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HomeMy WebLinkAboutNC0084620_Permit (Modification)_19980522NPDES DOCUMENT SCANNING COVER SHEET NPDES Permit: NC0084620 Unimin Crystal Operation Document Type: Permit Issuance Wasteload Allocation Authorization to Construct (AtC) '� Permit Modification , • yo Complete File - Historical Engineering Alternatives (EAA) Correspondence Owner Name Change Instream Assessment (67b) Speculative Limits Environmental Assessment (EA) Document Date: May 22, 1998 This document is printed on reuse paper - ignore any content on the re'erse wide State of North Carolina Department of Environment and Natural Resources Division of Water Quality James B. Hunt, Jr., Governor Wayne McDevitt, Secretary A. Preston Howard, Jr., P.E., Director May 22, 1998 Mr. Roy Riddle Unimin Corporation — Crystal Operation P.O. Box 588 Spruce Pine, North Carolina 28777 Subject: NPDES Permit Modification Permit NC0084620 Unimin — Crystal Operation Mitchell County Dear Mr. Riddle: The Division received your request to modify the subject permit on July 23, 1997. Your modification request has been reviewed and approved by Division personnel. Accordingly, we are forwarding this permit modification. This modification allows the collection of stormwater from the facility in a constructed holding pond with discharge of stormwater from outfall 002 at the subject facility. Please find enclosed the replacement pages for the relevant sections of the subject permit. Insert these pages and discard the old pages. All other terms and conditions contained in the original permit remain unchanged and in full effect. This permit modification is issued under the requirements of North Carolina General Statutes 143-215.1 and the Memorandum of Agreement between North Carolina and the U. S. Environmental Protection Agency. If any parts, measurement frequencies or sampling requirements contained in this permit modification 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 a written petition conforming to.Chapter 150B of the North Carolina General Statutes, filed with the Office of Administrative Hearings, Post Office Drawer 27447, Raleigh, North Carolina 27611-7447. Unless such demand is made, this decision shall be final and binding. If you have any questions concerning this permit modification, please contact Paul Clark at (919) 733-5083, extension 580. s&rigiai,Signed By David A. Goodrich A. Preston Howard, Jr., P.E. cc. Central Files Asheville Regional Office, Water Quality Section NPDES Unit Compliance Enforcement Unit Aquatic Toxicolo ,' Unit P.O. Box 29535, Raleigh, North Carolina 27626-0535 Telephone (919) 733-5083 FAX (919) 733-0719 An Equal Opportunity Affirmative Action Employer Paul_Clark@h2o.enr.state.nc.us Permit No. NC0084620 STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES DIVISION OF WATER QUALITY PERMIT TO DISCHARGE WASTEWATER UNDER THE NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM In compliance with the provision of North Carolina General Statute 143-215.1, other lawful standards and regulations promulgated and adopted by the North Carolina Environmental Management Commission, and the Federal Water Pollution Control Act, as amended, Unimin Corporation is hereby authorized to discharge wastewater from a facility located at Crystal Operation NCSR 1117, east of NC Highway 226 southeast of Spruce Pine Mitchell County to receiving waters designated as unnamed tributary to Grassy Creek and North Toe River in the French Broad River Basin in accordance with effluent limitations, monitoring requirements, and other conditions set forth in Parts I, II. III. and IV hereof. The permit shall become effective July 1, 1998 This pennit and the authorization to discharge shall expire at midnight on December 31, 2001 Signed this day May 22, 1998 Original Signed "By David A. Goodrich A. Preston I-oward, Jr., P.E., Director Division of Water Quality By Authority of the Environmental Management Commission Permit No. NC0084620 SUPPLEMENT TO PERMIT COVER SHEET Unimin Corporation Crystal Operation Wastewater Treatment Plant is hereby authorized to: 1. Continue to operate a wastewater treatment plant for process wastewater from mineral extraction consisting of mix -reactor tanks, lime and polymer feed systems, thickener, drum filter, pH adjustment, and flow measurement located at NCSR 1117 east of NC 226, southeast of Spruce Pine, Mitchell County (See Part III of this permit), and 2. After receiving an Authorization to Construct from the Division of Water Quality, construct a stormwater retention pond designed to collect stormwater runoff and contain process wastewater (which would only be discharged to the pond in the event of an emergency), and 3. Discharge process wastewater (Outfall 001) and stormwater (Outfall 002) from said treatment works at the locations specified on the attached map into the North Toe River and an unnamed tributary to Grassy Creek, respectively. Both watercourses are Class C Trout waters in the French Broad River Basin. All discharges shall be in accordance with the attached schedules: Part I: Monitoring, Controls and Limitations for Wastewater Discharges Part II: Stormy► ater Monitoring, Controls and Limitations for Wastewater Discharges Part III: Standard Conditions for NPDES Permits Part IV: Annual Administering and Compliance Monitoring Fee Requirements Part V: Limitations Reopener This permit does not relieve the permittee from responsibility for compliance with arty other applicable federal, state or local law, rule, standard, ordinance, order, judgment or decree. ROAD CLASSIFICATION ea;y6 v ,•:AY SE:O'.:o c.. =;,Ha:: ,. L:: E.22 E =MN= LIGH'i•DUTY ROAD. HARD OR IMPROVED SURFACE UNIMPROVED ROAD 001 Latitude 35`53152"J ongitude 82°f3140" 002Latitude 35`53155"J ongitude 82°0314g" Map # Di ONE Sub -basin 04-03-06 Stream Class C-Trout Discharge Class 41 Receiving Stream 001 : North Toe Fiver 002 : UT t o Grassy Creek Design 0 0.3E MGD Permit expires 12/31/01 SCALE 1:24 000 0 0 }-- } 1 MILE I l 7000 FEET 1- 1 0 E -J 1 KILOMETER } CONTOUR INTERVAL 40 FEET Unimin Corporation NC0084620 Mitchell County Crystal Operation Permit No. NC0084620 PART I WASTEWATER MONITORING, CONTROLS AND LIMITATIONS FOR PERMITTED DISCHARGES SECTION A: FINAL LIMITATIONS AND CONTROLS FOR WASTEWATER This permit shall be modified or revoked and reissued to incorporate toxicity limitations and monitoring requirements in the event toxicity testing or other studies conducted on the effluent or receiving waters indicate that detrimental effects may be expected in the receiving stream as a result of this discharge. Part I Page 1 A (1). EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS Permit No. NC0084620 During the period beginning on the effective date of the permit and lasting until expiration, the Permittee is authorized to discharge from outfall(s) serial number 001 - process wastewater from mineral extraction of ore. Such discharges shall be limited and monitored by the Permittee as specified below: EFFLUENT CHARACTERISTICS LIMITS MONITORING REQUIREMENTS Monthly Average Weekly Average Daily Maximum Measurement Frequency Sample Type Sample Location' _ Flow 0.36 MGD Continuous Recording I or E Total Suspended Residue 86.6 lbs/day 173.2 lbs/day Weekly Composite E Total Fluoride 50.0 lbs/day 100.0 Ibs/day Weekly Composite E, U, D _ Settleable Solids _ Daily Grab E Turbidity 2 Weekly Grab E, U, 0 pH 3 Daily Grab E, U, D Chloride 4 _ Quarterly Composite E Chronic Toxicity 5 _ _ Quarterly Composite E Notes: 2 3 4 5 Sample locations: E - Effluent, I - Influent, U - Upstream at Altapass Road, D - Downstream at the foot bridge in the Town of Spruce Pine. Instream samples shall be grab samples and shall be conducted weekly. The discharge shall not. cause the turbidity of the receiving water to exceed 10 NTU. If the turbidity exceeds these levels due to natural background conditions, the discharge level cannot cause any increase in the turbidity of the receiving water. The pH shall not be less than 6.0 standard units nor greater than 10.0 standard units. Chloride shall be monitored quarterly during the same months as toxicity testing. Chronic Toxicity (Ceriodaphnia) P/F at 1.3 %; January, April, July, and October; See Part I, Section C, Number 1. There shall be no discharge of floating solids or visible foam in other than trace amounts. Part I Page 2 Permit No. NC0084620 SECTION B. SCHEDULE OF COMPLIANCE l . The permittee shall comply with Final Effluent Limitations by the effective date of the permit. 2. Permittee shall at all times provide the operation and maintenance necessary to operate the existing facilities at optimum efficiency. SECTION C: SPECIAL CONDITIONS . CHRONIC TOXICITY PASS/FAIL PERMIT LIMIT (QRTRLY) The effluent discharge shall at no time exhibit chronic toxicity using test procedures outlined in the "North Carolina Ceriodaphnia Chronic Effluent Bioassay Procedure," Revised November 1995, or subsequent versions. The effluent concentration at which there may be no observable inhibition of reproduction or significant mortality is 1.3 % (defined as treatment two in the procedure document). The permit holder shall perform quarterly monitoring using this procedure to establish compliance with the permit condition. The tests will be performed during the months of January, April, July, and October. Effluent sampling for this testing shall be performed at the NPDES permitted final effluent discharge below all treatment processes. All toxicity testing results required as part of this permit condition will be entered on the Effluent Discharge Monitoring Form (MR-1) for the month in which it was performed, using the parameter code TGP3B. Additionally, DWQ Form AT-1 (original) is to be sent to the following address: Attention: Environmental Sciences Branch North Carolina Division of Water Quality 4401 Reedy Creek Road Raleigh, North Carolina 27607 Test data shall be complete and accurate and include all supporting chemical/physical measurements performed in association with the toxicity tests, as well as all dose/response data. 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 he submitted to the Environmental Sciences Branch at the address cited above. Should any single quarterly monitoring indicate a failure to meet specified limits, then monthly monitoring will begin immediately until such time that a single test is passed. Upon passing, this monthly test requirement w►ilI revert to quarterly in the months specified above. Should the permittee fail to monitor during a month in which toxicity monitoring is required, then monthly monitoring will begin immediately until such time that a single test is passed. Upon passing, this monthly test requirement will revert to quarterly in the months specified above. 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. Part I Page 3 Permit No. NC0084620 .-7 2, 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 control=, 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. QCL P/F Version 9/96 BIOCIDE CONDITION The permittee shall not use any biocides except those approved in conjunction with the permit application. The permittee shall notify the Director in writing not later than ninety (90) days prior to instituting use of any additional biocide used in cooling systems which may be toxic to aquatic life other than those previously reported to the Division of Water Quality. Such notification shall include completion of Biocide Worksheet Form 101 and a map locating the discharge point and receiving stream. 3. TURBIDITY In the event that violations of the turbidity standard of the North Carolina Water Quality Standards occur as a result of this discharge, this permit shall be modified, or alternately, revoked and reissued to incorporate limitations sufficient to protect the receiving waters. 4. SOLIDS DISPOSAL 5. Solids removed or resulting from the wastewater treatment process shall be contained and disposed of in such a manner as to prevent any contamination of the surface waters of the State. FLUORIDE (WATER QUALITY STANDARD) REOPENER This permit shall be modified, or revoked and reissued to incorporate new fluoride effluent limitations in the event that acute or chronic bioassay testing or other studies results in a change in the North Carolina Water Quality Standard for fluoride. 6. FLUORIDE (PRODUCTION CHANGE) REOPENER This permit may be modified, or revoked and reissued to incorporate new limitations in the event that production changes are requested or should any new fluoride using discharge request to locate on the North Toe River. 7. ADDITION AL• NOTIFICATION AND MONITORING (RELIABILITY) REQUIREMENTS The following measures will be taken in lieu of providing an additional thickener: Unimin Corporation Crystal Operation will notify the Asheville Regional Office, Telephone (704) 251- 6208, prior to taking any wastewater treatment unit out of service, if such action could result in non - retention of inadequately treated effluent or -an out of compliance discharge. Whenever any unit is removed from service, whether for maintenance or due to failure of the unit, the Company shall immediately institute daily monitoring for Total Suspended Solids and Fluorides (in addition to the parameters normally monitored on a daily basis). The Company will cease all wastewater related manufacturing operations until such time as the wastewater treatment unit is operational, whenever the wastewater treatment system can no longer adequately treat or store the wastewater, so as to prevent an out of compliance discharge. Additionally, Unimin Corporation must provide and install an additional 117 GPM effluent pump prior to initiating discharge to the North Toe River. Part I Page 4 Permit No. NC00&4620 PART II STORMWATER MONITORING, CONTROLS AND LIMITATIONS FOR PERMITTED DISCHARGES 5ECT]ON A: FINAL LIMITATIONS AND CONTROLS FOR STORMWA' 'R U]SC ARGES During the period beginning on the effective date of the permit and lasting until expiration, the permittee is authorized to discharge wastewater and stormwater associated with industrial activity. Such discharges shall be controlled, limited and monitored as specified below. 1. Storrnwater Pollution Prevention Plans Tne permittee shall develop a Stormwater Pollution Prevention Plan, herein after referred to as the Plan. Tne Plan shall be considered public information in accordance with Part III, Standard Conditions, Section E.10. of this permit. The Plan shall include, at a minimum, the following items: a. Site Plan: The site plan shall provide a description of the physical facility and the potential pollutant sources which may be expected to contribute to contamination of regulated stormwater discharges. The site plan shall contain the following: (1 ) A general location map (USGS quadrangle map, or appropriately drafted equivalent map), showing the facility's location in relation to transportation routes and surface waters, and the name of the receiving water(s) to which the stormwater outfall(s) discharges. If the discharge is to a municipal separate storm sewer system, the name of the municipality and the ultimate receiving waters, and accurate latitude and longitude of the point(s) of discharge must be shown. A narrative description of storage practices, loading and unloading activities, outdoor process areas, dust or particulate generating or control processes, and waste disposal practices. (3) A site map (or series of maps) drawn to scale with the distance legend indicating location of industrial activities (including storage of materials, disposal areas, process areas, and loading and unloading areas), drainage structures, drainage areas for each outfall and activities occurring in the drainage area, building locations and impervious surfaces, the percentage of each drainage area that is impervious. For each outfall, a narrative description of the potential pollutants which could be expected to be present in the regulated stormwater discharge. (4) A list of significant spills or leaks of pollutants that have occurred at the facility during the 3 previous years and any corrective actions taken to mitigate spill impacts. (5) Certification that the stormwater outfaljs have been evaluated for the presence of non- stormwater discharges. The certification statement will be signed in accordance with the requirements found in Part III, Standard Conditions, Section B.11. b. Stormwater Management Plan: The stormwater management plan shall contain a narrative description of the materials management practices employed which control or minimize the exposure of significant materials to storrnw•ater, including structural and non-structural measures. The stormwater management plan, at a minimum, shall incorporate the following: Part II Page 1 Permit No. NC0084620 (1) A study addressing the technical and economic feasibility of changing the methods of operations and/or storage practices to eliminate or reduce exposure of materials and processes to stormwater. Wherever practicable the permittee should consider covering storage areas, material handling operations, manufacturing or fueling operations to prevent materials exposure to stormwater. In areas where elimination of exposure is not practicable, the stormwater management plan shall document the feasibility of diverting the stormwater runoff away from areas of potential contamination. (2) A schedule to provide secondary containment for bulk storage of liquid materials, storage of Section 313 of Title III of the Superfund Amendments and Reauthorization Act (SARA) water priority chemicals, or storage of hazardous materials to prevent leaks and spills from contaminating stormwater runoff. If the secondary containment devices are connected directly to stormwater conveyance systems, the connection shall be controlled by manually activated valves or other similar devices [which shall be secured with a locking mechanism] and any stormwater that accumulates in the containment area shall be at a minimum visually observed prior to release of the accumulated stormwater. Accumulated stormwater shall be released if found to be uncontaminated. Records documenting the individual making the observation, the description of the accumulated stormwater and the date and time of the release shall be kept for a period orf,five years. (3) A narrative description of Best Management Practices (BMPs) to be considered such as, but not limited to, oil and grease separation, debris control, vegetative filter strips, infiltration and stormwater detention or retention, where necessary. The need for structural BMPs shall be based on the assessment of potential of sources contributing significant quantities of pollutants to stormwater discharges and data collected through monitoring of stormwater discharges. (4) Inspection schedules of stormwater conveyances and controls and measures to be taken to limit or prevent erosion associated with the stormwater systems. c. Spill Prevention and Response Plan: The Spill Prevention and Response Plan shall incorporate a risk assessment of potential pollutant sources based on a materials inventory of the facility. Facility personnel (or team) responsible for implementing the plan shall be identified in the plan. A responsible person shall be on -site at all times during facility operations that have the potential to contaminate stormwater runoff through spills or exposure of materials associated with the facility operations. d. Preventative Maintenance and Good Housekeeping Program: A preventative maintenance program shall be developed. The program shall document schedules of inspections and maintenance activities of stormwater control systems, plant equipment and systems. Inspection of material handling areas and regular cleaning schedules of these areas shall be incorporated into the program. e. Training schedules shall be developed and training provided at a minimum on an annual basis on proper spill response and cleanup procedures and preventative maintenance activities for all personnel involved in any of the facility's operations that have the potential to contaminate stormwater runoff. Facility personnel (or team) responsible for implementing the training shall be identified in the plan. f. The Stormwater Pollution Prevention Plan shall identify a specific position(s) responsible. for the overall coordination, development, implementation, and revision to the Plan. Responsibilities for all components of the Plan shall be documented and position(s) assignments provided. Part Ii Page 2 Permit No. NC0084620 g Flan Amendment: The permittee shall amend the Plan whenever there is a change in design, construction, operation, or maintenance which has a significant effect on the potential for the discharge of pollutants via a point source to surface waters. The Stormwater Pollution Prevention Plan shall be reviewed and updated on an annual basis. The director may notify the permittee when the Plan does not meet one or more of the minimum requirements of the permit. Within 30 days of such notice, the permittee shall submit a time schedule to the Director for modifying the Plan to meet minimum requirements. The permittee shall provide certification in writing (in accordance with Part III, Standard Conditions, Section B.11.) to the Director that the changes have been made. h. Facility Inspections: Inspections of the facility and all stormwater systems shall occur at a minimum on a semiannual schedule, once in the fall (September - November) and once during the spring (April - June). The inspection and any subsequent maintenance activities performed shall be documented, recording date and time of inspection, individual(s) making the inspection and a narrative description of the facility's stormwater control systems, plant equipment and systems. Records of these inspections shall be incorporated into the Stormwater Pollution Prevention Plan. Visual monitoring as required in Part II, Section A.3.b. shall be performed in addition to facility inspections. Implementation: Implementation of the Plan shall include documentation of all monitoring, measurements, inspections, maintenance activities and training provided to employees, including the log of the sampling data. Activities taken to implement BMPs associated with the industrial act;v;ties, including vehicle maintenance activities, must also be recorded. All required documentation shall be kept on -site for a period of five years and made available to the Director or his authorized representative immediately upon request. Minimum Monitoring and Reporting Requirements Minim;:= monitoring and reporting requirements are as follows unless otherwise approved in writing by the Director of the Division of Water Quality: a. If a facility has multiple discharge locations with substantially identical stormwater discharges that are required to be sampled, the permittee may petition the Director for representative outfall status. If it is established that the stormwater discharges are substantially identical and the permittee is granted representative outfall status, then sampling requirements may be performed at a reduced number of outfalls. b. Visual monitoring for color, odor, solids, foam,:outfall staining, visible sheens and dry weather flow shall be performed at all stormv,•ater discharge outfall locations. All visual monitoring shall be documented and records maintained with the Stormwater Pollution Prevention Plan. The initial visual monitoring event shall be performed simultaneously with the first analytical monitoring event and documentation of only this initial visual monitoring event shall be submitted along with the required analytical monitoring submittal. c. For purposes of the stormwater sampling required in this permit, all samples shall be collected from a discharge resulting from a representative storm event (See definitions in Part III, Standard Conditions). Failure to monitor storm events in accordance v% ith the specified frequency.shall constitute a violation of this permit. If the stormwater runoff is controlled by a detention pond, the following sampling requirements shall apply: Part II Page 3 Permit No. NC0084620 (1) If the detention pond detains the runoff generated by one inch of rainfall for 24 hours, visual observations for color, foam, outfall staining, visible sheens and dry weather flow are required, but analytical sampling shall not be required. (2) If the detention pond discharges only in response to a storm event exceeding a 25-year, 24-hour storm (See Part II, Standard Conditions, Section A), the pond shall be considered a non -discharging stormwater control system and not subject to NPDES requirements, unless the discharge causes a violation of water quality standards. d. Samples analyzed in accordance with the terms of this permit shall be submitted on forms approved by the Director no later than January 31 for the previous year in which sampling was required to be performed. e. Analytical results from sampling during the final year of the permit term shall be submitted with the permit renewal application. f. This permit regulates stormwater discharges associated with industrial activity. Non-stormwater discharges which shall be allowed in the stormwater conveyance system are: (1) All other discharges that are authorized by an NPDES permit. (2) Foundation drains, air -conditioner condensate without added chemicals, springs, waterline and fire hydrant, water from footing drains, flows from riparian habits and wetlands, fire -fighting training and fire system testing. (3) Discharges resulting from fire -fighting. If the storm event monitored and reported in accordance with this permit coincides with a non- stormwater discharge, the permittee shall separately monitor and report all parameters as required under the non-stormwater portion of this permit and provide this information with the stormwater discharge monitoring report. Part II Page 4 A. (2). STORMWATI:R M0NI't( KIN(: RFA)1IIimMi:N"rS - FINAI. Permit No. Nt Iil18•1r O (a). Analytical Monitoring. During the period beginning on the effective dale of the permit and lasting curlil expiration, the Permitter is authorized to discharge from otrllall 1111? - stormwatrr from process wastewater areas and adjoining stormwaler collection arras. Process wastewater shall not be discharged from outiall 0112. Stormwater discharges shall he limited and monitored by the Permitter as s1)re itird below: Effluent Characteristics Discharge_Limitations Monitoring_Requirements Measurement Sample "Sample Monthly Average Weekly Average Daily Maximum Frequency IL y Re LocationE Flow Total Rainfall (inches) Event Duration (minutes) • • Total Suspended Residue (mg/i) Annual Grab E Settleable Solids (m1/1) Annual Grab E Turbidity (NTU) Annual Grab E Annual Grab E pH (SU) Fluoride (mg/1) Annual Grab E Annual Chloride (mgli) Grab E • Sample location: fi - effluent For each representative storm event the total precipitation, storm duration and total flow must he monitored. Total flow shall he either; (a) measured continuously, (h) calculated based oh the amount of arca draining to the outran, the atnount of built -upon (impervious) area and the total amount of rainfall (c) estimated by the measurement of flow at 20 minute intervals during the rain event. ?here shall he no discharge of floating solids or visible foam in other than trace amounts. *. Part If Page 5 Permit No. NC0084620 b. Visual Monitoring Visual monitoring requires a qualitative visual inspection of each stormwater outfall, regardless of representative outfall status, for the purpose of evaluating the effectiveness of the Stormwater Pollution Prevention Plan and assessing new sources of stormwater pollution. No analytical tests are required. Visual monitoring of stormwater outfalls does not need to be performed during a representative storm event. Stormwater Discharge Characteristics Frequency) - Monitoring Type2 Monitoring Location3 Color Semi-annual Visual SDO Odor Semi-annual Observation SDO Clarity Semi-annual Visual SDO Floating Solids Semi-annual Visual SDO Suspended Solids Semi-annual Visual SDO Foam Semi-annual Visual SDO Oil Sheen • Semi-annual Visual SDO Other obvious indicators of stormwater pollution Semi-annual Visual SDO 1 Frequency: The first visual monitoring event during the term of the permit must be performed during the initial analytical monitoring event. All subsequent visual monitoring will be performed twice per year, once in the spring and once in the fall. 2 Monitoring Type: Monitoring requires a qualitative observation of each stormwater outfall. No analytical testing or sampling is required. 3 Sample Location: Stormwater Discharge Outfall (SDO). $ECT1ON B: SCHEDULE OF COMPLIANCE 1. The permittee shall comply with stormwater monitoring requirements and controls specified for stormwater discharges in accordance with the following schedule: The Stormwater Pollution Prevention Plan shall be developed and implemented within 12 months of the effective date of this permit and updated thereafter on an annual basis. Secondary containment, as specified in Part III, Section A.19. of this permit, shall be accompli hed within 12 months of the effective date of this permit. The permittee shall at all times provide the operation and maintenance necessary to operate the permitted stormwater controls at optimum efficiency. Part II Page 6 Permit No. NC0084620 PART III STANDARD CONDITIONS FOR NPDES PERMITS SECTION A: DEFINITIONS 1. Act or "the Act" The Federal Water Pollution Control Act, also known as the Clean Water Act, as amended, 33 USC 1251, et. seq. 2. Best Management Practices (BMPs) Schedules of activities, prohibitions of practices, maintenance procedures, and other management practices to prevent or reduce the pollution of waters of the United States. BMPs also include treatment requirements, operation procedures, and practices to control plant site runoff, spillage or leaks, sludge or waste disposal, or drainage from raw material storage. 3. Bulk Storage of Liquid Products Liquid raw materials (excluding water), manufactured products, waste materials or by-products with a single above ground storage container having a capacity of greater than 660 gallons or 1vith multiple above ground storage containers having a total storage capacity of greater than 1,320 gallons. 4. Calculation of Means 5. a Arithmetic Mean: The arithmetic mean of any set of values is the summation of the individual values divided by the number of individual values. b. Geometric Mean: The geometric mean of any set of values is the Nth root of the product of the individual values where N is equal to the number of individual values. The geometric mean is equivalent to the antilog of the arithmetic mean of the logarithms of the individual values. For purposes of calculating the geometric mean, values of zero (0) shall be considered to be one (1). c. Weighted by Flow Value: Weighted by flow value means the summation of each concentration times its respective flow divided by the summation of the respective flows. 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. 6. Coal Pile Runoff The rainfall runoff from or through any coal storage pile. Part III Page 1 Permit No. NC0084620 7. Concentration Measurement a . The "average monthly concentration," other than for fecal coliform bacteria, is the sum of the concentrations of all daily discharges sampled and/or measured during a calendar month on which daily discharges are sampled and measured, divided by the number of daily discharges sampled and/or measured during such month (arithmetic mean of the daily concentration values). The daily concentration value is equal to the concentration of a composite sample or in the case of grab samples is the arithmetic mean (weighted by flow value) of all the samples collected during that calendar day. The average monthly count for fecal coliform bacteria is the geometric mean of the counts for samples collected during a calendar month. This limitation is identified as "Monthly Average" under "Other Limits" in Part I of the permit. b. The "average weekly concentration," other than for fecal coliform bacteria, is the sum of the concentrations of all daily discharges sampled and/or measured during a calendar week (Sunday/Saturday) on which daily discharges are sampled and measured divided by the number of daily discharges sampled and/or measured during such week (arithmetic mean of the daily concentration values). The daily concentration value is equal to the concentration of a composite sample or in the case of grab samples is the arithmetic mean (weighted by flow value) of all the samples collected during that calendar day. The average weekly count for fecal coliform bacteria is the geometric mean of the counts for samples collected during a calendar week. This limitation is identified as "Weekly Average" under "Other Limits" in Part I of the permit. c. The "maximum daily concentration" is the concentration of a pollutant discharge during a calendar day. If only one sample is taken during any calendar day the concentration of pollutant calculated from it is the "Maximum Daily Concentration". It is identified as "Daily Maximum" under "Other Limits" in Part I of the permit. d. The "average annual concentration," other than for fecal coliform bacteria, is the sum of the concentrations of all daily discharges sampled and/or measured during a calendar year on which daily discharges are sampled and measured divided by the number of daily discharges sampled and/or measured during such year (arithmetic mean of the daily concentration values). The daily concentration value is equal to the concentration of a composite sample or in the case of grab samples is the arithmetic mean (weighted by flow value) of all the samples collected during that calendar day . The average yearly count for fecal coliform bacteria is the geometric mean of the counts for samples collected during a calendar year. This limitation is identified as "Annual Average" under "Other Limits" in Part I of the permit. e. The "daily average concentration" (for dissolved oxygen) is the minimum allowable amount of dissolved oxygen required to be available in the effluent prior to discharge averaged over a calendar day. If only one dissolved oxygen sample is taken over a calendar day, the sample is considered to be the "daily average concentration" for the discharge. It is identified as "daily average" in the text of Part I. f. The "quarterly average concentration" is the average of all samples taken over a calendar quarter. It is identified as "Quarterly Average Limitation" in the text of Part I of the permit. A calendar quarter is defined as one of the following distinct periods: January through March, April through June, July through September, and October through December. g• Part III Page 2 Permit No. NC0084620 8. DWO or "the Division" The Division of Water Quality, Department of Environment, Health and Natural Resources. 9. EMC The North Carolina Environmental Management Commission. 10. Hazardous Substance Any substance designated under 40 CFR Part 116 pursuant to Section 311 of the Clean Water Act. 11. Landfill A disposal facility or part of a disposal facility where waste is placed in or on land and which is not a land treatment facility, a surface impoundment, an injection well, a hazardous waste long- term storage facility or a surface storage facility. 12. Mass /Day Measurements a . The "monthly average discharge" is defined as the total mass of all daily discharges sampled and/or measured during a calendar month on which daily discharges are sampled and measured, divided by the number of daily discharges sampled and/or measured during such month. It is therefore, an arithmetic mean found by adding the weights of the pollutant found each day of the month and then dividing this sum by the number of days the tests were reported. The limitation is identified as "Monthly Average" in Part I of the permit. b. The "weekly average discharge" is defined as the total mass of all daily discharges sampled and/or measured during the calendar week (Sunday - Saturday) on which daily discharges are sampled and measured, divided by the number of daily discharges sampled and/or measured during such week. It is, therefore, an arithmetic mean found by adding the weights of pollutants found each day of the week and then dividing this sum by the number of days the tests were reported. This limitation is identified as "Weekly Average" in Part I of the permit. c. The "maximum daily discharge" is the total mass (weight) of a pollutant discharged during a calendar day. If only one sample is taken during any calendar day the weight of pollutant calculated from it is the "maximum daily discharge." This limitation is identified as "Daily Maximum," in Part I of the permit. d. The "average annual discharge" is defined as the total mass of all daily discharges sampled and/or measured during the calendar year on which daily discharges are sampled and measured, divided by the number of daily discharges sampled and/or measured during such year. It is, therefore, an arithmetic mean found by adding the weights of pollutants found each day of the year and then dividing this sum by the number of days the tests were reported. This limitation is defined as "Annual Average" in Part I of the permit. 13. Other Measurements a. Flow, (MGD): The flow limit expressed in this permit is the 24 hours average flow, averaged monthly. It is determined as the arithmetic mean of the total daily flows recorded during the calendar month. Part III Page3 i 1 Permit No. NC0084620 b. An "instantaneous flow measurement" is a measure of flow taken at the time of sampling, when both the sample and flow will be representative of the total discharge. c. A "continuous flow measurement" is a measure of discharge flow from the facility which occurs continually 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. 14. Permit Issuing Authority The Director of the Division of Water Quality. 15. Point Source Discharge Any discernible, confined and discrete conveyance, including but specifically not limited to, any pipe, ditch, channel, tunnel, conduit, well, discrete fissure, container, rolling stock, or concentrated animal feeding operation from which pollutants are or may be discharged to waters of the state. 16. Representative Storm Event A storm event that is preceded by at least 72 hours during which no storm event measuring greater than 0.1 inches has occurred. 17. Runoff Coefficient The fraction of total rainfall that is not infiltrated into or otherwise retained by the soil, concrete, asphalt or other surface upon which it falls that will appear at the conveyance as runoff. 18. Sample Types a. Composite Sample: A composite sample shall consist of: (1) 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 (2) 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 present gallon interval between sample collection fixed at no greater than 1/24 of the expected total daily flow at the treatment system, or • (3) a single, continuous sample collected over a 24 hour period proportional to the rate of flow. In accordance with (1) above, the time interval between influent grab samples shall be no greater than once per hour, and the time interval between effluent grab samples shall be no greater 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 time intervals evenly spaced over the 24 hour period which are equal in number of hours to the detention time of the system in number of days. However, in no case may the time interval between effluent grab samples be greater than six (6) hours nor the number of samples less than four (4) during a 24 hour sampling period. Part III Page 4 Permit No. NC0084620 b. Grab Sample: Grab samples are individual samples collected over a period of time not exceeding 15 minutes; the grab sample can be taken manually. Grab samples must be representative of the discharge or the receiving waters. 19. Secondary Containment Spill containment for the contents of the single largest tank within the containment structure plus sufficient freeboard to allow for the 25-year, 24-hour storm event. 20. Section 313 Water Priority Chemical A chemical or chemical category which: a . Is listed in 40 CFR 372.65 pursuant to Section 313 of Title III of the Superfund Amendments and Reauthorization Act (SARA) of 1986, also titled the Emergency Planning and Community Right -to -Know Act of 1986; b. Is present at or above threshold levels at a facility subject to SARA title III, Section 313 reporting requirements; and c. That meet at least one of the following criteria: (1) Is listed in appendix D of 40 CFR part 122 on either Table II (organic priority pollutants), Table III (certain metals, cyanides, and phenols) or Table IV (certain toxic pollutants and hazardous substances); (2) Is listed as a hazardous substance pursuant to section 311(b)(2)(A) of the CWA at 40 CFR 116.4; or (3) Is a pollutant for which EPA has published acute or chronic water quality criteria. 21. Significant Materials Includes, but is not limited to: raw materials; fuels; materials such as solvents, detergents, and plastic pellets; finished materials such as metallic products; raw materials used in food processing or production; hazardous substances designated under section 101(14) of CERCLA; any chemical the facility is required to report pursuant to section 313 of Title III of SARA; fertilizers; pesticides; and waste products such as ashes, slag and sludge that have the potential to be released with stormwater discharges. 22. Significant Spills Includes, but is not limited to: releases of oil or hazardous substances in excess of reportable quantities under section 311 of the Clean Water Act (Ref: 40 CFR 110.10 and CFR 117.21) or section 102 of CERCLA (Ref: 40 CFR 302.4). 23. Stormwater Runoff The flow of water which results from precipitation and which occurs immediately following rainfall or as a result of snowmelt. Part III Page 5 Permit No. NC0084620 24. Stormwater Associated with Industrial Activity The discharge from any point source which is used for collecting and conveying stormwater and which is directly related to manufacturing, processing or raw material storage areas at an industrial site. The term does not include discharges from facilities or activities excluded from the NPDES program. The following categories of facilities are considered 'to be engaging in "industrial activity": a . Facilities subject to stormwater effluent limitations guidelines, new source performance standards, or toxic pollutant effluent standards under 40 CFR Subchapter N, Parts 400-471 (except facilities which are exempted under (k) of this definition); b. Facilities classified as Standard Industrial Classifications 24 (except 2434), 26 (except 265 and 267), 28, 29, 30, 311, 32, 33, 3441, 373; c. Facilities classified as Standard Industrial Classifications 10 through 14 (mineral industry) including active or inactive mining operations (except for areas of coal mining operations meeting the definition of a reclamation area under 40 CFR 434.11(1)) and oil and gas exploration, production, processing, or treatment operations, or transmission facilities that discharge stormwater contaminated by contact with o1 that has come in contact with, any overburden, raw material, intermediate products, finished products, byproducts or waste products located on the site of such operations; inactive mining operations are mining sites that are not being actively mined, but which have an identifiable owner/operator; d. Hazardous waste treatment, storage, or disposal facilities, including those that are operating under interim status or a permit under Subtitle C of RCRA; e. Landfills, land application sites, and open dumps that receive or have received any industrial wastes (waste that is received from any of the facilities described under this definition) including those that are subject to regulation under Subtitle D of RCRA; f . Facilities involved in the recycling of materials, including metal scrapyards, battery reclaimers, salvage yards and automobile junkyards, including but limited to those classified as Standard Industrial Classification 5015 and 5093; g. Steam electric power generating facilities, including coal handling sites; h . Transportation facilities classified as Standard Industrial Classifications 40, 41, 42, 44, and 45 which have vehicle maintenance shops, equipment cleaning operations, or airport deicing operations. Only those portions of the facility that are either involved in vehicle maintenance (including vehicle rehabilitation, mechanical repairs, paintings, fueling and lubrication), equipment cleaning operations, airport deicing operations, or which are otherwise identified under (a)-(g) or (i)-(k) of this definition are associated with industrial activity; i . Treatment works treating domestic sewage or any other sewage sludge or wastewater treatment device or system, used in the storage treatment, recycling, and reclamation of municipal or domestic sewage, including lands dedicated to the disposal of sewage sludge that are located within the confines of the facility, with a design flow of 1.0 mgd or more, or required to have an approved pretreatment program under 40 CFR part 403. Not included are farm lands, domestic gardens or lands used for sludge management where sludge is beneficially reused and which are not physically located in the confines of the facility, or areas that are in compliance with section 405 of the CWA; Part III Page 6 ' 4 C Permit No. NC0084620 j• Construction activity including clearing, grading and excavation activities except: operations that result in the disturbance of less that five acres of total land area which are not part of a larger common plan of development or sale; k. Facilities under Standard Industrial Classifications 20, 21, 22, 23, 2434, 25, 265, 267, 27, 283, 285, 30, 31 (except 311), 323, 34 (except 3441), 35, 36, 37 (except 373), 38, 39, 4221-25, (and which are not otherwise included within (a)-(j) of this definition). For the categories of industries identified in (a) through (j) of this definition the term includes, but is not limited to, stormwater discharges from industrial plant yards; immediate access roads and rail lines used or traveled by carriers of raw materials, manufactured products, waste material, or by-products used or created by the facility; material handling sites; refuse sites; sites used for the application or disposal of process wastewaters; sites used for the storage and maintenance of material handling equipment; sites used for residual treatment, storage, or disposal; shipping and receiving areas; manufacturing buildings; storage areas (including tank farms) for raw materials, and intermediate and finished products; and areas where industrial activity has taken place in the past and significant materials remain and are exposed to stormwater. For the categories of industries identified in (k), the term includes only stormwater discharges from all areas listed in the previous sentence (except access roads) where material handling equipment or activities, raw material, intermediate products, final products, waste material, by-products, or industrial machinery are exposed to stormwater. Material handling activities include the: storage, loading and unloading, transportation, or conveyance of any raw material, intermediate product, finished product, by-product or waste product. The term excludes areas located on plant lands separated from the plant's industrial activities, such as office buildings and accompanying parking lots as long as the drainage from the excluded areas is not mixed with stormwater drained from the above described areas. Industrial facilities (including industrial facilities that are Federally or municipally owned or operated that meet the description of the facilities listed in (a)-(k)) include those facilities designated under 40 CFR 122.26(a)(1)(v). 25. Ten Year Design Storm The precipitation event of a duration which will produce the maximum peak rate of runoff for the watershed, of interest resulting from a rainfall event of an intensity expected to be equaled or exceeded, on the average, once in ten years. 26. Total Flow • The flow corresponding to the time period over which the sample collection occurs. The total flow calculated based on the size of the area draining to the outfall, the amount of the built -upon (impervious) surfaces within the drainage area, and the total amount of rainfall occurring during the sampling period. 27. Toxic Pollutant Arty pollutant listed as toxic under Section 307(a)(1) of the Clean Water Act. Part III Page 7 Permit No. NC0084620 28. Vehicle Maintenance Activity Vehicle rehabilitation, mechanical repairs, painting, fueling, lubrication, vehicle cleaning operations, or airport deicing operations. 29. Visible Sedimentation Solid particulate matter, both mineral and organic, that has been or is being transported by water, air, gravity, or ice from its site of origin which can be seen with the unaided eye. 30. Waste Pile Any non -containerized accumulation of solid, non -flowing waste that is used for treatment or storage. 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. 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 a permit condition is subject to a civil penalty not to exceed $25,000 per day for each violation. Any person who negligently violates any permit condition is subject to criminal penalties of $2,500 to $25,000 per day of violation, or imprisonment for not more than 1 year, or both. Any person who knowingly violates permit conditions 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. Also, any person who violates a permit condition may be assessed an administrative penalty not to exceed $10,000 per violation with the maximum amount not to exceed $125,000. [Ref: Section 309 of the Federal Act 33 U.S.C. 1319 and 40 CFR 122.41 (a)] c. Under state law, a civil penalty of not more than ten thousand dollars ($10,000) 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. [Ref: North Carolina General Statutes § 143-215.6A] d. Any person may be assessed an administrative penalty by the Administrator for violating section 301, 302, 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. 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. Part III Page 8 Permit No. NC0084620 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. 3. Civil and Criminal Liability Except as provided in permit conditions on "Bypassing" (Part III, C-4) and "Power Failures" (Part III, 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 arty invasion of personal rights, nor any infringement of Federal, State or local laws or regulations. 6. Onshore or Offshore Construction This permit does not authorize or approve the construction of any onshore or offshore physical structures or facilities or the undertaking of any work in any navigable waters. 7. Severability The provisions of this permit are severable, and if any provision of this permit, or the application of any provision of this permit to any circumstances, is held invalid, the application of such provision to other circumstances, and the remainder of this permit, shall not be affected thereby. 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 to be kept by this permit. • 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. Part III Page 9 Permit No. NC0084620 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. 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 employing more than 250 persons or having gross annual sales or expenditures exceeding 25 million (in second quarter 1980 dollars), if authority to sign documents has been assigned or delegated to the manager in accordance with corporate procedures. (2) For a partnership or sole proprietorship: by a general partner or the proprietor, respectively; or (3) For a municipality, State, Federal, or other public agency: by either a principal executive officer or ranking elected official. b. All reports required by the permit and other information requested by the Permit Issuing Authority shall be signed by a person described 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. . c. Certification. Any person signing a document under paragraphs a. or b. of this section shall make the following certification: "I certify, under penalty of law, that this document and all attachments were prepared under my direction or supervision in accordance with a system designed to assure that qualified personnel properly gather and evaluate the information submitted. Based on my inquiry of the person or persons who manage the system, or those persons directly responsible for gathering the information, the information submitted is, to the best of my knowledge and belief, true, accurate, and complete. I am aware that there are significant penalties for submitting false information, including the possibility of fines and imprisonment for knowing violations." Part III Page 10 • Permit No. NC0084620 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. 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 Lode, Subchapter 2H .0100; and North Carolina General Statute 143-215.1 et. al. 14. Previous Permits All previous National Pollutant Discharge Elimination System Permits issued to this facility, whether for operation or discharge, are hereby revoked by issuance of this permit. [The exclusive authority to operate this facility arises under this permit. The authority to operate, the facility under previously issued permits bearing this number is no longer effective. ) The conditions, requirements, terms, and provisions of this permit authorizing discharge under the National Pollutant Discharge Elimination System govern discharges from this facility. SECTION C. OPERATION AND MAINTENANCE OF POLLUTION CONTROLS 1. Certified Operator Pursuant to Chapter 90A-44 of North Carolina General Statutes, and upon classification of the facility by the Certification Commission, the permittee shall employ a certified wastewater treatment plant operator in responsible charge (ORC) of the wastewater treatment facilities. Such operator must hold a certification of the grade equivalent to or greater than the classification assigned to the wastewater treatment facilities by the Certification Commission. The permittee must also employ a certified back-up operator of the appropriate type and any grade to comply with the conditions of Title 15A, Chapter 8A .0202. The ORC of the facility must visit each Class I facility at least weekly and each Class II, III, and IV facility at least daily, excluding weekends and holidays, and must properly manage and document daily operation and maintenance of the facility and must comply with all other conditions of Title 15A, Chapter 8A .0202. Once the facility is classified, the permittee shall submit a letter to the Certification Commission which designates the operator in responsible charge within thirty days after the wastewater treatment facilities are 50% complete. 2. Proper Operation and Maintenance The permittee shall at all times properly operate and maintain all facilities and systems of treatment and control (and related appurtenances) which are installed or used by the permittee to achieve compliance with the conditions of this permit. Proper operation and maintenance also includes adequate laboratory controls and appropriate quality assurance procedures. This provision requires the operation of back-up or auxiliary facilities or similar systems which are installed by a permittee only when the operation is necessary to achieve compliance with the conditions of the permit. Part III Page 11 Permit No. NC0084620 3. Need to Halt or Reduce not a Defense It shall not be a defense for a permittee in an enforcement action that it would have been necessary to halt or reduce the permitted activity in order to maintain compliance with the condition of this permit. 4. Bypassing of Treatment Facilities a . Definitions (1) "Bypass" means 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. (2) "Severe property damage" means 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 does not mean economic loss caused by delays in production. b. Bypass not exceeding limitations. 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 c. and d. of this section. c. Notice (1) Anticipated bypass. If the permittee knows in advance of the need for a bypass, it shall submit prior notice, if possible at least ten days before the date of the bypass; including an evaluation of the anticipated quality and affect of the bypass. (2) Unanticipated bypass. The permittee shall submit notice of an unanticipated bypass as required in Part III, E. 6. of this permit. (24 hour notice). d. Prohibition of Bypass (1) Bypass 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 c. of this section. (2) The Permit Issuing Authority may approve an anticipated bypass, after considering its adverse affects, if the Permit Issuing Authority determines that it will meet the three conditions listed above in Paragraph d. (1) of this section. . Part III Page 12 Permit No. NC0084620 5. r_p5ets a . Definition. "Upset " means an exceptional incident in which there is unintentional and temporary noncompliance with technology based permit effluent limitations because of factors beyond the reasonable control of the permittee. An upset does not include noncompliance to the extent caused by operational error, improperly designed treatment facilities, inadequate treatment facilities, lack of preventive maintenance, or careless or improper operation. b. Effect of an upset. An upset constitutes an affirmative defense to an action brought for noncompliance with such technology based permit effluent limitations if the requirements of paragraph c. of this condition are met. No determination made during administrative review of claims that noncompliance was caused by upset, and before an action for noncompliance, is final administrative action subject to judicial review. c. 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 III, E.6.(b)(B) of this permit. (4) The permittee complied with any remedial measures required under Part III, B. 2. of this permit. d. Burden of proof. In arty enforcement proceeding the permittee seeking to establish the occurrence of an upset has the burden of proof. 6. Removed Substances Solids, sludges, filter backwash, or other pollutants removed in the course of treatment or control of wastewaters shall be utilized/disposed of in accordance with NCGS 143-215.1 and in a manner such as to prevent any pollutant from such materials from entering waters of the State or navigable waters of the United States. 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 Part 503. The permittee shall comply with applicable 40 CFR Part 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. Part Ill Page 13 Permit No. NC0084620 7. Power Failures The permittee is responsible for maintaining adequate safeguards as required by DWQ Regulation, Title 15A, North Carolina Administrative Code, Subchapter 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 which 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. 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 (DWQ No. MR 1,1.1, 2, 3) or alternative forms approved by the Director, DWQ, postmarked no later than the 30th day following the completed reporting period. The first DMR is due on the last day of the month following the issuance of the permit or in the case of a new facility, on the last day of the month following the commencement of discharge. Duplicate signed copies of these, and all other reports required herein, shall be submitted to the following address: Division of Water Quality Water Quality Section ATTENTION: Central Files Post Office Box 29535 Raleigh, North Carolina 27626-0535 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 are 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. Once -through condenser cooling water flow which is monitored by pump logs, or pump hour meters as specified in Part I of this permit and based on the manufacturer's pump curves shall not be subject to this requirement. Part III Page 14 Permit No. NC0084620 4. Test Procedures Test procedures for the analysis of pollutants shall conform to the EMC regulations published pursuant to NCGS 143-215.63 et. seq, the Water and Air Quality Reporting Acts, and to regulations published pursuant to Section 304(g), 33 USC 1314, of the Federal Water Pollution Control Act, as Amended, and Regulation 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. 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 510,000 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. 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 and all original strip chart recordings for continuous monitoring instrumentation, copies of all reports required by this permit, for a period of at least 3 years from the date of the sample, measurement, report or application. This period may be extended by request of the Director at any time. 7. Recording Results For each measurement or sample taken pursuant to -the requirements of this permit, the permittee shall record the following information: a. The date, exact place, and time of sampling or measurements; b. The individual(s) who performed the sampling or measurements; c. The date(s) analyses were performed; d. The individual(s) who performed the analyses; e. The analytical techniques or methods used; and f . The results of such analyses. Part III Page 15 Permit No. NC0084620 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 any records that must be kept under the conditions of this permit; c. Inspect any facilities, equipment (including monitoring and control equipment), practices, or operations regulated or required under this permit; and d. Sample or monitor for the purposes of assuring permit compliance or as otherwise authorized by the Clean Water Act, any substances or parameters at any location. SECTION E. REPORTING REOUIREMENTS 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. Notice is required only when: a . The alteration or addition to a permitted facility may meet one of the criteria for determining whether a facility is a new source in 40 CFR Part 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 which are subject neither to effluent limitations in' the permit, nor to notification requirements under 40 CFR Part 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 in the permitted facility or activity which may result in noncompliance with permit requirements. 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 permittee and incorporate such other requirements as may be necessary under the Clean Water Act. Part III Page 16 Permit No. NC0084620 :. Monitoring Reports Monitoring results shall be reported at the intervals specified elsewhere in this permit. a . Monitoring results must be reported on a Discharge Monitoring Report (DMR) (See Part III. D. 2 of this permit) 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 the permit, using test procedures specified in Part III, D. 4. of this permit or in the case of sludge use or disposal, approved under 40 CFR 503, or as specified in this permit, the results of this monitoring shall be included in the calculation and reporting of the data submitted in the DMR. c. Calculations for all limitations which require averaging of measurements shall utilize an arithmetic mean unless otherwise specified by the Director in the permit. 6. Twenty-four Hour Reporting a . The permittee shall report to the central office or the appropriate regional office any noncompliance which may endanger 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. b. The following shall be included as information which must be reported within 24 hours under this paragraph: (1) Any unanticipated bypass which exceeds any effluent limitation in the permit. (2) Any upset which exceeds any effluent limitation in the permit. (3) Violation of a maximum daily discharge limitation for any of the pollutants listed by the Director in the permit to be reported within 24 hours. c. The Director may waive the written report on a case -by -case basis for reports under paragraph b. above of this condition if the oral report has been received within 24 hours. 7. Other Noncompliance The permittee shall report all instances of noncompliance not reported under Part III. E. 5 and 6. of this permit at the time monitoring reports are submitted. The reports shall contain the information listed in Part III. E. 6. of this permit. 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. Part III Page 17 Permit No. NC0084620 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 in letter form 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 not more than $10,000 per violation, or by imprisonment for not more than two years per violation, or by both. SECTION F. OTHER REOUI<REMENTS 1. Construction No construction of wastewater treatment facilities, additions to the plant's treatment capacity or change(s) to the type(s) of process(es) utilized at the treatment plant shall be begun until Final Plans and Specifications have been submitted to the Division. Construction may not begin until written approval and an Authorization to Construct has been issued by the Division to the permittee. Part III Page 18 Permit No. NC0084620 2. Groundwater Monitoring The permittee shall, upon written notice from the Permit Issuing Authority, conduct groundwater monitoring as may be required to determine the compliance of this facility with the current groundwater standards. 3. Changes in Discharges of Toxic Substances The permittee shall notify the Permit Issuing Authority as soon as it knows or has reason to believe: 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 ug/1); (2) Two hundred micrograms per liter (200 ug/1) for acrolein and acrylonitrile; five hundred micrograms per liter (500 ug/1) for 2.4-dinitrophenol and for 2-methyl-4.6-dinitrophenol; and one milligram per liter (1 mg/1) for antimony; (3) Five (5) times the maximum concentration value reported for that pollutant an 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 ug/1); (2) One milligram per liter (1 mg/1) for antimony; (3) Ten (10) times the maximum concentration value reported for that pollutant in the permit application. PART IV STANDARD CONDITIONS FOR NPDES PERMITS The permittee must pay the annual administering and compliance monitoring fee within 30 (thirty) days after being billed by the Division. Failure to pay the fee in a timely manner in accordance with 1 5A NCAC 2H .0105(b)(4) may cause this Division to initiate action to revoke the permit. Part III Page 19 Permit No. NC0084620 PART V LIMITATIONS REOPENER This permit shall be modified , or revoked and reissued, to comply with any applicable effluent guideline or water quality standard issued or approved under sections 302(b)(2)(c) and (d), 304(b)(2) and 307(a) of the Clean Water Act, if the effluent guideline or water quality standard so issued or approved: a . contains different conditions or is otherwise more stringent than any effluent limitation in the permit; or b. controls and pollutant not limited in the permit. The permit as modified or reissued under this paragraph shall also contain any other requirements in the Act then applicable. Part III Page 20 State of North Carolina Department of Environment, Health and Natural Resources Asheville Regional Office James B. Hunt, Jr., Governor Jonathan B. Howes, Secretary MEMORANDUM ATA �EHNR��" WATER QUALITY SECTION November 14, 1997 TO: Dave Goodrich, Supervisor NPDES Permit Unit FROM: Mike Parker Asheville Regional Office SUBJECT: pIO?'C �n NOV 1 6 159/ f#» POINT SOURCE BRANCH Request For Authorization to Construct Unimin Corporation -Crystal Plant NPDES Permit NC0084620 Mitchell County Unimin Corporation has submitted to the Asheville Regional Office a request for an Authorization to Construct a dual purpose pond to contain stormwater runoff and also act as an emergency pond should they spill any material from the processing plant. This will prevent instances similar to that which happened on August'6, 1996, in which an acidic slurry was discharged to surface waters. See the attached report. I am sending the two original copies of their submittal package to you for processing. Unimin originally, submitted a permit application for this pond in July of 1997, but the pond had no provision to allow wastewater to be pumped back to the treatment plant and discharged through the permitted 001 discharge pipe. We should not require any additional money since they sent in a check for $400.00 at that time. If you have questions please call me at 704/251-6208. Interchange Building, 59 Woodfin Place, Asheville, North Carolina 28801 NI.I4V • Voice 704-251-6208 FAX 704-251-6452 An Equal Opportunity Affirmative Action Employer Reduce Reuse - cle 50% recycled/10% post -consumer paper SOC PRIORITY PROJECT: YES NO X IF YES, SOC NUMBER To: Permits and Engineering Unit Water Quality Section Attention: AUTHORIZATION TO CONSTRUCT NPDES PERMIT REPORT AND RECOMMENDATIONS Date November 14, 1997 COUNTY Mitchell PERMIT NUMBER NC0084620 PART I - GENERAL INFORMATION 1. Facility Name and Current Address: Unimin Corporation -Crystal Plant Post Office Box 588 Spruce Pine, N. C. 28777 2. Changes since previous action on NPDES Permit: None 3. Compare Discharge Point(s) on plans with NPDES Permit application. List of all discharge points: LXI No Change — I I Change New Latitude: 0 1 n Longitude: 0 / II PART II - EVALUATION AND RECOMMENDATIONS Unimin proposes to construct an pond which will be used for two purposes:(1) stormwater control off of the property, and (2) an emergency pond should they have equipment failure and need to drain process or wastewater treatment units. The stormwater will be discharged into an unnamed tributary to Grassy Creek. Should there be a problem with equipment failure or spill, this substance would be diverted to the pond and then pumped back to the wastewater treatment unit for treatment and then discharged through the normal pipe as permitted through NC0084620. It is recommended that an A to C be issued for this project. A copy of the most recent NPDES Staff Report is attached. w44-) d'tLvel p „D, 7"`rJL4. ttenV cl:J of A4 J ( J i✓J /1tvhit. prr 'J Pr pared By/Date AAJ P(bIt-t /0/97 Water Quality Regi nal Supervisor SOC PRIORITY PROJECT: Yes No X IF YES, SOC NUMBER TO: PERMITS AND ENGINEERING UNIT WATER QUALITY SECTION ATTENTION: Susan Wilson DATE: August 14, 1996 NPDES STAFF REPORT AND RECOMIlVIEENDATION COUNTY Mitchell PERMIT NUMBER NC0084620 PART I - GENERAL INFORMATION 1. Facility and Address: 2. Date of Investigation: Unimin Corporation -Crystal Post Office Box 588 Spruce Pine, North Carolina 28777 January 27, 1995 3. Report Prepared By: Michael R. Parker 4. Persons Contacted and Telephone Number: Roy Riddle 0 704/765-4383 5. Directions to Site:From the intersection of North Carolina Highway 226 and North Carolina Secondary Road 1117, travel east on NCSR 1117 approximately 0.55 mile. Turn north onto private gravel road to Unimin Crystal Plant. 6. Discharge Point(s), List for all discharge points: Latitude: 35054'16" Longitude: 82°03'46" Attach a USGS map extract and indicate treatment facility site and discharge point on map. U.S.G.S. Quad No.D1ONE U.S.G.S. Quad Name Spruce Pine, N. C. 7. Site size and expansion area consistent with application? X Yes No If No, explain: 8. Topography (relationship to flood plain included): Facility will not be subject to flooding. Page 1 9. Location of nearest dwelling: Greater thah 500 feet. 10. Receiving stream or affected surface waters: North Toe River a. Classification: C-trout b. River Basin and Subbasin No.: FBR 06 c. Describe receiving stream features and pertinent downstream uses: fishing, wading, canoeing, fish and wildlife propagation, agricultural, industrial water supply. PART II - DESCRIPTION OF DISCHARGE AND TREATMENT WORKS 1. a. Volume of wastewater to be permitted 0.360 MGD (Ultimate Design Capacity) b. What is the current permitted capacity of the Wastewater Treatment facility? 0.173 MGD c. Actual treatment capacity of the current facility (current design capacity. 0.720 MGD d. Date(s) and construction activities allowed by previous Authorizations to Construct issued in the previous two years: January 9, 1995 e. Please provide a description of existing or substantially constructed wastewater treatment facilities: The existing wastewater treatment facilities consist of an equalization tank, lime feed system, chemical additions, sludge thickener, drum filter with vacuum system, sludge conveyer, pH monitoring equipment, flow recorder and totalizer, (4) fiber glass tanks for neutralization and effluent flow equalization, pumps, piping and appurtenacnes. Pumps and piping to The Feldspar Corporation will be left in place in case there is a malfunction at Unimin Corporation's wastewater treatment facility. f. Please provide a description of proposed wastewater treatment facilities: NA g• Possible toxic impacts to surface waters: None h. Pretreatment Program (POTWs only): in development approved should be required not needed anticipated. 2. Residuals handling and utilization/disposal scheme: a. If residuals are being land applied, please specify DEM Permit Number Residuals Contractor Telephone Number b. Residuals stabilization: PSRP PFRP OTHER Page 2 C. Landfill: Residuals removed from this facility will be taken to Unimin's Quartz Operations landfill. d. Other disposal/utilization scheme (Specify): Sludge removed from this facility will be taken to the landfill at Unimin Corporation's Quartz Operations. 3. Treatment plant classification (attach completed rating sheet): Class II. 4. SIC Codes(s) :1499 Primary 41 Secondary Main Treatment Unit Code: 51602 PART III - OTHER PERTINENT INFORMATION 1. Is this facility being constructed with Construction Grant Funds or are any public monies involved. (municipals only)? 2. Special monitoring or limitations (including toxicity) requests: • 3. Important SOC, JOC, or Compliance Schedule dates: (Please indicate) Date Submission of Plans and Specifications Begin Construction Complete Construction 4. Alternative Analysis Evaluation: Has the facility evaluated all of the non -discharge options available. Please provide regional perspective for each option evaluated. Spray Irrigation: Not feasible due to area required. Connection to Regional Sewer System: Mining wastewater is not acceptable. Subsurface: No enough area. Other disposal options: 5. Other Special Items: Page 3 PART IV - EVALUATION AND RECOMMENDATIONS- Unimin Corporation has made application for renewal of NPDES Permit No. NC0084620. The company is asking that the flow be increased from 0.173 MGD to 0.360 MGD with no increase in the pollutant loading. The effluent limits for fluoride and TSS are to remain the same as the existing permit. The company indicates that their normal flow has increased to this amount and the sketch attached to the application indicates that the wastewater treatment capacity is 500 GPM or 0.750 MGD. The APA indicates that chlorides are high in the effluent, measured at 760 mg/1, we may want to include this parameter in the permit; possibly monitoring only at weekly intervals. There are no effluent guidelines for this industry and the effluent limits were developed using productionand process information and the North Carolina Water Quality Standard for fluoride of 1.8 mg/1. It has been determined there is a maximum assimilative capacity of 574 lbs/day of fluoride in the North Toe River at the mouth of Little Bear Creek. The 574 lbs/day of fluoride are divided between four other dischargers, Unimin Corporation -Schoolhouse Quartz Operation, K-T Feldspar Corporation, The Feldspar Corporation and Unimin Corporation - Quartz Operation, all of which have similar industrial processes and wastewater characteristics. Each company discharges or proposes to discharge fluorides to the North Toe River. All of the permits for these companies are interdependent on each other because of the total assimilative capacity of the fluoride is allocated between these five industries and all of the permits should be issued at the same time. It is recommended that the permit be issued. f. Si ature of Report P eparer 1 /I Water, Qual3yty Regional Supervisor Dame Page 4 (Z7 ice ^ 1 80 • 1 4OO 1 v ��403 1000 0 Skaforda Lakc G .• i (LITTLE SWITZERLAND 209-SE) 4555 . SE SCALE 1.24 000 T 0 1000 5 I v5,1.7 MI. TO BLUE RIDGE PARKWAY 6.8 MI. TO U.S. 221 2000 3000 4000 5000 6000 7000 FEET 0 1 KILOMETER er'� Park- 1 MILE .1 •,, • ti 2.3 MI. TO NORTH CAROLINA 226 unimin Quartz Operation P. O. Box 588 Bakersville Hwy. Spruce Pine, NC 28777 (704) 765-4283 Fax: (704) 765-0912 CRYSTAL PLANT SPILL August 6, 1996 At about 12:45 p.m. August 6, 1996, during maintenance activities at the Unimin Crystal Plant, an unintended spill from the sump below the "steady state" tank occurred of partially neutralized acidic slurry. A sump pump pumping sand and water from draining the "steady state" tank was choked off by sand, allowing water to overflow the sump and containment curb. Maintenance personnel on -site immediately closed the "steady state" tank drain valve, cleared the pump, and pumped out the remaining water into the clarifier. Approximately 800 gallons escaped the company property, draining into Grassy Creek at a point about 10 feet below the TFC dam and about 1000 feet before it enters the North Toe River. Sampling of Grassy Creek was conducted, showing slightly more acidic levels than normal for this stream. Seven (7) samples of the Grassy Creek/spill water were and 2:10 p.m. as follows: 2H Grassy Creek 6.2 Grassy Creek 5.9 Grassy Creek 5.6 Grassy Creek 5.7 Grassy Creek 6.0 Grassy Creek 6.3 Grassy Creek 6.5 Grassy Grassy taken between 1:05 p.m. Time 1:05 p.m. 1:10 p.m. 1:20 p.m. 1:30 p.m. 1:40 p.m. 1:45 p.m. 2:10 p.m. Creek - Above dam 4:30 p.m. (Background level) Creek - Below dam 4:45 p.m. (Background level) 6.5 6.5 r• The flow into Grassy Creek had stopped within about 30 minutes of the spill (1:35). The 2:10 p.m. sample, at pH 6.5 was the same as that measured above and below the spill (background levels). No fish were affected, nor were other environmental impacts observed. All appropriate environmental and safety agencies have been notified according to company procedures and applicable laws and regulations. Those governmental authorities are satisfied with the Unimin response, and are not taking additional action. Unimin Corporation is investigating the conditions contributing to this release to prevent recurrence, and to enable appropriate corrective action. hes Environmental Supervisor Karl Kuchta Plant Manager W(Z 1T612 •UV7-0-z NC0084620 Summary March 3, 1998 7/18/97 - Unimin sends modification request to DWQ. Modification is to add outfall 002 to allow discharge of stormwater from a pond to be constructed on site. Pond would also collect process wastewater in the event of an emergency at the facility. Process wastewater would not be discharged from outfall 002 but would be routed back to treatment system to be discharge via outfall 001. In addition, DWQ recommends that_pond design include a separate compartment to contain_process wastewater. This separate compartment -Woad isolate. process wast ater discharge fo prevent mixing with and contamination of stormwater. Unimin operates a mining extraction by quarrying facility which includes milling and separation to produce quartz. Process wastewater treatment consists of neutralization, settling, vacuum filtering of solids/dredge and disposal to land. Permit modification includes permitting discharge of process wastewater and stormwater in one permit. Page 1 of 1 MINING FACILITIES, NORTH TOE RIVER FACILITIES: NC0000361 (Schoolhouse Quartz). Located at River Mile 41.5, this is the first mine discharge of the five within close proximity. This facility was recently permitted to construct a tertiary treatment system to meet a fluoride limit of 109 lbs/day. The UNIMIN facility NC0000175 traded 109 lbs/day fluoride load to the Schoolhouse facility, which subsequently reduced its existing load of 219 lbs/day to 109 lbs/day. Stormwater is covered under GP NCG020112. NC0000353 (The Feldspar Corporation). Located at River Mile 33.8, this facility has phased effluent limits. After Unimin Crystal begins to discharge directly to North Toe River, Feldspar's total fluoride monthly average limit will decrease from 225 to 174 lbs/day. As noted in Mike Parker's staff report (7/18/96), the facility has never discharged from outfalls 002 and 003 (both of which are non -contact cooling water discharges). Please investigate the possibility of terminating one or both of these outfalls since it appears the facility is not discharging from these outfalls. Stormwater is covered under general permits: NCG020256 and NCG020257. NC0084620 (Unimin Crystal). Located at River Mile 33.8, this facility currently discharges to the Feldspar plant (NC0000353).. UNIMIN requested an increase in flow from 0.173 MGD to 0.36 MGD for incidental wastewater associated with the process. The facility is to begin discharging directly via this permit in the near future. The increase in flow increased the IWC, and consequently, the toxicity testing percentage. NC0000400 (K-T Feldspar Corporation). Located at River Mile 29.2, this facility does not have a non -contact cooling water discharge. The Biocide Condition will be omitted from this permit, unless the region provides a reason for retaining this condition. Review of instream monitoring data for the period January 1993 through July 1996 indicated six violations of the fluoride water quality standard at the downstream station. Feldspar facility (NC0000353) did not have any violations over the same time period. Stormwater is covered under general permits: NCG020273 and NCG020274. NC0000175 (Unimin Quartz). Located at River Mile 28.6, this facility is the last mine of the five in close proximity. This facility was recently permitted to construct a tertiary treatment system to meet a fluoride limit of 109 lbs/day [see note under NC0000361]. Stormwater is covered under the NPDES permit. L6O1war IN/h43J1lsGM unimrn Quartz Operation P. O. Box 588 Bakersville Hwy. Spruce Pine, NC 28777 (704) 765-4283 Fax: (704) 765-0912 November 6, 1997 Mike Parker NC DEHNR Division of Water Quality Interchange Building 59 Woodfin Place Asheville, NC 28801 Subject: Permit Modification UNIMIN Crystal Plant, NPDES Permit # NC 0084620 Mitchell County NC Dear Mr. Parker: As discussed by phone November 6, 1997 please find enclosed a copy of the plans for our emergency pond for the Crystal Plant NPDES permit. This modification to add an emergency pond to collect storm water runoff, and any spill from the processing plant's waste treatment facility. The pond (pond 1) is designed to contain the runoff from a 10 year, 24 hour storm event and the contents of the thickener, and will be operated like the one we have at our Quartz/Feldspar Operations. As discussed we do not plan to discharge any Fluoride Waters but will pump it back to our treatment system thus no additional Fluoride discharge permit will be needed. If you have any questions or require any additional information please contact me at 704 765-4283 or you may contact Mr. Don Higgins at 815 434-4178. We would like to construct this pond as soon as possible. Thank you for your cooperation in this matter. Sincer Roy E(iddle Environmental Supervisor cc: Tim Haskell Karl Kuchta Charles Stover Bill Shalter Carl Horvat Date: 1997 To: Roy Riddle cc. KEK From: Tim Haskell Unimin Crystal Plant Enclosed is the information that Mike Parker requested pertaining to the Crystal Plant Emergency Pond permit request. Enclosed arc three plan maps showing the pond emergency storm discharge, pond pump location, pond discharge lines back to the plant and the CMP pond inlet location. Enclosed are two pump curves and pump descriptions, one for a 2x2 self priming centrifugal (primary pump) and the other for a 3x3 self priming centrifugal (secondary). Enclosed is the cross section of the emergency storm water discharge apparatus. Enclosed is the plant flow diagram showing the location of the pond discharge pipes where they enter the waste flow stream. There will be a alarm that will warn the waste plant operator when the pond level reaches five foot deep. The process instruction sheets will clearly instnict the operator to immediately start the pond pump. It is our intention to operate the pond as dry as possible at all times. ,td,d, 1/'5' (-1.& ad e.e.44) (et "Geei0 (/4,?4,„ (zzceY7.449 7-ez) 111111111111 (7/ Quartz Operation P. O. Box 588 Bakersville Hwy. Spruce Pine, NC 28777 (704) 765-4283 Fax: (704) 765-0912 Mike Parker NCDEHNR Division of Water Quality Interchange Building 59 Woodfirn Place Asheville NC, 28801 nahy. ijo)or num)ajt4, &31 a-dea • 12� � 0 =1+.1 ' 1-4.7 a.1 Certified Mail 1,4 A, 4z ).i.4.41-4(760I%) p. Return receipt regdpsted 1 urn At *ea- duly 18, 1997 • eiotke re,....4:2 Modification to NPDES Permit # NC0084620 Dear Mr. Parker: AA-l. }V!/{-' 4i9-161 ‘JUL 23 1997 Enclosed is an application to modify Unimin's Crystal Plant NPDES permit. This modification is to add an additional outfall (002) to collect storm water runoff and process water from the Crystal Plant waste treatment facility. Unimin is requesting authorization to begin construction of the pond. The pond (Pond 1) is designed to contain the runoff from a 10 year, 24 hour storm event and the contents of the thickener (250,000 gal.), and safely pass the runoff from a 25 year, 24 hour storm event. All confidential information is marked confidential and enclosed in Attachment F. Unimin request that this information be kept confidential. Also enclosed is a processing fee of $400.00. If you have any questions, or require any additional information, please contact Don Higgins at (815) 434 - 4178 or me at the above address. Respectfully, Roy Ri Env onmental Supervibdil CENTRAL FILES Enclosures cc: D. Higgins, Karl Kuchta, B. Shalter, Charlie Stover ti 1 te I.: • e'~3lc1'Gre n .h1nL laln i CO .� Toledo-) Ooohrenet``_ remain I K Cr 't Yw*tot; Perste ow 1nneetull V-V FIT ,r y;. P+PP••r ��� .. no 1 cco ✓'(' aen nn C A M �p+ C rta l r _t1`Peal ' I AND Y Ynr O•C9' .1 _ 3432 N r, III ( f v(5>nt1 ota Le,yc 'Arm • CNixf a At, j � -• N1oun,nin J , ];ice• • wi G i ;. \/ Mn J :Ifaert.i n I v Gi, I h Sln,c I . • 2 Ctabzt,e R1 1 U 5 / F _ (- i T 13BP r1f jBT5134(1 O'er\\ n i,J .iV fly J ' )', 0�J toe �� l ' �.nt�/ l! rI, L. `!• • ,L ' ; !OU, Yi NC(CHELL j ! ` STATE PARK...: i. !.f 1. Mit%hC Ii 1'i!111 �;_il • 31u v mm J V AIp tc • ' Y-✓ '—� ' Mt Q u '4,'Sevier n �( ''WtwAI + of / �'1S- to 1 /-.• • efla FpR E. d:o�tlguet ') �_. c . . • - �� 1 _ r1'R -i,%1 •Sr h n I r�. •1 f • `• h H K1 b .'.115 twit' ..� 'T - A T �,B�j, t,.ro ,• • J.I 7 �/ Mu_ Z ` o u c> f m • • +o� < R- t,� .fi• r . . _� .1 !-�.in1;�. 1 ` �. yn LE`I It RC 16Iertott 35. {aft [„t/ fl'� - +c'we aF;aba J pt• . / r9 Ri y � = Krnb k 1 1 v Knnf: yam{/_/, P 55 I / (',/ ,-, J Nalkm 11u t•" ' I. -� r rn n, PI}CAII 'CAME LAND I crs B r• s ftt ek L1 _ante (. c.. ▪ n • fC DOWELL C9 s, 9:',� 1 GanLnls>-- 4 1,4 E-N pteden New 14'D x 1 Low Shear Mi Tank, Chloro Butyl Rubber Lined with Ba es v V v 1 To Drainage Pit Sump Dust Collector Lime Tank H Probe Operates Rotary Valve on Lime Silo fc- 120 GPM CAD 35% Solids r Floc addition 55-- 10 GPM 0 35T 21,000 Ga Ion Steady State Tank - Valve NC J ?a. - Containr�.�ent Floc Tank w/Agitator Metering Pumps - Duplicate Sy- ems for Backup Existing Lime Plant Overflow Pump A Sand Filter Backwash ' '-Water - Once/Week 300 GPM for Blt, lairil� Over Dumpsters & Filters 112" Screw Conveyor Q 120 GPM Flow through 2 ea 4" Line / 8 x 6'W Drum - Filter with 150 cloth area There is presently a 4" and 2.5" line to TFC. One will be used for this service. Load Monitoring Controller on Drive Moto Flow to River as Long as pH is correct. Valve closes when is out of complian 5 minute delay V pH Probe Feedwell 50 Ft Thickener 25 GPM 35% Sgli�s 200,000 T/Y of Water=118 GPM 6.0 GPM of Scrubber Water. line from Pcrd 2" Line from Pord 2 each 20 Yd3 Dum E Valve NC ft Tec___D;Tim sters oA Diaphram Pump (Backup) f Existing Galigher Pump, Relocated -e- Diaphram Pump (New) Two New Fiberglas Tanks Barometric Leg 2 each Receiver Tanks To be located in Ball Mill " Room - Contract Haul Sludge to Quartz Plant Drainage Pit Pump Flow Totaliz w/Chart Reco er -d pH Probe with Chcrt Recorder Automatic Sampler relocated from TFC. Tanks are already Connected CCIIRDENTIAL Attachment B MORELJ WJ LJ Unlein Corporation 4000 Baker Road Ottawa.. IL 61350 Title Crystal Plant Waste Plant Flowsheet i ood (,v .c.c Dra .!'07 Scale: None Appr. Protect ER 44-94-02 LocationSpruce Pine, NC Dwg. No. CRFLOW97.dwg Rov 11 Specification Data SECTION 50, PAGE 1440 OVERALL DIMENSIONS and WEIGHTS APPROXIMATE SUCTION 3" NPT NET WEIGHT: 190 N SHIPPING WEIGHT: 210 POUNDS EXPORT CRATE SIZE: 7.1 CUBIC F 12.25 (311,21 s.t3 (155,71 (95,3Ir— z-DISCHARGE 3" NPT (96,81 (96,81 7.63 (193,81 DIMENSIONS: INCHES (MILLIMETERS] 0.44 WIDE (2) SLOTS (1121 (215,91 . 15.9d (404,91 1 3.81 (97,81 3.81 - (97,81 35.Z1:. (641,41 321E . 4 (57,91 0.56 DIA. (2) HOLES (14,21 0.25 S0. X_�,LG. (6,4) (47,81 USEABLE KEYWAY 1.00 DIA. I1oa,61 I25,a1 1.94 (49,3) (49,3) TOTAL HEAD M P.S.I. FEET 65. 90 60 _2 - ea4 a 30: 20- U.S. GALLONS PEME t: s 5 e VOLUTE 6882-A IMPELLER 13557 E llhlllhlllllllllhlllhllllllllllllllllllllilllllllll iuiniiri��ioiiiu�iid�ui�iiniu�wm�unnmu■i I P E MRMMIPPMFMNIMIPPPIMINNM �1 IIIIIIII�I CURVE 830-8-1 MODEL 83D-B SIZE*3" IMP. DIA. 6. SP. GR. 1.0 RPM NOTED EP IN U:::N: 11111 1:7u1kM1:4H41ME-NU"E 3!!■■last =MI . WEEM000UiNE 'asNff'ERs i OP`� ■■aa■a■!EN■■■■r■!■■■■■■■■a!■r■ .»3450 RP tEE/Mtt O•�I. ::N•INElaia"aENENN'N'i' REIM• Eats■E.NEEN• .MI■■■■■'■'l:■�i■: .■ GF Nas-'-1..E■a4UE■EEal4I1.NS! ENE.NENM,u/E�".a.w..■ 50 55 . m■sw.s.IIEEasu.wUEaaslaasum.ul1Ila ■ 60 u.a.■ EESNSNUEa.liaN.EE■..■..aa.aaaan, ■nN■ ;:■ ■,■►.a/41/11ri=. V1/isi" =a1ivii_al gniINiiwMENIME IMEENEi MOM . ■NNUNNMMONEa■tDa: • !• raU■rt1■EW*Zatirll■.slN■E4susa■!■lellti,"l■11■!!■nt�■ EWE SEE.a!■1E.s�:. 4. 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NEMPLENEaE`-1E■1ELANENE!IS .■■a!7/INrAlilr....EU j ..Nana►asss'a. rs1�.E■■sE► - .tsaEr�sass-sENEssME/■N.-..-d4. 4NuaNON T5, ■■' MFaE/ilrY.s..r_NEraOM. -etas!-was:.•'Ia1.■C.1r.,.af:,a.■EENEMIr ■ "E- a1EM.Ra: =I•■.■E■Nr.Z'IN■aVw!r-ilt■E!=..7Aara.7.a:l.aMME.NNaIN■ E .iRt 4.4. .'•aim=rslPSE■sS: .4LP:t ow::AEEst+r+�.a=ssst■ ,NEEgE■lu...t•E!■ Naa/ja■■ru■ri/i/r.s= smst.es�-tNr�-tisf:fi.6."r✓=aw�a■.!■rsai.ai ■E■EE■EN.1 ■.aasaa■asA 4 .Ea_a__-.eearts saar.• ma ■a,.Eaaaaaa��aa S• _ NpgH d 3450 RPM_ sommo ::=ci; do . ►:':::t: :N..SMO;N t;::t: ■ 6 ':::: -2 pia.NEEEM■ti.ME..!■■.■.■..lr■E.1.1 MIME MEM.■•4.0 a!!!■... ■■MEN■ a1NaE.N.aQQlNaaa■u.l..E•EM•NEM■NINE. NEN■ ■ ■EIN•r.aEEE•E.aaaalE..E.EE.■ ~ u u N 0 0 d - ~ 0 • - u R MINUT — r 1 t t r LITRES I— f I NI I PER MINUTE INIHUNDREDS I I t t 4. I it)T t t t ' It'- 1 61 I I I I t I FT tr M -10 L8 10- -4 C-2.196•R • THE GORMAN-RUPP COMPANY • MANSFIELD, OHIO GORMAN-RUPP GORMAN•RUPP OF CANADA LIMITEO • ST. THOMAS. ONTARIO. CANADA .•-a.-v:a Copyright by the Gorman -Rupp Company 08/29/9 7. FRI 11:48 FAX 704 684 2897 et_ Il r_ • 4 TENCARVA ASHEVILLE 10003 Specification Data SECTION 50, PAGE 1 100 117.21 OVERALL. DIMENSIONS and WEIGHTS APPROXIMATE bierf rifi ism E1W, D1MENSION9 1QSHEs 110 LLSIETER31 NET WEIGHT; 112 POUNDS SHIPPING WEIGHT: 130 POUNDS EXPORT CRATE SIZE: 7.1 CUBIC FEET DIStHANOE . r II.r.T. ti 111 111.11 SUCTION .2" 111.T. 14.19 (517.11 14112) 1171,21 1.7 woo j -4.r - -LE- - l kOLES 112,71 2"711151,211 In.11 .r1315.21 _a 115,11 AIL AREY LG. _ Al s0.1[ l -U M1- 114.31 1• +ffi-OIA. 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II. onoMOriPaler Road I Spruce Pine Crystal Plant POND 1 Typical Section igt Dram y goo No. dfh AFHCRSCCAAi dwo gar A maa,-- Imo' Aug. ea,1997I Fici ure 1 10 20 30 40 50 60 70