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HomeMy WebLinkAboutNCC000001_Minor Mod_20211221ROY COOPER Governor ELIZABETH S. BISER Secretary S. DANIEL SMITH Director Mr. Barry Parks, Chairman Neuse River Compliance Association PO Box 1410 Clayton, North Carolina 27528-1410 Dear Mr. Parks: NORTH CAROLINA Environmental Quality December 21, 2021 Subject: Modification of Permit No. NCC000001 Neuse River Compliance Association The Division has reviewed the Neuse River Compliance Association's September 29, 2021, request for modification of its NPDES permit and its December 7, 2021, additional request and is forwarding herewith the revised permit. This minor permit modification is issued pursuant to the requirements of North Carolina General Statute 143-215.1 and the Memorandum of Agreement between North Carolina and the U.S. Environmental Protection Agency, dated October 15, 2007. The modified permit includes the following changes to Appendix A, which become effective January 1, 2022: • Snow Hill. The Town of Snow Hill (NC0020842) has been added as a new co-permittee member, with an active estuary allocation of 2,816 lb/yr; • Clayton. The holdings of the Town of Clayton (NC0025453) have been revised to include 13,000 lb/yr TN of estuary allocation purchased from the International Paper New Bern Mill (NC0003191) and 15,908 lb/yr TN of estuary offset credits purchased from Restoration Systems' Flat Swamp Mitigation Bank; both allocations are held in reserve pending expansion of the facility; • Raleigh. The holdings of the City of Raleigh (NC0029033) have been revised to include 13,000 lb/yr TN estuary allocation purchased from the International Paper New Bern Mill (NC0003191); and • Johnston County. The holdings of Johnston County (NC0030716) have been revised to include 1,000 lb/yr TN estuary allocation purchased from Phillips Plating (NC0001881). With these revisions, the Association's Estuary TN Limit increases to 1,214,838 lb/yr, effective January 1, 2022. All other terms and conditions of the December 30, 2019, permit remain in full effect. If any parts 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, DECV) .r North Carolina Department of Environmental Quality I Division of Water Resources 512 North Salisbury Street 11617 Mail Service Center I Raleigh, North Carolina 27699-1617 919.707.9000 Modification of Permit No. NCC000001 December 21, 2021 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 Mike Templeton at (919) 707-3603 or at mike.templeton@ncdenr.gov. Sincerely, S. Daniel Smith, Director Division of Water Resources Enclosure(s): NPDES Permit NCC000001, Fact Sheet Addendum cc (w/ enclosures): NPDES Unit Files e-copy (w/ enclosures): Haywood Phthisic, Executive Director, NRCA NPDES Permitting Section, Region IV, EPA Scott Vinson, Raleigh Regional Offices, Water Quality Permitting David May, Washington Regional Offices, Water Quality Permitting Michael Montebello, NPDES Municipal Permitting Branch Doug Dowden, NPDES Industrial Permitting Branch Nora Deamer, Basin Planning Branch 00001 NRCA - CY2022 mod - cov Itr - 20211221.docx 12/22/2021 12:25 PM Permit No. NCC000001 STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENTAL QUALITY DIVISION OF WATER RESOURCES 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, the The Neuse River Compliance Association and Its Co-Permittee Members are hereby authorized to discharge Total Nitrogen from the Co-Permittee Member treatment facilities listed herein to receiving waters in the Neuse River Basin in accordance with effluent limitations, monitoring and reporting requirements, and other conditions set forth in this permit. This permit shall become effective January 1, 2022. This permit and the authorization to discharge shall expire at midnight on December 31, 2023. Signed this day December 21, 2021. •Rel* Linda Culpepper, Director Division of Water Resources By Authority of the Environmental Management Commission Issued December 20, 2017 Modified December 30, 2019 Modified December 21, 2021 Permit No. NCC000001 Certificate of Coverage Page ii of ii TABLE OF CONTENTS CERTIFICATE OF COVERAGE i PART I - SPECIAL CONDITIONS 1 SECTION A - WASTEWATER CONTROLS A.(1.) DEFINITIONS 1 A.(2.) CO-PERMITTEES AND TN ALLOCATIONS 2 A.(3.) EFFLUENT LIMITATIONS 2 A.(4.) MONITORING REQUIREMENTS 3 A.(5.) REPORTING REQUIREMENTS 4 A.(6.) COMPLIANCE 4 PARTS II & III - STANDARD CONDITIONS 1 SECTION A - APPLICABILITY OF PARTS II & III 1 SECTION B - DEFINITIONS 1 SECTION C - GENERAL CONDITIONS 2 SECTION D - MONITORING AND RECORDS 5 SECTION E - REPORTING REQUIREMENTS 7 PART III - OTHER REQUIREMENTS 9 APPENDIX A - CO-PERMITTEES, TRANSPORT FACTORS, AND TN ALLOCATIONS 1 APPENDIX B - POINT SOURCE FACILITIES ASSIGNED TOTAL NITROGEN ALLOCATIONS 1 Permit No. NCC000001 Part I, Page 1 of 5 PART I SPECIAL CONDITIONS A.(1.) DEFINITIONS (a.) Active TN Allocation: Allocation that is included in calculation of TN Load Limits. Allocation held by a permittee is active by default but may be designated as reserve allocation by the Division or at the request of the permittee. (See also Reserve TN Allocation.) (b.) Allocation (or "TN Allocation"): (1) The mass quantity (as of TN) that a discharger or group of dischargers (such as the Association) is potentially allowed to release to surface waters in accordance with the Neuse River rule. TN Allocations may be expressed as Estuary TN Allocation or as the equivalent Discharge TN Allocation; also as active or reserve allocation. (2) In practice, the term can refer to a permittee's or group's allocation as a whole or to some lesser quantity. (c.) Association: The Neuse River Compliance Association, a not -for -profit corporation comprised of NPDES-permitted dischargers in the Neuse River Basin; established voluntarily under the Neuse Wastewater rule to meet the aggregate Estuary TN Allocation of its Co-Permittee Members. (d.) Co-Permittee Members: Those NPDES dischargers that for a given calendar year are members of the Association and are listed in Appendix A of this permit. (e.) Discharge TN Allocation: TN Allocation specified as applying at the point of discharge (or "end - of -pipe"). (f.) Discharge TN Load: Actual TN Load measured at a Co-Permittee Member's point of discharge (or "end -of -pipe"). (g.) Estuary: The Neuse River estuary, which extends from approximately Streets Ferry to the Pamlico Sound. (h.) Estuary TN Allocation: TN Allocation specified as applying at the estuary. A Co-Permittee Member's Estuary TN Allocation is equivalent to its Discharge TN Allocation multiplied by the applicable Transport Factor. (i.) Estuary TN Limitation: The sum of active TN allocations held by the Association and its Co- Permittee Members (group limit) or a Co-Permittee Member (individual limits), as listed in Appendix A of this permit. (j.) Estuary TN Load: TN Load estimated to be delivered to the estuary. A Co-Permittee Member's Estuary TN Load is equivalent to its Discharge TN Load multiplied by the applicable Transport Factor. (k.) Limitation (or "TN Limit(ation)" or "TN Load Limit(ation)"): The mass quantity of TN specified in an NPDES permit as the maximum that an individual discharger or group of dischargers is authorized to discharge to surface waters. The TN Limitation is the sum of active allocations held by an individual Co-Permittee Member (in the case of individual limitations) or held in the aggregate by the Association and its Co-Permittee Members (in the case of the group limitation). For the purposes of this permit, TN Load Limits are expressed in terms of Estuary TN Load. (1.) Load (or "TN Load"): The actual mass quantity (as of TN) that a discharger or group of dischargers releases into surface waters of the Neuse River Basin. TN Loads may be expressed as Discharge TN Load or as the equivalent Estuary TN Load. (m.) Neuse Wastewater Rule: The Neuse River Basin Nutrient Sensitive Waters Management Strategy: Wastewater Discharge Requirements rule (T15A NCAC 2B .0234) (n.) Regionalization: The consolidation of wastewater collection and/or treatment systems that results in the elimination of one or more NPDES-permitted discharges. (o.) Reserve TN Allocation: Allocation that is not included in calculation of TN Limits. The Division may designate allocation as reserve when water quality -based limits established to prevent (p.) (q.) Permit No. NCC000001 Part I, Page 2 of 5 localized impacts render that allocation inactive; when treatment of the allocation as active would be inconsistent with the Neuse Wastewater rule. (See also Active TN Allocation.) Total Maximum Daily Load (of TMDL): (1) Generally, the allowable load of a pollutant that can be discharged to a water body without causing loss of that water's designated uses. (2) In the context of this permit, refers to Phase II of the Total Maximum Daily Load for Total Nitrogen to the Neuse River Estuary, North Carolina, approved by the U.S. Environmental Protection Agency on March 19, 2002, and subsequent revisions approved by the EPA. Total Nitrogen (TN): The sum of the organic, nitrate, nitrite, and ammonia species of nitrogen in a water or wastewater. (r.) Transport Factor: Fraction of the TN in a discharge that is predicted to reach the estuary, as determined by the Division. (s.) Water Quality -Based Effluent Limitations (WQBELs1: Limitations calculated specifically to ensure that a discharge does not cause an exceedance of water quality standards either in the vicinity of the discharge or further downstream. In the context of this permit, applies only to Total Nitrogen. A.(2.) CO-PERMITTEES AND TN ALLOCATIONS (a.) Co-Permittees to this permit shall be the Neuse River Compliance Association (the "Association") and each of its Co-Permittee Members. The Co-Permittee Members, the Transport Factors assigned to each, the Members' individual TN allocations, and the Association Estuary TN Allocation shall be as listed in Appendix A, which is hereby incorporated into this permit in its entirety. (b.) Upon timely and proper notification by the Association as described elsewhere in this permit, the Division shall revise Appendix A to incorporate changes in Association membership, allowable changes in TN Allocations, or reapportionment by the Association. (i.) Changes in membership. (A) Enrollment. In the event that a discharger is admitted to the Association, the Division shall add the discharger and its TN Allocation to Appendix A as a Co-Permittee Member and adjust the Association's Estuary TN Allocation accordingly. (B) Termination. In the event that a Co-Permittee Member's membership is terminated, the Division shall delete the departing Member and its TN Allocation from Appendix A and adjust the Association's Estuary TN Allocation accordingly. (ii.) For the purposes of this permit, allowable changes in TN Allocations include those resulting from purchase of allocation from the Wetlands Restoration Fund or other authorized source; purchase, sale, trade, or lease of allocation among the Association, its members, and non- member dischargers; regionalization; and other transactions approved by the Division. (iii.) The Association and its Co-Permittee Members may reapportion their TN Allocations among themselves; however, the Division shall only incorporate the corresponding changes into Appendix A when specifically requested in writing by the Association and after such changes have been incorporated into the affected individual permits. (c.) For the purposes of this permit, Association membership, individual or Association TN Allocations and associated limits, and allocation status (active or reserve) are effective on a calendar year basis, and any changes shall become effective no sooner than January 1 of the following calendar year. A.(3.) EFFLUENT LIMITATIONS (a.) Beginning on the effective date of this permit and lasting no later than the expiration date, the Co- Permittees are authorized to discharge Total Nitrogen (TN) from the treatment facilities listed in Appendix A subject to the following effluent limitations. Permit No. NCC000001 Part I, Page 3 of 5 Association TN Limitation. In any calendar year, the Association's Estuary TN Load shall not exceed its Estuary TN Limitation as specified in Appendix A. Association TN Limitation: For any calendar year, Association Estuary TN Load < Association Estuary TN Limitation where Association Estuary TN Load (or Limitation) = Sum of Estuary TN Loads (or Limitations) for All Co-Permittee Members and the Association (ii.) Co-Permittee Member TN Limitations. In any calendar year, a Co-Permittee Member shall be in compliance with its Estuary TN Limitation in Appendix A if: (A) the Association Estuary TN Load complies with the Association Estuary TN Limitation in Appendix A, or (B) in the event that the Association Estuary TN Load exceeds its Estuary TN Limitation, the Co-Permittee Member's Estuary TN Load does not exceed that Member's Estuary TN Limitation in Appendix A. (b.) Individual WQBELs: If the Division determines that a Co-Permittee Member's TN discharge has reasonable potential to cause localized water quality impacts, it may determine an individual water quality -based TN Limit for the Member pursuant to Neuse rule (specifically, T15A NCAC 02B .0234(6)(c), (7)(g), and (8)(h)). The Division will then propose to incorporate the new limit into the Member's individual NPDES permit and this group permit according to standard permitting procedures. Once the individual WQBEL becomes effective in this group permit, the Member is subject to the new limit in lieu of the Association TN Limit. If a Member's individual WQBEL is less than its active TN allocation, the difference is designated as reserve allocation. (c.) Other Individual Limitations. In the event that a Co-Permittee Member's membership in the Association is terminated, the departing Member shall no longer be eligible for coverage under this permit and shall become subject to the TN limitation set forth in its individual NPDES permit. (i.) Termination of co-permittee status and re -imposition of a discharger's individual TN limitation shall become effective only at the beginning of a calendar year (January 1). (ii.) The Association shall notify the Division if it determines that any Member will depart at the end of a calendar year and shall provide an accounting of all allowable changes in the Member's TN Allocation since the most recent issuance of the departing Member's individual NPDES permit. (iii.) Upon receipt of the notification and accounting described above, the Division shall modify the TN limitation in the departing Member's individual NPDES permit as necessary, effective January 1 of the succeeding year, to reflect all allowable changes in the outgoing Member's TN Allocation and shall also modify Appendix A of this permit accordingly. A.(4.) MONITORING REQUIREMENTS (a.) Each Co-Permittee Member shall continue to monitor its discharge(s) and report the results to the Division as specified in its individual NPDES permit. (b.) The Association shall assemble the results of its Co-Permittee Members and report the combined results to the Division as specified in Condition A.(5.), below. Permit No. NCC000001 Part I, Page 4 of 5 A.(5.) REPORTING REQUIREMENTS (a.) The Association shall serve as the primary point of contact between the Division and the Co- Permittee Members on matters related to this permit, unless otherwise noted. The Association's responsibilities in this regard include: (i.) preparation and submittal of any reports required by this permit or of related information requested by the Division; (ii.) submittal of any request for modification or renewal of this permit; and (iii.) distribution to the Co-Permittee Members of correspondence from the Division, including but not limited to that pertaining to permit issuance, modification, and renewal; compliance; and reporting. (b.) Notification of Membership/ Allocation Changes. No later than July 1 of each year, the Association shall request modification of this permit to reflect changes in membership or TN allocations to become effective in the following calendar year. The Association may revise its request through its Mid -Year Report or other proper written notification. (c.) Mid -Year Report. No later than September 30 of each year, the Association shall submit a mid- year report to the Division. The report shall include, at a minimum, the following information: (i.) for the period beginning July 1 of the preceding year and ending June 30 of the current year, a report, for informational purposes only, of each Co-Permittee Member's Discharge and Estuary TN Loads and the Association's Estuary TN Load; this requirement is waived if the Association's Estuary TN Load for the previous calendar year was less than 80 percent of the TN Limitation in that year; and (ii.) notification of any further changes in Association membership or TN Allocations to become effective in the following calendar year. (d.) Year -End Report. No later than March 31 of each year, the Association shall submit a year-end report to the Division. The report shall include, at a minimum, the following information for the previous calendar year: (i.) for the period from January 1 through December 31 of the preceding year, a report of each Co-Permittee Member's Discharge and Estuary TN Loads and the Association's Estuary TN Load; (ii.) a summary of changes in Association membership; and (iii.) a summary of all regionalization of discharges, purchases, sales, trades, leases, and other transactions affecting the TN Allocations of the Association or its Co-Permittee Members. (e.) Five -Year Report. No later than July 1, 2023, in conjunction with application for renewal of this permit, the Association shall submit a 5-year report to the Division. The report shall include, at a minimum, the following information: (i.) a detailed summary of all membership changes and allowable changes in TN Allocations of the Association or its Co-Permittee Members occurring during the term of this permit; (ii.) a description of the Association's TN control strategy during that time; (iii.) a summary of substantial new measures undertaken during that time to control TN discharges; (iv.) a general assessment of progress made; and (v.) a description of efforts planned for the upcoming permit term, if known. A.(6.) COMPLIANCE (a.) In the event that the Association exceeds its Estuary TN Limitation in a given calendar year, the Association shall make offset payments for that excess TN at a rate consistent with the Nutrient Offsets Payment rule (15A NCAC 2B .0240) or such other rate as may be adopted by the Commission. Payment shall be made no later than May 1 of the year following the exceedance and shall be submitted to: Permit No. NCC000001 Part I, Page 5 of 5 NCDEQ/ Division of Mitigation Services Attn: Wetlands Restoration/ In -Lieu Fee Program 1652 Mail Service Center Raleigh, NC 27699-1652 or other approved mitigation banker, and three copies shall be submitted to: NCDEQ/ DWR/ Wastewater Branch Attn: Neuse River Basin Offset Payments 1617 Mail Service Center Raleigh, NC 27699-1617 (b.) For any calendar year in which the Association exceeds its Estuary TN Limitation, the Association shall be in violation of this permit, and the Division may take appropriate enforcement action against the Association. (c.) For any calendar year in which the Association exceeds its Estuary TN Limitation, any Co- Permittee Member that exceeds its Estuary TN Limitation shall also be in violation of this permit, and the Division may take appropriate enforcement action against the Member for such exceedance. (d.) For any calendar year, regardless of Association compliance, any Co-Permittee Member that exceeds an applicable WQBEL for TN shall also be in violation of this permit, and the Division may take appropriate enforcement action against the Member for such exceedance. (e.) Submittal of offset payments shall not limit the Division's authority to enforce the terms and conditions of this permit nor shall it relieve the Association or its Co-Permittee Members of their responsibility to comply with any other applicable federal, state, or local law, rule, standard, ordinance, order, judgment, or decree. In determining the amount of any penalty to be assessed against the Association or its Co-Permittee Members, the Division shall credit the Association or its Members for any offset payments submitted by each, provided that the Association includes with the offset payment submittal an accounting of each Member's contribution. No Co-Permittee Member shall be liable for any other Co-Permittee Member's non-compliance with this permit. (f.) - END OF PART I - Permit No. NCC000001 Appendix A, Page 1 of 4 APPENDIX A CO-PERMITTEES, TRANSPORT FACTORS, AND TN ALLOCATIONS AND OFFSET CREDITS NEUSE RIVER COMPLIANCE ASSOCIATION Permittee Permit Facility TF Discharge TN Allocations Estuary TN Allocations/ Limits Holdings Facility Total Holdings Facility Total 1 Apex, Town of 1.1 NC0064050 Apex WRF 50% 40,547 40,547 20,274 20,274 2 Aqua North Carolina, Inc. 2.1 NC0064564 Neuse Colony WWTP 50% 8,447 8,447 4,224 4,224 3 Benson, Town of 3.1 NC0020389 Benson WWTP 50% 33,790 33,070 16,895 16,535 3.1.1 Sale to Central Johnston County WWTP, NC0030716 -720 -360 4 Cary, Town of 4.1 NC0048879 North Cary WRF 50% 135,158 143,246 67,579 71,623 4.1.1 Connection 4.1.2 Connection formerly Morrisville WWTP, NC0050041 formerly Morrisville WWTP, NC0050938 4,044 4,044 2,022 2,022 4.2 NC0065102 South Cary WRF 50% 180,211 180,211 90,105 90,105 5 Clayton, Town of 5.1 NC0025453 Little Creek WRF 50% 21,400 22,832 10,700 11,416 5.1.1 Purchase from UNIFI-Kinston, NC0003760 1,432 716 6 Contentnea Metropolitan Sewerage District 6.1 NC0032077 Contentnea Sewerage District WWTP 70% 32,100 37,100 22,470 25,970 6.1.1 Purchase from UNIFI-Kinston, NC0003760 5,000 3,500 7 CWS Systems, Inc. 7.1 NC0033111 Fairfield Harbour WWTP 100% 11,263 11,263 11,263 11,263 8 Craven County 8.1 NC0089460 Craven County WTP 100% 0 0 0 0 9 Duke Energy Progress, Inc. 9.1 NC0003417 H.F. Lee Energy Complex 70% 0 0 0 0 10 Durham, City of 10.1 NC0023841 North WRF 10% 97,665 97,665 9,767 9,767 11 E.I. DuPont de Nemours and Company, Inc. 10.1 NC0003760 E. I. DuPont -Kinston WWTP 70% 35,193 25,493 24,635 17,845 10.1.1 Sale 10.1.2 Sale 10.1.3 Sale to Town of Clayton WWTP, NC0025453 to Central Johnston County WWTP, NC0030716 to Contentnea MSD WWTP, NC0032077 -2,350 -2,350 -5,000 -1,645 -1,645 -3,500 11 Farmville, Town of 11.1 NC0029572 Farmville WWTP 50% 39,421 42,211 19,711 21,106 11.1.1 Connect/on 10.1.5 Connection formerly Walstonburg WWTP, NC0020362 formerly C.B. Aycock HS WWTP, NC0034819 2,790 144 1,395 101 (Continued next page) Effective: January 1, 2022. Permit No. NCC000001 Appendix A, Page 2 of 4 APPENDIX A - NEUSE RIVER COMPLIANCE ASSOCIATION (CONTINUED) Permittee Permit Facility TF Discharge TN Allocations Estuary TN Allocations/ Limits Holdings Facility Total Holdings Facility Total 12 Goldsboro, City of 12.1 NC0023949 Goldsboro WRF 70% 189,221 199,822 132,455 139,876 12.1.1 Connection 12.1.2 Connection 12.1.3 Connection 12.1.4 Connection formerly Genoa Industrial Park WWTP, NC0030392 formerly Town of Eureka WWTP, NC0048062 formerly Walnut Creek WWTP, NC0039233 formerly Norwayne Jr. HS WWTP, NC0034801 8,088 578 1,618 173 5,662 404 1,132 121 13 Havelock, City of 13.1 NC0021253 Havelock WWTP 100% 21,400 21,400 21,400 21,400 14 Hillsborough, Town of 14.1 NC0026433 Hillsborough WWTP 10% 10,422 10,422 1,042 1,042 15 Johnston County 15.1 NC0030716 Central Johnston County WWTP 50% 56,203 71,476 28,102 35,738 15.1.1 Connection 15.1.2 Agreement 15.1.3 Purchase 15.1.4 Purchase 15.1.5 Purchase formerly White Oak Plantation WWTP, NC0060330 formerly Buffalo Creek WWTP, NC0064556 from UNIFI-Kinston, NC0003760 from Town of Benson, NC0020389 from Phillips Plating, NC0001881 5,632 5,632 3,290 720 2,000 2,816 2,816 1,645 360 1,000 16 Kenly, Town of 16.1 NC0064891 Kenly Regional WWTP 50% 7,096 7,096 3,548 3,548 17 Kinston, City of 17.1 NC0024236 Kinston Regional WRF 70% 50,684 126,711 35,479 88,697 17.1.1 Connection formerly Peachtree WWTP, NC0020541 76,026 53,218 18 La Grange, Town of 18.1 NC0021644 La Grange WWTP 70% 8,447 8,447 5,913 5,913 19 New Bern, City of 19.1 NC0025348 New Bern WWTP 100% 52,937 64,210 52,937 64,210 19.1.1 Connect/on 19.1.2 Connection 19.1.3 Connection 19.1.4 Connection 19.1.5 Connection formerly Zachary Taylor -Hwy 55 Site, NC0066613 formerly Neuse Woods Apts., NC0042430 formerly W. Craven MS, NC0029904 formerly Neuse River W&SD, NC0070084 formerly Craven Co. W&S-Trent River, NC0056545 5,632 243 344 2,022 3,033 5,632 243 344 2,022 3,033 (Continued next page) Effective: January 1, 2022. Permit No. NCC000001 Appendix A, Page 3 of 4 APPENDIX A - NEUSE RIVER COMPLIANCE ASSOCIATION (CONTINUED) Permittee Permit Facility TF Discharge TN Allocations Estuary TN Allocations/ Limits Holdings Facility Total Holdings Facility Total 20 Raleigh, City of 20.1 NC0029033 Neuse River WWTP 50% 675,790 687,373 337,895 343,687 20.1.1 Connection 20.1.2 Connection 20.1.3 Connection 20.1.4 Purchase 20.1.5 Purchase formerly Plantation Inn WWTP, NC0027570 formerly Falls Village WWTP, NC0046230 formerly Neuse Crossings WWTP, NC0064408 from SGWASA WWTP, NC0026824 from International Paper - New Bern, NC0003191 506 121 6,066 4,890 26,000 253 61 3,033 2,445 13,000 20.2 NC0030759 Smith Creek WWTP 50% 67,579 70,814 33,790 35,407 20.2.1 Connection formerly Jones Dairy Farm WWTP, NC0064149 3,235 1,618 20.3 NC0079316 Little Creek WWTP 50% 20,837 26,660 10,418 13,330 20.3.1 Connection 20.3.2 Connection 20.3.3 Connection 20.3.4 Connection formerly Middlesex WWTP, NC0022363 formerly Indian Creek Overlook, NC0060771 formerly Riverwalk MHP, NC0039292 formerly Mill Run MHP, NC0056499 1,618 2,265 1,031 910 809 1,132 516 455 21 Snow Hill, Town of 21.1 NC0020842 Snow Hill WWTP 5,632 2,816 22 South Granville Water & Sewer Authority 22.1 NC0026824 SGWASA WWTP 10% 22,420 22,420 2,242 2,242 23 US MCAS Cherry Point 23.1 NC0003816 Cherry Point WWTP 100% 39,421 39,421 39,421 39,421 24 Wilson, City of 24.1 NC0023906 Wilson WWTP 50% 157,684 157,886 78,842 78,943 24.1.1 Connection formerly Willow springs Country Club, NC0031640 202 101 (Continued next page) Effective: January 1, 2022. Permit No. NCC000001 Appendix A, Page 4 of 4 APPENDIX A - NEUSE RIVER COMPLIANCE ASSOCIATION (CONTINUED) Permittee Permit Facility TF Discharge TN Allocations Estuary TN Allocations/ Limits Holdings Facility Total Holdings Facility Total 25 NRCA and Co-Permittee Members 25.1 Group allocation held in common N/A 24,4403 24,440 25.1.1 Deeded by Burlington Industries, formerly NC0001376 25.2 Individual allocation/credits held in reserve N/A N/A 25.2.1 Purchase by Clayton, NC0025453 from SGWASA, NC0026824 (previously purchased from Bay River MSD) 3,6684 25.2.2 Purchase by Clayton, NC0025453 from UNIFI-Kinston, NC0003760 929 4 25.2.3 Purchase by Clayton, NC0025453 Nutrient Offset Credits from RS Flat Swamp 15,9084 25.2.4 Purchase by Clayton, NC0025453 from International Paper — New Bern, NC0003191 13,000 4 25.3 Individual Falls Lake allocations held in reserve N/A N/A 25.3.1 Held by SGWASA, NC0026824 estuary allocations held in reserve due to more stringent allocations/ limits set in Falls Lake nutrient strategy 3,6185 25.3.2 Held by Durham, NC0023841 23,777 5 25.3.3 Held by Hillsborough, NC0026433 3, 981 5 Association Estuary TN Limit 1,214,838 Reserve Estuary Allowance 6 64,881 Total Estuary Allowance 6 1,279,719 Footnotes: 1. Craven County is currently leasing Total Nitrogen (TN) allocation from other NRCA members until a determination is made as to the allocation needed for its discharge. 2. Duke Energy's Lee Steam Electric Plant is allowed a baseline TN load of 3,260 lb/yr at its Outfall 001 (2,2821b/yr at the estuary). Incremental loads above the baseline allowance are subject to the Neuse Nutrient Strategy - Wastewater Discharge Requirements, 15A NCAC 02B .0713 (formerly .0234). 3. In 1999, Burlington Industries deeded its TN allocation (since adjusted to 24,4001b/yr at the estuary) for use by the Association and its Co-Permittee Members. At present, the allocation is a group holding assigned to this group permit and is not associated with any individual permit. Unless noted otherwise in this Appendix A, the entire amount of the allocation is active and is included in the Association Estuary TN Allocation and Limit. 4. This allocation and offset credits have been purchased by the co-permittee member and will be held in reserve until activated. Activation must be consistent with the Neuse River TMDL. 5. This allocation is being held in reserve by the co-permittee member. Due to the more stringent TN limit applied in the Falls Lake nutrient strategy, which became effective with CY2016, this portion of the allocation is not available for the permittee's use for its existing discharge. 6. For the purposes of this permit, "Allowance" means the combination of TN allocations and nitrogen offset credits held by the Association and its Co-Permittee Members. Effective: January 1, 2022. Permit No. NCC000001 Appendix B, Page 1 of 3 APPENDIX B POINT SOURCE FACILITIES ASSIGNED TOTAL NITROGEN ALLOCATIONS NEUSE RIVER BASIN The following is a list of all treatment facilities that, as holders of individual NPDES permits in 1995, are assigned a Total Nitrogen (TN) allocation pursuant to state rule T15A NCAC 2B .0234, Neuse River Basin Nutrient Sensitive Waters Management Strategy - Wastewater Discharge Requirements, adopted December 1997 and revised October 2002. The rule establishes an aggregate Estuary TN Allocation of 1.64 million pounds TN per year for these facilities and prescribes how the allocation is to be divided among the individual facilities. The allocations, individual and aggregate, become effective with calendar year 2003. The Total Maximum Daily Load for Total Nitrogen to the Neuse River Estuary, North Carolina, approved by the USEPA Region 4 in July 1999, also concludes that this aggregate allocation is the maximum allowable contribution from point source dischargers to the Neuse River estuary. NPDES Permit No. Permittee Facility Subbasin Transport Factor 1. NC0037869 Arbor Hills MHP - 1 Arbor Hills Mobile Home Park 30401 10% 2. NC0066109 Bay River MSD Bayboro WWTP 30410 100% 3. NC0057011 Bay River MSD Oriental WWTP 30410 100% 4. NC0058785 Bible Baptist Church Bible Baptist Church WWTP 30401 10% 5. NC0027570 Bobby L. Murray Plantation Inn WWTP 30402 50% 6. NC0001376 Burlington Industries Wake Plant WWTP 30402 50% 7. NC0051322 Carolina Water Service, Inc. of NC Ashley Hill WWTP 30402 50% 8. NC0056618 Carolina Water Service, Inc. of NC Carolina Pines WWTP 30410 100% 9. NC0062219 Carolina Water Service, Inc. of NC Kings Grant Subdivision WWTP 30402 50% 10. NC0033111 Carolina Water Service, Inc. of NC NE Craven WWTP 30410 100% 11. NC0064378 Carolina Water Service, Inc. of NC Willowbrook WWTP 30402 50% 12. NC0023841 City of Durham North Durham WRF 30401 10% 13. NC0023949 City of Goldsboro Goldsboro WWTP 30405 70% 14. NC0021253 City of Havelock Havelock WWTP 30410 100% 15. NC0024236 City of Kinston Northside WWTP 30405 70% 16. NC0020541 City of Kinston Peachtree WWTP 30405 70% 17. NC0025348 City of New Bern New Bern WWTP 30410 100% 18. NC0029033 City of Raleigh Neuse River WWTP 30402 50% 19. NC0023906 City of Wilson Wilson WWTP 30407 50% 20. NC0032077 Contentnea Metropolitan Sewerage Dist. Contentnea Sewerage District WWTP 30407 70% 21. NC0029904 Craven County Schools West Craven Middle School WWTP 30408 100% 22. NC0070084 Craven County Water & Sewer Stately Pines WWTP 30410 100% 23. NC0056545 Craven County Water & Sewer Trent River WWTP 30410 100% 24. NC0065706 Crosby Utilities Crosby Utilities/Cottonwood 30402 50% 25. NC0046230 Crosby Water and Sewer, Inc. Falls Village WWTP 30402 50% 26. NC0022853 Durham Products Eno Sewage Facility 30401 10% 27. NC0003760 E. I. Dupont de Nemours & Company, Inc. Kinston Plant 30405 70% 28. NC0066150 FMRK, Inc. Brighton Forest WWTP 30403 50% 29. NC0024520 G & S Associates Days Inn - Durham 30401 10% 30. NC0043389 Gorman Baptist Church Gorman BC WWTP 30401 10% Permit No. NCCOOOOO1 Appendix B, Page 2 of 3 NPDES Permit No. Permittee Facility Subbasin Transport Factor NC0040606 NC0060577 NC0062740 NC0062715 NC0056391 NC0049662 NC0058505 NC0064564 NC0063614 NC0060771 NC0063746 NC0073318 NC0030716 NC0060330 NC0038938 NC0064149 NC0040266 NC0059099 NC0032573 NC0032565 NC0032557 NC0061492 NC0049034 NC0043001 NC0037915 NC0035181 NC0026824 NC0042340 NC0064246 NC0036471 NC0001881 NC0060526 NC0051071 NC0049042 NC0064556 NC0056278 NC0038784 NC0030724 NC0056731 NC0064050 NC0020389 NC0074837 NC0048879 NC0065102 NC0025453 NC0048062 NC0029572 NC0066516 NC0026433 Heater Utilities, Inc. Heater Utilities, Inc. Heater Utilities, Inc. Heater Utilities, Inc. Heater Utilities, Inc. Heater Utilities, Inc. Heater Utilities, Inc. Heater Utilities, Inc. Heater Utilities, Inc. Indian Creek Overlook Ira D Lee & Associates Ira D Lee & Associates Johnston County Johnston County Johnston County Board of Education Jones Dairy Farm Utilities Knightdale MHP Limited Partnership Lake Ridge Aero Park Lenoir County Public Schools Lenoir County Public Schools Lenoir County Public Schools Maury Sanitary Land District Mount Auburn Training Center Mt. Sylvan United Methodist Church Nash/Rocky Mount Schools NC Center For Mature Adults NC DHHS Neuse Woods Apartments Pace Mobile Home Park Person County Schools Phillips Plating Company Pope Industrial Park II Ltd Redwood Partners LLC Riley Hill Baptist Church Inc River Dell Utilities, Inc. River Mill Homeowners Association, Inc. Riverview Mobile Home Park Southside MHP The Chesson Group Town of Apex Town of Benson Town of Bridgeton Town of Cary Town of Cary Town of Clayton Town of Eureka Town of Farmville Town of Fuquay-Varina Town of Hillsborough Barclay Downs WWTP Beachwood WWTP Briarwood Farms WWTP Crooked Creek WWTP Cross Creek Mobile Estates WWTP Hawthorne Subdivision WWTP Mallard Crossing WWTP Neuse Colony WWTP Wildwood Green WWTP Indian Creek Overlook Deerchase WWTP Whippoorwill Valley WWTP Central Johnston County WWTP White Oak Plantation WWTP Corinth -Holder Elementary & Middle School Jones Dairy Farm WWTP Knightdale MHP Limited Partnership Lake Ridge Aero Park Moss Hill Elementary School WWTP North Lenoir High School WWTP South Lenoir High School WWTP Maury Sanitary Land District WWTP Mount Auburn Training Center Mt. Sylvan UMC WWTP Southern Nash High School NC Center For Mature Adults Butner WWTP Neuse Woods Apartments Pace Mobile Home Park Helena Elementary School WWTP Phillips Plating Company Pope Industrial Park II Ltd Redwood Academy WWTP Riley Hill Baptist Church Inc Buffalo Creek WWTP River Mill WWTP Riverview Mobile Home Park Southside MHP WWTP Grande Oak Subdivision WWTP Middle Creek WWTP Benson WWTP Bridgeton WWTP North WWTP South WWTP Little Creek WWTP Eureka Town- WWTP Farmville WWTP Terrible Creek WWTP Hillsborough WWTP 30402 30402 30403 30403 30402 30401 30402 30402 30401 30402 30402 30402 30402 30402 30406 30402 30402 30401 30405 30407 30407 30407 30402 30401 30407 30403 30401 30410 30402 30401 30410 30402 30401 30406 30406 30402 30402 30403 30401 30403 30404 30410 30402 30403 30402 30407 30407 30403 30401 50% 50% 50% 50% 50% 10% 50% 50% 10% 50% 50% 50% 50% 50% 50% 50% 50% 10% 70% 50% 50% 50% 50% 10% 50% 50% 10% 100% 50% 10% 100% 50% 10% 50% 50% 50% 50% 50% 10% 50% 50% 100% 50% 50% 50% 50% 50% 50% 10% Permit No. NCC000001 Appendix B, Page 3 of 3 NPDES Permit No. Permittee Facility Subbasin Transport Factor 80. NC0025712 Town of Hookerton Hookerton WWTP 30407 50% 81. NC0064891 Town of Kenly Kenly Regional WWTP 30406 50% 82. NC0021644 Town of La Grange La Grange WWTP 30405 70% 83. NC0022363 Town of Middlesex Middlesex WWTP 30407 50% 84. NC0050938 Town of Morrisville Morrisville WTP 30402 50% 85. NC0050041 Town of Morrisville Morrisville WWTP 30402 50% 86. NC0026662 Town of Princeton Princeton WWTP 30406 50% 87. NC0030406 Town of River Bend River Bend WWTP 30411 100% 88. NC0020842 Town of Snow Hill Snow Hill WWTP 30407 50% 89. NC0057606 Town of Stantonsburg Stantonsburg WWTP 30407 50% 90. NC0021342 Town of Trenton Trenton WWTP 30411 100% 91. NC0031828 Town of Vanceboro Vanceboro WWTP 30409 100% 92. NC0030759 Town of Wake Forest Wake Forest WWTP 30402 50% 93. NC0020362 Town of Walstonburg Walstonburg WWTP 30407 50% 94. NC0079316 Town of Zebulon Little Creek WWTP 30407 50% 95. NC0065714 Tradewinds Homeowners Association, Inc. Tradewinds WWTP 30402 50% 96. NC0056499 Uniprop, Inc. Mill Run Mobile Home Park 30402 50% 97. NC0039292 Uniprop, Inc. Riverwalk Mobile Home Park 30402 50% 98. NC0003816 US MCAS Cherry Point Cherry Point WWTP 30410 100% 99. NC0061638 Utilities Inc Amherst WWTP 30403 50% 100. NC0039233 Village of Walnut Creek Walnut Creek WWTP 30405 70% 101. NC0025631 Wake Technical Institute Wake Tech WWTP 30403 50% 102. NC0030392 Wayne County Genoa Industrial Park WWTP 30405 70% 103. NC0034819 Wayne County Board of Education Charles B. Aycock High School 30407 50% 104. NC0034801 Wayne County Board of Education Norwayne Junior High School 30407 50% 105. NC0003191 Weyerhaeuser Company New Bern Mill 30408 100% 106. NC0064408 Whitewood Prop Inc Neuse Crossing WWTP 30402 50% 107. NC0031640 Willow Springs Country Club Willow Springs CC WWTP 30407 50% 108. NC0081752 Willowhaven Country Club Willowhaven CC WWTP 30401 10% 109. NC0066613 Zachary Taylor Hwy 55 Site WWTP 30410 100% Parts II & III Page 1 of 9 Permit No. NCC000001 PART II STANDARD CONDITIONS FOR NPDES PERMITS SECTION A - APPLICABILITY OF PARTS II AND III Parts II and III of this permit contain standard conditions that apply specifically to individual permittees that own or operate a treatment facility. These (or similar) conditions are routinely found in North Carolina's NPDES wastewater permits, including those of the Neuse River Compliance Association's co- permittee members. The conditions do not necessarily apply to the Association or its members within the context of this group permit. The group permit includes those standard conditions that apply here at least in part. For the purposes of determining compliance with this permit, these conditions shall be read with the following understanding: a. The Neuse River Compliance Association serves as a governing body for its Members. It neither owns nor operates treatment facilities. Consequently, the standard conditions in Parts II and III of this permit which by their terms or meaning regulate a permittee that owns or operates a treatment facility, or which are inconsistent with the Special Conditions in Part I of this permit, shall neither be applicable to nor enforceable against the Association. b. Each of the Co-Permittee Members governed by this Association permit owns or operates one or more treatment facilities. Each holds an individual NPDES permit for each facility and remains subject to the standard conditions in its permit(s). Consequently, the standard conditions in this Association permit shall neither be applicable to nor enforceable against the individual Co-Permittee Members under this group permit unless such is clearly consistent with the construction of the permit. c. Wherever a standard condition in this Association permit is by its terms or meaning applicable to the Association or to the membership in its entirety, and it refers to "the permittee," it shall be construed to mean the Association and its Co-Permittee Members. SECTION B - DEFINITIONS 1. Act or "the Act" The Federal Water Pollution Control Act, also known as the Clean Water Act (CWA), as amended, 33 USC 1251, et. seq. 2. DWR or "the Division" The Division of Water Resources, Department of Environment Quality. 3. EMC The North Carolina Environmental Management Commission. 4. EPA The United States Environmental Protection Agency. 5. Permit Issuing Authority The Director of the Division of Water Resources. Version 10/17/2018 - NRCA Parts II & III Page 2 of 9 Permit No. NCC000001 SECTION C - GENERAL CONDITIONS 1. Duty to Comply The Permittee must comply with all conditions of this permit. Any permit noncompliance constitutes a violation of the CWA and is grounds for enforcement action; for permit termination, revocation and reissuance, or modification; or denial of a permit renewal application [40 CFR 122.41]. a. The Permittee shall comply with effluent standards or prohibitions established under section 307(a) of the CWA for toxic pollutants and with standards for sewage sludge use or disposal established under section 405(d) of the CWA 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 CWA provides that any person who violates section[s] 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 $37,500 per day for each violation. [33 USC 1319(d) and 40 CFR 122.41(a)(2)] c. The CWA 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. [33 USC 1319(c)(1) and 40 CFR 122.41(a)(2)] d. Any person who knowingly 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. [33 USC 1319(c)(2) and 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 $16,000 per violation, with the maximum amount of any Class I penalty assessed not to exceed $37,500. Penalties for Class II violations are not to exceed $16,000 per day for each day during which the violation continues, with the maximum amount of any Class II penalty not to exceed $177,500. [33 USC 1319(g)(2) and 40 CFR 122.41(a)(3)] g. Version 10/17/2018 - NRCA Parts II & III Page 3 of 9 Permit No. NCC000001 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 with 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. 7. Severability The provisions of this permit are severable. If any provision of this permit, or the application of any provision of this permit to any circumstances, is held invalid, the application of such provision to other circumstances, and the remainder of this permit, shall not be affected thereby [NCGS 150B-23]. 8. Duty to Provide Information The Permittee shall furnish to the Permit Issuing Authority, within a reasonable time, any information which the Permit Issuing Authority may request to determine whether cause exists for modifying, revoking and reissuing, or terminating this permit or to determine compliance with this permit. The Permittee shall also furnish to the Permit Issuing Authority upon request, copies of records required by this permit [40 CFR 122.41(h)]. 9. Duty to Reapply If the Permittee wishes to continue an activity regulated by this permit after the expiration date of this permit, the Permittee must apply for and obtain a new permit [40 CFR 122.41(b)]. 10. Expiration of Permit The Permittee is not authorized to discharge after the expiration date. In order to receive automatic authorization to discharge beyond the expiration date, the Permittee shall submit such information, forms, and fees as are required by the agency authorized to issue permits no later than 180 days prior to the expiration date unless permission for a later date has been granted by the Director. (The Director shall not grant permission for applications to be submitted later than the expiration date of the existing permit.) [40 CFR 122.21(d)] 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. Version 10/17/2018 - NRCA Parts II & III Page 4 of 9 Permit No. NCC000001 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] 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]. NO OTHER STATEMENTS OF CERTIFICATION WILL BE ACCEPTED: "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." 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)]. Version 10/17/2018 - NRCA Parts II & III Page 5 of 9 Permit No. NCC000001 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 02H .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 02H .0105(b)(2) may cause this Division to initiate action to revoke the permit. SECTION D - MONITORING AND RECORDS 1. Representative Sampling Samples collected and measurements taken, as required herein, shall be representative of the permitted discharge. Samples collected at a frequency less than daily shall be taken on a day and time that is representative of the discharge for the 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 last calendar day of the month 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 DEQ / Division of Water Resources / Water Quality Permitting Section ATTENTION: Central Files 1617 Mail Service Center Raleigh, North Carolina 27699-1617 3. Flow Measurements Appropriate flow measurement devices and methods consistent with accepted scientific practices shall be selected and used to ensure the accuracy and reliability of measurements of the volume of monitored discharges. The devices shall be installed, calibrated and maintained to ensure that the accuracy of the measurements is consistent with the accepted capability of that type of device. Devices selected shall be capable of measuring flows with a maximum deviation of less than 10% from the true discharge rates throughout the range of expected discharge volumes. Flow measurement devices shall be accurately calibrated at a minimum of once per year and maintained to ensure that the accuracy of the measurements is consistent with the accepted capability of that type of device. The Director shall approve the flow measurement device and monitoring location prior to installation. Once -through condenser cooling water flow monitored by pump logs, or pump hour meters as specified in Part I of this permit and based on the manufacturer's pump curves shall not be subject to this requirement. 4. Test Procedures Laboratories used for sample analysis must be certified by the Division. Permittees should contact the Division's Laboratory Certification Section (919 733-3908 or Version 10/17/2018 - NRCA Parts II & III Page 6 of 9 Permit No. NCC000001 https: / / deq.nc.gov/ about/ divisions/ water -resources/ water -resources -data/ water-sciences-home- page/laboratory-certification-branch) for information regarding laboratory certifications. Facilities whose personnel are conducting testing of field -certified parameters only must hold the appropriate field parameter laboratory certifications. 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 CWA (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 CWA 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; e. The analytical techniques or methods used; and f. The results of such analyses. Version 10/17/2018 - NRCA Parts II & III Page 7 of 9 Permit No. NCC000001 8. Inspection and Entry The Permittee shall allow the Director, or an authorized representative (including an authorized contractor acting as a representative of the Director), upon the presentation of credentials and other documents as may be required by law, to; a. Enter, at reasonable times, 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 CWA, any substances or parameters at any location [40 CFR 122.41(i)]. SECTION F - REPORTING REQUIREMENTS 1. Change in Discharge All discharges authorized herein shall be consistent with the terms and conditions of this permit. The discharge of any pollutant identified in this permit more frequently than or at a level in excess of that authorized shall constitute a violation of the permit. 2. Planned Changes The Permittee shall give notice to the Director as soon as possible of any planned physical alterations or additions to the permitted facility [40 CFR 122.41(1)]. Notice is required only when: a. The alteration or addition to a permitted facility may meet one of the criteria for new sources at 40 CFR 122.29(b); or b. The alteration or addition could significantly change the nature or increase the quantity of pollutants discharged. This notification applies to pollutants subject neither to effluent limitations in the permit, nor to notification requirements under 40 CFR 122.42(a)(1); or c. The alteration or addition results in a significant change in the Permittee's sludge use or disposal practices, and such alteration, 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 without prior written notice to and approval from the Director in accordance with 40 CFR 122.61. The Director may condition approval in accordance with NCGS 143-215.1, in particular NCGS 143-215.1(b)(4)b.2., and may require modification or revocation and reissuance of the permit, or a minor modification, to identify the new permittee and incorporate such other requirements as may be necessary under the CWA [40 CFR 122.41(1)(3), 122.61] or state statute. 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. Version 10/17/2018 - NRCA Parts II & III Page 8 of 9 Permit No. NCC000001 b. If the Permittee monitors any pollutant more frequently than required by this permit using test procedures approved under 40 CFR Part 136 and at a sampling location specified in this permit or other appropriate instrument governing the discharge, the results of such monitoring shall be included in the calculation and reporting of the data submitted on the DMR. 6. Twenty-four Hour Reporting a. The Permittee shall report to the Director or the appropriate Regional Office any noncompliance that potentially threatens public health or the environment. Any information shall be provided orally within 24 hours from the time the Permittee became aware of the circumstances. A written submission shall also be provided within 5 days of the time the Permittee becomes aware of the circumstances. The written submission shall contain a description of the noncompliance, and its cause; the period of noncompliance, including exact dates and times, and if the noncompliance has not been corrected, the anticipated time it is expected to continue; and steps taken or planned to reduce, eliminate, and prevent reoccurrence of the noncompliance [40 CFR 122.41(1)(6)]. b. The Director may waive the written report on a case -by -case basis for reports under this section if the oral report has been received within 24 hours. c. Occurrences outside normal business hours may also be reported to the Division's Emergency Response personnel at (800) 662-7956, (800) 858-0368 or (919) 733-3300. 7. Other Noncompliance The Permittee shall report all instances of noncompliance not reported under Part II.E.5 and 6. of this permit at the time monitoring reports are submitted. The reports shall contain the information listed in Part II.E.6. of this permit [40 CFR 122.41(1)(7)]. 8. Other Information Where the Permittee becomes aware that it failed to submit any relevant facts in a permit application, or submitted incorrect information in a permit application or in any report to the Director, it shall promptly submit such facts or information [40 CFR 122.41(1)(8)]. 9. Noncompliance Notification The Permittee shall report by telephone to either the central office or the appropriate regional office of the Division as soon as possible, but in no case more than 24 hours or on the next working day following the occurrence or first knowledge of the occurrence of any of the following: a. Any occurrence at the water pollution control facility which results in the discharge of significant amounts of wastes which are abnormal in quantity or characteristic, such as the dumping of the contents of a sludge digester; the known passage of a slug of hazardous substance through the facility; or any other unusual circumstances. b. Any process unit failure, due to known or unknown reasons, that render the facility incapable of adequate wastewater treatment such as mechanical or electrical failures of pumps, aerators, compressors, etc. c. Any failure of a pumping station, sewer line, or treatment facility resulting in a by-pass without treatment of all or any portion of the influent to such station or facility. Persons reporting such occurrences by telephone shall also file a written report within 5 days following first knowledge of the occurrence. Also see reporting requirements for municipalities in Part IV.C.2.c. of this permit. 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. 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. Version 10/17/2018 - NRCA Parts II & III Page 9 of 9 Permit No. NCC000001 11. Penalties for Falsification of Reports The CWA 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 $25,000 per violation, or by imprisonment for not more than two years per violation, or by both [40 CFR 122.41]. 12. Annual Performance Reports Permittees who own or operate facilities that collect or treat municipal or domestic waste shall provide an annual report to the Permit Issuing Authority and to the users/customers served by the Permittee (NCGS 143-215.1C). The report shall summarize the performance of the collection or treatment system, as well as the extent to which the facility was compliant with applicable Federal or State laws, regulations and rules pertaining to water quality. The report shall be provided no later than sixty days after the end of the calendar or fiscal year, depending upon which annual period is used for evaluation. The report shall be sent to: NC DEQ / Division of Water Resources / Water Quality Permitting Section ATTENTION: Central Files 1617 Mail Service Center Raleigh, North Carolina 27699-1617 PART III OTHER REQUIREMENTS SECTION A - CONSTRUCTION a. The Permittee 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 (1) the Division has issued an Authorization to Construct (ATC) permit or (2) the Permittee is exempted from such ATC permit requirements under Item b. of this Section. b. In accordance with NCGS 143-215.1(a5) [SL 2011-394], no permit shall be required to enter into a contract for the construction, installation, or alteration of any treatment work or disposal system or to construct, install, or alter any treatment works or disposal system within the State when the system's or work's principle function is to conduct, treat, equalize, neutralize, stabilize, recycle, or dispose of industrial waste or sewage from an industrial facility and the discharge of the industrial waste or sewage is authorized under a permit issued for the discharge of the industrial waste or sewage into the waters of the State. Notwithstanding the above, the permit issued for the discharge may be modified if required by federal regulation. c. Issuance of an ATC will not occur until Final Plans and Specifications for the proposed construction have been submitted by the Permittee and approved by the Division. -END OFPARTS II&III - Version 10/17/2018 - NRCA EQ-4 NPDES Fact Sheet - Addendum DNeuse River Compliance Association (NRCA) NCC000001, Minor Modification December 21, 2021 1. SCOPE This Fact Sheet addendum is limited to the scope of the minor permit modification described below. For additional information regarding the facility and other requirements of its permit, refer to the December 12, 2018, Fact Sheet. 2. PERMIT ACTION By its letter of September 29, 2021, and email of December 7, 2021, the Neuse River Compliance Association (NRCA) requested modification of its group permit to reflect the addition of a new member and several purchases of estuary Total Nitrogen (TN) allocation and offset credits by certain existing members, and to revise the Association's Estuary TN Limit accordingly. The Division reviewed the requests and supporting materials and is modifying the group permit as requested. By agreement with EPA Region 4, this is a minor modification of the permit. The specific changes are provided below and are included in the version of Appendix A of the permit. 3. PERMIT REVISIONS - MEMBERSHIP, NITROGEN HOLDINGS, ESTUARY TN LIMITS The modified permit includes the following changes to Appendix A, which become effective January 1, 2022: • Snow Hill. The Town of Snow Hill (NC0020842) has been added as a new co-permittee member, with an active estuary allocation of 2,816 lb/yr; • Clayton. The holdings of the Town of Clayton (NC0025453) have been revised to include 13,000 lb/yr TN of estuary allocation purchased from the International Paper New Bern Mill (NC0003191) and 15,908 lb/yr TN of estuary offset credits purchased from Restoration Systems' Flat Swamp Mitigation Bank; both allocations are held in reserve pending expansion of the facility; • Raleigh. The holdings of the City of Raleigh (NC0029033) have been revised to include 13,000 lb/yr TN estuary allocation purchased from the International Paper New Bern Mill (NC0003191); and • Johnston County. The holdings of Johnston County (NC0030716) have been revised to include 1,000 lb/yr TN estuary allocation purchased from Phillips Plating (NC0001881). No change was required to Snow Hill's permit for its admission to the Association. The Town of Clayton permit was modified September 15, 2020, and January 15, 2021, to reflect its purchase of offset credits and TN allocation, respectively. Raleigh's Neuse River permit was modified December 13, 2021, and Johnston County's permit was modified May 21, 2021, to reflect their respective purchases. The permits note that the changes in all three facilities' TN holdings become effective January 1, 2022; however, because the facilities are co-permittee members of the NRCA, they are deemed to be in compliance with those limits. Instead, the facilities will continue to be subject to the limits in Appendix A of the NRCA permit. This permit modification reflects their revised TN holdings, and the resulting limits become effective January 1, 2022. Raleigh's and Johnston County's increased holdings result in increases in the TN Load limits for their individual facilities and in the Association's collective limit. Clayton's added allocation and FACT SHEET - Addendum Neuse River Compliance Association (NRCA) NPDES Permit - Minor Modification NPDES No. NCC000001 credits are held in reserve, pending expansion (per Rule 02B .0713(8)(d)), and do not affect the Town's or the Association's TN limits. With these revisions, the Association's holdings and its Estuary TN Limit increases as follows, effective January 1, 2022: Association Estuary TN Limit 1,214,838 lb/yr Reserve Estuary Allowance 64,881 lb/yr Total Estuary Allowance 1,279,719 lb/yr For the purposes of this permit, "Allowance" means the combination of TN allocations and nitrogen offset credits held by the Association and its Co-Permittee Members. All other terms and conditions of the December 30, 2019, group permit remain in full effect. 4. PUBLIC NOTICE SCHEDULE With the consent of EPA Region 4, changes in TN holdings that have undergone public review in the course of modification of individual NPDES permits are not required to undergo a second public process. Thus, this permit action is taken as a minor permit modification. No public notice is required. 5. DIVISION/ STAFF CONTACT Questions regarding the above information can be directed to Mike Templeton at mike.templeton@ncdenr.gov or (919) 707-3603. --- end of fact sheet addendum ---