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HomeMy WebLinkAboutNC0001406_NPDES Permit_200509120 yy� Michael F. Easley Uil w,lt���Q�l�� Governor - SEP 19 2005 William G. Ross, Jr., Secretary North Carolina Department of Environment and Natural Resources Alan W. Klimek, P.E., Director DENR - FAYETEVILLE REGIONAL OFFICE p' Division of Water Quality September 12, 2005 Mr. M. Alan Thornton, Town Manager P.O. Box 459 Erwin, North Carolina 28339. !( Subject: Issuance of NPDES Permit • Permit No. NC0001406. Former' Swift Textile WWTP Harnett County Dear. Mr. Thornton:. Division personnel have.. reviewed and approved your application for renewal of the subject permit. Accordingly, we areforwarding the attached NPDES discharge permit.:. This permit is issued pursuant to the requirements of North Carolina General 'Statute 143-215.1.:and the Memorandum of Agreement 'between North Carolina and the. U.S.. Environmental Protection Agency dated May 9, 1994. (orr as subsequently amended).. In response to your letter. of August 25,. 2005 the Division offers the following response: • Since the permitted flow is 0.08 MGD the corresponding classification of the WWTP is a Grade. II... The expiration date on the permit corresponds . to the expiration date for all the permits in subbasin 03-06-13 in the Cape Fear Basin.. Regarding the reissuance of the permit upon the next permit renewal cycle, the Division;: cannot guarantee that the. permit will have the samelimits and conditions as the current permit. At the time of permit renewal, the. Division will consider the most current policies and guidelines. Changes in the use or operation of the facility could translate into modifications to the permit. • The addition of flow to the Town of Erwin's WWTP, cannot be addressed through this permit.. In order to add flow to a facility that has reached j90 % of its flow capacity an SOC has to be approved by the Division. • If the town recruits and industry the permit will need to be modified. A permit modification request is not reviewed in the same way as a new permit application.. Condition A. (2) in the permit explains the process and 'information requirements to. obtain a permit modification. If an industry wants to use the WWTP, the permit will have to be evaluated according to the specific type and characteristics of the proposed discharge. If any parts, measurement frequencies or sampling requirements contained in this permit are unacceptable to you, you have the right to an adjudicatory hearing upon written request within thirty (30) days following receipt of this letter. This request must be in the form of a written petition, conforming to Chapter 150B of. the North Carolina General Statutes, and filed with the Office of Administrative Hearings (6714 Mail Service Center, Raleigh, North Carolina 27699-6714). Unless such demand is made, this decision shall be final and binding. North Carolina Division of Water Quality 1617 Mail Service Center Raleigh, NC 27699-1617 Phone (919) 733-5083 Internet: h2o.enr.state.nc.us 512 N. Salisbury St. Raleigh, NC 27604 Noe Carolina aura, . Customer Service FAX (919) 733-0719 1-877-623-6748 An Equal Opportunity/Affirmative Action Employer— 50% Recycled/10% Post Consumer Paper Permit No. NC0001406 Town of Erwin Page 2 Please note that this permit is not transferable except after notice to the Division. The Division may require modification or revocation and reissuance of the permit.. This permit does not affect the legal requirements to obtain other permits which may be required by the. Division of Water Quality or permits required by the Division of Land Resources, the Coastal Area Management Act or any other Federal or Local governmental permit that may be required. If you have any questions concerning this permit, please contact Teresa Rodriguez. at telephone number (919) 733-5083, extension 553. Sincerely, g- : Alan W. Klimek, P.E. Cc: NPDES•Files Central Files (Eayefteville Regional -Office -Surface Water Protection Technical Assistance and Certification Unit Permit No.. NC0001406 . . 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 provisions of North Carolina General Statute 143-215.1, other lawful standards and regulations promulgated and adopted by the, North Carolina Environmental Management - Commission, and the Federal Water Pollution Control Act, as amended, Town of Erwin is hereby authorized to discharge wastewater from a facility located -at Former Swift. Textiles WWTP 200 North }Burlington Avenue & West "E" Street Erwin Harnett County , to receiving waters designated as the Cape Fear River in the Cape Fear River Basin in accordance with effluent limitations; monitoring requirements, and other conditions set fortli in. Parts I, II, III, and IV hereof. The permit shall become effective November 1, 2005. This permit and the authorization to discharge shall expire at midnight on September 30,2006. Signed this day September 12, 2005, 4r. Alan W. Klimek, P.E., Director Division of Water Quality - F By Authority of the Environmental Management Commission Permit No. NC0001406 SUPPLEMENT TO PERMIT COVER SHEET All previous NPDES Permits issued tothis facility, whether for operation or discharge are hereby revoked. As of this permit issuance, any previously issued permit bearing this number is no longer effective. Therefore, the exclusive authority to operate and discharge from this facility arises under the permit conditions, requirements, terms, and provisions included herein. Town of Erwin is hereby authorized to: 1.. Continue to operate an existing 2.5 MGD wastewater treatment facility, at a monthly. average flow not exceeding 0.08 MGD, located at the former Swift Textile facility, 200 North Burlington Avenue & "E" Street, Erwin, Harnett County, and consisting of the following wastewater treatment components: . ■ . Mechanical bar screen • Mechanical grit chamber ■ Influent recording flow measurement • Influent pH adjustment • Parallel aeration basins • Polymer feed system • Dual clarifiers. • Effluent Flow Meter • Sludge storage tank ■ Sludge mixing/thickening tank • Belt filter press 2. Discharge from said treatment works, through outfall 001, into Cape Fear River, a Class WS-V water in the Cape Fear River Basin, at the location specified on the attached map. Permit No. NC0001406. • . A. (2.) CHANGE IN OWNERSHIP .OR USE OF. THE FACILITY In the event that the facility changes ownership or a change in use of the facility is anticipated,. the permittee shall submit a request for permit modification including the following documentation at least 180. days prior. `to thestart of operations:. 1. If manufacturing or --other activities -are resumed at the site, a description of the manufacturing processes or activities, products, and expected annual production.. 2. Flow,diagram indicating process and wastewater flow volumes. 3. . Proposed treatment and characteristics of the wastewater too be discharged. 4.. Description of any planned expansions or upgrades to the treatment facilities. . 5. Engineering Alternatives Analysis of wastewater disposal alternatives including a flow justification, the connection toan existing municipal waste treatment facility and jnon-discharge alternatives., 6. If the facility is sold a name ownership change form and required documentation shall be submitted to the Division... No additional discharge is authorized until the effective date of the permit modification. Receiving Stream: Cape Fear River Stream Class: WS-V Latitude: 78° 42' 00" N Longitude: 35° 19' 02" W Drainage Basin: Cape Fear River Sub -Basin: 03-06-13 Facility Location not to scale NPDES Permit No. NC0001406 Harnett County Permit No. NC0001406 A (1.) EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS Beginning on the effective date of this,permit and lasting until expiration, the Permittee is authorized to discharge treated wastewater from Outfall 001. Such discharges shall be limited and monitored by the Permittee as specified below: zx,` EFFLUENT LIMITATIONS '�' �� `qT� �°',. ��� $ MONITORING REQUIREMENTS` ° EFFLUENT CHAIRACTERISTIGS 't _ � r, Monthly r Average Weekly Average `:'( rx 'z-x< <; Daily � Maximum <" ,_�x .. a�'. a. t ,�Measuremenl�Sa"mple Fre uenc q �� ... �:... �hh`Fi i"�''� Jl � Sample Type ,.o � "m%4's."'4:'X�.., � Location �4 �- � Flow 0.08 MGD Continuous Recording I or E BOD5 30 mg/1 45 mg/1 Weekly Composite E,I TotalSuspended Solids2 30 mg/1 45 mg/1 Weekly Composite E',I NH3N 2/Month Composite E Total Residual Chlorine3 28 µg/1 2/week Grab E Fecal Coliform (geometric mean) 200/100 ml 400/100 ml Weekly Grab E pH4 Weekly Grab E Dissolved Oxygen5 Weekly Grab E Temperature (°C) Weekly Grab E Total Nitrogen (NO2N + NO3N '+ TKN) Monthly Composite E Total Phosphorus Monthly Composite E Dissolved Oxygen6 3/Week6 Grab U, D Temperature (OC)6 3/Week6 Grab U, D Notes: 1. Sample locations: E- Effluent, I- Influent, U — at least 100 yards upstream of the outfall, D- Cape Fear River at Highway 217. - 2. The monthly average effluent BOD5 and TSS concentrations shall not exceed 15% of the respective influent value (85% removal). - 3. Total Residual Chlorine requirements shall apply only if chlorine is added to the effluent. The limit will take effect 18 months after the effective date of the final permit. 4. The pH shall not be less than 6.0 standard units nor greater than 9.0 standard units. 5. The daily effluent dissolved' oxygen concentration shall not be less than 5.0 mg/1. 6. Instream sampling (U, D) is waived as long as permittee retains membership in the Middle Cape Fear River Basin Association (MCFRBA), which is conducting a coordinated instream monitoring effort. If the permittee leaves the MCFRBA, instream monitoring shall begin immediately according to the requirements above, with instream samples collected 3/Week (June -Sept.) and 1/Week (Oct. -May). There shall be no discharge of floating solids or visible foam in other than trace amounts. NPDES Permit Requirements Page 1 of 16 PART II STANDARD CONDITIONS FOR NPDES PERMITS Section A. Definitions 2/Month Samples are collected twice per month with at least ten calendar days between sampling events. 3/Week Samples are collected three times per week on three separate calendar days. Act or "the Act" The Federal Water Pollution Control Act, also known as the Clean Water Act, as amended, 33 USC 1251, et. seq. Annual Average The arithmetic mean of all "daily'discharges" of a pollutant measured during the calendar year. In the case of fecal coliform, the geometric mean of such discharges. Arithmetic Mean The summation of the individual values divided by the number of individual values. Bypass The known diversion of waste streams from any portion of a treatment facility is not a designed or established or operating mode for the facility. including the collection system, which Calendar Day The period from midnight of one day until midnight of the next day. However, for purposes of this permit, any consecutive 24-hour period that reasonably represents the calendar day may be used for sampling. Calendar Quarter One of the following distinct periods: January through March, April through June, July through September, and October through December. Composite Sample A sample collected over a 24-hourperiod by continuous sampling or combining grab sainples of at least 100 ml in such a manner as to result in a total sample representative of the wastewater discharge during the sample period. The Director may designate the most appropriate method (specific number andsize of aliquots necessary, the time interval between grab samples, etc.) on a case -by -case basis. Samples may be collected manually or automatically. Composite samples may be obtained by the following methods: (1) Continuous: a single, continuous sample collected over a 24-hour period proportional to the rate of flow. (2) Constant time/variable volume: a series of grab samples collected at equal time intervals over a 24 .hour period of discharge and combined proportional to the rate of flow measured at the time of individual sample collection; ,or (3) .Variable time/constant volume: a series of grab samples of equal volume collected over a 24 hour period with the time intervals between samples determined by a preset number of gallons passing the sampling point. Flow measurement between sample intervals shall be determined by use of a flow recorder and totali?er, and the preset gallon interval between sample collection fixed at no greater than 1/24 of the expected total daily flow at the treatment system, or (4) Constant time/constant volume: a series of grab samples of equal volume collected over a 24-hour period at a constant time interval. This method may only be used in situations where effluent flow rates vary less than 15 percent. The grab samples shallbe taken at intervals! of no greater than 20 minutes apart during any 24-hour period and must be of equal size and of no less than 100 milliliters. Use of this method requires prior approval by the Director. Version 6/20/2003 NPDES Permit Requirements Page 2 of 16 In accordance with' (4) above, influent grab samples" shall not be collected:rnore than, once per hour. Effluent grab samples shall not be collected more than once per hourexcept at wastewater treatment systems having a detention time of greater than 24 hours. In such cases, .effluent grab samples may be collected at intervals evenly spaced over the 24-hour period" that are equal in number of hours to the detention time of the system in number of days. However; the interval between effluent grab samples may not` exceed six hours nor the number of samples less than four during a 24-hour sampling: period. Continuous flow measurement Flow monitoring that occurs without interruption throughout the operating, hours of the facility. Flowshall be monitored continually except for the infrequent times when theremay be -no flow or for infrequent maintenance activities On the flow device. Daily Discharge • The discharge of a pollutant measured during a calendar day or any 24-hour period that reasonably representsthe calendar day for purposes, of sampling. For pollutants measured in units of mass;the "daily discharge" is calculated as ,the total mass of the pollutant -discharged over the day. The '"daily discharge" concentration comprises the mean concentration, for a 24-hour sampling period as either a composite sample concentration or the arithmetic, mean of all grab samples collected during that period.'(40 CFR 122.3) Daily Maximum The highest "daily discharge" during the calendar month: Daily Sampling Parameters requiring daily sampling shall be sampled 5 out of every 7 days per week unless otherwise specified in the permit.. The Division expects that sampling shall be conducted on weekdays except where holidays or other disniptions of normal operations prevent weekday sampling.. If sampling is required for all severidays of the week for any permit parameter(s), that requirement will be so noted on the Effluent Limitations and Monitoring Page(s).. DWQ or -"the Division" The Division of Water Quality, Department of Environment and Natural Resources. EMC The North Carolina Environmental Management Commission. Facility Closure, The cessation of wastewater treatment at a permitted facility,_ or the cessation of all activities that requirecoverage under the NPDES. Completion of facility closure will allow,this permit to be rescinded. Geometric Mean . The Nth root of the product of the individual values where N = the :number ofindividual values. For purposes of calculating the geometric mean, values of "0" (or "< [detection level].") shall be considered .=1.. Grab: Sample Individual samples of at least 100 ml collected over a period of time not exceeding 15 minutes. .,Grab "samples can be collected manually. Grab samples must be representative of the discharge (or thereceiving stream, for iristream samples). Hazardous Substance Any substance designated under 40 CFR Part 116 pursuant to Section 311 of the Clean Water Act. Instantaneous flow measurement A measure of flow taken at the tithe of sampling, when both the sample` and flow will be representative'of the total discharge.. - Version-6/20/2003 NPDES Permit Requirements Page 3of16 Monthly Average (concentration limit) The arithmetic mean of all "daily discharges" of a pollutant measured during the calendar month. In the case of fecal coliform, the geometric mean of such discharges. Permit Issuing Authority The Director of the Division of Water Quality. Quarterly Average (concentration limit) The average of all samples taken over a calendar quarter. Severe property damage Substantial physical damage to property, damage to the treatment facilities which causes them to become inoperable, or substantial and permanent loss of natural resources which can reasonably be expected to occur in the absence of a bypass. Severe property damage excludes economic loss caused by delays in p Induction. Toxic Pollutant: Any pollutant listed as toxic under Section 307(a)(1) of the Clean Water Act. Upset An incident beyond the reasonable control of the Permittee causing unintentional and temporary noncompliance with permit effluent limitations and/or monitoring requirements. An upset does Inot include noncompliance caused by operational error, improperly, designed treatment facilities, inadequate treatment facilities, lack of preventive maintenance, or careless or improper operation. Weekly Average (concentration limit) The arithmetic mean of all "daily discharges" of a pollutant measured during the calendar week. In the case of fecal coliform, the geometric mean of such -discharges. Section B. General Conditions 1. Duty to Comply The Permittee must comply with all conditions of this permit. Any permit noncompliance constitutes a violation of the Clean Water Act and is grounds for enforcement action; for permit termination; revocation and reissuance, or modification; or denial of a permit renewal application [40 CFR 122.411i, a. The Permittee shall comply with effluent standards or prohibitions established under section 307(a) of the Clean Water Act for toxic pollutants and with standards for sewage sludge use or disposal established under section 405(d) of the Clean Water Act within the time provided in the regulations that establish these standards or prohibitions or standards for sewage sludge use or disposal, even if the permit has not yet been modified to incorporate the requirement. b. The Clean Water Act provides that any person who violates section 301, 302, 306, 307, 308, 318 or 405 of the_ Act, or any permit condition or limitation implementing any such sections in a permit issued under section 402, or any requirement imposed in, a pretreatment program approved under sections 402(a)(3) or 402(b)(8) of the Act, is subject to a civil penalty not to exceed $25,000 per day;for each violation. [40 CFR 122.41 (a) (2)] c. The Clean Water Act provides that any person who negligently violates sections 301, 302, 306, 307, 308, 318, or 405 of the Act, or any condition or limitation implementing any of such sections in a permit issued under section 402 of the Act, or any requirement imposed in a pretreatment program approved under section 402(a)(3) or 402(b)(8) of the Act, is subject to criminal penalties of $2;500 to $25,000 per day of violation, or imprisonment of not more than 1 year, or both. In the case of a second or subsequent conviction for a negligent violation, a person shall be subject to criminal penalties of not more than $50,000 per day of violation, or by imprisonment of not more than 2 years, or both. [40 CFR 122.41 (a) (2)] Version 6/20/2003 NPDES Permit Requirements Page 4 of 16 g• d. Any person who knosvingly violates such sections, or such conditions or limitations is subject to criminal penalties of $5,000 to $50,000 per day of violation, or imprisonment for not more than 3 years, or both. In the case of a second or subsequent conviction for a knowing violation, a person shall be subject to criminal penalties of not more than $100,000 per day of violation, or imprisonment of not more than 6 years, or both. [40 CFR 122.41 (a) (2)] e. Any person who knowingly violates section 301, 302, 303, 306, 307, 308, 318 or 405 of the Act, or any permit condition or limitation implementing any of such sections in a permit issued under section 402 of the Act, and who knows at that time that he thereby places another person in imminent danger of death or serious bodily injury, shall, upon conviction, be subject to a fine of not more than $250,000 or imprisonment of not more than 15 years, or both. In the case of a second or subsequent conviction for a knowing endangerment violation, a person shall be subject to a fine of not more than $500,000 or by imprisonment of not more than 30 years, or both. An organization, as defined in section 309(c)(3)(B)(iii) of the CWA, shall, upon conviction of violating the imminent danger provision, be subject to a fine of not more than $1,000,000 and can be fined up to $2,000,000 for second or subsequent convictions. [40 CFR 122.41 (a) (2)] f. Under state law, a civil penalty of not more than $25,000 per violation may be assessed against any person who violates or fails to act in accordance with the terms, conditions, or requirements of a permit. [North Carolina General Statutes § 143-215.6A] Any person may be assessed an administrative penalty by the Administrator for violating section 301, 302, 306, 307, 308, 318 or 405 of this Act, or any permit condition or limitation implementing any of such sections in a permit issued under section 402 of this Act. Administrative penalties for Class I violations are not to exceed $10,000 per violation, with the maximum amount of any Class I penalty assessed not to exceed $25,000. Penalties for Class II violations are not to exceed $10,000 per day for each• day during which the violation continues, with the maximum amount of any Class II penalty not to exceed $125,000. [40 CFR 122.41 (a) (3)] 2. Duty to Mitigate The Permittee shall take all reasonable steps to minimize or prevent any discharge or sludge use or disposal in violation of this permit which has a reasonable likelihood of adversely affecting human health or the environment [40 CFR 122.41 (d)]. 3. Civil and Criminal Liability Except as provided in permit conditions on "Bypassing" (Part II. C. 4), "Upsets" (Part II. C. 5) and "Power Failures" (Part II. C. 7), nothing in this permit shall be construed to relieve the Permittee from any responsibilities, liabilities, or penalties for noncompliance pursuant to NCGS 143-215.3, 143-215.6 or Section 309 of the Federal Act, 33 USC 1319. Furthermore, the Permittee is responsible for consequential damages, such as fish kills, even though the responsibility for effective compliance may be temporarily suspended. 4. Oil and Hazardous Substance Liability Nothing in this permit shall be construed to preclude the institution of any legal action or relieve the Permittee from any responsibilities, liabilities, or penalties to which the Permittee is or may be subject to under NCGS 143- 215.75 et seq. or Section 311 of the Federal Act, 33 USG 1321. Furthermore,. the Permittee is responsible for consequential damages; such as fish kills, even though the responsibility for effective compliance may be temporarily suspended. 5. Property Rights The issuance of this permit does not convey any property rights in either real or personal property, or any exclusive privileges, nor does it authorize any injury to private property or any invasion. of personal rights, nor any infringement of Federal, State or local laws or regulations [40 CFR 122.41 (g)]. 6. Onshore or Offshore Construction This permit does not authorize or approve the construction of any onshore or offshore physical structures or facilities or the undertaking of any work in any navigable waters. Version 6/20/2003 NPDES Permit Requirements Page 5 of 16 7. Severability The provisions of this permit are severable. If any provision of this permit, or the application of any provision of thi permit to any circumstances, is held invalid, the application of such provision to other circumstances, and the remainde of this permit, shall not be affected thereby [NCGS 150B-23]. 8. Duty to Provide Information The Permittee shall furnish to the Permit Issuing Authority, within a reasonable time, any information which the Permit Issuing Authority may request to determine whether cause exists for modifying, revoking and reissuing, or terminating this permit or to determine compliance with this permit. The Permittee shall also furnish to the Permit Issuing Authority upon request, copies of records required by this permit [40 CFR 122.41 (h)]. 1. 9 Duty to Reapply I' If the Permittee wishes to continue an activityregulated by this permi.permit after the expiration date of this permit, the Permittee must apply for and obtain a new permit [40 CFR 122.41 (b)]. 1 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. p. Any Permittee that has not requested renewal at least 180 days prior to expiration, or any Permittee that does not have a permit after the expiration and has not requested renewal at least 180 days prior to expiration, will subject the Permittee to enforcement procedures as provided in NCGS 143-215.6 and 33 USC 1251 et. seq. 11. Signatory Requirements All applications, reports, or information submitted to the Permit Issuing Authority shall be signed and certified [40 CFR 122.41 (k)]. a. All permit applications shall be signed as follows: (1) For a corporation: by a responsible corporate officer. For the purpose of this Section, a responsible corporate officer means: (a) a president, secretary, treasurer or vice president of the corporation in charge of a principal business function, or any other person who performs similar policy or decision making functions for the corporation, or (b) the manager of one or more manufacturing, production, or operating facilities, provided, the manager is authorized to make management decisions which govern the operation of the regulated facility including having the explicit or, implicit duty of making major capital investment recommendations, and initiating and directing other comprehensive measures to assure long term environmental compliance with environmental laws and regulations; the manager can ensure that the necessary systems are established or actions taken to gather complete and accurate information for permit application requirements; and where authority to sign documents has been assigned or delegated to the manager in accordance with corporate procedures . (2) For a partnership or sole proprietorship: by a general partner or the proprietor, respectively; or (3) For a municipality, State, Federal, or other public agency: by either a principal executive officer or ranking elected official [40 CFR 122.22]. b.. All reports required by the permit and other information requested by the Permit Issuing Authority shall be signed by a person described in paragraph a. above or by a duly authorized representative of that person. A person is a duly authorized representative only if: 1. The authorization is made in writing by a person described above; 2. The authorization specified either an individual or a position ,'having responsibility for the overall operation of the regulated facility or activity, such as the position of plant manager, operator of a well or well field, superintendent, a position of equivalent responsibility; or an individual or position having overall responsibility for environmental matters for the company. ,(A duly authorized representative may thus be either a named individual or any individual occupying a named position.); and 3. The written authorization is submitted to the Permit Issuing Authority [40 CFR 122.22] Version 6/20/2003 NPDES Permit Requirements Page 6 of 16 c. Changes to authorization: If an authorization under paragraph (b) of this section is no longer accurate because a different individual or position has responsibility for the overall operation of the facility, a new authorization satisfying the requirements of paragraph (b) of this section must,be submitted to the Director prior to or together with any reports, information, or applications to be signed by an authorized representative [40 CFR 122.22] d. Certification. Any person signing a document under paragraphs a. or b. of this section shall make the following certification [40 CFR 122.22]: "1 certify, under penalty of law, that this document and all attachments were prepared under my direction or supervision in accordance with a system designed to assure that qualified personnel properly gather and evaluate the information submitted. Based on my inquiry of the person or persons who manage the system, or those persons directly responsible for gathering the information, the information submitted is, to the best of my knowledge and belief, true, accurate, and complete. 1 am aware that there are significant penalties for submitting false information, including the possibility of fines and imprisonmentfor knowing violations." 12. Permit Actions This permit may be modified, revoked and reissued, or terminated for cause. The filing of a request by the Permittee for a permit modification, revocation and reissuance, or termination, or a notification of planned changes or anticipated noncompliance does not stay any permit condition [40 CFR 122.41 (f)]. 13: Permit Modification. Revocation and Reissuance. or Termination The issuance of this permit does not prohibit the permit issuing authority from reopening and modifying the permit, revoking and reissuing the permit, or terminating the permit as allowed by the laws, rules, and regulations contained in Title 40, Code of Federal Regulations, Parts 122 and 123; Title 15A of the North Carolina Administrative Code, Subchapter 2H .0100; and North Carolina General Statute 143-215.1 et. al. 14. Annual Administering and Compliance Monitoring Fee Requirements The Permittee must pay the .annual administering and compliance monitoring fee within thirty days after being billed by the Division. Failure to pay the fee in a timely manner in accordance with 15A NCAC 2H.0105 (b) (4) may cause this Division to initiate action to revoke the permit. Section C. • Operation and Maintenance of Pollution Controls 1. Certified Operator Upon classification of the permitted facility by the Certification Commission, the Permittee shall employ a certified water pollution control treatment system operator in responsible charge (ORC) of the water pollution control treatment system. Such operator must hold a certification of the grade equivalent to or greater than the " classification assigned to the water pollution control treatment system by the Certification Commission. The Permittee must also employ one or more certified Back-up .ORCs who possess a currently valid certificate of the type of the system. Back-up ORCs must possess a grade equal to (or no more than one grade less than) the grade of the system [15A NCAC 8G.0201]. The ORC of each Class I facility must: ➢ Visit the facility at least weekly ➢ Comply with all other conditions of 15A NCAC 8G.0204. The ORC of each Class II, III and IV facility must: ➢ Visit the facility at least daily, excluding weekends and holidays ➢ Properly manage and document daily operation and maintenance of the facility ➢ Comply with all other conditions of 15A NCAC 8G.0204. Once the facility is classified, the Permittee shall submit a letter to the Certification Commission designating the operator in responsible charge: a. Within 60 calendar days prior to wastewater being introduced into a new system Version 6/20/2003 NPDES Permit Requirements Page7of16 b. Within 120 calendar days of: ➢ Receiving notification of a change in the classification of the. system requiring the designation of a new ORC and back-up ORC > A vacancy in the position of ORC or back-up ORC. 2. Proper Operation and Maintenance The Permittee shall at all times provide the operation and maintenance resources necessary to operate the existing facilities at optimum efficiency. The Permittee shall at all times-properly;oper' ate and maintain all facilities and systems of treatment and control (and related appurtenances) which are 1.installed or used by the Permittee to achieve compliance with the conditions of this permit. Proper operation and maintenance also includes adequate laboratory controls and appropriate quality assurance procedures. This provision requires the Permittee to install and operate backup or auxiliary facilities only when necessary to achieve compliance with the conditions of the permit [40 CFR 122.41 (e)]. I' 3. Need to Halt or Reduce not a Defense It shall not be a defense for a Permittee in an enforcement action that it iiwould have been necessary to halt or reduce the permitted activity in order to maintain compliance with the condition of this permit [40 CFR 122.41 (c)] • I' 4. Bypassing of Treatment Facilities a. Bypass not exceeding limitations [40 CFR 122.41 (m) (2)] The Permittee may allow any bypass to occur which does not cause effluent limitations to be exceeded, but only if it also is for essential maintenance to assure efficient operation. !;These bypasses are not 'subject to the provisions of Paragraphs b. and c. of this section. b. Notice [40 CFR 122.41 (m)' (3)] (1) Anticipated bypass. If the Perm ittee knows in advance of the need for a bypass, it shall submit prior notice, if possible at least ten days before the date of the bypass; including an evaluation of the anticipated quality and effect of the bypass. (2) Unanticipated bypass. The Permittee shall submit notice of an unanticipated bypass as required in Part II. E. 6. (24-hour notice). c. Prohibition of Bypass 'I (1) Bypass from the treatment facility is prohibited and the Permit Issuing Authority may take enforcement action against a Permittee for bypass, unless: (A) Bypass was unavoidable to prevent loss of life, personal injury or severe property damage; (B) There were no feasible alternatives to the bypass, such as the.use of auxiliary treatment facilities, retention of untreated wastes or maintenance during normal periods of equipment downtime. This condition is not satisfied if adequate backup equipment should have been installed in the exercise of reasonable engineering judgment to prevent a bypass which' occurred during normal periods of equipment downtime or preventive maintenance; and (C) The Permittee submitted notices as required under Paragraph t. of this section. (2) Bypass from the collection system is prohibited and the Permit Issuing Authority may take enforcement action against a Permittee for a bypass as provided in any current or future system -wide collection system permit associated with the treatment facility. (3) The Permit Issuing Authority may approve an anticipated bypass, after considering its adverse effects, if the Permit Issuing Authority determines that it will meet the three conditions listed above in Paragraph c. (1) of this section. 5. Upsets a. Effect of an upset [40 CFR 122.41 (n) (2)]: An upset constitutes an affirmative defense to an action brought for noncompliance with such technology based permit effluent limitations if the requirements of paragraph b. of this condition are met. No determination made during administrative review of claims that Version 6/20/2003 NPDES Permit Requirements Page 8of16 noncompliance was caused by upset, and before an action for noncompliance, is final administrative action subject to judicial review. b. Conditions necessary for a demonstration of upset: A Permittee who wishes to establish the affirmative defense of upset shall demonstrate, through properly signed, contemporaneous operating logs, or other relevant evidence that: (1) An upset occurred and that the Permittee can identify the cause(s) of the upset; (2) The Permittee facility was at the time being properly operated; and (3) The Permittee submitted notice of the upset as required in Part II. E. 6. (b) (B) of this permit. (4) The Permittee complied with any remedial measures required under Part II. B. 2. of this permit. d. Burden of proof [40 CFR 122.41 (n) (4)]: The Permittee seeking to establish the occurrence of an upset has the burden of proof in any enforcement proceeding. 6. Removed Substances Solids, sludges, filter backwash, or other pollutants removed in the course of treatment or control of wastewaters shall be utilized/disposed of in accordance with NCGS 143-215.1 and in a manner such as to prevent any pollutant from such materials from entering waters of the State or navigable waters of the United States. The Permittee shall comply with all existing Federal regulations governing the disposal of sewage sludge. Upon promulgation of 40 CFR Part 503, any permit issued by the Permit Issuing Authority for the utilization/disposal of sludge may be reopened and modified, or revoked and reissued, to incorporate applicable requirements at 40 CFR 503. The Permittee shall comply with applicable 40 CFR 503 Standards for the Use and Disposal of Sewage Sludge (when promulgated) within the time provided in the regulation, even if the permit is not modified to incorporate the requirement. The Permittee shall notify the Permit Issuing Authority of any significant change in its sludge use or disposal practices. 7. Power Failures - The Permittee is responsible for maintaining adequate safeguards (as required by 15A NCAC 2H.0124 — Reliability) to prevent the discharge of untreated or inadequately treated wastes during electrical power failures either by means of alternate power sources, standby generators or retention of inadequately treated effluent. Section D. Monitoring and Records 1. Representative Sampling Samples collected and measurements taken, as required herein, shall be characteristic of the volume and nature of the permitted discharge. Samples collected at a frequency less than daily shall be taken on a day and time that is characteristic of the discharge over the entire period the sample represents. All samples shall be taken at the monitoring points specified in this permit and, unless otherwise specified, before the effluent joins or is diluted by any other wastestream, body of water, or substance. Monitoring points shall not be changed without notification to and the approval of the Permit Issuing Authority [40 CFR 122.41 (j)]. 2. Reporting Monitoring results obtained during the previous month(s) shall be summarized for each month and reported on a monthly Discharge Monitoring Report (DMR) Form (MR 1, 1.1, 2, 3) or alternative forms approved by the Director, postmarked no later than the 28th day following the completed reporting period. The first DMR is due on the last day of the month following the issuance of the permit or in the case of a new facility, on the last day of the month following the commencement of discharge. Duplicate signed copies of these, and all other reports required herein, shall be submitted to the following address: NC DENR / Division of Water Quality / Water Quality Section ATTENTION: Central Files 1617 Mail Service Center Raleigh, North Carolina 27699-1617 Version 6/20/2003 NPDES Permit Requirements Page 9 of 16 3. Flow Measurements Appropriate flow measurement devices and methods consistent with accepted scientific practices shall be selected and used to ensure the accuracy and reliability of measurements of the volume of monitored discharges. The devices shall be installed, calibrated and maintained to ensure that the accuracy of the measurements is consistent with the accepted capability of that type of device. Devices selected sha11 be capable of measuring flows with a maximum deviation of less than 10% from the true discharge rates throughout the range of expected discharge volumes. Flow measurement devices shall be accurately calibrated at a minimum of once per year and maintained to ensure that the accuracy of the measurements is consistent with the accepted capability of that type of device. The Director shall approve the flow measurement device and monitoring location prior to installation. Once -through condenser cooling water flow monitored by pump logs, or pump hour meters as specified in Part I of this permit and based on the manufacturer's pump curves shall not be subject to this requirement. 4. Test Procedures Test procedures for the analysis of pollutants shall conform to the EMC regulations (published pursuant to NCGS 143-215.63 et. seq.), the Water and Air Quality Reporting Acts, and to regulations published pursuant to Section 304(g), 33 USC 1314, of the Federal Water Pollution Control Actl(as Amended), and 40 CFR 136; or in the case of sludge use or disposal, approved under 40 CFR 136, unless otherwise specified in 40 CFR 503, unless other test procedures have been specified in this permit [40 CFR 122.41]. To meet the intent of the monitoring required by this permit, all test' procedures must produce minimum detection and reporting levels that are below the permit discharge requirements and all data generated must be reported down to the minimum detection or lower reporting level of the procedure. If no approved methods are determined capable of achieving minimum detection and reporting levels below permit discharge requirements, then the most sensitive (method with the lowest possible detection and reporting level) approved method must be used. 5. Penalties for Tampering The Clean Water Act provides that any person who falsifies, tampers with, or knowingly renders inaccurate, any monitoring device or method required to be maintained under this permit shall, upon conviction, be punished by a fine of not more than $10,000 per violation, or by imprisonment for not more than two years per violation, or by both. If a conviction of a person is for a violation committed after a first conviction of such person under this paragraph, punishment is a fine of not more than $20,000 per day of violation; or by imprisonment of not more than 4 years, or both [40 CFR 122.41]. 6. Records Retention Except for records of monitoring information required by this permit related to the Permittee's sewage sludge use and disposal activities, which shall be retained for a period of at least five years (or longer as required -by 40 CFR 503), the Permittee shall retain records of all monitoring information, including. ➢ all calibration and maintenance records ➢ all original strip chart recordings for continuous monitoring instrumentation ➢ copies of all reports required by this permit ➢ copies of all data used to complete the application for this permit These records or copies shall be maintained for a period of at least 3. years from the date of the sample, measurement, report or application. This period may be extended by request of the Director at any time [40 CFR 122.41]. 7. Recording Results For each measurement or sample taken pursuant to the requirements of this permit, the Permittee shall record the following information [40 CFR 122.41]: a. The date, exact place, and time of sampling or measurements; b. The individual(s) who performed the sampling or measurements; c. The date(s) analyses were performed; d. The individual(s) who performed the analyses; Version 6/20/2003 NPDES Permit Requirements Page 10 of 16 e. The analytical techniques or methods used; and f. The results of such analyses. 8. Inspection and Entry The Pernittee shall allow the Director, or an authorized representative (including an authorized contractor acting as a representative of the Director), upon the presentation of credentials and other documents as may be required by law, to; a. Enter upon the Permittee's premises where a regulated facility or activity is located or conducted, or where records must be kept under the conditions of this permit; . - b. Have access to and copy, at reasonable times, any records that must be kept under the conditions of this permit; c. Inspect at reasonable times any facilities, equipment (including monitoring and control equipment), practices, or operations regulated or required under this permit; and d. Sample or monitor at reasonable times, for the purposes of assuring permit compliance or asotherwise authorized by the Clean Water Act, any substances or parameters at any location [40 CFR 122.41 (i)]. -Section E' Reporting Requirements 1. Change in Discharge All discharges authorized herein shall be consistent with the terms • and"conditions of this permit. The discharge of any pollutant identified in this, permit more frequently than or at a level in excess of that authorized shall constitute a violation of the permit. 2 Planned Changes The Permittee shall give notice to the Director as soon as possible of any planned . physical alterations or addition's to ,the permitted facility [40 CFR 122.41 (1)]. Notice is required only when: a. The alteration or addition to a: permitted facility may meet one of the criteria for new sources at 40 CFR 122.29, (b); or b. The alteration or addition could significantly change the nature or increase the, quantity of pollutants discharged. This notification applies to pollutants subject neither to effluent limitations in the permit, nor to notification requirements under 40 CFR 122.42: (a) (1).. • c. The alteration or addition results in a significant change in the Permittee's sludge use or disposal practices, and such alternation, 'addition or change may justify the application of permit conditions that are different from or absent in the existing permit, including notification of additional use or disposal sites not reported during the permit application process or not reported pursuant to an approved land application plan. 3. Anticipated Noncompliance The Permittee shall give advance notice to 'the Director of any planned changes to the permitted, facility or other activities that might result in noncompliance with the permit [40 CFR 122.41 (1) (2)]. 4. Transfers This permit is not transferable to any person except 'after notice to the Director. The Director may require modification or revocation and reissuance of the permit to document the change of ownership. Any such action may incorporate other requirements as may be necessary under the Clean Water Act [40 CFR 122.41 (1) (3)]. . 5. ' Monitoring Reports Monitoring results shall be reported at the intervals specified elsewhere in this permit [40 CFR 122.41 (1) (4)]. a. Monitoring results must be reported on a Discharge Monitoring Report (DMR) (See Part II: D. 2) or forms provided by the Director for reporting results of monitoring of sludge use or disposal practices. b. If the Permittee monitors any pollutant more frequently than required by this permit, the results of such monitoring shall be included in the calculation and reporting of the data submitted on the DMR. Version 6/20/2003 NPDES Permit Requirements Page 11 of 16 6. Twenty-four hIour Reporting a. The Permittee shall report to the Director or the appropriate Regional Office any noncompliancethat potentially` threatens public health or the environment. Any information shall be provided orally within 24 hours from the time the-Permittee became aware of the circumstances. A written submission shall also be provided within 5 days of the time the Permittee becomes aware; of, the circumstances. The written submission shall contain a description of the noncompliance, and its; cause; the period of noncompliance, including exact dates and times, and if the noncompliance has not been 'corrected, the anticipated time it is expected to continue; and steps taken or planned to reduce, eliminate; and prevent reoccurrence of the noncompliance [40 CFR 122.41 (1) (6)]. b. The Director may waive the written report on a case -by -case basis for reports under this section if the oral report has been received within 24 hours. c. Occurrences outside normal business hours may also be reported to' the Division's Emergency Response personnel at (800) 662-7956, (800) 858-0368 or (919) 733-3300. 7. Other Noncompliance The Permittee shall report all instances of noncompliance not reported -under Part II. E. 5 and 6. of this permit at the time monitoring reports are submitted. The reports shall contain thei;information listed in Part II. E. 6. of this permit [40 CFR 122.41 (1) (7)]. 8. Other Information Where the Permittee becomes aware that it failed to submit any relevant facts in a permit application, or submitted incorrect information in a permit application or in any report to J the Director, it shall promptly submit such facts or information [40 CFR 122.41 (1) (8)]." 9. Noncompliance Notification The Perittee 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 or , 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 pumpsL 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. i , Persons reporting such occurrences by telephone shall also file a written report within 5 days following first knowledge of the occurrence. 10. Availability of Reports Except for data determined to be confidential under NCGS 143-215.3 (a)(2)t'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 documentsubmittedor required to be maintained under this permit, including monitoring reports or reports of compliance or noncompliance shall, upon conviction, be punished by "a fine of Version 6/20/2003 NPDES Permit Requirements'_ Page 12;of 16 not more than $25,000 per, violation,or by imprisonment for not more _ than two years per violation, or by both [40 CFR 122.41]. •Annual Performance Reports Permittees'who own or operate facilities that collect or treat 'municipal "or domestic waste shall provide an annual report to the Permit Issuing Authority -and to the users/customers served by the Permittee (NCGS.143-215.1C). The report shall summarize the performance of the collection or treatment system, as well as the extent to which the facility was compliant with applicable Federal or State laws, regulations and rules pertaining to water quality. Thereport' shall be provided no later than sixty days after the end of the calendar or fiscal:year, depending upon which anrival'period is used for evaluation: PART III OTHER REQUIREMENTS Section A. Construction T'he.Pernuttee shall not commence construction of wastewater treatment facilities, nor add to the plant's treatment capacity, nor change the treatment process(es)'utilized at the treatment plant unless the Division has issued an Authorization to Construct (AtC) permit.. Issuance of an AtC will not occur until Final Plans and Specifications for the proposed construction have been submitted by the Permit'tee and approved' by -the Division. Section B. Groundwater Monitoring :The Permittee shall, upon written notice from the Director of the Division of Water Quality, conduct groundwater monitoring as may be required to determine the compliance of this NPDES permitted facility with the current • groundwater standards. Section C. Changes in Discharges of Toxic Substances The .Permittee shall notify the Permit Issuing Authority as soon, as it knows or has reason to believe (40„CFR 122.42): 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 bier (100 µg/L) (2) Two hundred micrograms per liter (200 µg/L for' acrolein and acrylorile; five hundred micrograms ' per liter (500 µg/L) for 2.4-dinitrophenol and fornit 2-methyl-4:6-dinitrophenol; and one milligram per liter (1_mg/L) for antimony; (3) Five -times the maxtrnum concentration value reported for that pollutant in the permit application. b. That any activity has occurred or, will occur' which would result in any discharge; on a non -routine 'or infrequent basis, of a toxic pollutant which is: knot limited' in the permit, if that discharge will exceed the .. highest of the. following "notification levels"; (1) Five hundred Micrograms per liter (500 µg/L); (2) One milligram per liter (1 Mg/L) -for antimony; (3) Ten times the maximum concentration value reported for that pollutant in the permit application., Section D. Evaluation of Wastewater Discharge Alternatives The Pernuttee shall'evaluate all wastewater disposal alternatives and pursue the most environmentally sound alternative of the reasonably cost effective alternatives. If the facility is in substantial non-compliance with the terms and conditions' of the NPDES permit or governing rules, regulations or laws, ;the Permittee shall submit a report in such form and detail as required by the Division evaluating these alternatives arid a plan of action within 60 days of notification by the Division. Section E. Facility Closure Requirements The.Permittee must notify the Division at least 90 days prior to the closure of any wastewater treatment system covered by this permit. The Division may require specific measures during deactivation of the system to prevent. Version 6/20/2003 NPDES Permit Requirements Page 13 of 16 adverse impacts to waters of the State. This permit cannot be rescinded while any'activities requiring this permit continue at the permitted facility. !li j PART IV SPECIAL CONDITIONSFOR MUNCIPAL FACILITIES Section A. Publicly Owned Treatment Works (POWs) • • 1 All POTWs must provide adequate notice to the Director of the following. I 1. Any new introduction of pollutants into the POTW from an indirect discharger which would be subject to section 301 or 306 of CWA if it were directly discharging those pollutants; and 2. Any substantial change in the volume or character of pollutants being introduced by an indirect discharger as influent to that POTW at the time of issuance of the perinit. ! 3. For purposes of this paragraph, adequate notice shall include information on (1) the quality and quantity of effluent introduced into the POTW, and (2) any anticipated impact of the change on the quantity or quality of effluent to.be.discharged from the POTW. 11 Section B. Municipal Control of Pollutants from Industrial Users. • 1. Effluent limitations are listed in Part I of this permit. Other pollutants attributable to inputs from industries using the municipal system may be present in the Permittee's discharge. At such time as sufficient information becomes available to establish limitations for such pollutants, this permit may be revised -Jo specify effluent limitations for any or all of such other pollutants in accordance with best practicable technology or water quality standards. 1 1 2. Under no circumstances shall the . Permittee allow introduction of the following wastes in the waste treatment system: I - a. Pollutants which create a fire or explosion hazard in the POTW, including, but not limited to, • wastestreams with a closed cup flashpoint. of _less than 140 degrees Fahrenheit or 60 degrees Centigrade using the test methods specified in 40 CFR 261.21;ii • , b. Pollutants which will cause corrosive structural damage to the POTW, but in no case Discharges with pH lower than 5.0, unless the works is specifically designed to, accommodate such Discharges; - c. • Solid - or viscous pollutants 'in amounts which will cause of struction to the . flow in the POTW resulting in Interference; d.. Any pollutant; including oxygen demanding pollutants (BOD,!'etc.) released in a Discharge at a flow rate and/or pollutant concentration which will cause Interference with the POTW; e. Heat in amounts which will inhibit biological activity in the PIOTW resulting in- Interference, but in no case heat in such quantities that the temperature at the.POTW Treatment Plant exceeds 40°C (104°F) unless the Division, upon request of the POTW, approves: alternate temperature limits; f. Petroleum oil, nonbiodegradable cutting oil, or products of mineral oil origin in amounts that will cause interference or pass through; • . li . I Pollutants which result in the presence of toxic gases,' vapo!rs, or fumes within the POTW in a quantity that may cause acute worker health and safety problems; h. . Any trucked or hauled pollutants, except at discharge points designated by 'the POTW. 3. With regard to the effluent • requirements listed in Part. I of this 'permit; it may be necessary for the Permittee to supplement the requirements of the Federal -Pretreatment; Standards (40 CFR, Part 403) to ensure compliance by the Permittee with all applicable effluent limitations. Such actions by the Permittee may be necessary regarding some or all of the industries discharging to the municipal system. I. 4. The, Permittee shall require any industrial discharges sending influent',to the' permitted system to meet Federal Pretreatment Standards promulgated in response to Section1307(b) of the Act. Prior to accepting wastewater from any significant industrial user, the Permittee shall ieither develop and submit tothe g• Version 6/20/2003 NPDES Permit Requirements Page 14 of 16 Division a Pretreatment Program for approval per 15A NCAC 2H .0907(a) or modify an existing Pretreatment Program per 15A: NCAC 2H .0907(b). 5. This permit shall be modified, or; alternatively, revoked and reissued, to incorporate or modify an approved POTW Pretreatment :Program or to include a compliance schedule for the development of a POTW Pretreatment Program as . required under 'Section' 402(b)(8) of the Clean Water. Act and , implementing regulations or by the requirements of the approved State pretreatment program, as appropriate. Section C. Pretreatment Programs -.•a Under authority of sections 307(b) and'(c) and 402,(b)(8) of the Clean Water Act and implementing regulations 40 CFR Part 403, North Carolina Generale Statute 143-215.3 (14) arid implementing regulations 15A NCAC 2H '.0900, arid ,in accordance with the approved pretreatment program, all provisions and regulations contained and referenced in the Pretreatment Program Submittal are an -enforceable part of this permit. The Permittee shall operate its approved pretreatment prograrn in accordance with Section 402(6)(8) of the'Clean Water Act, the Federal Pretreatment Regulations 40 CFR Part403, the State Pretreatment_:Regulations 15A NCAC 2H '.0900, and the legal authorities, policies, procedures; and financial provisions contained in its pretreatment program submission and Division approved modifications there of Such operation shall include but is not limited to the implementation of the following conditions and requirements:, 1. Sewer Use Ordinance (SUO) The Permittee shall maintain adequate legal authority to implement itsapproved pretreatment program. 2. _ Industrial Waste Survey (IWS) The Permittee shall update its` Industrial Waste Survey (IWS) to include all users of the sewer collection system at least once every fiveyears. 3. Monitoring Plan • - ; The Permittee shall implement a Division approved Monitoring Plan for the collection of facility specific data to:,be usedin a wastewater treatment. plant Headworks Analysis '(HWA), for the development of specific pretreatment local limits. Effluent data from the Plan shall be reported on the DMRs (as required by Part II, Section D, and Section E.5.). 4' Headworks Analysis (HWA) and Local Limits The, Permittee shall obtain Division approval of a Headworks Analysis (FHA) at least once every five years,- and as required by the Division. Within 180 days of the effective date of this permit (or any subsequent permit; modification) the Permittee shall submit to the. Division .a written technical evaluation of the need to revise local bruits (i.e.; an updated HWA or' documentation of why one is not needed) [40 CFR 122.42]. The Permittee shall develop, in accord ance with 40 'CFR 403.5(c) and 15A NCAC 2H .0909, specific Local Limits to implement the prohibitions listed in 40 CFR 403`.5(a) arid (b) and 15A NCAC 2H .0909.. 5.. Industrial User PretreatmentPerniits (IUP) &'Allocation Tables In accordance with-NCGS 143-215.1, the Permittee'shall issue to all significant industrial users, permits for -operation of pretreatment equipment and discharge to the Perrriittee's treatment works. These permits shall contain limitations, sampling protocols, 'reporting requirements, ''appropriate standard and special. conditions, and compliance schedules as necessary for the installation of treatment and control technologies to assure that their wastewater discharge will meet all applicable pretreatment standards and requirements. The Permittee shall maintain a current Allocation Table (AT)- which summarizes the results of the `Headworks Analysis (HWA) and the :limits, from all Industrial User Pretreatment Permits • (IUP). Permitted IUP loadings for each,: parameter cannot exceed the treatment capacity of the POTW as determined by the HWA. Version 6/20/2003 NPDES Permit Requirements Page 15 of 16 6. Authorization to Construct (A to C) The Permittee shall ensure that an Authorization to Construct permit (AtC) is issued to all applicable industrial users for the construction or modification of any pretreatment facility. Prior to the issuance of an AtC, the proposed pretreatment facility and treatment process must be evaluated for its capacity to comply with all Industrial User Pretreatment Permit (IUP) limitations. 7. POW Inspection & Monitoring of their SIUs The Permittee shall conduct inspection, surveillance, and monitoring activities as described in its Division approved pretreatment program in order to determine, independent of information supplied by industrial users, compliance with applicable pretreatment standards. The Permittee must: a. Inspect all Significant Industrial Users (SIUs) at least once per 'calendar year; and b. Sample all Significant Industrial Users (SIUs) at least twice per calendar year for all permit - limited pollutants, once during the period from' January 1 I through June 30 and once during the period from July 1 through December 31, except for organic compounds which shall be sampled once per calendar year; 8. SIU Self Monitoring and Reporting The Permittee shall require all industrial users to comply with the applicable monitoring and reporting requirements outlined in the Division approved pretreatment program, the industry's pretreatment permit, or in 15A NCAC 2H .0908. 9. Enforcement Response Plan (ERP) The Permittee shall enforce and obtain appropriate remedies for violations of all pretreatment standards promulgated pursuant to -section 307(b) and (c) of the Clean Water Act (40 CFR 405 et. seq.), prohibitive discharge standards as set forth in 40 CFR 403.5 and 15A NCAC 2H .0909, and specific local limitations. All enforcement actions shall be consistent with the Enforcement Response Plan (ERP) approved by the Division. 10. Pretreatment Annual Reports (PAR) The Permittee shall report to the Division in accordance with 15A NCAC 2H .0908. In lieu of submitting annual reports, Modified Pretreatment Programs developed under 15A NCAC 2H .0904 (b) may be required to meet with Division personnel periodically to discuss enforcement of pretreatment requirements and other pretreatment implementation issues. For all other active pretreatment programs, the Permittee shall submit two copies of a Pretreatment Annual Report (PAR) describing its pretreatment activities over the previous twelve months to the Division at the following address: NC DENR / DWQ / Pretreatment Unit 1617 Mail Service Center Raleigh, NC 27699-1617 These reports shall be submitted according to a schedule established by the Director and shall contain the following a.) Narrative A brief discussion of reasons for, status of, and actions taken for all Significant Industrial Users (SIUs) in Significant Non -Compliance (SNC); b.) Pretreatment Program Summary (PPS) A pretreatment program summary (PPS) on specific forms approved by the Division; c.) Significant Non -Compliance Report (SNCR) The nature of the violations and the actions taken or 'proposed to correct the violations on specific forms approved by. the Division; d.) Industrial Data Summary Forms (IDSF) Version 6/20/2003 e.) NPDES Permit Requirements Page 16 of 16 Monitoring data from samples collected by both the POTW and the Significant Industrial User (SIU). These analytical results must be reported on Industrial Data Summary Forms (IDSF) or other specific format approved by the Division; Other Information Copies of the POTW's allocation table, new or modified enforcement compliance schedules, public notice of SIUs in SNC, and any other information, upon request, which in the opinion of the Director is needed to determine compliance with the pretreatment implementation requirements of this permit; 11. Public Notice The Permittee shall publish annually a list of Significant Industrial Users (SIUs) that were in Significant Non -Compliance (SNC) as defined in the Permittee's Division approved Sewer Use Ordinance with applicable pretreatment requirements and standards during the previous twelve month period. This list shall be published within four months of the applicable twelve-month period. 12. Record Keeping The Permittee shall retain for a minimum of three years records of monitoring activities and results, along with support information including general records, water quality records, and records of industrial impact on the POTW. 13. Funding and Financial Report The Permittee shall maintain adequate funding and staffing levels to accomplish the objectives of its approved pretreatment program. 14. Modification to Pretreatment Programs Modifications to the approved pretreatment program including but not limited to local limits modifications, POTW monitoring of their Significant Industrial Users (SIUs), and Monitoring Plan modifications, shall be considered a permit modification and shall be governed by 15 NCAC 2H .0114 and 15A NCAC 2H .0907. Version 6/20/2003 FAX .TRANsM sSIQN' QENR.:.. FAYE T TEVILLE:REGIONAL OFFICE FAYETTEVILLE, NORTHCAROLINA 28301-5043 VOICE: 910-486-1541 Fax: 910-4 86-0707- Fax #; 91/f) 7.5' 3 - ifs, , Pages jincluding cover): f CON1i'r1E `JTS: 7:106 @thy a /5t, tplY ./Adie Ate& Michael F. Easley Governor. William G. Ross, Jr., Secretary North Carolina Department of Environment and Natural Resources Alan W. Klimek, P.E., Director Division of Water Quality July 20, 2005 Mr. M. Alan Thornton, Town Manager P.O. Box 459 Erwin, North Carolina 28339 r. RECEIVED JUL 21 2005: DENR-FAYE1 TEVIl1E REGIOVALOFFICE Subject:NPDES Draft Permit Permit No. NC0001406 Former Swift Textile WWTP Harnett County I; Dear Mr. Thornton: Please find enclosed the DRAFT permit for the subject wastewater treatment plant for your review and comment. The permit was modified to, reflect the current use of the facility. The previous permit had limits based on effluent guidelines for a textile facility. The proposed permit has limits that correspond to secondary treatment of domestic wastewater. The following modifications are included in the draft permit: • Effluent limitations and monitoring requirements for Outfall 002 were eliminated since the water treatment plant is no longer in operation. • The flow limit was reduced to 0.08 MGD. Due to the ceas'sation of operations of the textile facility the flow tributary to the treatment system was reduced substantially. Historical data indicate that the maximum expected flow is around 0.08 MGD. ■ BOD and TSS limits were modified to 30 mg/L monthly average and 45 mg/L weekly average. These are secondary treatment standards limits. • Total Residual Chlorine (TRC) daily maximum limit of 28 pg/L. The Environmental Management Commission adopted 'a new standard for Total Residual Chlorine and all facilities that didn't have TRC limits will get limits at permit renewal time. A footnote was added to the Effluent Limits and Monitoring Requirements clarifying that monitoring for Total Residual Chlorine is only required if chlorine is used for disinfection. , ' • Monitoring for Total Nitrogen, Total Phosphorus, and Temperature were included in the permit. These are requirements for facilities discharging domestic wastewater. • Limits for COD, Phenols, Sulfides, and Total Chromium,! were eliminated from .the effluent limitations and monitoring requirements. These limits were developed as per effluent guidelines for the dyeing operations for Swift Denim. , • Chronic toxicity monitoring was eliminated from the permit. • Instream monitoring is waived as long as the town is a member of the Cape Fear Basin Association.. No a Carolina aturally North Carolina Division of Water Quality 1617 Mail Service Center Raleigh, NC 27699-1617 ; Phone (919) 733-5083 Customer Service Internet h2o.enr.state.nc.us 512 N. Salisbury St. Raleigh, NC 27604 ; FAX (919) 733-0719 . 1-877-623-6748 An Equal Opportunity/Affirmative Action Employer— 50% Recycled/10% Post Consumer Paper Permit No: NC0001406 Town of Erwin Page ° 2 ■. A special condition is .included . in the permit describing requirements to bed completed in the event that, the facility resumes manufacturing, changes itsuse or changes ownership. Please provide any comments you have regarding the draft permit to this office i • by August 25, 2005 At this time, the Division is also publishing a notice in the newsphapers of; general circulation in Harnett County, inviting public comment on the draft- permit: Following the 30-day comment period, we 'will review all pertinent comments received and take appropriate action on the permit renewal. • If you have- any questions concerning the draft permit or the other requirements for your facility, please call me at (919) 733-5083, extension 553. Sincerely, Teresa Rodriguez, P.E. NPDES Unit Cc: NPDES Files (Fayetteville Regional Office,_ Water Quality-j Fayetteville Regional office, Division of -Environmental Health Permit No. NC0001406 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 provisions of North Carolina General Statute 143-215.1, other lawful standards and regulations promulgated and adopted by the North Carolina Environmental Management Commission, and the Federal Water Pollution Control Act, as amended, it Town of Erwin is• hereby authorized to discharge wastewater from a facility located at Former Swift Textiles WWTP �; 200 North Burlington Avenue & West "E" Street Erwin Harnett County it to receiving waters designated as the Cape Fear River in the Cape Fear River Basin in accordance with effluent limitations, monitoring requirements, and other conditions set forth in Parts I, II, III, and IV hereof. 1 The permit shall become effective. This permit and the authorization to discharge shall expire at midnight Signed this day. DRAFT on September 30, 2006. Alan W. Klimek, P.E., Director Division of Water Quality By Authority of the Environmental iManagement Commission Permit No. NC0001406 SUPPLEMENT TO PERMIT COVER SHEET All previous NPDES Permits issued to this facility, whether for operation or discharge are hereby revoked. As of this permit issuance, any previously issued permit bearing this number is no longer effective. Therefore, the exclusive authority to operate and discharge from this facility arises under the permit conditions, requirements, terms,and provisions included herein. Town of Erwin is hereby authorized to: 1. Continue to operate an existing 2.5 MGD wastewater treatment facility, at a monthly average flow not exceeding 0.08 MGD, located at the former Swift Textile facility, 200 North Burlington Avenue & "E" Street, Erwin, Harnett County, and consisting of the following wastewater treatment components: • Mechanical bar screen ■. Mechanical grit chamber • Influent recording flow measurement ■ Influent pH adjustment ■ Parallel aeration basins ■ Polymer feed system ■. Dual clarifiers • Effluent Flow Meter • Sludge storage tank ■ Sludge mixing/thickening tank • Belt filter press 2. Discharge from said treatment works, through outfall 001, into Cape Fear River, a Class WS-V water in the Cape Fear River Basin, at the location specified on the attached map. Receiving Stream: Cape Fear River Stream Class: WS-V Latitude: 78° 42' 00" N Longitude: 35° 19' 02" W Drainage Basin: Cape Fear River Sub -Basin: 03-06-13 Porter Chapel NPDES. Permit No. NC0001406 Harnett County Permit No. NC0001406 A (1.) EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS Beginning on the effective date of this permit and lasting until expiration, the Permittee is authorized to discharge treated wastewater from Outfall 001. Such discharges shall be limited and monitored by the Permittee as specified below: f # i 4'mFli.�fY? TZ�}.4✓'.: .St r h t: { § l.x . ' t°•S #k,.i :^#''k '.`, ks.y, t= EFFLUENT LIMITATIONS l l- v"$`,"t},t MONITORING �t'Hf�{ i5 3t {a #iy REQUIREMENTS tt"f EFFLUENT CHARACTERISTICS ' ", t ){y 'r iis^..41iki �. 9F �J a..7s d. ,,r �. iz _x• �_�; .. ._.�.. sr.. n.5xn ,d,. ra Monthly Average s�'. ��z".yx .>, �,1xxti.....�y �� r ' Weekly{ Average n an.+. �..-s�-...,M,.n.k_� r �< Daily Maiumum �s _. _.. !;.�_ Measu'rerienl FrequencyTYPe < Z _, _...*as�M.�.wL :.,. K_.. ` Sample• u ..r .. .....�... �'..._ ' Sample Location i S w �.-. arcs .cr... ,�4.� Flow 0.08 MGD Continuous Recording I or E BOD5 30 mg/1 45 mg/1 Weekly Composite E,I Total Suspended Solids2 , 30 mg/1 45 mg/1 Weekly Composite E,I NH3N 2/Month Composite E Total Residual Chlorine3 28 µg/1 2/week - Grab E - Fecal Coliform (geometric mean) 200/100 ml 400/100 ml Weekly Grab E pH4 Weekly Grab E Dissolved Oxygen5 Weekly Grab E Temperature (°C) Weekly Grab E Total Nitrogen (NO2N + NO3N + TKN) Monthly Composite E Total Phosphorus Monthly Composite E Dissolved Oxygen6 3/Week6 Grab U, D Temperature (OC)6 3/Week6 Grab U, D Notes: 1. Sample locations: E- Effluent, I- Influent, U — at least 100 yards upstream of the outfall, D- Cape Fear River at Highway 217. 2. The monthly average effluent BOD5 and TSS concentrations shall not exceed 15% of the respective influent value (85% removal). 3. Total Residual Chlorine requirements shall apply only if chlorine is added to the effluent. The limit will take effect 18 months after the effective date of the final permit. 4. The pH shall not be less than 6.0 standard units nor greater than 9.0 standard units. 5. The daily effluent dissolved oxygen concentration shall not be less than 5.0 ing/1. 6. Instream sampling (U, D) is waived as long as permittee retains membership in the Middle Cape Fear River Basin Association (MCFRBA), which is conducting a coordinated instream monitoring effort. If the permittee leaves the MCFRBA, instream monitoring shall begin immediately according to the requirements above, with instream samples collected 3/Week (June -Sept.) and 1/Week (Oct. -May). There shall be no discharge of floating solids or visible foam in other than trace amounts. Permit No. NC0001406 A. (2.) CHANGE IN OWNERSHIP OR USE OF THE FACILITY In the event that the facility changes' ownership or a change in use of the facility is anticipated, the permittee shall submit a request for permit modification including the following documentation at least 180 days prior to the start of operations:, 1. If manufacturing or other activities are resumed at the site, a description of the manufacturing processes or activities, products, and expected annual production. 2. Flow diagram indicating process and wastewater flow volumes. 3. Proposed treatment and characteristics of the wastewater to be discharged. 4. Description of any planned expansions or upgrades to the treatment facilities. 5. Engineering Alternatives Analysis of wastewater disposal alternatives including a flow justification, the connection to an existing municipal waste treatment facility and non -discharge alternatives. 6. If the facility is sold a name ownership change form and required documentation shall be submitted to the Division. i No additional discharge is authorized until theeffective date of thepermit modification.. DENR / DWQ / NPDES Unit FACT SHEET FOR NPDES PERMIT DEVELOPMENT NPDES. Permit No. NC0001406 11: Facilityiailliiiti,sn ,),,,,,,,,..,:-.,„,,,,, Applicant/Facility,: 6:1-661t,,i6-,-,,,:_ Town of Erwin /Former Swift Textile Site VVVVTP. 'vi'-'zi.-K'g .Applicantdress 4;i.',V3 =!•,7.•,',:: P 0• Box 459, Erwin, NC 28339 1 •• : • ,-,gf6iii-'1- l'ieVs'chi.W.:4;f,$,:aRi, 200 North Burlington & "E",Street, Erwin, NC. 28339. ;eiffiitteFlow '',4:i.,-,.-•K:'- Existing permit 2.5 MGD, proposed 0.08'. MGD.• . ,.„ :•!:i i•-•'clii„."':ge:tel:Eit' ,.' ,,4:-;.- . - _Dometic. -1 Facility -,- Class I I .^,.:_ta•,•14,.,,.%iS :County4,.,, Harnett • F;aCilifii,St4111ip-,.. :i " ,,7-: .., .Renewal/Mod - -•,,-,-,-- — -,- - "_-_,-, •.5.„•-.•-., •,,•:,Ty4.. '..,,,OgiotIO9fticq:5----f,.0-,t Fayetteville v -,Z14-IPtlii`;'•,„,„ '''• '"'‘ ;•-•'''';'''':, ,!,' - ,::••,••,.:,-••iti4:7•,••11,..,,,,,v,-.1i• Ilfe‘rii4'.1:44:c0441.'.'.•:',,-;.,`,F,•,„•0.1 ••4CeiVi,fg:tit0a c., Cape Fear River .s! cation,`-g----------;.,, , .,„ IN S-V. .. , 7.,..i0figgfig4',,tg...4:77',73 3760 . 7feihidei.f5eirit-1;,,fie Cape Fear S---,,,,-,--A.-. 6.-riiiiigV . -.!:(6)„-.,' ,7-t•T.:,:i 586 (min release) -.; 0--- opirpar,_.,,,,A)% 030613. . 71061:.::: -'' 0-$1:0V.:Fiii::=5 EStream Index ;‘.-,, . 18416.7) 246 y , tit.*::-.:.514.:erni; ,,..?-,....... ):LiPtk. .N0 Ai614.10,,t10:t0tAT:2f:1:1 •-1,.-Zl's., a_,$..,tatpk,Gridiivig.-.1..;„r.:tA F24NE ' ' 7' ' IWC - 0 .„-, /, .„.„.„ -...., , ,,,,,:.- ..., „, ,.• ,,,,„ ' ' '14' 0.02 at 0.08MGD. 'MGD 0 66 at 2.5. ,' Lf8GS'',..17606 Quad -, , zAinaNgivt,IA.n.:,•;,.`,,, Erwin IL • - • • Summary This permit renewal inclUdes a name/ownership, 'changelrOin Swift Textiles, Inc .•••.,. to the Town of Erwin. The Swift Denitn-thgnufacturing.facilfty. ceI'esed the. denim dyeing operations. in December 2000. In .2001 the: Town of Erwin 'begannegOtiafignsto. purchase. • the facility. from Swift Denim, which included the water treatment plant, water pump. station • and wastewater treatment plant.. The purchase. was. completed in 2004. The curient•ownei- ii • of the facility is. the. Town of Erwin. • • The permit included two. outfalls, outfall 001. covered the discharge from the. WWTP, and. outfall. 002 . covered the. discharge of backwash from the. WTP. The town is operating the WWTP. The plant receives domestic wastewater from approximately 15. homes. in the old • mill village part of the. Town. of Erwin. The WTP. is. not in operatiOn. !The town is now in negotiations. with Harnett County to sell its utility infrastructure, including the. Swift facility. • .! The existing limits. on the. Swift Textile permit were basedon. efflu'frit guidelines for textile • .. facilities. Since the. town is only using the WWTP. to, treat domestic wastewaters the permit is being modified to. eliminate. limits associated with the textile facility. and . include limits representing secondary treatment of domestic wastewater. ,1•'; • • . - • . .•, • Facility Description The wastewater treatment'plant has a capacitytof'2.5 MGD. and consists of a mechanical bar screen, mechanical grit chamber, influent recording flow Fact Sheet Renewal -- NPDES Permit NC0001406 Page measurement, influent pH adjustment, parallel aeration basins, polymer feed system, dual clarifiers, effluent flow meter,. sludge storage tank, digester and belt filter press. Basin Plan —. The Cape. Fear River is. impaired form Grays Creek to Lock and Dam #3 because of chlorophyll -a violations. A permitting strategy is in place to implement nutrient controls for new and expanding discharges: > New discharges: (summer limits) TN = 6 mg/L, TP = 2 mg/L • Expanding discharges: the greater of either a) freezing current nutrient mass loadings using actual flows and actual nutrient concentration; or b) mass nutrient loadings based on permitted expansion flow and concentrations of TN = 6 mg/L and. TP = 2 mg/L... .. For other oxygen consuming wastes the. permitting strategy recommends the following:..... ➢. New or expanding. municipal discharges > 1. MGD - BOD5 = 5 mg/Li NH3-N. =.1 mg/L <.1. MGD. -. BOD5 = 12 mg/L,. NH3-N = 2 mg/L New industrial discharges >.1 MGD. - BOD5. = 5. mg/L, NH3-N = 1 mg/L <.1 MGD,_ BOD5. = 5 mg/L,. NH3-N =. 2 mg/L • Expanding industrial discharges: Specific best available technology or BOD5 = 5 mg/L and NH3-N. =. 2 mg/L. A TMDL will be developed which may require further reductions in nutrients from permitted. facilities upstream of the. dam... The. Swift facility is not expanding at the. moment and. is not considered a new facility therefore. the strategy will not apply at this permit renewal.. This strategy or a subsequently approved TMDL may be implemented. upon permit renewal. . Facility classification - The. Swift Textile. WWTP was classified as a major industrial facility. A reclassification was done following the EPA NPDES permit rating worksheet, the. permit was reclassified. to a minor municipal. The. system was.aiso. reclassified according to. 15A NCAC 8G 0.0302,. Classification of Biological Water Pollution Control Treatment. Systems.. An. activated. sludge treatment system with a flow. Tess than 0.5. MGD. is given a Class II classification. Compliance Review. - Monthly DMR data show compliance with the current permit limits. Permit Condition. Changes. Comments BOD Monthly average 30 mg/L Weekly average . 45 mg/L Secondary treatment standards TSS Monthly average 30 mg/L Weekly average 45 mg/L Secondary treatment standards TRC Daily maximum 28 pg/L TRC policy Flow Monthly average 0.08 MGD The current use of the WWTP is for the treatment of domestic wastewater from residences. It also receives substantial I/1. From historical records, the maximum expected flow is approximately 0.08 MGD. Fact Sheet Renewal -- NPDES NC0001406 Page 2 Fecal Coliform Monthly average 200/100 ml Weekly average 400/100 ml Requirement for facilities discharging domestic wastewater I . TN, TP Monitor Requirement for facilities discharging domestic wastewater DO, temp Monitor Requirement for facilities discharging domestic wastewater COD, Phenols, Sulfide, Total Chromium Eliminate limits These limits were based on effluent facilities. guideline for textile Instream monitoring Eliminate monitoring for - conductivity, waive instream monitoring Conductivity monitoring is not required for domestic wastewater. As members of the Cape Fear River Associations the facility will not have to monitor instream. Chronic Toxicity Eliminate limit As a minor facility with no complex wastewater, they don't need to do toxicity testing. l Monitoring Frequencies According to Class The facility was re-classified to a' Grade II, sampling frequencies are being implemented accordingly. Outfall 002 -. This outfall covered the discharge. from the water filters' backwash. The WTP is. no longer in operation therefore. theoutfall. will be eliminated from the permit.. Draft Permit to. Public Notice: Permit Scheduled to. Issue:. July 20, 2005 September 1�2, 2005. PROPOSED SCHEDULE OF ISSUANCE NPDES UNIT CONTACT If you havequestions regarding any of theabove information or on 'the. attached permit, please contact Teresa Rodriguez at (919). 733-5083 ext. 553. i; , ' NAME:. Y✓�-�-; . . DATE:. 1'9/Ic/03 Regional, Office. Comments it NAME:. DATE: NPDES SUPERVISOR: DATE:. Fact Sheet . Renewal -- NPDES NC0001406 Page 3