Loading...
HomeMy WebLinkAboutNC0086550_NPDES Permit_20040827August 27, 2004 Honorable Nedward Geddy, Mayor Town of Fairmont P.O.Box248 Fairmont, North Carolina 28340 Dear Mr. Geddy: Michael F. Easley; Govemor William G. Ross Jr., Secretary North Carolina Department of Environment and Natural Resources Alan W. Klimek, P.E. Director Division of Water Quality DEN_ "-Fu O 'SEIP r9`cJ10,04 r LDWO Subject: Issuance of NPDES Permit Permit No. NC0086550 Fairmont Regional'WWTP Robeson County 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). If any parts, measurement frequencies or sampling requirements contained in this permit are unacceptable to you, you have the right to an adjudicatory hearing upon written request within thirty (30) days following receipt of this letter. This request must be in the form of a written petition, conforming to Chapter 150B of the North Carolina General Statutes, and filed with the Office of Administrative Hearings (6714 Mail Service Center, Raleigh, North Carolina 27699-6714). Unless such demand is made, this decision shall be final and binding. Please note that this permit is not transferable except after notice to the Division. The Division may require modification or revocation and reissuance of the permit. This permit does not affect the legal requirements to obtain 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 Teresa Rodriguez at telephone number (919) 733- 5083, extension 553. Sincerely, ORIGINAL SIGNED BY Michael E. Templeton Alan W. Klimek, PIE. cc: Central Files tEpetteAlI =Reg onalDfficeLWater u hty.SMion EPA Region 4 Aquatic Toxicology Unit NPDES Unit NorthCarolina Naturally North Carolina Division of Water Quality -1617 Mail Service Center Raleigh, NC 27699-1617 Internet: h2o.enr.state.nc.us 512 N. Salisbury St. Raleigh, NC 27604 Phone (919) 733-7015 FAX (919) 733-2496 An Equal Opportunity/Affirmative Action Employer-50% Recycled/10% Post Consumer Paper Customer Service 1-877-623-6748 Permit No. NC0086550 STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES DIVISION OF WATER QUALITY PERMIT ' TO DISCHARGE WASTEWA 1'_ER UNDER THE NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM In compliance with the provisions of North Carolina General Statute 143-215.1, other lawful standards and regulations promulgated and adopted by the North Carolina Environmental ,Management Commission, and the Federal Water Pollution Control Act, as amended, the Town of Fairmont is hereby authorized to discharge wastewater from a facility located at the Fairmont Regional WWTP S.R. 2312 near the Town of Boardman Robeson County to receiving waters designated'as Lumber River in the Lumber 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 October 1, 2004. This permit and authorization to discharge shall expire at midnight on July 31, 2009. Signed this day August 27, 2004. ORIGINAL SIGNED BY Michael E. Templeton Alan W. Klimek, P.E., Director Division of Water Quality By Authority of the Environmental Management Commission Page 1 Permit No. NC0086550 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. Town of Fairmont is hereby authorized to: 1. Continue to operate an existing 1:75 MGD wastewater treatment facility located on S.R. 2312, Robeson County, and consisting of: • Mechanical Bar Screen • Grit Removal • Influent pump station • Dual aeration basins • Secondary and tertiary clarifiers • Gravity thickener • Aerobic, digesters • Chlorination • Dechlorination • Cascade aerator 2. Discharge from said treatment works, through outfall 001, into the Lumber River, a Class C-Sw water in the Lumber River Basin, at the location specified on the attached map. YL3 G i h/?0I!i JAQM° ! UtE)Ign-i9T .,7-1 l?rrbiVi Page 2 • "' }}3�l i -'�: t 1 .' 4r T ki l $_ I 99;; (( I\y i `1+ `4, ji a41�3n,t 1 ?r 4 N ,r � t_ j'e TA' �,�1 `�h\ml, .: 1 IC,' �.'� "mil\ _ 1 1\_// ':` , t t;' ti I/ 1`,\.IVVV���+++ / y .. "! �• Jl �% .--% a ' \j``.' may::• Jf .. 'S'"i � � j. \ / • f' t, t r /' x \ IfC ... Ile �/• a y �' ` _ i �{ `: .'ttp ,. $ Pgaf f algnc, / i'. �'' ; ` t / 1 . `J I :.. _ 11 I 1 I 1'r 1'I,.h { Ifi A.! 1 171 �f11;$'�13'4 i, • l Y Oi I I I • e\J /\ k'.1'' 1 I y, �7 . p j • ( . _,• \$ p$ •r Ga �` '' ,/ / rcn /� r7 C t / r $I ° r f \t\ `., -.„.. •' ,,'11 a a,} I V 4 t4. 1d �y/. 1 t. ,f:.k I, r1', .f'�' I. }=:# •{ 1 r�, t, t_ yl'x ) t'(Tr}}t'.{3i 4t., 4d 4' 1\4 ib I4 ,r 1 ;:, 1 •{ A1 I� :#,i�, i, I r �.><.. ..A, " ,6;54'g• ,. 7 i:.. •. 14 -4 , t 3 ;'' i x:l# t ' ?' .F1 �i;i 4 '� �. J .' �f./.' } ^f t 1 ... t, j .# - 3`'.x 'l`�i t ry'R1 ...{. ''IC°{ c� #lr.i 4. J J 4 { , .,I E �. � 7 _� , itr �b'� ./' {I� j1.#.` +1tt I� �#ii •; \\ 'til.• 1{,r: iT j. ., I, �V' ,, .� x -�k�, 1 'atla��1 I vyry 't .111ox r. � x,la f 1�° . , &I tz t�•�'f�5 '�� ` "� 1' ^....,E.t 7 ) • i -;yy :4 f. w�1 dlij 1! �!}t 1,(.' i a x1 t ,4 t:,I li„ A tq;ry`r :I t, y + 1 h I t. t l i.; 1t, l x ' /, •, { _ 1 / �l ( �I' 41 i tr j - :, ..�t� f,,;i j; // ;{ f 1' ,. I` i a v �j r �- -r - r� ,, -/� j lr I ',3r .\ 1 a -�-% ` ` t( ....--r iri4-4 - 1x s4 .s y,i.lyitr., "1 �; 4 I Iy,, �; ; `TM ti a'�e1 ,' ' ► ill $ :ll 3 c {/ 3"rl 5' ,, r 1 1. , Y1 fad✓.; 141 t t / f� `/ •� - �4'b0,n E'! \ �; �,\ti+ ,i\ `\ I �� ttl ,\ `�r�' d4',,'+ iLp;tt t{1,t' -t i� 3 }1 bi y( t Ib -�k t�+ z ee',i''' • 1 -0' 1 '. I �� f i� { I �I J:.1 �l) I.,} �I 5719i 1 ,� I 1# Ph i \ /t i'.t � �,.� {'t 1• t i,'` f{ 4 tlt Id 1 it 4l.i { 1 V� 1 Ljf,.f -0, 41 41{{y-t�.�3, i oa {' �4•q { s; 2�r)I U Tt� 4t'/3S/4 t i' I -�` t� i. -3z /"� \ � ., �, s } 1 t.'> � t 4 \I IS , 51J �x i \ ° Outfall 001 � �� te a. ¢1� _ art A. z.�i l t I11 dt/t•�, ?, r 1 .,\ �; r".`:: �. k — ,� �� -\ 6 x (:i. t # ty t' '. d „{ SOU N V..7...5 / , • , ' ' 1 1 I t -'i t It ,- t ylsa j,I N ' ,, t 1 ' t i t f ° a lrs..,,,,,•-''�� t # 4 .;I 1 d i,14' 1, a ./`" ti v —i_a � w rl i I t .,O ,\1 :t i r R ; i r r �i \• _.. ...._. _t •...... .•..._.._... ._, ., �. .-.._.. _.._ ,,p.t ,1 _i,..i�� 4 Iy . l ' Permit No. NC0086550 A. (1.) EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS Beginning on the effective date of this permit and lasting until permit expiration, the Permittee is authorized to discharge treated wastewater from Outfall 001. Such discharges shall be limited and monitored by the Permittee as specified below: PARAMETER EFFLUENT LIMITATIONS MONITORING REQUIREMENTS Monthly. .. Average . Weekly Average: Daily m Maxiinu Measurement Frequency Sample Type - Sample . Location 1, Flow (MGD) 1.75 Continuous Recording I or E BOD5 2 15.0 mg/L 22.5 mg/L 3/Week Composite I, E Total Suspended Solids2 30.0 mg/L 45.0 mg/L 3/Week Composite I, E NH3 as N 4.0 mg/L 12.0 mg/L 3/Week Composite E Dissolved Oxygen Daily average not less than 5.0 mg/L 3/Week Grab E Fecal Coliform (geometric mean) 200/100 ml 400/100 ml 3/Week Grab E Total Residual Chlorine3 28 µg/L 3/Week Grab E Temperature °C Daily Grab E Total Nitrogen4 Monthly Composite E Total Phosphorus Monthly Composite E pH Between 6.0 and 9.0 Standard Units 3/Week Grab E Total Mercury5 Quarterly Grab E Total Zinc Quarterly Composite E Total Copper Quarterly Composite E Chronic Toxicity6 Quarterly Composite E Footnotes: 1. I: Influent. E: Effluent. See condition A. (2) of this permit for instream monitoring requirements. 2. The monthly average BOD5 and Total Suspended Solids concentrations shall not exceed 15% of the respective influent value (85% removal). 3. Effluent monitoring and limitation only apply if chlorine or a chlorine derivative is added to the waste stream during treatment. 4. For a given wastewater sample, TN = TKN + NO3-N + NO2-N, where TN is total nitrogen, TKN is Total Kjeldahl Nitrogen, and NO3-N and NO2-N are nitrate and nitrite nitrogen, respectively. 5. Effluent samples collected for mercury must be analyzed by EPA Method 1631, beginning three months after the permit effective date. The quantitation limit for Mercury shall be 0.0005 µg/L (0.5 ng/l). Levels reported less than 0.0005 µg/L will be considered zero for compliance purposes. 6. Chronic Toxicity (Ceriodaphnia) @ 2.2 %, February; May, August and November, see special condition A. (3.) of this permit. THERE SHALL BE NO DISCHARGE OF FLOATING SOLIDS OR VISIBLE FOAM IN OTHER THAN TRACE AMOUNTS. Page 4 Permit No. NC0086550 A. (2.) INSTREAM MONITORING REQUIREMENTS Instream monitoring is required for the following parameters at the locations specified: EFFLUENT CHARACTERISTICS ample Type Fecal Coliform June -Sept 3/week October -May 1/week Grab U, D Dissolved Oxygen June -Sept 3/week October -May Temperature June -Sept 1/week 3/week Grab U, D October -May Grab U, D Footnotes: 1. Ti - Upstream at US Highway 74 Bridge, D- Downstream approximately 1,000 yards below Outfall 001. A. (3.) CHRONIC TOXICITY PERMIT LIMIT (QRTRLY) The effluent discharge shall at no time exhibit observable inhibition of reproduction or significant mortality to Ceriodaphnia dubia at an effluent concentration of 2.2 %. 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 February, May, August and November. 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: Page 5 Permit No. NC0086550 Attention: NC DENR / DWQ / 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. Should the permittee fail to monitor during a month in which toxicity monitoring is required, monitoring will be required during the following month. Should any test data from this monitoring requirement or tests performed by the North Carolina Division of Water Quality indicate potential impacts to the receiving stream, this permit may be re -opened and modified to include alternate monitoring requirements or limits. NOTE: Failure to achieve test conditions as specified in the cited document, such as minimum control organism survival, minimum control organism reproduction, and appropriate environmental controls, shall constitute an invalid test and will require immediate follow-up testing to be completed no later than the last day of the month following the month of the initial monitoring. A. (4.) MERCURY REOPENER The Division may reopen this permit to require mercury load limitations, mercury minimization plans, and/or source water characterization following completion of the Phase 2 Mercury TMDL for the Lumber and Waccamaw River watersheds. Page 6 Permit No. NC0086550 A. (5.) EFFLUENT POLLUTANT SCAN The permittee shall perform an annual Effluent Pollutant Scan for all parameters listed in the table below (in accordance with 40 CFR Part 136). The annual effluent pollutant scan samples shall represent seasonal (summer, winter, fall, spring) variations over the 5-year permit cycle. Unless otherwise indicated, metals shall be analyzed as "total recoverable." Additionally, the method detection level and the minimum level shall be the most sensitive as provided by the appropriate analytical procedure. Ammonia (as N) Chlorine (total residual, TRC) Trans- 1,2-dichloroethylene 1,1-dichloroethylene Bis (2-chloroethyl) ether Bis (2-chloroisopropyl) ether Dissolved oxygen 1,2-dichloropropane Bis (2-ethylhexyl) phthalate Nitrate/Nitrite 1,3-dichloropropylene. 4-bromophenyl phenyl ether Total Kjeldahl nitrogen Ethylbenzene Butyl benzyl phthalate Oil and grease Methyl bromide 2-chloronaphthalene Total 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-cresol 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- DMR-PPA1 or in a form approved by the Director, within 90 days of sampling. A copy of the report shall be submitted to Central Files to the following address: Division of Water Quality, Water Quality Section, 1617 Mail Service Center, Raleigh, North Carolina 27699-1617. Page 7 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 calendar days between sampling events. 3/Week Samples are collected three times per week on three separate calendar 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 coliform, the geometric mean of such discharges. Arithmetic Mean The summation of the individual values divided by the number of individual values. Bypass The known diversion of waste streams from any portion of a treatment facility including the collection system, which is not a designed, or established or operating mode for the facility. Calendar Day The period from midnight of one day until midnight of the next day. However, for purposes of this permit, any consecutive 24-hour period that reasonably represents the calendar day may be used for sampling. Calendar 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 wastewaterdischarge during the sample period. The Director may designate the most appropriate method (specific number and size of aliquots necessary, the time interval between grab samples, etc.) on a case -by -case basis. Samples may be collected manually or automatically. Composite samples may be obtained by the following methods: (1) Continuous: a single, continuous sample collected over a 24-hour period proportional to the rate of flow. (2) Constant time/variable volume: a series of grab samples collected at equal time intervals over a 24 hour period of discharge and combined proportional to the rate of flow measured at the time of individual sample collection, or (3) Variable time/constant volume:. a series of grab samples of equal volume collected over a 24 hour period with the time intervals between samples determined by a preset number of gallons passing the sampling point. Flow measurement between sample intervals shall be determined by use of a flow recorder and totalizer, and the preset gallon interval between sample collection fixed at no greater than 1/24 of the expected total daily flow at the treatment system, or (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 milliliters. Use of this method requires prior approval by the Director. Version 6/20/2003 NPDES Permit Requirements Page 2 of 16 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) Daily Maximum The highest "daily discharge" during the calendar month. Daily Sampling Parameters requiring daily sampling shall be sampled 5 out of every 7 days per week unless otherwise specified in the permit. 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 any permit 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 = 1. Grab Sample Individual samples of at least 100 ml collected over a period of time not exceeding 15 minutes. Grab samples can be collected manually. Grab samples must be representative of the discharge (or the receiving stream, for instream samples). 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. Version 6/20/2003 NPDES Permit Requirements Page 3 of 16 Monthly Average (concentration limit) The arithmetic mean of all "daily discharges" of a pollutant measured during the calendar month. In the case of fecal coliform, 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 delays 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 limitations and/or monitoring requirements. An upset does not include noncompliance caused by operational error, improperly designed treatment facilities, inadequate treatment facilities, lack of preventive maintenance, or careless or improper operation. Weekly Average (concentration limit) The arithmetic mean of all "daily discharges" of a pollutant measured during the calendar week. In the case of fecal coliform, the geometric mean of such discharges. Section B. General Conditions 1. Duty to Comply The Permittee must comply with all conditions of this permit. Any permit noncompliance constitutes a violation of the 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 CFR 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 CFR 122.41 (a) (2)] c. The Clean Water Act provides that any person who neg/igent/y 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_CFR 122.41 (a) (2)] Version 6/20/2003 NPDES Permit Requirements Page 4 of 16 d. Any person who knowing' violates such sections, or such conditions or limitations is subject to criminal penalties of $5,000 to $50,000 per day of violation, or imprisonment for not more than 3 years, or both. In the case of a second or subsequent conviction for a knowing violation, a person shall be subject to criminal penalties of not more than $100,000 per day of violation, or imprisonment of not more than 6 years, or both. [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 Class 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), "Upsets" (Part II. C. 5) and "Power Failures" (Part II. C. 7), nothing in this permit shall be construed to relieve the Permittee from any responsibilities, liabilities, or penalties for noncompliance pursuant to NCGS 143-215.3, 143-215.6 or Section 309 of the Federal Act, 33 USC 1319. Furthermore, the Permittee is responsible for consequential damages, such as fish kills, even though the responsibility for effective compliance may be temporarily suspended. 4. Oil and Hazardous Substance Liability Nothing in this permit shall be construed to preclude the institution of any legal action or relieve the Permittee from any responsibilities, liabilities, or penalties to which the Permittee is or may be subject to under NCGS 143- 215.75 et seq. or Section 311 of the Federal Act, 33 USG 1321. Furthermore, the Permittee is responsible for consequential damages, such as fish kills, even though the responsibility for effective compliance may be temporarily suspended. 5. Property Rights The issuance of this permit does not convey any property rights in either real or personal property, or any exclusive privileges, nor does it authorize any injury to private property or any invasion of personal rights, nor any infringement of Federal, State or local laws or regulations [40 CFR 122.41 (g)]. 6. • Onshore or Offshore Construction This permit does not authorize or approve the construction of any onshore or offshore physical structures or facilities or the undertaking of any work in any navigable waters. Version 6/20/2003 NPDES Permit Requirements Page 5of16 7. Severability The provisions of this permit are severable. If any provision of this permit, or the application of any provision of this permit to any circumstances, is held invalid, the application of such provision toother circumstances, and the remainder of this permit, shall not be affected thereby [NCGS 150B-23]. 8. Duty to Provide Information The Permittee shall furnish to the Permit Issuing Authority, within a reasonable time, any information which the Permit Issuing Authority may request to determine whether cause exists for modifying, revoking and reissuing, or terminating this permit or to determine compliance with this permit. The Permittee shall also furnish to the Permit Issuing Authority upon request, copies of records required by this permit [40 CFR 122.41 (h)]. 9. Duty to Reapply If the Permittee wishes to continue an activity regulated by this permit after the expiration date of this permit, the Permittee must apply for and obtain a new permit [40 CFR 122.41 (b)]. 10. Expiration of Permit The Permittee is not authorized to discharge after the expiration date. In order to receive automatic authorization to discharge beyond the expiration date, the Permittee shall submit such information, forms, and fees as are required by the agency authorized to issue permits no later than 180 days prior to the expiration date. Any Permittee that has not requested renewal at least 180 days prior to expiration, or any Permittee that does not have a permit after the expiration and has not requested renewal at least 180 days prior to expiration, will subject the Permittee to enforcement procedures as provided in NCGS 143-215.6 and 33 USC 1251 et. seq. 11. Signatory Requirements All applications, reports, or information submitted to the Permit Issuing Authority shall be signed and certified [40 CFR 122.41 (k)]. a. All permit applications shall be signed as follows: (1) For a corporation: by a responsible corporate officer. For the purpose of this Section, a responsible corporate officer means: (a) a president, secretary, treasurer or vice president of the corporation in charge of a principal business function, or any other person who performs similar policy or decision making functions for the corporation, or (b) the manager of one or more manufacturing, production, or operating facilities, provided, the manager is authorized to make management decisions which govern the operation of the regulated facility including having the explicit or implicit duty of making major capital investment recommendations, and initiating and directing other comprehensive measures to assure long term environmental compliance with environmental laws and regulations; the manager can ensure that the necessary systems are established or actions taken to gather complete and accurate information for permit application requirements; and where authority to sign documents has been assigned or delegated to the manager in accordance with corporate procedures . For a partnership or sole proprietorship: by a general partner or the proprietor, respectively; or For a municipality, State, Federal, or other public agency: by either a principal executive officer or ranking elected official [40 CFR 122.22]. (2) (3) 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] Version 6/20/2003 NPDES Permit Requirements Page 6of16 c. Changes to authorization: If an authorzation under paragraph (b) of this section is no longer accurate because a different individual or position has responsibility for the overall operation of the facility, a new authorization satisfying the requirements of paragraph (b) of this section must be submitted to the Director prior to or together with any reports, information, or applications to be signed by an authorized representative [40 CFR 122.22] d. Certification. Any person signing a document under paragraphs a. or b. of this section shall make the following certification [40 CFR 122.22]: "1 certify, under penalty of law, that this document and all attachments were prepared under my direction or supervision in accordance with a system designed to assure that qualified personnel properly gather and evaluate the information submitted. Based on my inquiry of the person or persons who manage the system, or those persons directly responsible for gathering the information, the information submitted is, to the best of my knowledge and belief, true, accurate, and complete. I am aware that there are significant penalties for submitting false information, including the possibility of fines and imprisonment for knowing violations." 12. Permit Actions This permit may be modified, revoked and reissued, or terminated for cause. The filing of a request by the Permittee for a permit modification, revocation and reissuance, or termination, or a notification of planned changes or anticipated noncompliance does not stay any permit condition [40 CFR 122.41 (f)]. 13. Permit Modification, Revocation and Reissuance, or Termination The issuance of this permit does not prohibit the permit issuing authority from reopening and modifying the permit, revoking and reissuing the permit, or terminating the permit as allowed by the laws; rules, and regulations contained in Title 40, Code of Federal Regulations, Parts 122 and 123; Title 15A of the North Carolina Administrative Code, Subchapter 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 2H.0105 (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 Class I facility must: > Visit the facility at least weekly > Comply with all other conditions of 15A NCAC 8G.0204. The ORC of each Class 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 Version 6/20/2003 NPDES Permit Requirements Page 7of16 b. Within 120 calendar days of: > Receiving notification of a change in the classification of the new ORC and back-up ORC ➢ A vacancy in the position of ORC or back-up ORC. 2: Proper Operation and Maintenance The Permittee 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)]. system requiring the designation of a 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 necessaryto halt or reduce the permitted activity in order to maintain compliance with the condition of this permit [40 CFR 122.41 (c)]. 4. Bypassing of Treatment Facilities a. Bypass not exceeding limitations [40 CFR 122.41 (m) (2)] The Permittee may allow any bypass to occur which does not cause effluent limitations to be exceeded, but only if it also is for essential maintenance to assure efficient operation: These bypasses are not subject to the provisions of Paragraphs b. and c. of this section. b. Notice [40 CFR 122.41 (m) (3)] (1) Anticipated bypass. If the Permittee notice, if possible at least ten days anticipated quality and effect of the byp (2) Unanticipated bypass. The Permittee II. E. 6. (24-hour notice). knows in advance of the need for a bypass, it shall submit prior before the date of the bypass; including an evaluation of the ass. shall submit notice of an unanticipated bypass as required in Part c. Prohibition of Bypass (1) Bypass from the treatment facility is prohibited and the Permit Issuing Authority may take enforcement action against a Permittee for bypass, unless: (A) Bypass was unavoidable to prevent loss of life, personal injury or severe property damage; (B) There were no feasible alternatives to the bypass, such as the use of auxiliary treatment facilities, retention of untreated wastes or maintenance during normal periods of equipment downtime. This condition is not satisfied if adequate backup equipment should have been installed in the exercise of reasonable engineering judgment to prevent a bypass which occurred during normal periods of equipment downtime or preventive maintenance; and (C) The Permittee submitted notices as required under Paragraph b. of this section. (2) Bypass from the collection system is prohibited and the Permit Issuing Authority may take enforcement action against a Permittee for a bypass as provided in any current or future system -wide collection system permit associated with the treatment facility. (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 Version. 6/20/2003 NPDES Permit Requirements Page 8of16 noncompliance was caused by upset, and before an action for noncompliance, is final administrative action subject to judicial review. b. Conditions necessary for a demonstration of upset: 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 utilized/disposed of in accordance with NCGS 143-215.1 and•i n 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 by 15A NCAC 2H.0124 — 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 (j)].. 2. Reporting Monitoring results obtained during the previous month(s) shall be summarized for each month and reported on a monthly Discharge Monitoring Report (DMR) Form (MR 1, 1.1, 2, 3) or alternative forms approved by the Director, postmarked no later than the 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 Version 6/20/2003 NPDES Permit Requirements Page 9of16 3. Flow Measurements Appropriate flow measurement devices and methods consistent with accepted scientific practices shall be selected and used to ensure the accuracy and reliability of measurements of the volume of monitored discharges. The devices shall be installed, calibrated and maintained to ensure that the accuracy of the measurements is consistent with the accepted capability of that type of device. Devices selected shall be capable of measuring flows with a maximum deviation of less than 10% from the true discharge rates throughout the range of expected discharge volumes. Flow measurement devices shall be accurately calibrated at a minimum of once per year and maintained to ensure that the accuracy of the measurements is consistent with the accepted capability of that type of device. The Director shall approve the flow measurement device and monitoring location prior to installation. Once -through condenser cooling water flow monitored by pump logs, or pump hour meters as specified in Part I of this permit and based on the manufacturer's pump curves shall not be subject to this requirement. 4. Test Procedures 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 Aix 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 by 40 CFR 503), the Permittee shall retain records of all monitoring information, including. > all calibration and maintenance records > all original strip chart recordings for continuous monitoring instrumentation > copies of all reports required by this permit > copies of all data used to complete the application for this permit These records or copies shall be maintained for a period of at least 3 years from the date of thesample, 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; Version 6/20/2003 NPDES Permit Requirements Page 10 of 16 e. The analytical techniques or methods used; and f. The results of such analyses. 8. Inspection and Entry The Permittee shall allow the Director, or an authorized representative (including an authorized contractor acting • as a representative of the Director), upon the presentation of credentials and other documents as may be required by law, to; a. Enter 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 1. Change in Discharge All discharges authorized herein shall be consistent with the terms and conditions of this permit. The discharge of any pollutant identified in this permit more frequently than or at a level in excess of that authorized shall constitute a violation of the permit. 2. Planned Changes The Permittee shall give notice to the Director as soon as possible of any planned physical alterations or additions to the permitted facility [40 CFR 122.41 (1)]. Notice is required only when: a. The alteration or addition to a permitted facility may meet one of the criteria for new sources at 40 CFR 122.29 (b); or b. The alteration or addition could significantly change the nature or increase the quantity of pollutants discharged. This notification applies to pollutants subject neither to effluent limitations in the permit, nor to notification requirements under 40 CFR 122.42 (a) (1). 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 may be 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. Version 6/20/2003 NPDES Permit Requirements Page 11 of 16 6. Twenty-four Hour Reporting a. The Permittee shall report to the Director or the appropriate Regional Office any noncompliance that potentially threatens public health or the environment. Any information shall be provided orally within 24 hours from the time the Permittee became aware of the circumstances. A written submission shall also be provided within 5 days of the time the Permittee becomes aware of the circumstances. The written submission shall contain a description of the noncompliance, and its cause; the period of noncompliance, including exact dates and times, and if the noncompliance has not been corrected, the anticipated time it is expected to continue; and steps taken or planned to reduce, eliminate, and prevent reoccurrence of the noncompliance [40 CFR 122.41 (1) (6)]. b. The Director may waive the written report on a case -by -case basis for reports under this section if the oral report has been received within 24 hours. c. Occurrences outside normal business hours may also be reported to the Division's Emergency Response personnel at (800) 662-7956, (800) 858-0368 or (919) 733-3300. 7. Other Noncompliance The Permittee shall report all instances of noncompliance not reported under Part II. E. 5 and 6. of this permit at the time monitoring reports are submitted. The reports shall contain the information listed in Part II. E. 6. of this permit [40 CFR 122.41 (1) (7)]. 8. Other Information Where the Permittee becomes aware that it failed to submit any relevant facts in a permit application, or submitted incorrect information in a permit application or in any report to the Director, it shall promptly submit such facts or information [40 CFR 122.41 (1) (8)]. 9. Noncompliance Notification - _ - .. _ The Permittee shall report by telephone to either the central office or the appropriate regional office of the Division as soon as possible, but in no case more than 24 hours or on the next working day following the occurrence or first knowledge of the occurrence of any of the following: a. Any occurrence at the water pollution control facility which results in the discharge of significant amounts of wastes which are abnormal in quantity or characteristic, such as the dumping of the contents of a sludge digester; the known passage of a slug of hazardous substance through the facility; or any other unusual circumstances. b. Any process unit failure, due to known or unknown reasons, that render the facility incapable of adequate wastewater treatment such as mechanical or electrical failures of pumps, aerators, compressors, etc. c. Any failure of a pumping station, sewer line, or treatment facility resulting in a by-pass 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 143-215.1 (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, including monitoring reports or reports of compliance or noncompliance shall, upon conviction, be punished by a fine of Version 6/20/2003 NPDES Permit Requirements Page 12of16 not more than $25,000 per violation, or by imprisonrnent for not more than two years per violation, or by both [40 CFR 122.41]. 12. Annual Performance Reports Permittees who own or operate facilities that collect or treat municipal or domestic waste shall provide an annual report to the Permit Issuing Authority and to the users/customers served by the Permittee (NCGS 143-215.1C). The report shall summarize the performance of the collection or treatment system, as well as the extent to which the facility was compliant with applicable Federal or State laws, regulations and rules pertaining to water quality. The report shall be provided no later than sixty days after the end of the calendar or fiscal year, depending upon which annual period is used for evaluation. 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) utilised 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. Changes in Discharges of Toxic Substances The Permittee shall notify the Permit Issuing Authority as soon as it knows or has reason to believe (40 CFR 122.42): a. That any activity has occurred or will occur which would result in the discharge, on a routine or frequent basis, of any toxic pollutant which is not limited in the permit, if that discharge will exceed the highest of the following "notification levels"; (1) One hundred micrograms per liter (100 µg/L); (2) Two hundred micrograms per liter (200 µg/L) for acrolein and acrylonitrile; five hundred micrograms per liter (500 µg/L) for 2.4-dinitrophenol and for 2-methyl-4.6-dinitrophenol; and one milligram per liter (1 mg/L) for antimony; (3) Five times the maximum concentration value reported for that pollutant in the permit application. • b. That any activity has occurred or will occur which would result in any discharge, on a non -routine or infrequent basis, of a toxic pollutant which is not limited in the permit, if that discharge will exceed the highest of the following "notification levels"; (1) Five hundred micrograms per liter (500 µg/L); (2) One milligram per liter (1 mg/L) for antimony; (3) Ten times the maximum concentration value reported for that pollutant in the permit application. Section D. 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 by the Division evaluating these alternatives and a plan of action within 60 days of notification by the Division. Section E. 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 Version 6/20/2003 NPDES Permit Requirements Page 13of16 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 FACILITIES 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 may be present in the Permittee's discharge. At such time as sufficient information becomes available to establish limitations for such pollutants, this permit may be revised to specify effluent limitations for any or all of such other pollutants in accordance with best practicable technology or water quality standards. 2. 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 closed 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 (BOD, 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 Version 6/20/2003 NPDES Pert -nit Requirements Page 14 of 16 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 by the 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 (IWS) 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 (HWA) 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 (i.e., 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. Version 6/20/2003 NPDES Permit Requirements Page 15 of 16 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 Permittee shall require all industrial users to comply with the applicable monitoring and reporting requirements outlined in the Division approved pretreatment program, the industry's pretreatment permit, or in 15A NCAC 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. 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 taken for all Significant Industrial Users (SIUs) in Significant Non -Compliance (SNC); b.) Pretreatment Program Summary (PPS) A pretreatment program summary (PPS) on specific forms approved by the 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 by the Division; d.) Industrial Data Summary Forms (IDSF) Version 6/20/2003 e.) NPDES Permit Requirements Page 16 of 16 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 by the Division; 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 list 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. Version 6/20/2003 avvul.vaauJ' Fairmont Draft NPDES Permit. Teresa: Per our conversation today, I noticed on our in-house tracking system (that Mike Lawyer keeps for the FRO) that there was no log in for the Draft permit for Fairmont. I found the Draft and noted that I had reviewed it on July 30, 2004 indicating NO COMMENT. There was no indication that the Fact Sheet had been sent up to you. . Please accept this as regional comments indicating NO COMMENT. Sorry for the delay. Thanks Paul Rawls 1 of 1 8/25/2004 4:10 PM FLLWATF9 QG r June 23, 2004 Honorable Nedward Geddy, Mayor Town of Fairmont P.O. Box 248 Fairmont, North Carolina 28340 Michael F. Easley, Governor State of North Carolina William G. Ross, Jr., Secretary Department of Environment and Natural Resources Alan W. Klimek, P.E., Director Division of Water Quality DENR F i1O JUN 2 5 2004 DWQ Subject: NPDES Draft Permit Permit No. NC0086550 Fairmont Regional WWTP Robeson County Dear Mayor Geddy: Please find enclosed the DRAFT permit for the subject wastewater treatment plant for your review and comment. Please provide any comments you have regarding the draft permit to this office by July 30, 2004:: -At this -time; the Division'is also publishing a notice in the newspapers of general circulation in Robeson County, inviting public comment on the draft permit. Following the 30-day comment period, we will review all pertinent comments received and take appropriateaction on the permit renewal. The draft permit includes the following proposed changes to your existing permit: • Ammonia Weekly average of 12.0 mg/1 - The Division has been adding weekly average limits for ammonia to permits with monthly averages since December 2002 in order to conform to Federal NPDES regulations. • Quarterly monitoring for Mercury - The effluent samples collected for Mercury shall be analyzed by a low level method (EPA Method 1631) beginning three months after the permit effective date. Currently there are 11 commercial labs certified by the state to perform Method 1631. Your facility has been added to the list of facilities subject to Method 1631 because mercury bioaccumulation in fish tissue in the Lumber River has resulted in fish advisories and impaired water designations, and a Phase 2 Total Maximum Daily Load (TMDL) is currently in progress for the Lumber and Waccamaw watersheds. These TMDLs, scheduled for completion in Winter 2006, will utilize the low level effluent mercury data to -determine current mercury loadings to surface waters, as determine allowable mercury loadings. Attached to this draft permit are copies of letters (dated 8/30/02 and 8/12/03) which were sent to the initial 155 facilities subject to Method 1631. Although some of the information has changed, the letters provide general background on the low level method and clean sampling techniques, as well as follow-up contacts. • Monitoring for Total Zinc and Total Copper - The results of the Effluent Pollutant Scan show three detections of Total Zinc above the states' action level. Quarterly monitoring will generate data on these parameters that will help the Division determine if there is reasonable potential that the discharge will cause an 1617 Mail Service Center, Raleigh, North Carolina 27699-1617 Telephone (919) 733-5083 FAX (919) 733-0719 An Equal Opportunity Affirmative Action Employer Visit us on the INTERNET @ www.enr.state.nc.us Permit No. NC0086550 Fairmont Regional. WWTP Page 2 exceedance of water quality standards and criteria in the . river. Although Copper was detected below the action level concentration monitoring requirements were included to collect data for reasonable potential evaluation. After twelve data points are collected these data can be submitted to the Division with a_ request to -reduce, or eliminate monitoring requirements if the data shows that there is no reasonable potential to exceed water quality standards. • Annual effluent pollutant scan of the effluent - The Division is implementing the annual monitoring requirement for 'all POTW with effluent flows greater than 1.0 MGD or with a pretreatment program to comply with federal regulations for municipal dischargers. - The total set of samples collected during the permit cycle mustrepresent seasonal variations. • Outfall location -.The latitude and longitude were corrected to reflect the actual location of the outfall. if you have any questions concerning the draft permit or the other requirements for your facility, please call me at (919) 733-5083, extension 553. Sincerely, Teresa 'Rodriguez NPDES Unit Cc: NPDES Files EPA Region 4 Aquatic Toxicology Unit (Faye teviller Regional Office Bill Leste:; P:E: - H- Hobbs, Upchurch & Associates P.O. Box 1737 Southern Pines, North Carolina 28388 Permit No. NC0086550 STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES DIVISION OF WATER QUALITY PERMIT TO DISCHARGE WASTEWA 1ER UNDER THE NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM In compliance with the provisions of North Carolina General Statute 143-215.1, other lawful standards and regulations promulgated and adopted by the North Carolina Environmental Management Commission, and the Federal Water Pollution Control Act, as amended, the Town of Fairmont is hereby authorized to discharge wastewater from a facility located at the Fairmont Regional WWTP S.R. 2312 near the Town of Boardman Robeson County to receiving waters designated as Lumber River in the Lumber 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. This permit and authorization to discharge shall expire at midnight on July 31, 2009. Signed this day. DRAFT Alan W. Klimek, P.E., Director Division of Water Quality By Authority of the Environmental Management Commission Page 1 Permit No. NC0086550 SUPPLEMENT TO PERMIT COVER SHEET All previous NPDES Permits issued to this facilio, whether for operation or discharge are hereby revoked. As of this permit issuance, any previously issued permit bearing this number is no longer ffective. Therefore, the exclusive authority to operate and discharge from this facilio arises under the permit conditions, requirements, terms, and provisions included herein. Town of Fairmont is hereby authorized to: 1. Continue to operate an existing 1.75 MGD wastewater treatment facility located on S.R. 2312, Robeson County, and consisting of: • Mechanical Bar Screen • Grit Removal • Influent pump station • Dual aeration basins • Secondary and tertiary clarifiers • Gravity thickener • Aerobic digesters • Chlorination • Dechlorination • Cascade aerator 2. Discharge from said treatment works, through outfall 001, into the Lumber River, a Class C-Sw water in the Lumber River Basin, at the location specified on the attached map. Page 2 Wht Oak, Swamp k\ ± ~ \\-. .f# +rs\' yam. Town of Fairmont StateGrid/Quad: J NW Eves Latitude: 34 26'33"N Longitude: 78°57'37"W Receiving Stream: Lumber River Drainage Basin: Lumber River Basin scam: C-Sw Sub -Basin: 03-07-51 North NP»£R Permit No. NCO086550 Roberson County Permit No. NC0086550 A. (1.) EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS Beginning on the effective date of this permit and lasting until permit expiration, the Permittee is authorized to discharge treated wastewater from Outfall 001. Such discharges shall belimited and monitored by the Permittee as specified below: • EFFLUENT: LIMITATIONS , • Weekly - Average' Measurement • • Frequency• Sample Location 1' • Flow (MGD) 1.75 Continuous Recording IorE BOD5 2 15.0 mg/L 22.5 mg/L 3/Week Composite I, E Total Suspended Solids2 30.0 mg/L 45.0 mg/L 3/Week Composite I, E NH3 as N 4.0 mg/L 12.0 mg/L 3/Week Composite E Dissolved Oxygen Daily average not less than 5.0 mg/L 3/Week Grab Fecal Coliform (geometric mean) 200/100 ml 400/100 ml 3/Week Grab Total Residual Chlorine3 28 µg/L 3/Week Grab Temperature °C Daily Grab Total Nitrogen4 Monthly Composite Total Phosphorus Monthly Composite pH Between 6.0 and 9.0 Standard Units 3/Week Grab Total Mercury3 Quarterly Grab Total Zinc Quarterly Composite Total Copper Quarterly Composite Chronic Toxicity' Quarterly Composite E Footnotes: 1. I: Influent. E: Effluent. See condition A. (2) of this permit for instream monitoring requirements. 2. The monthly average BOD5 and Total Suspended Solids concentrations shall not exceed 15% of the respective influent value (85% removal). 3. Effluent monitoring and limitation only apply if chlorine or a chlorine derivative is added to the waste stream during treatment. 4. For a given wastewater sample, TN = TKN + NO3-N + NO2-N, where TN is total nitrogen, TKN is. Total Kjeldahl Nitrogen, and NO3-N and NO2-N are nitrate and nitrite nitrogen, respectively. 5. Effluent samples collected for mercury must be analyzed by EPA Method 1631, beginning three months after the permit effective date. The quantitation limit for Mercury shall be 0.0005 µg/L (0.5 ng/1). Levels reported less than 0.0005 µg/L will be considered zero for compliance purposes. 6 Chronic Toxicity (Ceriodaphnia) @ 2.2 %, February; May, August and November, see special condition A. (3.) of this permit. THERE SHALL BE NO DISCHARGE OF FLOATING SOLIDS OR VISIBLE FOAM IN OTHER THAN TRACE AMOUNTS. Page 4 Permit No. NC0086550 A. (2.) INSTREAM MONITORING REQUIREMENTS Instream monitoring is required for the following parameters at the locations specified: Fecal Coliform June -Sept 3/week October -May 1/week Grab U, D Dissolved Oxygen June -Sept 3/week October -May 1/week Grab U, D Temperature June -Sept 3/week October -May 1/week Grab U, D Footnotes: 1. U - Upstream at US Highway 74 Bridge, D- Downstream approximately 1,000 yards below Outfall 001. A. (3.) CHRONIC TOXICITY PERMIT LIMIT. (QRTRLY) The effluent discharge shall at no time exhibit observable inhibition of reproduction or significant mortality to Ceriodaphnia dubia at an effluent concentration of 2.2 % o. 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 February, May, August and November. 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: Page 5 Attention: Permit No. NC0086550 NC DENR / DWQ / 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. Should the permittee fail to monitor during a month in which toxicity monitoring is required, monitoring will be required during the following month. . Should any, test data from this monitoring requirement or tests performed by the North Carolina Division of Water Quality indicate potential impacts to the.receiving.stream, this permit may be re -opened and modified to include alternate monitoring requirements or limits. NOTE: Failure to achieve test conditions as specified in the cited document, such as minimum control organism survival, minimum control organism reproduction, and appropriate environmental controls, shall constitute an invalid test and will require immediate follow-up testing to be completed no later than the last day of the month following the month of the initial monitoring. A. (4.) MERCURY REOPENER The Division may reopen this permit to require mercury load limitations, mercury minimization plans, and/or source water characterization following completion of the Phase 2 Mercury TMDL for the Lumber and Waccamaw River watersheds. Page 6 Permit No. NC0086550 A. (5.) EFFLUENT POLLUTANT SCAN The permittee shall perform an annual Effluent Pollutant Scan for all parameters listed in the table below (in accordance with 40 CFR Part 136). The annual effluent pollutant scan samples shall represent seasonal (summer, winter, fall, spring) variations over the 5-year permit cycle. Unless otherwise indicated, metals shall be analyzed as "total recoverable." Additionally, the method detection level and the minimum level shall be the most sensitive as provided by the appropriate analytical procedure. Ammonia (as N) Chlorine (total residual, TRC) Trans-1,2-dichloroethylene 1,1-dichloroethylene Bis (2-chloroethyl) ether Bis (2-chloroisopropyl) ether Dissolved oxygen 1,2-dichloropropane Bis (2-ethylhexyl) phthalate Nitrate/Nitrite 1,3-dichloropropylene 4-bromophenyl phenyl ether Total Kjeldahl nitrogen Ethylbenzene Butyl benzyl phthalate Oil and grease Methyl bromide 2-chloronaphthalene Total 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-cresol 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- DMR-PPA1 or in a form approved by the Director, within 90 days of sampling. A copy of the report shall be submitted to Central Files to the following address: Division of Water Quality, Water Quality Section, 1617 Mail Service Center, Raleigh, North Carolina 27699-1617. Page 7 DENR/DWQ FACT SHEET FOR NPDES PERMIT DEVELOPMENT NPDES No. NC0086550 acility Information Applicant/Facility Name Town of Fairmont / Fairmont Regional WWTP Applicant Address:. P.O. Box 248, Fairmont, NC 28340 Facility Address: S. R. 2312 near Town of Boardman Permitted Flow (MGD):° 1.75 Type. of Waste: 100 % Domestic 'Facility Classification III Permit Status: Renewal County Robeson Miscellaneous: Receiving Stream Lumber River tegional Office: FRO Streain.Classification _: Basin/Subbasin Drainage Area (mi`): C-Sw Yes Yes 03-07-51 1228 mmer, i 10(cfs)`'.; 122 ;;Winter 7Q10 (cfs) 250 30Q2 (cfs) 304 Average Flow (cfs):,_ 1300 IWC (%): 2.2 State Gnd / USGS Permit Writer::_.: ._Dater J23NW / Evergreen Teresa Rodriguez 6/16/04 Lat. 34° 26' 33" N Long. 78° 57' 37" W Summary: The Town of Fairmont submitted a permit application on January 30, 2004. This is a recently built facility that started service in 2002. The facility has a capacity of 1.75 MGD and consists of a mechanical bar screen, grit chamber, influent pump station, dual aeration basins, secondary and tertiary clarifiers, gravity thickener, aerobic digesters, chlorination, dechlorination and cascade aerator. They received sanitary wastewater from Orrum Middle School and have plans to tie in several schools and smaller municipalities in the area. Pre -Treatment: The Town does not have a pretreatment program. Before any industrial flow is accepted the Town shall developed and implement a pretreatment program. Receiving Stream: The Lumber River is listed as impaired for mercury. A Phase I TMDL was approved by EPA in October 2001. NPDES facilities will collect mercury data to assist in the Phase II mercury TMDL development. The Lumber River is classified as excellent for benthic microinvertebrates upstream of the discharge. The River will be monitored for mercury fish tissue concentrations as part of the Phase I TMDL. DMR Review: The facility commenced the discharge in June 2002. Data was reviewed for the period of June 2002 to April 2004. Average flow was 0.501 MGD, BOD averaged 3 mg/1 and TSS averaged 4.5 mg/1. The facility has met all effluent limitations thus far. Effluent Toxicity: The permit requires quarterly Chronic Toxicity Testing (Ceriodaphnia) at an effluent concentration of 2.2 %. They have passed all the toxicity tests since June 2002. Fact Sheet NPDES NC0086550 Renewal Priority Pollutant Scan: Results of three PPAs were submitted with the application for renewal. The tests were conducted on three consecutive days in January 2004. The following parameters were detected: Total Phenolics (20.76 µg/1), Chloroform (8.07 µg/1), Copper (5 µg/1), and Cyanide (7 µg/1). The Division has established an acceptable detection level for cyanide of 10 µg/1, samples with detections below 10 µg/1 are considered as < 10µg/1. Zinc was detected above the action level standard of 50 µg/1 (145 µg/1, 137 µg/1 & 155 µg/1). Copper was detected just below the action level standard of 7 µg/1. Monitoring for Total Zinc and Total Copper will be included in the permit. SUMMARY OF PROPOSED CHANGES Permit Condition Proposed Changes Comments Ammonia Weekly Average limit of 12 mg/1 40 CFR 122 Federal requirements and Division Policy require weekly limits for ammonia. Mercury Quarterly monitoring Mercury Permitting Strategy for the Lumber River Basin. Zinc Quarterly monitoring Zinc was detected in the PPA in amounts greater than the action level standard. Copper Quarterly monitoring Monitoring is included to collect data to evaluate reasonable potential. Conductivity Eliminate effluent and instream monitoring Facilities discharging only domestic wastewater do not need to monitor for conductivity. Effluent Pollutant Analysis Yearly testing This condition is been added to all municipal facilities above 1 MGD to collect data necessary for permit renewal. Outfall location Corrected latitude and longitude Latitude and longitude were changed to reflect the actual location of the discharge. PROPOSED SCHEDULE FOR PERMIT ISSUANCE Draft Permit to Public Notice: Permit Scheduled to Issue: June 23, 2004 August 16, 2004 Fact Sheet NPDES NC0086550 Renewal NPDES DIVISION CONTACT If you have questions regarding any of the above information or on the attached permit, please contact Teresa Rodriguez at (919) 733-5083 ext. 553. NAME: j dim REGIONAL OFFICE COMMENTS C/"*"^"'s- NAME: DATE: 042 �' y DATE: 7 30-61 SUPERVISOR: DATE: Fact Sheet NPDES NC0086550 Renewal State of 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 December 11, 2003 Ben Hill Town of Fairmont P O BOX 248 Fairmont, NC 28340 ZrAi NCDENR NORTH CAROLINA DEPARTMENT OF 'ENVIRONMENT AND NATURAL RESOURCES tlEC 3 0 20nn • SUBJECT: Renewal Application Requirements for Permit NC0086550 Fairmont Regional WWTP Dear Permittee: Your NPDES permit for a municipally owned/operated WWTP expires on July 31, 2004. This advance notice is being sent to explain the new requirements for your permit renewal application. You are receiving this advance notice because your facility has a permitted flow at or above .1 MGD, or your WWTP has a pretreatment program. If either of these criteria no longer apply to your facility, contact the- NPDES Unit beforesubmitting a renewal application. Federal (40 CFR 122) and state (15A NCAC 2H.0105(e)) regulations require that permit renewal applications be filed • at least 180 days prior to expiration of the current permit. Your renewal application is due to the Division no later. than February 2, 2004. Failure to apply for renewal by the appropriate deadline may result in a civil penalty • assessment or other.enforcement activity at the discretion of the Director. • The U.S. EPA revised and expanded the application requirements for municipal permits, effective August 1, 2001. EPA forms 1 and 2A are attached to this Notice, and must be used for your permit renewal application. The new application requirements mandate additional effluent testing: 1. Conduct three Priority Pollutant Analyses (PPAs) and submit results with your renewal application. Collect samples for. the PPAs in conjunction with sampling for your current quarterly toxicity test. The new PPA requirements differ from previous versions. Each PPA must include: > Analyses for all total recoverable metals listed in Part D of form 2A. This includes metals that are not normally monitored through your NPDES permit. • Analyses for total phenolic compounds and hardness. > Analyses for all of the volatile organic compounds listed in Part D. > Analyses for all of the acid -extractable compounds listed in Part D. > Analyses for all base -neutral compounds listed in Part D. 2. Conduct four toxicity tests for an organism other than Ceriodaphnia and submit results with your renewal application. The tests should be conducted quarterly,'with samples collected on the same day as your current toxicity test. Call the Aquatic Toxicology Unit at (919) 733-2136 for guidance in conducting the additional tests. These additional analyses must accompany your permit renewal application, or any request for a major permit modification. The Division cannot draft your :permit without the additional data. Any data submitted cannot be over 4'/2 years old, and must account for seasonal variation (samples cannot be collected during the same season each year if collected over multiple years). 1617 Mail Service Center, Raleigh, North Carolina 27699-1617 919 733-5083, extension 511 (fax) 919 733-0719 VISIT us ON THE INTERNET Q http://h2o.enr.state.nc.us/NPDES charles.weaver@ncmail.net Renewal Notice for Permit NC0086550 Robeson County Page 2 If your permit already contains a requirement for an annual effluent pollutant scan, additional scans are not required [provided you have conducted at least 3 scans prior to submitting your application]. If any wastewater discharge will occur after the current permit expires, this NPDES permit must be renewed. Discharge of wastewater without a valid permit would violate Federal and North Carolina law. Unpermitted discharges of wastewater could result in assessment of civil penalties of up to $25,000 per clay. If all wastewater discharge has ceased at your facility and you wish to rescind this permit, contact Vanessa Manuel of the Division's Compliance Enforcement U 't a 919) 733-5083, extension 532. You may also contact the Fayetteville Regional Office at (910) 486-1541 to begin. e rescission process. Use the checklist below to complete your renewal package. The checklist identifies the items you must submit with the permit renewal application. If you have any questions, please contact me. My telephone number, fax number and e-mail address are listed at the bottom of the previous page. Sincerely, 140 Charles H. Weaver, Jr. NPDES Unit cc: Central Files Tayetfeville Regional -Office, -Water Quality Section , NPDES File The following items are REQUIRED for all renewal packages: ❑ A cover letter requesting renewal of the permit and documenting any changes at the facility since issuance of the last permit. Submit one signed original and two copies. ❑ The completed application form (copy attached), signed by the permittee or an Authorized Representative. Submit one signed original and two copies. ❑ If an Authorized Representative (such as a consulting engineer or environmental consultant) prepares the renewal package, written documentation must be provided showing the authority delegated to the Authorized Representative (see Part II.B.11.b of the existing NPDES permit). ❑ A narrative description of the sludge management plan for the facility. Describe how sludge (or other solids) generated during wastewater treatment are handled and disposed. If your facility has no such plan (or the permitted facility does not generate any solids), explain this in writing. Submit one signed original and two copies. This information can be included in the cover letter. Send the completed renewal package to: Mrs. Valery Stephens NC DENR / Water Quality / Point Source Branch 1617 Mail Service Center Raleigh, NC 27699-1617 . ,•--t005 11:51 AM FROM-- -J J Water PoHilton Coxit-oi Sy er. Ds is on Form WPCSOCC NCAC 15At08C D201 PUBLICWA'r General innforna ion: ,t�ermittPe. Ca her/O ficer Name: / oc.a_) a f /5)1in Mailing Address: P. b , Roy- P2 0 City: _FA,‘ wtonfi State: / �. Telephone Number- (52/12_) Signature: 76 C Zip: S;',1 - Date: a.wa®B®asaoomaaaaAconra®paamawo¢mfl7.7BOP.:asGBB9®w.mBBauA Qt9uB214p71QvataOP ","01 Facility Information: Facility: MLA.) iNOn F FA,' e rn4nf l t, l.0471-e ^ ?-•d Permit Number: NC Do seso.S, c. o County: SUBMIT A SEPARATE FORM FOR EACH T-YI'E OF SYSTEM Mark Type of Facility Wastewater Plant )(. , Physical/Chemical .. Collection System Class (1- 4) Spray Irrigation Land Application Subsurface Class N/A NIA N/A' 888vw82882oz. v'e au Da6 Rneova BBBW4RPPC28222 anvna®Bav n1GB 5R 1 n:4 a 9 BR=tz e E B BHcsa J al Operator in Responsible Charge: Print Natne: �' �� n I c- Social Security # : e2.$8 '06 ea Certificate Type and Glade: r9 Certificate • Work Telephone: (%/O) av-og3 3 Sian atu►7 —5'- WO1a8C73Wl9Tu3Rmtl®QCa2Wpo8Gaa7W58GaA®mGDBS=satl983anea8B9®p aaAGB4a¢v69Bfla67nanB71 Back -Up Operator in Responsible Charge: Print Name: S'eA r ; S. F-rem/MJ Social Security # : �� 7 Certificate Type and Grade: '.. 6-14 A Certificate #: -Lt! _ Work Telephone: l J .02 74R-03 signature.. Mail or Fax to: WPCSOCC 1613 Mail Service Center Raleigh, N.C.27699-161S Fax: 919/n34338 ' Nam, ....-T.Y Yt 'JAN 2 4 2005 --r)M, .• arc. and . 019-ew Mir Me, RV- 9/P- gg4 - 707 Revised 1o/2 Back Up Operator in Responsible Charge: Print Name: Ronnie E. Seals Social Security# 244-35-9059 Certificate Type and Grade: Waste Water Grade 2 Certificate # 986208 Work Telephone: 910-628-0064 Signature: 0A).„S, -;. . ........ 31 A- ii Ea ;!37-01ailaSOC - • , , CAC ISA:08(;.02,01 • Gnerainformation: Permitter Owner/Officer Name: _jpt-tii09r/0,174- A71»/4//9"--77/71-7644-vY /11.44 *see' 002 /0 02 Mailing Address: P.° , ReD ,Lfg City: _64tC_IY NA. Telephone Nmnbc, ( 9/0 ) Sigmture: State: NiC" Zap: 821,?Yc-2 Date: SITS1d21211WOM ..... rinAmMUMMNMVUZINlia223712Wwgz=iMBOMMN=MUUVXcA%212MAnwa217==d21 Facility Information: Facility: I ou...)".1 vs Frt permit Number: W noo 7 County: E2.ror.) ! SUBMIT A SEPARATE FORM FOR EACHrn OF SYSTEM ! Mark go Pe of Facility Class (1 - Wastewater Plant Spray Irrigation Physical/Chemical Land Application Collection System j Subsurface . Class N/A NIA N/A ri6=danamuusamauliumummusimpoca4p=mmummumm'Amp.Rmay2m0="1.10012"'" .:.., ci- .,,..,_..a.-t...0ri.pi. ..,ftesic,cy)t sibc..1!C;,.hfrge :.:..,... , .... '•••-;::;•:;'::.i.;:,-::''''''.-.--,-.''''-'' .....,..' .:•:,•-•;- . • Nare'A' - --SecialSocusi ;'.....-'., . 'ti(j-_A:.,:7' s, s.,,.. ,....:,,....,:v,..,,:J.,...,.........:-,„. acb: - cateTY1'...P#49!.. ork Telephone: Social Secnnty • r6.46ate . ,