Loading...
HomeMy WebLinkAboutNCC000003_CY2020 mod_20191230ROY COOPER Governor MICHAEL S. REGAN Secretary LINDA CULPEPPER Director NORTH CAROLINA Erwirorrmrrrtrrf Quality December 30, 2019 Ms. Martha E. Groome Haw River Nutrient Compliance Association P.O. Box 3136 Greensboro, North Carolina 27402-3136 Subject: Modification of Permit No. NCC000003 Haw River Nutrient Compliance Association Dear Ms. Groome: The Division has reviewed the Haw River Nutrient Compliance Association's requests of June 17 and 26, 2019, for modification of its NPDES permit and is forwarding herewith the revised cover sheet and Appendix A of the permit. Please replace the affected pages of your current permit, issued December 22, 2016, with these revised pages. 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 change, which becomes effective January 1, 2020: • Per the Association's request, Appendix A now includes the City of Burlington as a co- permittee member and its treatment facilities as member facilities: o Eastside WWTP, NC0023868, and o Southside WWTP, NC0023876. All other terms and conditions of the 2016 permit are unchanged and remain in full effect. With the addition of these members, the Association's TP Limit increases to 100,063 lb/yr delivered load. 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, Raleigh, North Carolina 27699-6714). Unless such demand is made, this decision shall be final and binding. 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. NCC000003 December 30, 2019 If you have any questions concerning this permit modification, please contact Mike Templeton at (919) 707-3603 or at mike.templeton@ncdenr.gov. Sincerely, )* Linda Culpepper Division of Water Resources Enclosure(s): Modified Cover Sheet & Appendix A, NPDES Permit NCC000003 cc (w/ enclosures): NPDES Unit Files e-copy (w/ enclosures): Tonya Mann, President, HRNCA Michael Borchers, Secretary -Treasurer, HRNCA NPDES Permitting Section, Region IV, EPA Raleigh Regional Offices, Water Quality Permitting Winston-Salem Regional Offices, Water Quality Permitting Nora Deamer, Basin Planning Branch 00003 HRNCA - CY2020 mod - cov Itr 20191230.docx 12/31/2019 3:22 PM Fact Sheet - NPDES Permit Haw River Nutrient Compliance Association NPDES No. NCC000003 Addendum - CY2020 Modification PERMIT ACTION By its letters of June 17 and 26, 2019, the HRNCA requested a permit modification to add the City of Burlington as a new co-permittee member. Burlington owns and operates two 12.0 MGD facilities: Eastside WWTP (NC0023868) and Southside WWTP (NC0023876). The Division finds the change acceptable under the Jordan Lake nutrient strategy and is modifying the Association's permit as requested. This modification is effective on January 1, 2020, and the permit's expiration date remains at December 31, 2021. EXPLANATION OF CHANGES Appendix A of the permit has been revised to reflect the following changes beginning in calendar year 2020: • Burlington is added as a co-permittee member, and the TP allocations for its two facilities have been entered in the table of allocations/ limits. PERMIT FACILITY DISCHARGE TP ALLOCATION DELIVERED TP ALLOCATION NC0023868 Burlington — Eastside WWTP 24,270 16,746 NC0023876 Burlington — Southside WWTP 24,270 17,717 Total Added: - 34,463 • Total Phosphorus allocations and limits in the HRNCA group permit are calculated as the sum of the values found in the members' individual NPDES permits. Thus, the Association's new Delivered TP Limit is its current limit of 65,600 lb/yr plus Burlington's allocations of 34,463 lb/yr, or a total of 100,063 lb/yr. As a co-permittee member of the Association, Burlington will now be deemed in compliance with the TP limits in its individual permits and is subject to the TP group and individual limits set forth in the group permit. --- end of fact sheet addendum --- 12/20/2017 Permit No. NCC000003 STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES 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 Haw River Nutrient Compliance Association and Its Co-Permittee Members are hereby authorized to discharge Total Phosphorus from the Co-Permittee Member treatment facilities listed herein to receiving waters tributary to the Haw River Arm of Jordan Reservoir in the Cape Fear River Basin in accordance with effluent limitations, reporting requirements, and other conditions set forth in this permit. The conditions in this group permit supplement the conditions in the Co-Permittee Members' individual NPDES wastewater permits. Together, the group and individual permits establish an integrated set of nutrient control requirements consistent with the B. Everett Jordan Reservoir TMDL. All conditions in the Co-Permittee Members' individual permits remain in full effect except as specifically provided in those permits. This permit shall become effective January 1, 2020. This permit and the authorization to discharge shall expire at midnight on December 31, 2021. Signed this day December 30, 2019. i-kEca'k.—‘11-•*---- fo,r Linda Culpepper, Director Division of Water Resources By Authority of the Environmental Management Commission Issued December 22, 2016 Modified December 30, 2019 Permit NCC000003 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 NUTRIENT ALLOCATIONS 2 A.(3.) EFFLUENT LIMITATIONS 2 A.(4.) MONITORING REQUIREMENTS 3 A.(5.) REPORTING REQUIREMENTS 3 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 - MEMBERS/ CO-PERMITTEES AND NUTRIENT ALLOCATIONS/ LIMITS 1 APPENDIX B - POINT SOURCE FACILITIES ASSIGNED NUTRIENT ALLOCATIONS 1 Permit NCC000003 Part I, Page 1 of 5 PART I SPECIAL CONDITIONS A.(1.) DEFINITIONS (a.) Active Allocation: Allocation that is included in calculation of nutrient 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 Allocation.) (b.) Allocation (or "TP Allocation"): (1) The mass quantity (as of TP) that a discharger or group of dischargers (such as the Association) is potentially allowed to release to surface waters in a calendar year in accordance with the Jordan Reservoir TMDL. TP Allocations may be expressed 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 portion of those values. (c.) Association: The Haw River Nutrient Compliance Association, a not -for -profit corporation whose members are NPDES-permitted dischargers in the Haw River arm of the Jordan Reservoir watershed; established voluntarily by its members to work cooperatively to meet aggregate TP Allocations established in the Jordan Reservoir TMDL. (d.) Co-Permittee Members: Those NPDES dischargers that in a given calendar year are members of the Association and are listed in Appendix A of this permit. (e.) Limitation (or "TP Limit(ation)" or "TP Load Limit(ation)"): The mass quantity, such as of TP, specified in an NPDES permit as the maximum that an individual discharger or group of dischargers is authorized to discharge to surface waters in a calendar year. The TP 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 group limitations). (f.) Load (or "TP Load"): The actual mass quantity (as of TP) that a discharger or group of dischargers releases into surface waters of the Haw River watershed. (g.) Regionalization: The consolidation of wastewater collection and/or treatment systems that results in the elimination of one or more NPDES-permitted discharges. (h.) Reserve Allocation: Allocation that is not included in the calculation of nutrient limits. The Division may designate allocation as reserve when water quality -based effluent limitations are established to prevent localized impacts and render that allocation inactive, when treatment of the allocation as active would be inconsistent with the Jordan Reservoir TMDL; or at the request of the member or the association holding the allocation. (See also Active Allocation, WQBELs.) 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 the B. Everett Jordan Reservoir TMDL, approved by the U.S. Environmental Protection Agency on September 20, 2007, and any subsequent revisions approved by the EPA. (j.) Total Nitrogen (TN): The sum of the organic, nitrate, nitrite, and ammonia species of nitrogen in a water or wastewater. (k.) Total Phosphorus (TP): The sum of the orthophosphate, polyphosphate, and organic phosphate species of phosphorus in a water or wastewater. Water Quality -Based Effluent Limitations (WQBELs): Limitations calculated specifically to ensure that a discharge does not cause an exceedance of water quality standards in waters upstream of the Jordan Reservoir. In the context of this permit, individual WQBELs pertain only to Total Phosphorus limits for individual co-permittee members. Issued December 22, 2016 Modified December 30, 2019 Permit NCC000003 Part I, Page 2 of 5 A.(2.) CO-PERMITTEES AND NUTRIENT ALLOCATIONS (a.) Co-Permittees to this permit shall be the Haw River Nutrient Compliance Association (the "Association") and each of its Co-Permittee Members. The Co-Permittee Members, the Members' individual TP allocations/ limits, and the Association TP allocations/ limits 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 or in regulation, the Division shall revise Appendix A to incorporate changes in Association membership, allowable changes in TP allocations/ limits, or reapportionment of allocations by the Association and the Co-Permittee Members. (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 TP allocations to Appendix A as a Co-Permittee Member and adjust the Association's allocations/ limits accordingly. (B) Termination. In the event that a Member seeks release as a Co-Permittee to this permit or its membership is terminated, the Division shall delete the Member and its TP allocations from Appendix A and adjust the Association's allocations/ limits accordingly. (ii.) For the purposes of this permit, allowable changes in TP allocations/ limits include those resulting from purchase of allocation or offsets from the NC DEQ Division of Mitigation Services 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 TP allocations among themselves; however, the Division shall modify this permit to incorporate the resulting changes into Appendix A only when specifically requested in writing by the Association and after such changes have been incorporated into the affected individual permits at the request of the permittees. (c.) For the purposes of this permit, Association membership, individual or Association TP allocations and associated limits, and allocation status (active or reserve) are effective on a calendar year basis, and any changes other than technical corrections 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 Phosphorus (TP) from the treatment facilities listed in Appendix A subject to the following effluent limitations. (i.) Association TP Limitations. In any calendar year, the Association's TP Load shall not exceed its TP Limitation as specified in Appendix A. (ii.) Co-Permittee Member TP Limitations. (A) In any calendar year in which the Association TP Load exceeds the Association TP Limitation in Appendix A, Co-Permittee Members shall not exceed their individual TP Limitations as listed in Appendix A; (B) In any calendar year in which the Association TP Load does not exceed its TP Limitation, all Co-Permittee Members are deemed to be in compliance with the individual TP Loads in Appendix A. (iii.) Individual WQBELs: If the Division determines that a Co-Permittee Member's TP discharge has reasonable potential to cause localized water quality impacts upstream of the Jordan Reservoir, it may further restrict the discharge of the nutrient(s) of concern to prevent the localized impact. The Division will then propose to incorporate the new limit(s) into the Permit NCC000003 Part I, Page 3 of 5 Member's individual NPDES permit and this group permit according to standard permitting procedures. Once an individual WQBEL becomes effective in this group permit, the Member is subject to the new limit in lieu of the Association TP Limit. (b.) In the event that a Co-Permittee Member's membership in the Association is terminated, the departing Member shall no longer be a party to this permit and shall become subject to the TP limitation set forth in its individual NPDES permit. (i.) Termination of co-permittee status and re -imposition of a discharger's individual TP 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 TP 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 TP limitation in the departing Member's individual NPDES permit, as necessary, and shall also modify Appendix A of this permit and the Association TP Limit accordingly, effective January 1 of the following year. 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. 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, as necessary and in writing, modification of this permit to reflect changes in membership or in TP allocations to become effective in the following calendar year. The Association may revise its request through proper written notification. (c.) 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.) a tabular summary of the total and individual TP Loads discharged by the Association and its Co-Permittee Members during the year; (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 TP Allocations of the Association or its Co-Permittee Members. (d.) Annual Loading Projections; Progress Reports. If the Association exceeds 85% of its TP limitation in any calendar year, the Association shall, no later than July 1 of the following year, develop annual loading projections of its co-permittee members' discharges, evaluate the effectiveness of the members' nutrient controls, identify improvements sufficient to ensure continued compliance Permit NCC000003 Part I, Page 4 of 5 with the nutrient limits, and submit to the Division a report of its findings, proposed treatment improvements and related actions, and a timeline for implementing the proposed measures. If necessary controls cannot be implemented in time to prevent exceedance of the existing TP limitation, the Association shall purchase offset credit(s) in advance according to Condition A.(6.)(b.), below. (e.) Five -Year Report. No later than July 1, 2021, 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 listing of all membership changes and allowable changes in TP Allocations of the Association or its Co-Permittee Members occurring during the term of this permit; (ii.) a description of the Association's nutrient control strategy during that time; (iii.) a summary of substantial new measures undertaken during that time to control nutrient 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 TP Limitation in a given calendar year, the Association shall, no later than July 1 of the following year, make full and sufficient payment to the NC DEQ Division of Mitigation Services or other agent approved by the Division to acquire offset credits for the excess load(s) and provide documentation of the credits to the Division's Wastewater Permitting Section, NPDES Program. (b.) If the annual loading projections developed per Condition A.(5.)(d.), above, indicate that the Association will likely exceed its TP limitation in the coming year, the Association shall also, no later than July 1 of the current year: (i.) acquire sufficient credits to offset the projected exceedance(s), and (ii.) provide documentation of the credits to the Division's Wastewater Permitting Section, NPDES Program, along with a written request and applicable fee for modification of this permit for the purpose of adding the acquired credits to the Association allocations/ limits in Appendix A. (c.) For any calendar year in which the Association exceeds its TP limitation, the Association shall be in violation of this permit, and the Division may take appropriate enforcement action against the Association. (d.) For any calendar year in which the Association exceeds its TP limitation, any Co-Permittee Member that exceeds its corresponding individual limitation shall also be in violation of this permit, and the Division may take appropriate enforcement action against the Member for such exceedance. (e.) For any calendar year in which a Co-Permittee Member exceeds an individual TP WQBEL applied to it, the Member shall be in violation of this permit, regardless of Association compliance, and the Division may take appropriate enforcement action against the Member for such exceedance. 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. (f.) Permit NCC000003 Part I, Page 5 of 5 (g.) No Co-Permittee Member shall be liable for any other Co-Permittee Member's non-compliance with this permit. A.(7.) CALCULATION OF MASS LOADS For the purposes of this permit, monthly and annual TP Loads shall be calculated as follows: (a.) Individual Facility Monthly TP Load (lb/mo) = TP x TMF x 8.34 where: TP TMF 8.34 = the average Total Phosphorus concentration (mg/L) of the composite samples collected during the month = the Total Monthly Flow of wastewater discharged during the month (MG/mo) = conversion factor, from (mg/L x MG) to pounds (b.) Individual Facility Annual TP Load (lb/yr) = Sum of the 12 Monthly TP Loads for the calendar year (c.) Association TP Load (1b/yr) = Sum of All Members' TP Loads for the calendar year - END OF PART I - Permit NCC000003 Appendix A Page 1 of 1 APPENDIX A HAW RIVER NUTRIENT COMPLIANCE ASSOCIATION MEMBERS/ CO-PERMITTEES AND NUTRIENT ALLOCATIONS/ LIMITS Permittee Permit Facility TF Discharge TP Allocations Delivered TP Allocations/ Limits Holdings Facility Total Holdings Facility Total 1 Graham, City of 1.1 NC0021211 Graham WWTP 71% 7,079 7,079 5,026 5,026 2 Greensboro, City of 2.1 NC0047384 T. Z. Osborne WRF 44% 80,899 112,044 35,595 49,299 2.1.1 Connection 2.1.2 Connection 2.1.3 Connection formerly Guilford County Schools, NC0038156 formerly Guilford County Schools, NC0038172 formerly North Buffalo WRF, NC0024325 204 53 30,889 90 23 13,591 3 Mebane, City of 2.1 NC0021474 Mebane WWTP 55% 5,056 5,056 2,781 2,781 4 Reidsville, City of 4.1 NC0024881 Reidsville WWTP 56% 15,169 15,169 8,494 8,494 5 Burlington, City of 5.1 NC0023868 Eastside WWTP 50% 24,270 24,270 16,746 16,746 5.2 NC0023876 Southside WWTP 50% 24,270 24,270 17,717 17,717 Association TP Limit (Ib/yr) 100,063 Footnote: 1. The Association TP Limit may not equal the apparent sum due to the effects of rounding the individual values. Effective: January 1, 2020. Permit NCC000003 Appendix B Page 1 of 2 APPENDIX B POINT SOURCE FACILITIES ASSIGNED NUTRIENT ALLOCATIONS JORDAN RESERVOIR, HAW RIVER WATERSHED The following is a list of all treatment facilities that, as holders of individual NPDES permits in 2001, are assigned Total Nitrogen (TN) and Total Phosphorus allocations pursuant to state rule 15A NCAC 2B .0270, Jordan Water Supply Nutrient Strategy: Wastewater Discharge Requirements, adopted effective August 2009. The rule establishes aggregate delivered allocations of 895,000 lb/yr TN and 106,000 lb/yr TP for these facilities and prescribes how the allocation is to be divided among the individual facilities. The TP allocations, individual and aggregate, became effective with calendar year 2010. The B. Everett Jordan Reservoir, North Carolina Phase I Total Maximum Daily Load, approved by the USEPA Region 4 on September 20, 2007, also concludes that this aggregate allocation is the maximum allowable contribution from point source dischargers to the Haw River arm of the Jordan Reservoir. NPDES Permit No. Permittee Facility Transport Factors TN TP 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. 12. 13. 14. 15. 16. 17. 18. 19. 20. 21. 22. 23. 24. 25. 26. 27. 28. NC0047384 NC0024325 NC0023868 NC0023876 NC0024881 NC0021211 NC0021474 NC0020354 NC0066966 NC0003913 NC0022691 NC0001210 NC0022675 NC0042285 NC0046043 NC0077968 NC0042528 NC0038156 NC0073571 NC0029726 NC0001384 NC0035866 NC0065412 NC0046809 NC0060259 NC0031607 NC0046019 NC0045161 City of Greensboro City of Greensboro City of Burlington City of Burlington City of Reidsville City of Graham City of Mebane Town of Pittsboro Quarterstone Farm Homeowners Assoc. Glen Raven Inc Chateau Communities, Inc. Monarch Hosiery Mills Inc Country Club Communities LLC Trails Property Owners Assoc Oak Ridge Military Academy Horners Mobile Home Park B Everett Jordan & Son-1927 LLC Guilford County Schools Mervyn R. King NC Department of Correction Burlington Industries, Inc County of Chatham REA Enterprises, LLC Pentecostal Holiness Church Willow Oak Mobile Home Park Alamance-Burlington School System Episcopal Diocese of North Carolina Alamance-Burlington School System T.Z. Osborne WWTP North Buffalo Creek WWTP Eastside WWTP Southside WWTP Reidsville WWTP Graham WWTP Mebane WWTP Pittsboro WWTP Quarterstone Farm WWTP Altamahaw Division plant Autumn Forest Manuf. Home Community Monarch Hosiery Mills Incorporated Birmingham Place Trails WWTP Oak Ridge Military Academy Horners Mobile Home Park B Everett Jordan 1927 LLC Northeast Middle & Senior High WWTP Countryside Manor WWTP Guilford Correctional Center WWTP Williamsburg plant Bynum WWTP Pleasant Ridge WWTP Pentecostal Holiness Church Willow Oak Mobile Home Park Western Alamance Middle School The Summit WWTP Altamahaw/Ossipee Elementary School 45% 43% 77% 80% 66% 81% 56% 76% 50% 58% 52% 58% 55% 84% 46% 58% 84% 52% 42% 36% 48% 84% 51% 46% 51% 64% 46% 58% 44% 42% 69% 73% 56% 71% 55% 82% 43% 49% 46% 49% 52% 76% 41% 49% 76% 46% 38% 34% 47% 76% 45% 41% 45% 58% 41% 49% Permit NCC000003 Appendix B Page 2 of 2 NPDES Permit No. Permittee Facility Transport Factors TN TP 29. NC0045144 Alamance-Burlington School System Western Alamance High School 64% 58% 30. NC0038172 Guilford County Schools McLeansville Middle School WWTP 36% 34% 31. NC0022098 Cedar Valley Communities LLC Cedar Valley WWTP 55% 52% 32. NC0045152 Alamance-Burlington School System Jordan Elementary School 84% 76% 33. NC0055271 Shields Mobile Home Park Shields Mobile Home Park 64% 58% 34. NC0048241 Staley Hosiery Mills Staley Hosiery Mills 74% 65% 35. NC0038164 Guilford County Schools Nathanael Greene Elementary School WWTP 75% 66% 36. NC0036994 Rockingham County Board of Education Monroeton Elementary School 42% 38% 37. NC0066010 Rockingham County Board of Education Williamsburg Elementary School 51% 45% 38. NC0045128 Alamance-Burlington School System Sylvan Elementary School 84% 76% Permit NCC000003 Parts II & III Page 1 of 9 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 Haw River Nutrient 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 Haw River Nutrient 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, Water Quality Programs, Department of Environment and Natural Resources. 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. Permit NCC000003 Parts II & III Page 2 of 9 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. Permit NCC000003 Parts II & III Page 3 of 9 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. Permit NCC000003 Parts II & III Page 4 of 9 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)]. Permit NCC000003 Parts II & III Page 5 of 9 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. Permit NCC000003 Parts II & III Page 6 of 9 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 http://portal.ncdenr.org/web/wq/lab/cert) 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. Permit NCC000003 Parts II & III Page 7 of 9 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 E - REPORTING REQUIREMENTS 1. Change in Discharge All discharges authorized herein shall be consistent with the terms and conditions of this permit. The discharge of any pollutant identified in this permit more frequently than or at a level in excess of that authorized shall constitute a violation of the permit. 2. Planned Changes The Permittee shall give notice to the Director as soon as possible of any planned physical alterations or additions to the permitted facility [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. Permit NCC000003 Parts II & III Page 8 of 9 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. Permit NCC000003 Parts II & III Page 9 of 9 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 OF PARTS II&III-