HomeMy WebLinkAboutNC0001406_NPDES Permit Mod_20010228Kt-
ATA
NCDENR
:al Mr. Carlton Williams
Swift Textiles
200 North 13th Street
Erwin, North Carolina 28339
Dear Mr. Williams: '
Michael F. Easley
Governor
William G. Ross, Jr., Secretary
North Carolina Department of Environment and Natural Resources
Kerr T. Stevens, Director
'Division of Water Quality
February 28, 2001
F!CID:
4AR.132001
FAY ' TEV LL E
REG. OFFICE
Subject: NPDES Permit Modification
Permit NC0001406
Erwin Mills 'plant
Harnett County.
Your company's Director of Safety, Health & Environment, Mr. Bailey Barefoot, has requested an extension of
the permit expiration date for the Erwin Mills plant. Based on the information provided in his request, Division
personnel do not object to it. This permit modification extends the permit expirationldate for the subject permit to
March 31, 2002.
,I
If. Swift Textiles completes the sale of the Erwin Mills plant to the Town of Erwin (or any other buyer), the new
owner must complete and return the enclosed Name and; Ownership change form alongwith the required supporting
docurnent(s) listed on the form; The new owner will also need to submit a, revised NI?DES,permit application for the
facility, documenting any changes in the wastewater to be treated & discharged from the Erwin -Mills plant. If the -sale
is not completed, Swift Textiles must submit a complete renewal application package no later than October 2, 2001.
Please find enclosed the revised page. The revised page. should be inserted into your permit. The old page may
then be discarded. All other terms and conditions contained in the original permit remain unchanged and in full
effect. This permit modification is issued under the requirements of North Carolina General Statutes 143-215:1 and
the Memorandum of Agreement between North Carolina and the U.S. Environmental Protection Agency.
, If any parts, measurement frequencies or sampling requirements contained in'this permit modification are
unacceptable to you, you have the right to an adjudicatory hearing upon written request within thirty (30) days
. following receipt of this letter. This request must be a written petition conforming to, Chapter 150B of the North
Carolina General Statutes, filed with the Office of Administrativellearings (6714 Mail Service Center, Raleigh, North
Carolina 27699-6714). Unless such demand is made, this decision shall -be -final and binding. If you have any
questions concerning this permit modification, please contact Charles Weaver at (919)I 733-5083, extension 511.
cc: Central Files
'Fa}eite- illc Regional=Office, Wares Qu lit%Sectioni;
Point Source Compliance Enforcement Unit
NPDES Unit
1617 Mail Service Center, Raleigh, North Carolina 27699-1617
An Equal Opportunity Affirmative Action Employer
Sincerely,
Kerr T. Stevens .
Telephone (919) 733-5083 . ;i FAX (919) 733-0719
VISIT US ON THE INTERNET @ http, //h2o.enr.state.nc.us/NPDES
Permit NC0001406
STATE OF NORTH CAROLINA
DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES
DIVISION OF WATER QUALITY
PERMIT
a ; I: ,TO DISCHARGE WASTEWATER UNDER THE
NATIONAL:POLLUTANT DISCHARGE ELIMINATION SYSTEM
In compliance with the provision of North Carolina General Statute 143-215.1, other lawful standards and regulations
promulgated and adopted by the North Carolina Environmental Management Commission, and the Federal Water Pollution
Control Act, as amended,
Swift Textiles
is hereby authorized to discharge wastewater from a facility located at the
Erwin Mills WWTP
200 North 13th 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 forth in Parts I,
II, III and IV hereof.
This permit shall become effective March 1, 2001.
This permit and authorization to discharge shall expire at midnight on March 31, 2002.
Signed this day February 28, 2001.
91 Kerr T. Stevens, Director
Division of Water Quality
By Authority of the Environmental Management Commission
SwiftTwaile§
•9;
Subject: Swift Textiles
Date: Mon, 19 Feb 2001 10:50:08 -0500
From: Belinda Henson <Belinda.Henson@ncmail.net>
Organization: NC Dept. of Environment and Natural Resources
To: DAVID GOODRICH <DAVID.GOODRICH@ncmail.net>
CC: Kitty Kramer <Kitty.Kramer@nariail.net>
Dave,
Swift Textiles -Harnett County -Permit No,. NC0001406 has askel for a 6
month extension of the permit to allow negotiations to be completed for
the Town of Erwin to take ownership of this facility as per
'correspondence dated February 7, 2001 which was sent to you. Talked
with Paul about this and we do not have a problem with allm4ing the 6
Month extension from Fayetteville. Regional Office. Thank yOu.
Belinda
-J
(
1 of 1
02/19/2001 10:50 AM
Box1400
a Gaffey.& Lord Company
February-7, .2001
[r.-David Goodrich ,
N.C. Division of Water Quality
• P.O. BoX 29535 . ,
Raleigh; NC 27626-0535 ..
:`: •Permit No.-N(0001406- ,
Swift Textiles
`Harnett'County
Dear *. Goodrich: ,
'As you are aware the Swift facility in Erwin, NC has' been closed. As 1part of this action,
Swift is negotiatmg with the, Town. of Erwin to allow the Town to convert the,Wastewate
.Treatment Plant and'operate it''as .a POTW. These efforts are going to take' several •
months'to complete , ' •
Columbus GA'31902-1400
a)
tel: 706.324.3623
ll P1Q,—aR GCE, �-erl� �.
Cot, ,4 Eru
k ; 6;
, The, operations of the WWTP: haveb,een reduced',significantly. There are no operational
•
discharges to the system.'.There is a'flow of less than 50,000 gallons per .day made of ••
primarily clean spring: water that hasbeen part of the flow since the weave plant was
added to the system iri the, early:1980.'s:
r
Swift:must:submit an, application to continue the permit by April 30, 2001' to maintain the..
;permit.'. Since it is unlikely thatthese,negotiations `will be.finalized •by April,30, Swift
•Textiles is requesting that. a six-(6)''month extension of thepermit be granted: This will
allow the negotiations to be•corripleted:._We: do expect the Town to.take ownership of the;
WWTP, which will them to seek anewperinit. 1
Thank you for considering this request.:.To discuss or. gam additional it formation please
i
':contact:me,at-the above, address,'call at 706-571-8485, or e-mail at .
bailey barefoot@swiftdenim.com: -
Sincerely,
Bailey 'Btrefoot'
Director, Safety,:Health.& Environment ,
. Paul Rawls, Fay,,etteville`Regional:Office'
denim in any language
State of North Carolina
Department of Environment
and Natural Resources
Division of Water Quality
James B. Hunt, Jr., Governor
Bill Holman, Secretary
Kerr T. Stevens, Director
Mr. Carlton Williams
Swift Textiles
200 North 13th Street
Erwin, NC 28339
Dear Mr. Williams:
NOV 2 0 2000
FAY ETTEVdLL.
RE(?, 13OFFtcp
August 18, 2000
Atucv
Alove pre
CDENR
NORTH CAROLINA DEPARTMENT OF
ENVIRONMENT AN D NATURAL RESOURCES
Subject: NPDES Permit Modification
Permit NC0001406
Erwin Mills
Harnett County
The Division is beginning the cycle of permit renewals for the Cape Fear river basin. An examination of the Cape
Fear basin plan and the NPDES permit schedule has revealed that the existing expiration dates in Cape Fear NPDES
permits do not coincide with the revised permit expiration dates for the basin. This discrepancy could create unnecessary
delays in the processing of over 200 permit renewals. Accordingly, the Division is changing the permit expiration dates for
NPDES permits in the Cape Fear river basin.
This permit modification changes the expiration date of the subject permit in subbasin 30613 to September 30, 2001.
Please find enclosed the revised permit cover page. Insert the new cover page into ;your permit and discard the old page.
All other terms and conditions contained in the original permit remain unchanged'andin full effect. This permit .
modification is issued under the requirements of North Carolina General Statutes 143-215.1 and the Memorandum of
Agreement between North Carolina and the U. S. Environmental Protection Agency.
In accordance with the modification of the permit expiration date, the new due date for your renewal application is
April 3, 2001. Renewal application forms will be sent to you approximately 6-8 weeks in advance of the new due date or
you may download the forms from the NPDES web site at http://h2o.enr.state.nc.us/NPDES/documents.html. You
will need to download Standard Form C. If you have already submitted a permit renewal form, there is no need to
submit any other forms to the Division; the application will be processed during the renewal period for your subbasin.
If any part of this permit modification are unacceptable to you, you have the right to an adjudicatory hearing upon
written request within thirty (30) days following receipt of this letter. This request must be a written petition conforming
to Chapter 150B of the North Carolina General Statutes, filed with the Office of Administrative Hearings (6714 Mail
Service Center, Raleigh, North Carolina 27699-6714). Unless such demand is made, this decision shall be final and binding.
If you have any questions concerning this permit modification, please contact Natalie Sierra at (919) 733-5083,
extension 551.
cc: Central Files
Niueft v" a: g'ao, MftinVEBE11117A13
Point Source Compliance Enforcement Unit
NPDES Unit
1617 Mail Service Center, Raleigh, North Carolina 27699-1617
Sincerely,
1414vrA---
Kerr T. Stevens
Telephone (919) 733-5083 FAX (919) 733-0719
An Equal Opportunity Affirmative Action Employer VISIT US ON THE INTERNET @ http://h2o.enr.state.nc.Us/NPDES
pY'
Permit NC0001406
STATE OF NORTH CAROLINA
DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES
DIVISION OF WATER QUALITY
PERMIT
TO DISCHARGE WASTEWATER UNDERI THE
NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM
In compliance with the provision of North Carolina General Statute 143-215.1, other lawful
standards and regulations promulgated and adopted by the North Carolina Environmental
Management Commission, and the Federal Water Pollution Control Act, as amended,
' I
Swift Textiles
is hereby authorized to discharge wastewater from a facility located at the
Erwin Mills
200 North 13thStreet
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 forth in Parts I, II, III and IV hereof.
This permit shall become effective September 1, 2000.
This permit and authorization to discharge shall expire at midnight on September 30,
2001.
Signed this day August 18, 2000.
Kerr T. Stevens, r irector
Division of Water Quality
By Authority of the Environmental Management Commission
State of North Carolina
Department of Environment
and Natural Resources
Division of Water Quality
James B. Hunt, Jr., Governor
Wayne McDevitt, Secretary= -
A. Preston Howard, Jr., P.E., Director
Mr. Carlton Williams
Swift Textiles, Inc.
200 North 13th Street
Erwin, North Carolina 28339
Dear Mr. Williams:
ECND ••
CDE R
(NORTH CAROLINA DEPARTMENT OF
ENVIRONMENT AND NATURAL RESOURCES
SEP 0 8 1998
FAYETTEVIL.LE
REG. CF► 1 E
August 27, 1998
Subject: Implementation of Middle Cape Fear River Basin Association
NPDES Permit Modificationfor Instream Sampling
Permit NC0001406 Erwin Mills
Harnett County
As a participant in the coordinated instream monitoring efforts within the Cape Fear River basin, your facility
entered into an agreement with the North Carolina Department of Environment and Natural Resources (NC
DENR) that provides both parties with aneffectiveenvironmental monitoring tool'. By this letter, NC DENR is
.waiving the instream monitoring requirements specified within the subject permit as of September 1, 1998. The
Memorandum of Agreement (MOA) signed by NC DENR and you (or your representative) identifies the revised
stations, parametric coverage and frequency of analysis required for your facility..
All other terms and conditions contained in the original permit remain unchanged and in full effect. This
permit modification is issued under the requirements of North Carolina General Statutes 143-215.1 and the
Memorandum of Agreement between North Carolina and the U. S. Environmental Protection Agency dated
December 6, 1983 (and as subsequently amended). Should your membership in the MOA be terminated, the
instream monitoring requirements specified in the subject permit will be reinstated. You shall notify the Division
immediately upon termination of membership.
I would like to express my gratitude for the cooperation of all participants in this innovative approach to
environmental monitoring. It is expected that the results of the agreement will effectively contribute to our
understanding of the Cape Fear River Basin ecosystem. We have designated Cathy Tyndall as our primary
contact for issues related to the MOA. She can be reached at (919) 733-6510.
We also look forward to the advances that this cooperative agreement will provide in our management of the
Cape Fear River Basin. We encourage you to contact us should any questions arise regarding the monitoring
efforts or interpretations of the information collected. We will maintain our own series of monitoring stations in
the basin which (when added to the data collected under this MOA) will greatly expand our knowledge of this
ecosystem. We thank you again for your participation and look forward to a successful monitoring effort.
cc: Central Files _
Fayetteville<Regional-Office; Water Quality -Section
NPDES Unit
Cathy Tyndall, Environmental Sciences Branch
P.O. Box 29535, Raleigh, North Carolina 27626-0535
An Equal Opportunity Affirmative Action Employer
Sincerely,
Preston Howard, Jr., P.
Telephone (919) 733-5083 FAX (919) 733-0719
50% recycled / 10% post -consumer paper
State of North Carolina
Department of Environment,
Health and Natural Resources
Division of Water Quality
James B. Hunt, Jr.; Governor
Jonathan B. Howes, Secretary
A. Preston Howard, Jr., P.E., Director
March 31,1997
Mr. Carlton'Williams, Engineering Manager
Swift Textiles, Inc.
200 North 13th Street
Erwin, North Carolina 28339
Dear Mr. Williams:
1-1
ECMVED
APR 041997
FAME. T TE\isLi_. 3
REG. QFFiCE
NPDES Permit Issuance
Permit No. NC0001406
Swift Textiles
Harnett County
In accordance with the discharge per/rift application received on June 14,1996, the
Division is forwarding herewith the subject NPDES 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.
December 6,:1983.
The Division acknowledges your company's concerns with the 3.5 MGD expansion
limits outlined in Drew Woerner's March 10, 1997 letter. As was discussed during the February
5,1997 meeting between Swift Textiles and Division representatives, both parties: agreed to
further examine modeling data and limits development for the Swift Textiles Erwin facility.
Please contact Jason Doll at (919) 733-5083, extension 507, or Steve Bevington, extension 505 to
expedite this process.
Review of the draft permit by the Division indicated that an error had been made in the
Chemical Oxygen Demand (COD) calculationsfor permit 'development. The calculations have
been reworked and the revised COD limits are in the final permit.'
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 writteft.
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, Post Office Drawer 27447, Raleigh, North .
Carolina`27611-7447. Unless'such demand is.made, this decision sl all. be final and binding.
P.O. Box 29535, Raleigh, North Carolina 27626-0535 Telephone 919-733-5083 FAX 919-733-0719
An Equal,Opportunity Affirmative Action Employer 50% recycled/ 10f% post -consumer paper
Mr. Williams
March 31,1997
Page 2
Please take note that this permit is not transferable. Part II, E.4. addresses the
requirements to be followed in case of change in ownership or control of this discharge. 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, or any
other Federal or Local governmental permit that may be required.
If you have any questions concerning this permit, please contact Paul B. Clark at
telephonefnumber: (919) 733-5083, extension 580.
Sincerely,
Origins! Signed By
David A Goodrich
A. Preston Howard, Jr., P.E.
cc: Central Files
Fayetteville_Regional Office,_W.ater Quality Section
Mr. Roosevelt Childress, EPA
Permits and Engineering Unit
Facility Assessment Unit
Aquatic Survey and Toxicology Unit
Permit No. NC0001406
STATE OF NORTH CAROLINA,
DEPARTMENT OF ENVIRONMENT, HEALTH, AND NATURAL RESOURCES
DIVISION OF WATER QUALITY
PERMIT
TO DISCHARGE WASTEWATER UNDER
THE
NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM
In compliance with the provision of North Carolina General Statute 143-2I15.1, other lawful standards
and regulations promulgated and adopted by the North Carolina Environmental Management
Commission, and the Federal Water Pollution Control Act, as amended,
Swift Textiles, Inc.
is hereby authorized to discharge wastewater from a facility located at
Erwin Mills
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 forth in Parts I,
II, III, and IV hereof.
The permit shall become effective' May 1, 1997
This permit and the authorization to discharge shall expire at midnight on July 31, 2001
Signed this day March 31, 1997
Original Signod by
David A. Goodrich
A. Preston Howard, Jr., P.E., Director
Division of Water Quality
By Authority of the Environmental Management Commission
SUPPLEMENT TO PERMIT COVER SHEET
Swift Textile, Inc.
is hereby authorized to:
Permit No. NC0001406
1. Continue to operate 2.5 MGD wastewater treatment facility consisting of influent ammonia
nitrate feed, automatic mechanical bar screen, mechanical grit removal, influent recording
flow measurement, influent pH adjustment, parallel aeration basins utilizing floating surface
aerators, polymer feed system to assist clarification, dual clarifiers, effluent recording flow
measurement, sludge storage tank, a belt type filter press, polymer storage and two sludge
thickening/mixer tanks, pivotingelevated sludge cake conveyor, and sludge storage area
(outfall 001) and discharge filter backwash water from alum sludge settling basins (outfall
002) which are located at Erwin Mills, 200 North Burlington Avenue and West "E" Street,
Erwin, Harnett County (See Part III of this permit), and
2. After receiving an Authorization to Construct, expand wastewater treatment facility's
permitted capacity to 3.5 MGD.
3. Discharge from said treatment works at the locations specified on the attached map into the
Cape Fear River which is classified WS-V waters in the Cape Fear River Basin.
LIGHT -DUTY ROAD, HARD OR
IMPROVED SURFACE
Z....11111..11111
Latitude 35°19'02" Longitude 78°42'00"
Map # F24SW Sub -basin 03-06-13
Receiving Stream Cabe Fear River
Design Q 2.5 MGD Permit expires 7/31/01 .
A (1). EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS
Permit No. NC0001406
During the period beginning on the effective date of the permit and lasting until facility discharges more than 2.5 MGD,,the Permittee is authorized.to discharge
from.outfall serial number 001. Such discharges shall be limited and monitored by the Permittee as specified below:
.Q ify
Aaxim'um
Ibs/day)_.>°
Flow'
2.5 MGD
NJTORIr
Continuous
QUIREMENI
K
ilitiggeo
Recording
BOD; 5-day, 20°C
Total Suspended Solids
COD
850
2175
10575
1700
4350
21150
Daily
Daily
Daily
Composite
Composite
Composite
Phenols
Sulfides
30.0
60.0
152 ug/I
, Weekly
Daily
Grab
Grab
Total Chromium
Dissolved: Oxygen
Temperature
15.0
30.0,
Daily
Daily,
Composite
Grab
E, U, D
Daily
Grab
E, U, D
Conductivity
Total Kjeldahl Nitrogen (TKN)
Total :Nitrogen. (No2+ No3 + TKN)
See Notes 1
Quarterly
Grab
Composite
U, D
E
Quarterly
Composite
Total Phosphorus.
Chrrnc;Toxicity 2
Quarterly
Quarterly
Composite
Composite
Notes: -
1 - Sample locations: E - Effluent, I - Influent,
U - Upstream: at least 100 yards upstream of outfall,
D Downstream: Cape Fear River at Highway 217 bridge. -
Instream monitoring should be grab samples and occur 3/week (June -September) and weekly (October=May).
2 Chronic Toxicity (Ceriodaphnia), P/F at 0.66 %, January, April, July, and October; See Supplement to Effluent Limitations and Monitoring Requirements
Page - Special Conditions for flow of 2.5 MGD.
Permittee shall submit an annual report documentingtoxicity results and process/treatment improvements to address toxicity concerns.
The pH shall not be less than 6.0 standard units nor greater than 9.0 standard units and shall be monitored daily at the effluent by grab sample.
There.shall be no discharge of floating solids or visible foam in other than trace amounts.
A (2) .EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS
Permit. No. NC0001406
During therperiod beginning when facility flow exceeds 2.5 MGD and lasting until expiration, the Permittee is authorized to discharge from outfall serial number
001. Such discharges shall be limited and monitored by the Permittee as specified below: '
Flow
3.5 MGD
N)T.ORIN;
Continuous
UIREMENT
Recording
BOD, 5; day, 20°C
532
1064
Daily
Composite
Total'=Suspended Solids
COD
876
7305
1752
14610
Daily
Daily
Composite
Composite
Phenols
109 ug/I
Weekly
Grab
Sulfides
27.6
55.2
Daily
Grab
Total Chromium
1.3.8
27.6
Daily
Composite
Dissolved - Oxygen
Temperature -
Conductivity
Daily
Grab
E, U, D
Daily
See Notes 1
Grab
Grab
E,U,D.
U, D
Total Kjeldahl Nitrogen (TKN)
Total Nitrogen (NO2+No3+TKN)
Quarterly
Quarterly
Composite
• Composite
E
Total Phosphorus
Chronic Toxicity 2
Quarterly
Composite
Quarterly
Composite
Notes: .
1 Sample locations: E - Effluent, I - Influent,
U. Upstream: at (east 100 yards upstream of outfall, ••
D - Downstream: Cape Fear River at Highway 217:bridge.
Instream 'monitoring should be grab samples and occur 3/week (June -September) and weekly (October -May).
..Chronic Toxicity (Ceriodaphnia),wP_/F.at 0.92 %, January, .April, July, -and October; See Supplement-to.Effluent-Limitations and -Monitoring -Requirements
Page - Special Conditions for flow of 3.5 MGD. -
Permittee shalfsubrriit an annual reportdocumenting toxicity results and process/treatment improvements to address toxicity concerns.
The.pH shall not be less than 6.0,standard units nor. greater than 9.0 standard units and shall be monitored daily at the effluentby grab sample.
There shall be no discharge of floating solids or visible foam in other than trace amounts.
A (M. EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS
Permit No. NC0001406
During,thaperiod beginning on the effective date of the permit and lasting until expiration, the Permittee is authorized to discharge filter from outfall serial
backwash water from alum sludge settling basins at outfall number 002. Such discharges shall be limited and monitored by the Permittee as specified below:
EFFLUENT
R'A CHACTEIRISTI
Dail.
aximum<<-<I
bs.ld aye
Flow
Total Suspended Solids
Settleable- Solids
Turbidity 2
Iron
30.0 mg/I
0.1 ml/I
45.0 mg/1
0.2 ml/I
Weekly
2/month
Weekly
Weekly
Weekly
Instantaneous
Grab
Grab
Grab
Grab
E
E
E
U,D
E
Total Residual Chlorine
Weekly
Grab
E
Aluminum
Weekly
Grab
Notes:
1 :Sample. locations:
E -. Effluent,
U Upstream: at least 100 yards upstream of outfall,
D - Downstream: Cape Fear River at Highway 217 bridge.
? The discharge shall not cause the turbidity of the receiving water to. exceed 50 NTU. If the turbidity exceeds these levels due
to natural background conditions, the discharge level cannot cause any increase in the turbidity of the receiving water.
Allsamplescollected should be of a representative discharge.
The -pH shall not be Tess than 6.0 standard units nor greater than 9.0 standard units and shall be monitored weekly at the effluent by grab sample.
Thereshall be no discharge of floating solids or visible foam in other than trace amounts.
Permit No. NC0001406
SUPPLEMENT TO EFFLUENT LIMITATIONS
AND MONITORING REQUIREMENTS
SPECIAL CONDITIONS for Flow of 2.5 MGD
A(4). CHRONIC TOXICITY PASS/FAIL PERMIT LIMIT (QRTRLY)
The effluent discharge shall at no time exhibit chronic toxicity using test procedures outlined in the "North
Carolina Ceriodaphnia Chronic Effluent Bioassay Procedure," Revised November 1995, or subsequent
versions.
The effluent concentration at which there may be no observable inhibition of reproduction or significant
mortality is 0.66 % (defined as treatment two in the procedure document). The permit holder shall perform
quarterly monitoring using this procedure to establish compliance with the, permit condition. The tests will be
performed during the months of January, April, July, and October. ;Effluent sampling for this testing
shall be performed at the NPDES permitted final effluent discharge below all treatment processes. -
All toxicity testing results required as part of this permit condition will bel entered on the Effluent Discharge
Monitoring Form (MR-1) for the month in which it was performed, using the parameter code TGP3B.
Additionally, DWQ Form AT-1 (original) is to be sent to the following address:
Attention: Environmental Sciences Branch
North Carolina Division of
Water Quality
4401 Reedy Creek Road
Raleigh, North Carolina 27607
Test data shall be complete and accurate and include all supporting chemical/physical measurements performed
in association with the toxicity tests, as well as all dose/response data. Total residual chlorine of the effluent
toxicity sample must be measured and reported if chlorine is employed for disinfection of the waste stream.
Should there be no discharge of flow from the facility during a month in which toxicity monitoring is required,
the permittee will complete the information located at the top of the aquatic toxicity (AT) test form indicating
the facility name, permit number, pipe number, county, and the rrionth/year of the report with the notation of
"No Flow" in the comment area of the form. The report shall be submitted to the Environmental Sciences
Branch at the address cited above.
Should any single quarterly monitoring indicate a failure to meet specified limits, then monthly monitoring will
begin immediately until such time that a single test is passed. Upon passing, this monthly test requirement will
revert to quarterly in the months specified above.
Should the permittee fail to monitor during a month in which toxicity monitoring is required, then monthly
monitoring will begin immediately until such time that a single test is passed. Upon passing, this monthly test
requirement will revert to quarterly in the months specified above.
Should any test data from this monitoring requirement or tests performed by the North Carolina Division of
Water Quality indicate potential impacts to the receiving stream, this permit' may be re -opened and modified to
include alternate monitoring requirements or limits.
NOTE: Failure to achieve test conditions as specified in the cited document, such as minimum control
organism survival, minimum control organism reproduction, and appropriate environmental controls, shall
constitute an invalid test and will require immediate follow-up testing to be completed no later than the last day
of the month following the month of the initial monitoring.
QCL P/F Version 9/96
Permit No. NC0001406
SUPPLEMENT TO EFFLUENT LIMITATIONS
AND MONITORING REQUIREMENTS
SPECIAL CONDITIONS for Flow of 3.5. MGD
A(5). CHRONIC TOXICITY PASS/FAIL PERMIT LIMIT (QRTRLY)
The effluent discharge shall at no time exhibit chronic toxicity using testtprocedures outlined in the "North
Carolina Ceriodaphnia Chronic Effluent Bioassay Procedure," Revised November 1995, or subsequent
versions.
The effluent concentration at which there may be no observable inhibition of reproduction or significant,
mortality is 0.92 % (defined as treatment two in the procedure document). The permit holder shall perform
quarterly monitoring using this procedure to establish compliance with the permit condition. The tests will be
performed during the months of January, April, July, and October. Effluent sampling for this testing
shall be performed at the NPDES permitted final effluent discharge below all treatment processes. -
All toxicity testing results required as part of this permit condition will be entered on the Effluent Discharge
Monitoring Form (MR-1) for the month in which it was performed, using the parameter code TGP3B.
Additionally, DWQ Form AT-1 (original) is to be sent to the following address:
Attention: Environmental Sciences Branch
North Carolina Division of
Water Quality
4401 Reedy Creek Road
Raleigh, North Carolina 27607
Test data shall be complete and accurate and include all supporting chemical/physical measurements performed
in association with the toxicity tests, as well as all dose/response data. Total residual chlorine of the effluent
toxicity sample must be measured and reported if chlorine is employed for disinfection of the waste stream.
Should there be no discharge of flow from the facility during a month in which toxicity monitoring is required,
the permittee will complete the information located at the top of the aquatic toxicity (AT) test form indicating
the facility name, permit number, pipe number, county, and the month/year of the report with the notation of
"No Flow" in the comment area of the form: The report shall be submitted to the Environmental Sciences
Branch at the address cited above...
Should any single quarterly monitoring indicate a failure to meet specified limits, then monthly monitoring will
begin immediately until such time that a single test is passed. Upon passing, this monthly test requirement will
revert to quarterly in the months specified above.
Should the permittee fail to monitor during a month in which toxicity monitoring is required, then monthly
monitoring will begin immediately until such time that a single test is passed. Upon passing, this monthly test
requirement will revert to quarterly in the months specified above.
Should any test data from this monitoring requirement or tests performed by the North Carolina Division of
Water Quality indicate potential impacts to the receiving stream, this permit may be re -opened and modified to
include alternate monitoring requirements or limits.
NOTE: Failure to achieve test conditions as specified in the cited document, such as minimum control
organism survival, minimum control organism reproduction, and appropriate environmental controls, shall
constitute an invalid test and will require immediate follow-up testing to be completed no later than the last day
of the month following the month of the initial monitoring.
QCL P/F Version 9/96
PART I
Section B. Schedule of Compliance
1. The permittee shall comply. with Final Effluent Limitations specified for discharges in accordance
with the following schedule:
Permittee shall comply with Final Effluent Limitations by the effective date of the permit unless
specified below.
I '
2. Permittee shall at all times provide the operation and maintenance necessary to operate the
existing facilities at optimum efficiency.
3. No later than 14 calendar days following a date identified .in the above schedule of compliance,
the permittee shall submit either a report of progress or, in the case of specific actions being
required by identified dates, a written notice of compliance or noncompliance. In the latter case,
the notice shall include the cause of noncompliance, any remedial actions taken, and the
probability of meeting the next schedule requirements.
Part II
Page l of 14
l
PART II
STANDARD CONDITIONS FOR •NPDES PERMITS
SECTION A. DEFINITIONS
1. Permit Issuing Authority
The Director of the Division of Water Quality.
2. DEM or "the Division"
Means the Division of Water Quality, Department of Environment, Health and Natural Resources.
3. FMC
Used herein means the North Carolina Environmental Management Commission.
4. Act or "the Act"
The Federal Water Pollution Control Act, also known as the Clean Water Act, as amended, 33 USC
1251, et. seq.
5. Mass/Day Measurements
a . The "monthly average discharge" is defined as the total mass of all daily discharges sampled
and/or measured during a calendar month on which daily discharges are sampled and
measured, divided by the number of daily discharges sampled and/or measured during such
month. It is therefore, an arithmetic mean found by adding the weights of the pollutant found
each day of the month and then dividing this sum by the number of days the tests were
reported. The limitation is identified as "Monthly Average" in Part I of the permit.
-b. The "weekly average discharge" is defined as the total mass of all daily discharges sampled
and/or measured during the calendar week (Sunday - Saturday) on which daily discharges are
sampled and measured, divided by the number of daily discharges sampled and/or measured
during such week. It is, therefore, an arithmetic mean found by adding the weights of
pollutants found each day of the week and then dividing this sum by the number of days the
tests were reported. This limitation is identified as "Weekly Average" in Part I of the permit.
c. The "maximum daily discharge" is the total mass (weight) of a pollutant discharged during a
calendar day. If only one sample is taken during any calendar day the weight of pollutant
calculated from it is the "maximum daily discharge." This limitation is identified as "Daily
Maximum," in Part I of the permit.
d. The "average annual discharge" is defined as the total mass of all daily discharges sampled
and/or measured during the calendar year on which daily discharges are sampled and
measured, divided by the number of daily discharges sampled and/or measured during such
year. It is, therefore, an arithmetic mean found by adding the weights of pollutants found each
day of the year and then dividing this sum by the number of days the tests were reported. This
limitation is defined as "Annual Average" in Part I of_the permit.
Part II
Page 2 of 14
6. Concentration Measurement
a. The "average monthly concentration," other than for fecal coliform bacteria, is the sum of the
concentrations of all daily discharges sampled and/or measured! during a calendar month on
which daily discharges are sampled and measured, divided by the number of daily discharges
sampled and/or measured during such month (arithmetic mean of the daily concentration
values). The daily concentration value is equal to the concentration of a composite sample or in
the case of grab samples is the arithmetic mean (weighted by flow value) of all the samples
collected during that calendar day. The average monthly count for fecal coliform bacteria is
the geometric mean of the counts for samples collected during a calendar month. This
limitation is _identified as "Monthly Average" under 'Other Limits" in Part I of the permit.
b. The "average weekly concentration," other than for fecal coliform bacteria, is the sum of the
concentrations of all daily discharges sampled and/or measured during a calendar week
(Sunday/Saturday) on which daily discharges are sampled and measured divided by the
number of daily discharges sampled and/or measured during such week (arithmetic mean of the
daily concentration values). The daily concentration value is equal to the concentration of a
composite sample or in the case of grab samples is the arithmetic mean (weighted by flow
value) of all the samples collected during that calendar day. The average weekly count for
fecal conform bacteria is the geometric mean of the counts for I samples collected during a
calendar week. This limitation is identified as "Weekly Average" under "Other Limits" in
Part I of the permit.
c. The "maximum daily concentration" is the concentration of .a pollutant discharge during a
calendar day. If only one sample is taken. during any calendar day the concentration of
pollutant calculated from it is the "Maximum Daily Concentration". It is identified as 'Daily
Maximum" under "Other Limits" in Part I of the permit.
d. The "averageannual concentration," other than for fecal coliform bacteria, is the sum of the
concentrations of all daily discharges sampled and/or measured during a calendar year on
which daily discharges are sampled and measured divided by the number of daily discharges
sampled and/or measured during such year (arithmetic mean ;of the daily concentration
values). The daily concentration value is equal to the concentration of a composite sample or in
the case of grab samples is the arithmetic mean (weighted by flow value) of all the samples
collected during that calendar day . The average yearly count for fecal coliform bacteria is the
geometric mean of the counts for samples collected during a calendar year. This limitation is
identified as "Annual Average" under "Other Limits" in Part I of the permit.
e. The "daily average concentration" (for dissolved oxygen) is the minimum allowable amount of
dissolved oxygen required to be availablein the effluent prior to discharge averaged over a
calendar day. If only one dissolved oxygen sample is taken over a calendar day, the sample is
considered to be the "daily average concentration" for the discharge. It is identified as "daily
average" in the text of Part I.
f. The "quarterly average concentration" is the average of all samples taken over a calendar
quarter. It is identified as "Qtiarterly Average Limitation" in the text of Part I of the permit.
A calendar quarter is defined as one of the following distinct periods: January through March,
April through June, July through September, and October through December.
g•.
Part II
Page 3 of 14
7. Other Measurements
a . Flow, (MGD): The flow limit expressed in this permit is the 24 hours average flow, averaged
monthly. It is determined as the arithmetic mean of the total daily flows recorded during the
calendar month.
b. An "instantaneous flow measurement" is a measure of flow taken at the time of sampling, when
both the sample and flow will be representative of the total discharge.
c. A "continuous flow measurement" is a measure of discharge flow from the facility which occurs
continually without interruption throughout the operating hours of the facility. Flow shall be
monitored continually except for the infrequent times when there may be no flow or for
infrequent maintenance activities on the flow device.
8. Types of Samples
a. Composite Sample: A composite sample shall consist of:
(1) a series of grab samples collected at equal time intervals over a 24 hour period of discharge
and combined proportional to the rate of flow measured at the time of individual sample
collection, or
(2) a series of grab samples of equal volume collected over a 24 hour period with the time
intervals between samples determined by a preset number of gallons passing the sampling
point. Flow measurement between sample intervals shall be determined by use of a flow
recorder and totalizer, and the present gallon interval between sample collection fixed at
no greater than 1/24 of the expected total daily flow at the treatment system, or
(3) a single, continuous sample collected over a 24 hour period proportional to the rate of flow.
In accordance with (1) above, the time interval between influent grab samples shall be no
greater than once per hour, and the time interval between effluent grab samples shall be no
greater than once per hour except at wastewater treatment systems having a detention time of
greater than 24 hours. In such cases, effluent grab samples may be collected at time intervals
evenly spaced over the 24 hour period which are equal in number of hours to the detention time
of the system in number of days. However, in no case may the time interval between effluent
grab samples be greater than six (6) hours nor the number of samples less than four (4) during a
24 hour sampling period.
b. Grab Sample: Grab samples are individual samples collected over a period, of time not
exceeding 15 minutes; the grab sample can be taken manually. Grab samples must be
representative of the discharge or the receiving waters.
9. Calculation of Means
a Arithmetic Mean: The arithmetic mean of any set of values is the summation of the individual
values divided by the number of individual values.
b. Geometric Mean: The geometric mean of any set of values is the Nth root of the product of the
individual values where N is equal to the number of individual values. The geometric mean is
equivalent to the antilog of the arithmetic mean of the logarithms of the individual values.
For purposes of calculating the geometric mean, values of zero (0) shall be considered to be one
(1).
c. Weighted by Flow Value: Weighted by flow value means the summation of each concentration
times its respective flow divided by the summation of the respective flows.
Part II
Page 4 of 14
10. Calendar Day
A calendar day is defined as 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.
11. Hazardous Substance
A hazardous substance means any substance designated under 40 CFR! Part 116 pursuant to Section
311 of the Clean Water Act.
12. Toxic Pollutant
A toxic pollutant is any pollutant listed as toxic under Section 307(a)(1) of the Clean Water Act.
SECTION B. GENERAL CONDITIONS
1. Duty to Comply
The permittee must comply with all conditions of this permit. Any permit noncompliance
constitutes a violation of the Clean Water Act and is grounds for enforcement action; for permit
termination, revocation and reissuance, or modification; or denial of a permit renewal application.
a . The permittee shall comply with effluent standards or prohibitions established under section
307(a) of the Clean Water Act -for toxic pollutants and with standards for sewage sludge use or
disposal established under section 405(d) of the Clean Water Act within the time provided in
the regulations that establish these standards -or prohibitions or standards for sewage sludge
use or disposal, even if the permit has not yet been modified to incorporate the requirement.
b. The Clean Water Act provides that any person who violates a permit condition is subject to a
civil penalty not to exceed $25,000 per day for each violation. Any person who negligently
violates any permit condition is subject to criminal penalties of $2,500 to $25,000 per day of
violation, or imprisonment for not more than 1 year, or both. Any person who knowingly
violates permit conditions is subject to criminal penalties of $5,000 to $50,000 per day of
violation, or imprisonment for not more than 3 years, or both. Also; any person who violates a
permit condition may be assessed an administrative penalty not; to exceed $10,000 per violation
with the maximum amount not to exceed $125,000. [Ref: Section '309 of the Federal Act 33
US.C.1319 and 40 CFR 122.41 (a)]
c. Under state law, a civil penalty of not more than ten thousand dollars ($10,000) per violation
may be assessed against any person who violates or fails to act in accordance with the terms,
conditions, or requirements of a permit. [Ref: North Carolina General Statutes § 143-215.6A]
d. Any person may be assessed an administrative penalty by the Administrator for violating
section 301, 302, 306, 307, 308, 318, or 405 of the Act, or any permit condition or limitation
implementing any of such sections in a permit issued under section 402 of the Act.
Administrative penalties for Class I violations are not to exceed $10,000 per violation, with
the maximum amount of any Class I penalty assessed not to exceed $25,000. Penalties for Class
II violations are not to exceed $10,000 per day for each day during which the violation
continues, with the maximum amount of any Class II penalty not to exceed $125,000.
Part II
Page 5 of 14
2. Duty to Mitigate
The permittee shall take all reasonable steps to minimize or prevent any discharge or sludge use or
disposal in violation of this permit which has a reasonable likelihood of adversely affecting
human health or the environment.
3. Civil and Criminal Liability
Except as provided in permit conditions on "Bypassing" (Part II, C-4) and "Power Failures" (Part 11,
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.
6. Onshore or Offshore Construction
This permit does not authorize or approve the construction of any onshore or offshore physical
structures or facilities or the undertaking of any work in any navigable waters.
7. Severability
The provisions of this permit are severable, and if any provision of this permit, or the application
of any provision of this permit to any circumstances, is held invalid, the application of such
provision to other circumstances, and the remainder of this permit, shall not be affected thereby.
8. Duty to Provide Information
The permittee shall furnish to the Permit Issuing Authority, within a reasonable time, any
information which the Permit Issuing Authority may request to determine whether cause exists for
modifying, revoking and reissuing, or terminating this permit or to determine compliance with this
permit. The permittee shall also furnish to the Permit Issuing Authority upon request, copies of
records required to be kept by this permit.
9. Duty to Reapply
If the permittee wishes to continue an activity regulated by this permit after the expiration date of
this permit, the permittee must apply for and obtain a new permit.
Part II
Page 6 of 14
10. Expiration of Permit
The permittee is not authorized to discharge after the expirations date. In order to receive
automatic authorization to discharge beyond the expiration date; the; permittee shall submit such
information, forms, and fees as are required by the agency authorized to issue permits no later than
180 days prior to the expiration date. Any permittee that has not requested renewal at least 180
days prior to expiration, or any permittee that does not have a permit after the expiration and has
not requested renewal at least 180 days prior to expiration, will subject!the permittee to enforcement
procedures as provided in NCGS 143-215.6 and 33 USC 1251 et. seq.
11. Signatory Requirements
All applications, reports, or information submitted to the Permit Issuing Authority shall be signed
and certified.
a . All permit applications shall be signed as follows:
(1) For a corporation: by a responsible corporate officer. For the purpose of this Section, a
responsible corporate officer means: (a) a president, secretary, treasurer or vice president
of the corporation in charge of a principal business function, or any other person who
performs similar policy or decision making functions for the corporation, or (b) the manager
of one or more manufacturing production or operating facilities employing more than 250
persons or having gross annual sales or expenditures exceeding 225 million (in second quarter
1980 dollars), if authority to sign documents has been assigned or delegated to the manager
in accordance with corporate procedures.
(2) For a partnership or sole proprietorship: by a general partner or the proprietor,
respectively; or
(3) For a municipality, State, Federal, or other public agency: by ,either a principal executive
officer or ranking elected official.
b. All reports required by the permit and other information requested by the Permit Issuing
Authority shall be signed by a person described above or by a duly authorized representative of
that person. A person is a duly authorized representative only if:
(1) The authorization is made in writing by a person described above;
(2) The authorization specified either an individual or a position having responsibility for the
overall operation of the regulated facility or activity, such as the position of plant
manager, operator of a well or well field, superintendent, a position of equivalent
responsibility, or an individual or position having overall responsibility for environmental
matters for the company. (A duly authorized representative may thus be either a named
individual or any individual occupying a named position.); and!
(3) The written authorization is submitted to the Permit Issuing Authority.
c. Certification. Any person signing a document under paragraphs a. or b. of this section shall
make the following certification:
"I certify, under penalty of law, that this document and all attachments were prepared under
my direction or supervision in accordance with a system designed to assure that qualified
personnel properly gather and evaluate the information submitted. Based on my inquiry of the
person or persons who manage the system, or those persons directly responsible for gathering
the information, the information submitted is, to the best of my knowledge and belief, true,
accurate, and complete. I am aware that there are significant penalties for submitting false
information, including the possibility of fines and imprisonment for knowing violations."
Part II
Page 7 of 14
12. Permit Actions
This permit may be modified, revoked and reissued, or terminated for cause. The filing of a request
by the permittee for a permit modification, revocation and reissuance, or termination, or a
notification of planned changes or anticipated noncompliance does not stay any permit condition.
13. Permit Modification. Revocation and Reissuance. or Termination
The issuance of this permit does not prohibit the permit issuing authority from reopening and
modifying the permit, revoking and reissuing the permit, or terminating the permit as allowed by
the laws, rules, and regulations contained in Title 40, Code of Federal Regulations, Parts 122 and
123; Title 15A of the North Carolina Administrative Code, Subchapter 2H .0100; and North
Carolina General Statute 143-215.1 et. al.
14. Previous Permits
All previous National Pollutant Discharge Elimination System Permits issued to this facility,
whether for operation or discharge, are hereby revoked by issuance of this permit. [The exclusive
authority to operate this facility arises under this permit. The authority to operate the facility
under previously issued permits bearing this number is no longer effective. ] The conditions,
requirements, terms, and provisions of this permit authorizing discharge under the National
Pollutant Discharge Elimination System govern discharges from this facility.
SECTION C. OPERATION AND MAINTENANCE OF POLLUTION CONTROLS
1. Certified Operator
Pursuant to Chapter 90A44 of North Carolina General Statutes, and upon classification of the
facility by the Certification Commission, the permittee shall employ a certified wastewater
treatment plant operator in responsible charge (ORC) of the wastewater treatment facilities. Such
operator must hold a certification of the grade equivalent to or greater than the classification
assigned to the wastewater treatment facilities by the Certification Commission. The permittee
must also employ a certified back-up operator of the appropriate type and any grade to comply
with the conditions of Title 15A, Chapter 8A .0202. The ORC of the facility must visit each Class I
facility at least weekly and each Class II, III, and IV facility at least daily, excluding weekends
and holidays, and must properly manage and document daily operation and maintenance of the
facility and must comply with all other conditions of Title 15A, Chapter 8A .0202. Once the
facility is classified, the permittee shall submit a letter to the Certification Commission which
designates the operator in responsible charge within thirty days after the wastewater treatment
facilities are 50% complete.
2. Proper Operation and Maintenance
The permittee shall at all times properly operate and maintain all facilities and systems of
treatment and control (and related appurtenances) which are installed or used by the permittee to
achieve compliance with the conditions of this permit. Proper operation and maintenance also
includes adequate laboratory controls and appropriate quality assurance procedures. This provision
requires the operation of back-up or auxiliary facilities or similar systems which are installed by a
permittee only when the operation is necessary to achieve compliance with the conditions of the
permit.
Part II
Page 8 of 14
3. Need to Halt or Reduce not a Defense
It shall not be a defense for a permittee in an enforcement action that it would have been necessary
to halt or reduce the permitted activity in order to maintain compliance with the condition of this
permit.
4. Bypassing of Treatment Facilities
a . Definitions
(1) "Bypass" means the known diversion of waste streams from any portion of a treatment
facility including the collection system, which is not a designed or established or operating
mode for the facility.
(2) "Severe property damage" means substantial physicaldamage to property, damage to the
treatment facilities which causes them to become inoperable, or substantial and permanent
loss of natural resources which can reasonably be expected to occur in the absence of a
bypass. Severe property damage does not mean economic loss caused by delays in
production.
b. Bypass not exceeding limitations.
The permittee may allow any bypass to occur which does not cause effluent limitations to be
exceeded, but only if it also is for essential maintenance to assure efficient operation. These
bypasses are not subject to the provisions of Paragraphs c. and d. of this section.
c. Notice
•
(1) Anticipated bypass. If the permittee knows in advance of the need for a bypass, it shall
submit prior notice, if possible at least ten days before the date of the bypass; including an
evaluation of the anticipated quality and affect of the bypass.
(2) Unanticipated bypass. The permittee shall. submit notice of an unanticipated bypass as
required in Part II, E. 6. of this permit. (24 hour notice).
d. Prohibition of Bypass
(1) Bypass is prohibited and the Permit Issuing Authority may take enforcement action against
a permittee for bypass, unless: -
(A) Bypass was unavoidable to prevent loss of life, personal i injury or severe property
damage;
, (B) There were no feasible alternatives to the bypass, such as the use of auxiliary treatment
facilities, retention of untreated wastes or maintenance during normal periods of
equipment downtime. This condition is not satisfied if adequate backup equipment should
have been installed in the exercise of reasonable engineering judgment to prevent a bypass
which occurred during normal periods of equipment downtime or preventive maintenance;
and
(C) The permittee submitted notices as required under Paragraph c. of this section.
(2) The Permit Issuing Authority may approve an anticipated bypass, after considering its
adverse affects, if the Permit Issuing Authority determines that it -will meet the three
conditions listed above in Paragraph d. (1) of this section.
Part II
Page 9 of 14
5. Upsets
a. Definition.
"Upset " means an exceptional incident in which there is . unintentional and temporary
noncompliance with technology based permit effluent limitations because of factors beyond the
reasonable control of the permittee. An upset does not include noncompliance to the extent
caused by operational error,improperly designed treatment facilities, inadequate treatment
facilities, lack of preventive maintenance, or careless or improper operation.
b. Effect of an upset.
An upset constitutes an affirmative defense to an action brought for noncompliance with such
technology based permit effluent . limitations if the requirements of paragraph c. of this
condition are met. -No determination made during administrative review of claims that
noncompliance was caused by upset, and- before an action for noncompliance, is final
administrative action subject to judicial review. •
•
c. Conditions necessary for a demonstration of upset.
A permittee who wishes to establish the affirmative defense of upset shall demonstrate,
through properly signed, contemporaneous operating logs, or other relevant evidence -that
(1) An upset occurred and that the pennittee 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 11, E. 6. (b) (B) of this permit.
(4) The permittee complied with any remedial measures required under Part II, B. 2. of tails
permit.
d. Burden of proof.
In any enforcement proceeding the permittee seeking to establish the occurrence of an upset has
the burden of proof.
Removed Substances
Solids, sludges, filter backwash, or other pollutantsremovedin the course of treatment or control of
wastewaters shall be utilized/disposed of in accordance with NCGS 143-2151 and in a manner such
as to prevent any pollutant from such materials from entering waters of the State or navigable
waters of the United States. The permittee shall comply with all existing federal regulations
governing the disposal of sewage sludge. Upon promulgation of 40 CFR Part 503, any permit issued
by the Permit Issuing Authority for the utilization/disposal of sludge may be reopened and
modified, or revoked and reissued, to incorporate applicable requirements at 40 CFR Part 503. The
permittee shall comply with applicable 40 CFR Part 503 Standards for the Use and Disposal of
Sewage Sludge.(when promulgated) within the time provided in the regulation, even if the permit
is not modified to incorporate the requirement The permittee shall notify the Permit Issuing
Authority of any significant change in its sludge use or disposal practices.
7. Power Failures
The permittee is responsible for maintaining adequate safeguards as required by DEM Regulation,
Title 15A, North Carolina Administrative Code, Subchapter 2H, .0124 : Reliability, to prevent the
discharge of untreated or inadequately treated wastes during electrical power failures either by
means of alternate power sources, standby generators or retention of inadequately treated effluent.
Part11
Page 10 of 14
4. Test Procedures
SECTION D. MONITORING AND RECORDS
1. Representative Sampling
Samples collected and measurements taken, as required herein, shall be characteristic of the
volume and nature of the permitted discharge. Samples collected at a frequency less than daily
shall be taken on a day and time that is characteristic of the discharge over the entire period
which the sample represents. All samples shall be taken at the monitoring points specified in this
permit and, unless otherwise specified, before the effluent joins or is diluted 'by any other
wastestream, body of water, or substance. ,-, Monitoring points shall not be changed without
notification to and the approval Of the Pemit Issuing Authority.
•
2. Efixtrfing
Monitoring results obtained during the previous month(s) shall ber summarized for each month and
reported on a monthly Discharge Monitoring, Report (DMR) Form (DEM No. MR 1, 1.1, 2, 3) or
alternative forms approved by the Director, DEM, postmarked no later than the 30th day
following the completed reporting period.
•
. 'The, first-DMR is due on the last -day of the month following the issuance of the permit or in the case
of a' new facility; -.on the last -dayof the month following the commencement of 'discharge. •
Duplicate signed copies of these, and -all other reports required herein, .shall be submitted to the
following address:
Division of .Water Quality !'
- ' Water, Quality Secfion ••• .••
. ATTENTION: . Central Files
:Post Office Box 29535
Raleigh, North Carolina 27626-0535
•
3. Flow'Measurements
• . • , • .,
Appropriate flow measurement devices and methods consistent with accepted scientific practices
- shall be selected and used to ensure the accuracy and reliability of Measurements of the volume of
monitored discharges. The devices shall be installed, calibrated and maintained to ensure that the
accuracy of the measurements are consistent with the. accepted capability, of that type of device. •
-. Devices selected shall be capable of measuring flows with a maximum deviation of less than + 10% .
. , from the true discharge rates throughout therange of expected..diacharge volumes. Once -through •
condenser cooling water flow which is monitored,by pump logs, or pumphour meters as specified in
Part I of this permit and based. on. the manufacturer's pump curves shall not be subject to this -
requirement, - ,-. • •
_ . •
•
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 Federalyaterpollution Control Act, as
Amended, and Regulation 40 CFR 136; or in the case of sludge, use or disposal, approved under 40
CFR 136, unless otherwise specified in 40 cFR 503, unless other test procedures have been specified
in this permit. - • • •
•
To meet the intent of the monitoring required by this permit, all test procedures must produce
minimum detection and reporting levels that are below the permit discharge requirements and all
data generated must be reported down to the minimum detection or lower reporting level of the
procedure. If no approved methods are determined capable, of achieying,minimuirt detection and
Part II
Page 11 of 14
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. 1f a conviction of a person is for a violation
committed after a first conviction of such person under this paragraph, punishment is a fine of not
more than $20,000 per day of violation, or by imprisonment of not more than 4 years, or both.
6. Records Retention
Except for records of monitoring information required by this permit related to the permittee's
sewage sludge use and disposal activities, which shall be retained for a period of at least five
years (or longer as required by 40 CFR 503), the permittee shall retain records of all monitoring
information, including all calibration and maintenance records and all original strip chart
recordings for continuous monitoring instrumentation, copies of all reports required by this permit,
for a period of at least 3 years from the date of the sample, measurement, report or application.
This period may be extended by request of the Director at any time.
7. Recording Results
For each measurement or sample taken pursuant to the requirements of this permit, the pennittee
shall record the following information:
a. The date, exact place, and tinge of sampling or measurements;
b. The individual(s) who performed the sampling or measurements;
c. The date(s) analyses were performed;
d. The individual(s) who performed the analyses;
e. The analytical techniques or methods used; and
f . The results of such analyses.
8. Inspection and Entry
The permittee shall allow the Director, or an authorized representative (including an authorized
contractoracting as a representative of the Director), upon the presentation of credentials and other
documents as may be required by law, to;
a. Enter upon the permittee's premises where a regulated facility or activity is located or
conducted, or where records must be kept under the conditions of this permit;
b. Have access to and copy, at reasonable times, any records that must be kept under the conditions
of this permit;
• c. Inspect at reasonable times, any facilities, equipment (including monitoring and control
equipment), practices, or operations regulated or required under this permit; and
•
d. Sample or monitor at reasonable times, for the purposes of assuring permit compliance or as
otherwise authorized by the Clean Water Act, any substances or parameters at any location.
Part II
Page 12 of 14
SECTION E. REPORTING REQUIREMENTS
1. Change in Discharge
All discharges authorized herein shall be consistent with the terms and conditions of this permit.
The discharge of any pollutant identified in this permit more frequently than or at a level in excess
of that authorized shall constitute a violation of the permit.
2. Planned Changes
The permittee shall give notice to the Director as soon as possible of any planned physical
alterations or additions to the permitted facility. Notice is required only when:
a. The alteration or addition to a permitted facility may meet one of the criteria for determining
whether a facility is a new source in 40 CFR Part 122.29 (b); or
b. The alteration or addition could significantly change the nature for increase the quantity of
pollutants discharged. This notification applies to pollutants which are subject neither to
effluent limitations in the permit, nor to notification requirements under 40 CFR Part 122.42 (a)
(1).
c. The alteration or addition results in a significant change in the; permittee's sludge use or
disposal practices, and such alternation, addition or change 'may justify the application of
permit conditions that are different from or absent in the existing permit, including notification
of additional use or disposal sites not reported during the permit application process or not
reported pursuant to an approved land application plan.
3. Anticipated Noncompliance
The permittee shall give advance notice to the Director of any planned changes in the permitted
facility or activity which may result in noncompliance with permit requirements.
4. Transfers
This permit is not transferable to any person except after notice to the Director. The Director may
require modification or revocation and reissuance of the permittee and incorporate such other
requirements as may be necessary under the Clean Water Act.
5. - Monitoring Reports
Monitoring results shall be reported at the intervals specified elsewhere in this permit.
a. Monitoring results must be reported on a DischargeMonitoringReport (DMR) (See Part II. D. 2
of this permit) or forms provided by the Director for reporting results!of monitoring of sludge use
or disposal practices.
b. If the permittee monitors any pollutant more frequently than required by the permit, using test
procedures specified in Part II, D. 4. of this permit or in the case' of sludge use or disposal,
approved under 40 CFR 503, or as specified in this permit, the results of this monitoring shall be
included in the calculation and reporting of the data submitted in the DMR
c. Calculations for all limitations which require averaging of measurements shall utilize an
arithmetic mean unless otherwise specified by the Director in the permit.
Part II
Page 13 of 14
6. Twenty-four Hour Reporting
a . The permittee shall report to the central office or the appropriate regional office any
noncompliance which may endanger health or the environment. Any information shall be
provided orally within 24 hours from the time the permittee became aware of the
circumstances. A written submission shall also be provided within 5 days of the time the
permittee becomes aware of the circumstances.. The written submission shall contain a
description of the noncompliance, and its cause; the period of noncompliance, including exact
dates and times, and if the noncompliance has not been corrected, the anticipated time it is
expected to continue; and steps taken or planned to reduce, eliminate, and prevent reoccurrence
of the noncompliance.
b. The following shall be included as information which must be reported within 24 hours under
this paragraph:
(1) Any unanticipated bypass which exceeds any effluent limitation in the permit.
(2) Any upset which exceeds any effluent limitation in the permit.
(3) Violation of a maximum daily discharge limitation for, any of the pollutants listed by the
Director in the permit to be reported within 24 hours.
c. The Director may waive the written report on a case -by -case basis for reports under paragraph
b. above of this condition if the oral report has been received within 24 hours.
7. Other Noncompliance
The permittee shall report all instances of noncompliance not reported under Part II. E. 5 and 6. of
this permit at the time monitoring reports are submitted. The reports shall contain the information
listed in Part II. E. 6. of this permit.
8. Other Information
Where the permittee becomes aware that it failed to submit any relevant -facts in a permit
application, or submitted incorrect information in a permit application or in any report to the
Director, it shall promptly submit such facts or information.
Noncompliance Notification
The permittee shall report by telephone to either the central office or the appropriate regional
office of the Division as soon as possible, but in no case nore 'than 24 hours or on the next working
day following the occurrence or first knowledge of the occurrence of any of the following:
a . Any occurrence at the water • pollution' control facility • which results in the discharge of
significant amounts of wastes which are abnormal in quantity or characteristic; such as the
dumping of the contents of a sludge digester; the known passage of a slug of hazardous substance
through the facility; or any other unusual circumstances.
b. Any process unit failure, due to known or unknown reasons, that render the facility incapable of
• adequate wastewater treatment such as mechanical or electrical failures of pumps, aerators,
eoMpressors, 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.
Part II
Page 14 of 14
Persons reporting such occurrences by telephone shall also file a written report in letter form within
5 days; following first knowledgeof the occurrence.
10..Availability of Reports
.Except for data determined to be confidential under' NCGS 143-215.3(a)(2) or Section,308 of the
Federal Act, 33 USC' 1318, all reports prepared in accordance with" the terms shall be available for
public inspection at :the offices of the Division of Water Quality. As required by the Act, effluent
data shall not be considered confidential. Knowingly makingany false statement on any such
report may result in the imposition of criminal penalties as provided for in NCGS 143-215.1(b)(2) or
in Section 309 of the Federal Act.
11. Penalties for Falsification of Reports
The Clean Water Act provides that any person who knowingly makes any false statement,
representation,, or certification in.any record or other document submitted or required to be
maintained under this permit, including monitoring reports !or , reports of . compliance or
noncompliance shall, upon conviction, be' punished by a fine of not 'more than $10,000 per violation,
or by imprisonment for not more than two years per violation,
PART III
• OTHER REQUIREMENTS •
A. Construction
No construction of wastewater treatment facilities or additions to add to the plant's treatment
capacity or to change the type of process utilized at the treatment plant shall be begun until Final
Plans and Specifications have been submitted to the Division of Water Quality and written approval
and Authorization to Construct has been issued,
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.
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:
a.That any activity has occurred or will occur which would result in the discharge, on a routine or
frequent basis, of any toxic pollutant which is not limited in the permit, if that discharge will
exceed the highest of the following "notification levels";
(1) One hundred micrograms per liter (100 ug/1);
(2)Two hundred micrograms per liter (200 ug/I) for acrolein and acrylonitrile; five hundred
micrograms per liter (500 ug/1) for 2.4-dinitrophenol and for 2-methyl-4.6-dinitrophenol; and
one milligram per liter (1 mg/1) for antimony;
(3) Five (5) times the maximum concentration value reported for that pollutant in the permit
application.
b. That any activity has occurred or will occur which would result in any discharge, on a non -routine
or infrequent basis, of a toxic pollutant which is not limited in the permit, if that discharge will
exceed the highest of the following "notification levels";
(1) Five hundred micrograms per liter (500 ug/1);
(2) One milligram per liter (1 mg/1) for antimony;
(3) Ten (10) times the maximum concentration value reported for that pollutant in the permit
application.
D. Requirement to Continually Evaluate Alternatives to Wastewater Discharges -
The permittee shall continually evaluate all wastewater disposal alternatives and pursue the most
environmentally sound alternative of the reasonably cost effective alternatives. If the facility is in
substantial non-compliance with the terms and conditions of the NPDES permit or governing rules,
regulations or laws, the permittee shall submit a report in such form and detail as required by the
Division evaluating these alternatives and a plan of action within sixty (60) days of notification by the
Division.
PART IV
ANNUAL ADMINISTERING AND COMPLIANCE MONITORING FEE REQUIREMENTS
A. The permittee must pay the annual administering and compliance monitoring fee within 30
(thirty) days after being billed by the Division. Failure to pay the fee in a timely manner in
accordance with 15A NCAC 2H .0105(b)(4) may cause this Division to initiate action to
revoke the permit.