0400
To: "DENR.NPDES.DWQ" <DENR.NPDES.DWQ @ ncmail.net>
fyi...
Original Message
Subject:Hg Summary - 1st 6 Months
Date:Thu, 27 May 2004 09:29:04 -0400
From: Vanessa Manuel <vanessa.manuel @ ncmail.net>
To:Alan Klimek <[e-mail]>, Coleen Sullins
<Coleen. S ullins @ ncmail. net>
CC:dave goodrich <[e-mail]>, Tom Belnick
<[e-mail]>, Dana Folley <[e-mail]>,
Connie Brower <[e-mail]>, Tom Reeder
<[e-mail]>, Boyd Devane <[e-mail]>,
Bob Sledge <[e-mail]>, karen rust
<[e-mail]>, "DENR.ROSUP.DWQ"
<DENR.ROSUP.DWQ @ncmail.net>
Here is a quick summary of my 6 month dmr review of facilities subject to using the
low-level mercury test, EPA method 1631. Surprisingly, the numbers were a lot
lower than expected, given the sensitivity of the new method.
• From Sept. 2003 through Feb. 2004, there were 1368 Hg data points. Of this,
less than 10% were above the current water quality standard for Hg (0.012
ug/L).
• 148 facilities are subject to using the new method when analyzing for Hg. Of
this, 33.1% have a Hg limit. Only 4% of this group experienced results
exceeding our threshold (20% over the permit limit) for compliance
determination.
• Of the facilities with no Hg limit, 10.8% reported results above the water
quality std., 29.7% reported results less than 0.012 ug/L, and 26.4% did not
report any Hg data.
Facilities with no Hg limits showing 4 or more months of data results above 0.012
ug/L:
1 of 2 8/26/2004 9:10 AM

[Fwd: Hg Summary - 1st 6 Months]
•
1. Spindale WWTP, ARO
2. MSD Buncombe County WWTP, ARO
3. Rutherfordton WWTP, ARO
4. United Piece Dye Works/Edenton, WARO
5. Kill Devil Hills Reverse Osmosis WTP, WARO
Facilities with a Hg limit and with 2 or more months above the threshold for
compliance determination:
1. Kenneth Creek WWTP, RRO
2. West Jefferson WWTP, WSRO
This is just a brief summarization of my findings. If you would like more
information, let me know.
2 of 2 8/26/2004 9:10 AM

May 24, 2004
Ms. Toya Fields
NCDENR — DWQ — NPDES Unit
1617 Mail Service Center
Raleigh, NC 27699-1617
RE: NPDES Permit NC0020664
Spindale WWTP
Rutherford County
Dear Ms. Fields:
WRIGHT
Kurt D. Wright & Associates, Inc.
WATER / WASTEWATER ENGINEERING SERVICES
�..ld f.l Ty�.V�'►f •
UM 2 8 2004
Analytical results of fourteen wastewater treatment plant; ; ffluefl samples taken —over a
seven (7) month period between September 18, 2003 and -March 19, 2004 reveal -mercury
levels no greater than 28.40 nanograms per liter (ng/1) with the lowest level at 6.77 ng/1
and the average at 16.55 ng/l. The analyses were conducted according to EPA Test
Method 1631 E. As you know the new effluent limit for mercury established in the
NPDES permit (contested) is 60 ng/1. The analytical data over the last seven months
demonstrates that total mercury in the Town of Spindale's effluent is well below 60 ng/1.
This data confirms the town's position that they do not pose a reasonable potential to
violate the state's water quality criteria for total mercury. The town requests that
NCDENR remove the effluent criteria for mercury in the NPDES permit.
The town continues to desire an informal meeting with you and your supervisors, without
the presence of an attorney, to discuss issues related to the final permit with the goal to
early resolution. We hope to be able to meet with you in this informal setting as soon as
possible.
If you should have any questions regarding the above please do not hesitate to contact
me. Your assistance with the above is greatly appreciated.
Very Truly Yours,
• KURT D. WRIGHT & ASSOICATES, INC.
-4741--
Kurt D. Wright, PE, DE
President
Enclosures
cc (w/enclosures): Tim Barth, Bill Hodge
Solutions for a sustainable environment
163 Heritage Lane Bostic, NC 28018 Phone: [phone] Fax: [phone] Mobile: [phone] [e-mail]

Town of Spindale
North Carolina
Analytical Results
Mercury using TM 1631
Number
Date of
Sample
Mercury
Mercury
(TM 1631)
Proposed NPDES Permit
Limit *
nanograms per
liter (ng/I)
nanograms per liter (ng/1)
1
9/18/2003
8.55
60
2
9/30/2003
10.30
60
3
10/14/2003
17.80
60
4
10/21/2003
17.40
60
5
11/7/2003
14.80
60
6
11/14/2003
18.10
60
7
12/5/2003
26.30
60
8
12/16/2003
17.40
60
9
1/13/2004
28.40
60
10
1/30/2004
14.80
60
11
2/10/2004
19.00
60
12
2/24/2004
18.80
60
13
3/8/2004
6.77
60
14
3/19/2004
13.30
60
Average
—
16.55
60
Max.
—
28.40
60
Min.
—
6.77
60
* For 3.0 MGD Tier

State of North Carolina
Department of justice
ROY COOPER 42 North French Broad Avenue
Attorney General Asheville, NC 28801
-- MEMORANDUM --
TO: David A. Goodrich,
DWQ, NPDES Unit, RCO
FAX NO: [phone]
TO: Forrest R. Westall, Supervisor
Regional Water Quality, ARO
FAX NO: 828-299-7043
FROM: Sueanna P. Sumpter
Assistant Attorney General
DATE: April 26, 2004
RE: Town of Spindale v. NC DENR
OAH File No: 04 EHR 0483
{I [S I n)
i
APR 2 9 2004
Western Office
Phone: [phone]
Fax: [phone]
I am sending to you copies of the Scheduling Order entered by the Administrative Law Judge in the
above -referenced contested case. The case has been set for hearing the week beginning August 2, 2004 in
Asheville, North Carolina.
The following persons may be called to testify at the hearing:
Natalie Sierra, NPDES Unit, RCO
Toya Fields, NPDES Unit, RCO
Roger Edwards, Wastewater Consultant, ARO
Please let me know immediately if any of the persons listed above cannot be available on the date
scheduled.
Thank you.
/vaa
xc: Natalie Sierra, NPDES Unit, RCO
Toya Fields, NPDES Unit, RCO
Roger Edwards, Wastewater Consultant, ARO

•
FILED
OFFICE OF
ADMINISTRATIVE HEARINGS
Mar 25 9 14 AM 2004
STATE OF NORTH CAROLINA
COUNTY OF RUTHERFORD
IN THE OFFICE OF
ADMINISTRATIVE HEARINGS
04 EHR 0483
Town of Spindale
Petitioner,
v.
N. C. Department of Environment and
Natural Resources
Respondent.
SCHEDULING ORDER
The undersigned has established the following Scheduling Order. This Scheduling
Order may be later amended in the discretion of the Administrative Law Judge, based upon
information provided in the parties' Prehearing Statements. The parties will be notified of
any changes by way of an Amended Scheduling Order.
1. The hearing for this contested case will be in Asheville, North Carolina, for the
.week beginning August 02, 2004. At least 15 days prior to the hearing the
Administrative Law Judge will mail to the parties a more specific notice of the
date, time and location of the hearing.
2. Discovery shall be completed on or before July 19, 2004.
IT IS SO ORDERED.
This the 25th day of March, 2004.
Administrative Law Judge

WRIGHT
February 24, 2004
ran W. Klimek, P.E., Director
on of Water Quality
partment of Environment and Natural Resources
1617 Mail Service Center
Raleigh, NC 27699-1617
Re: Issuance of NPDES Permit NC0020664
Spindale WWTP
Rutherford County
Dear Mr. Klimek:
Kurt D. Wright & Associates, Inc.
WATER / WASTEWATER ENGINEERING SERVICES
atrigh
0 2 2004 141DIV. OF WATER
DIRE'CTOR'S QU CIF
I am assisting the Town of Spindale with NPDES permitting issues. The town received
the final permit on February 23, 2004. Please note that the date of receipt is 10 days after
the date of NCDENR's February 13, 2004 letter. The Town has the right to request an
adjudicatory hearing within 30 days following the receipt of the letter. Therefore, the
deadline for requesting the adjudicatory hearing, should the town decide to do so, would
be March 24, 2004.
If this is not in accordance with your understanding, please notify me (or the town) as
soon as possible. Your attention to the above is appreciated.
Very truly yours,
KURT D. WRIGHT & ASSOCIATES, INC.
LV
Kurt Wright, P.E.
President
15! i=..:; 5 2004
cc: Mr. Tim Barth
Mr. Bill Hodge
Ms. Toya Fields
Solutions for a sustainable environment
{�(� 163 Heritage Lane Bostic, NC 28018 Phone: [phone] Fax: [phone] Mobile: [phone] www.kdwright.com
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