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.
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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
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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.
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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)].
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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
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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.
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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.
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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.
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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.
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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.
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