NC0023965_Permit (Modification)_20120928

NPDES DOCYldENT !;CANN1N6 COVER SHEET
NPDES Permit:
NC0023965
Wilmington Northside WWTP
Document Type:
Permit Issuance
Wasteload Allocation
Authorization to Construct (AtC)
_.......w,.,......)
Pew t Modification
Complete File - Historical
Engineering Alternatives (EAA)
Correspondence
Owner Name Change
Instream Assessment (67b)
Speculative Limits
Environmental Assessment (EA)
Document Date:
September 28, 2012
This document is printed icsra. reuse paper. - ignore any
content on the resrerse side

ATA
NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Charles Wakild, P. E. Dee Freeman
Governor Director Secretary
September 28, 2012
Matthew W. Jordan, Chief Executive Officer
Cape Fear Public Utility Authority
235 Government Center Drive
Wilmington, North Carolina 28403
Subject: Issuance of Permit Modification
NPDES Permit NC0023965
James Loughlin (Northside) WWTP
Class IV Facility
New Hanover County
Dear Mr. Jordan:
Division of Water Quality (Division) personnel have reviewed and approved your request for
modification of the subject permit. Accordingly, we are forwarding the attached NPDES discharge
permit modification. It is issued pursuant to the requirements of North Carolina General Statute 143-
215.1 and the Memorandum of Agreement between North Carolina and the U.S. Environmental
Protection Agency dated October 15, 2007, or as subsequently amended.
The only changes made from the final permit issued last month are the additions of two permit
conditions. They are shown on the attached sheet as special conditions A (8), Historical Permit Limits,
and special condition A (9), Anti -Backsliding. These two conditions are the same as those from the
previously -issued 2007 permit.
If any parts, measurement frequencies, or sampling requirements contained in this permit are
unacceptable, you have the right to an adjudicatory hearing upon written request within thirty (30) days
after receiving this letter. Your request must take the form of a written petition conforming to Chapter
150B of the North Carolina General Statutes, and must be filed with the Office of Administrative
Hearings, 6714 Mail Service Center, Raleigh, North Carolina 27699-6714. Unless such demand is
made, this permit remains final and binding.
This permit is not transferable except after notifying the Division of Water Quality. The Division may
modify and reissue or revoke this permit. Please note that this permit does not affect your legal
obligation to obtain other permits required by the Division of Water Quality, the Division of Land
Resources, the Division of Coastal Management, or other federal or local agencies.
1617 Mail Service Center, Raleigh, North Carolina 27699-1617
Location: 512 N. Salisbury St. Raleigh, North Carolina 27604
Phone: [phone] FAX: [phone]
Internet www.ncwaterquality.org
An Equal Opportunity 1 Affirmative Action Employer
Noe Carolina
�tura!ly

If you have questions, or if we can be of further assistance, please contact Mr. Gil Vinzani at
[[e-mail]] or at [phone].
Sincerely,
dficCharles Wakild, P. E.
Attachment: Special Conditions A (8) and A (9), NPDES Permit NC0023965
Cc: US EPA Region IV, Karrie-Jo Shell*
Wilmington Regional Office, Surface Water Protection Section
NPDES Files
Central Files
* E-mail Copy
1617 Mail Service Center, Raleigh, North Carolina 27699-1617
Location: 512 N. Salisbury St. Raleigh, North Carolina 27604
Phone: [phone] FAX: [phone]
Internet: www.ncwaterquality.org
An Equal Opportunity \ Affirmative Action Employer
Nne
orthCarolina
Natural/if

Permit NC0023965
A (8) HISTORICAL PERMIT LIMITS
The Division recognizes that prior to issuance of this permit, the James A. Loughlin WWTP was
permitted to discharge with secondary limits of 30 mg/L of BOD5, 30 mg/L of TSS, and no limit for NH3
as N. At the previously permitted flow of 8.0 MGD, these limits translate approximately to mass Toads
of 365 tons per year (tpy) BOD5, 365 tpy of TSS, and 244 tpy of NH3 as N (assuming 20 mg/L). The
mass Toads described in this paragraph will be one factor the Division considers when developing
future wasteload allocations resulting from the TMDL process or when considering future expansion
requests for the James A. Loughlin WWTP.
A (9) ANTI -BACKSLIDING
The BOD5 and ammonia nitrogen (NH3 as N) limits in this permit may be replaced with Tess stringent
limits without violating state and federal anti -backsliding provisions if:
1) circumstances predicating the issuance of this permit have materially and substantially
changed;
2) there are material and substantial changes to the facility;
3) new information comes available (such as the determination of a TMDL); or
4) new regulations become promulgated;
provided that the Division deems such modification appropriate and consistent with applicable laws and
regulations.

Vinzani, Gil
From: Ken Vogt [[e-mail]]
Sent: Wednesday, September 19, 2012 11:18 AM
To: Vinzani, Gil
Cc: Jim Flechtner; Beth Eckert; Pam Ellis; Linda Miles Firm; Jeff Cermak
Subject: FW: Cape Fear Public Utilities - NPDES Permit No. NC0023965 Loughlin (Northside)
WWTP
Attachments: IWC+.xls
Gil - Your summary accurately reflects the issues and outcomes discussed during our 09.18.2012 conference call.
Our concerns have been addressed, and the Authority is in agreement with the determinations outlined herein. We
appreciate the prompt attention and cooperation provided by all parties in resolving these important issues. We await
receipt of the permit including the referenced revisions. Ken.
From: Vinzani, Gil [mailto:gil.vinzaniOncdenr.gov]
Sent: Tuesday, September 18, 2012 16:40
To: Ken Vogt
Cc: Belnick, Tom; Poupart, Jeff; Beth Eckert; Pam Ellis
Subject: Cape Fear Public Utilities - NPDES Permit No. NC0023965 Loughlin (Northside) WWTP
Ken:
Thank you for a productive meeting this afternoon. DWQ summarizes the results as follows:
1. Two previous special conditions in the prior permit, namely "Historical Permit Limits" and "Anti -
Backsliding", will be added back into a revised permit issuance. The wording in each will be identical to the
previous permit.
2. The Division recognizes the concerns that CFPUA has with the new requirement for chronic toxicity testing
at the 16 MGD design flow. As agreed, we will not hold this requirement enforceable until the actual
implementation of the permit's 16 MGD flow limitation. This will not occur until after the Division receives an
engineer's certification from CFPUA stating that the necessary upgrades have been made in accordance with
approved plans and specifications. The timing of the sending of this certification is at the sole discretion of
CFPUA.
3. Ammonia limits as shown on the issued permit will remain. As we discussed, these limitations were
calculated using EPA criteria for protecting the receiving stream from the potential toxic effects of ammonia in
the plant's effluent. The attached permit writer's worksheet includes the methods used to determine such
limits, based on the design flow of the treatment facility (10 MGD), the seasonal minimum flows of the
receiving stream, seasonal ammonia criteria, and an instream waste concentration of 4.8%. The Division has
been including ammonia limits in NPDES permits for the protection of aquatic life, based on IWC calculations,
since 1990.
Please let me know if you have any additional concerns. The Division will issue a modified permit, with the
two specified special conditions added back in, upon your request and approval of the above.
Gil Vinzani, P. E.
1

. Vinzani, Gil
To: Ken Vogt
Cc: Belnick, Tom
Subject: RE: CFPUA NSWWTP NPDES NC0023965
Mr. Vogt:
In response to your comments regarding NPDES Permit NC0023965, we offer the following responses:
1. As we discussed, having ammonia limits are typical for major municipal facilities like the Northside plant. The limits in
the final permit incorporate the 4.8% dilution factor, and as such are significantly above the actual sample results you
have shown in your discharge monitoring reports. We are puzzled as to why you would object to limits which were fairly
calculated and would easily be met on a consistent basis. We are unable to justify removing them.
2. We will add back these two conditions. Although the Division disagrees with your assertion of their relevance, they
do not conflict with other conditions and limitations of the permit.
3. Your request for a phasing in period of the chronic testing is unnecessary. This condition will not be applicable until
we have officially approved the implementation of the 16 MGD design flow. This is not expected to be needed for a long
time, since your flows remain considerably below 10 MGD and the lengthy regulatory process to implement the higher
flow has not commenced. You may run chronic testing on your effluent to determine ease of compliance at any time.
We fully expect that, at a testing effluent concentration of only 4.8%, you will easily be able to pass on a consistent
basis. As in #1, this requirement for chronic toxicity testing is common to all major municipal permits.
I will prepare a revised permit to add back the two conditions at your request. Please call me if you wish to discuss
these issues further.
Gil Vinzani
From: Ken Vogt [mailto:[e-mail]]
Sent: Wednesday, September 05, 2012 2:20 PM
To: Vinzani, Gil
Cc: Jim Flechtner; Beth Eckert; Linda Miles Firm; Jeff Cermak
Subject: CFPUA NSWWTP NPDES NC0023965
Mr. Gil Vinzani
NCDENR
DWQ
1617 Mail Service Center
Raleigh, NC 27699-1617
Re: Issuance of NPDES Permit NC 0023965 - CFPUA James A Loughlin (Northside) WWTP -
New Hanover County
Dear Mr. Vinzani,
CFPUA is in receipt of DWQ's 08.15.2012 issuance of NPDES Permit NC0023965 for CFPUA's
NSWWTP. It was issued following the draft permit being made available for review by DWQ on
04.04.2012 and CFPUA's 04.27.2012 questions and concerns regarding this draft permit. CFPUA
considers this issuance to be premature inasmuch as several concerns remain unresolved in the
Authority's mind. We would like to present them to your DWQ for its reconsideration.
i

Vinzani, Gil
To:
Subject:
Ken Vogt
RE: CFPUA NSWWTP NPDES NC0023965
Mr. Vogt:
In response to your comments regarding NPDES Permit NC0023965, we offer the following responses:
1. As we discussed, having ammonia limits are typical for major municipal facilities like the Northside plant. The limits in
the final permit incorporate the 4.8% dilution factor, and as such are significantly above the actual sample results you
have shown in your discharge monitoring reports. We are puzzled as to why you would object to limits which were fairly
calculated and would easily be met on a consistent basis. We are unable to justify removing them.
2. We will add back these two conditions. Although the Division disagrees with your assertion of their relevance, they
do not conflict with other conditions and limitations of the permit.
3. Your request for a phasing in period bf the chronic testing is unnecessary. This condition will not be applicable until
we have officially approved the implementation of the 16 MGD design flow. This is not expected to be needed for a long
time, since your flows remain considerably below 10 MGD and the lengthy regulatory process to implement the higher
flow has not commenced. You may run chronic testing on your effluent to determine ease of compliance at any time.
As in #1, this requirement for chronic toxicity testing is common to all major municipal permits.
I will prepare a revised permit to add back the two conditions at your request. Please call me if you wish to discuss
these issues further.
Gil Vinzani
From: Ken Vogt [mailto:[e-mail]]
Sent: Wednesday, September 05, 2012 2:20 PM
To: Vinzani, Gil
Cc: Jim Flechtner; Beth Eckert; Linda Miles Firm; Jeff Cermak
Subject: CFPUA NSWWTP NPDES NC0023965
Mr. Gil Vinzani
NCDENR
DWQ
1617 Mail Service Center
Raleigh, NC 27699-1617
Re: Issuance of NPDES Permit NC 0023965 - CFPUA James A Loughlin (Northside) WWTP -
New Hanover County
Dear Mr. Vinzani,
CFPUA is in receipt of DWQ's 08.15.2012 issuance of NPDES Permit NC0023965 for CFPUA's
NSWWTP. It was issued following the draft permit being made available for review by DWQ on
04.04.2012 and CFPUA's 04.27.2012 questions and concerns regarding this draft permit. CFPUA
considers this issuance to be premature inasmuch as several concerns remain unresolved in the
Authority's mind. We would like to present them to your DWQ for its reconsideration.
1

1. CFPUA had stated that the addition of ammonia -nitrogen limits in A (1) Effluent
Limitations and Monitoring Requirements for 10.0 MGD was unexpected. Our previous
permit had a monitoring requirement, but no seasonal limits for ammonia; this was
because the 10 MGD permit was intended to provide relief for limited additional capacity
and connections until the 16 MGD permit became effective and its limits were established
accordingly. We had requested that there be no ammonia limits on our new permit and
we continue that request. We are agreeable with the ammonia limits in A (2) Effluent
Limitations and Monitoring Requirements for 16.0 MGD.
Imposition of any ammonia limits violates the intent of the 10 MGD permit and simple
attainability should not predicate limit -setting. CFPUA requests DWQ reconsideration of
this position.
2. Previous permits had incorporated special conditions A (5) addressing Historical Permit
Limits and A (6) addressing Anti -Backsliding. CFPUA had considered memorialization of
these statements to be very important in light of evolving TMDL considerations. They
read as follows:
A. (5.) Historical Permit Limits
The Division recognizes that prior to issuance of this permit, the James A. Loughlin WWTP
was permitted to discharge with secondary limits of 30 mg/L of BOD5 , 30 mg/L of TSS,
and no limit for NH3 as N. At the previously permitted flow of 8.0 MGD, these limits
translate approximately to mass loads of 365 tons per year (tpy) BOD5, 365 tpy of TSS,
and 244 typ of NH3 as N (assuming 20 mg/L). The mass loads described in this
paragraph will be one factor the Division considers when developing future wasteload
allocations resulting from the TMDL process or when considering future expansion
requests for the James A. Loughlin WWTP.
A. (6.) Anti -backsliding
The BOD5 and ammonia nitrogen (NH3 as N) limits in this permit may be replaced with
less stringent limits without violating state and federal anti -backsliding provisions if:
1) Circumstances predicating the issuance of this permit have materially and
substantially changed;
2) There are material and substantial changes to the facility;
3) New information comes available (such as the determination of a TMDL); or
4) New regulations become promulgated, provided that the Division deems such
modification appropriate and consistent with applicable laws and regulations.
DWQ has eliminated these special conditions from the issued permit, seemingly indicating
that they are considered obsolete.
These conditions were not included within our draft permit. We believe the conditions
remain valid, pertinent, and relevant given the evolving state of TMDLs, particularly the
Lower Cape Fear River Estuary low dissolved oxygen TMDL. While progress continues to
be made, ultimate outcomes, decisions, and their implications are still not clearly defined
and may not be for some time. In fact, DWQ later goes on to state that the lower Cape
Fear River is listed as an impaired waterbody upon the North Carolina 303(d) Impaired
Waters List, that instream data will continue to be evaluated, and, if there is
noncompliance with permitted effluent limits and stream impairment can be attributed to
your facility (the NSWWTP), mitigative measures may be required. Again, our concern
hardly seems obsolete when considering DWQ's position. On this basis, CFPUA continues
to consider these special conditions very important to protecting its interests and seeks to
have them reconsidered for reincorporation into the permit.
2

3. DWQ has eliminated quarterly acute toxicity testing using 90% dilution and substituted
quarterly chronic toxicity testing using 4.8% dilution at the 16.0 MGD flow rate. This is
new and was not included in the draft permit, nor was it discussed with us.
DWQ has stated the basis for this change to be a facility's using a dilution factor to
determine an instream waste concentration.
While we understand mixing modeling had been performed at DWQ's request as a
previous special condition, and while its results may have been utilized in CFPUA
programs, we were not aware that DWQ intended to impose a different WET until recent
permit issuance. The CFPUA has not implemented chronic toxicity testing and has no
knowledge of whether the NSWWTP will find itself in a state of compliance or
noncompliance if/when such a permit condition may be imposed. For this reason, we are
hesitant to accept this new condition and are requesting 'chronic toxicity testing be
imposed on a phasing -in period/monitoring only basis for one year (four quarters) until a
better understanding of our ability to comply can be reached. We are prepared to
continue enforceable permit -required acute toxicity testing over this period. CFPUA hopes
DWQ understands its concerns with limit attainability and possible enforcement action and
will favorably consider its request.
We appreciate your prompt attention to the foregoing issues inasmuch as, in the event they
cannot be resolved to both parties satisfaction, CFPUA's only recourse is filing for an
adjudicatory hearing within thirty days of receipt of the notification (received at CFPUA on
August 22, 2012). So, time is of the essence and we await your response. Should you have any
questions or wish to discuss these issues further, please feel free to contact me at your earliest
opportunity.
Sincerely,
Kenneth L. Vogt, Jr., P.E., B.C.E.E.
Wastewater Treatment Superintendent
Cape Fear Public Utility Authority
235 Government Center Drive
Wilmington, NC 28403
(P) 910.332.6586 (F) 910.332.6731 (M) 910.470.8701
ken.vogtacfpua.orq
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