NCC000003_New permit - final 20161222_20161222

PAT MCCRORY
Governor
Water Resources
ENVIRONMENTAL QUALITY
December 22, 2016
Ms. Martha E. Groome
Haw River Nutrient Compliance Association
P.O. Box 3136
Greensboro, North Carolina 27402-3136
Dear Ms. Groome:
DONALD R. VAN DER VAART
Secretary
S. JAY ZIMMERMAN
Director
Subject: Issuance of NPDES Permit NCC000003
Haw River Nutrient Compliance Association
In accordance with the application for discharge permit dated June 30, 2016, the Division is
forwarding herewith the NPDES permit for the Haw River Nutrient Compliance Association.
This permit is issued pursuant to the requirements of North Carolina General Statute 143-215.1
and to the Memorandum of Agreement between North Carolina and the U.S. Environmental
Protection Agency dated October 15, 2007.
The Division published notice in newspapers of general circulation in the affected counties,
inviting public comments on the draft permit. The only comments received were those from the
HRNCA. The following is a brief response to each:
• Fact Sheet. The typographical errors have been corrected, and the fact sheet has been
updated to reflect the issuance of the permit.
• Permit, page 2, condition A.(3.)(a.)(ii.)(A). The intent of this condition is, of course, to
establish that when the Association exceeds its group limit, the members' individual limits -
which were previously 'inactive' - become effective and are subject to enforcement. The
current wording is the result of negotiations with EPA Region 4 on the first Neuse River
group permit. We can consider other wording but will have to take up the matter with all
three compliance groups and with Region 4.
• TP Offset Costs. We share your concerns about the higher -than -expected costs of TP offsets
in the Jordan Lake watershed and recognize that this will play a significant part in whether
the group compliance approach is cost-effective for the Association's members.
The permit is issued as proposed and reflects the Association's initial TP Allocation and limit of
65,600 lb/yr, effective with calendar year 2017.
If any requirements contained in this permit are unacceptable to you, you have the right to an
adjudicatory hearing upon written request within thirty (30) days following receipt of this
letter. This request must be in the form of a written petition, conforming to Chapter 150B of the
North Carolina General Statutes, and filed with the office of Administrative Hearings, Post
Office Drawer 27447, Raleigh, North Carolina 27611-7447. Unless such a demand is made, this
permit shall be final and binding.
State of North Carolina I Environmental Quality I Water Resources
1617 Mail Service Center I Raleigh, North Carolina 27699-1617
919 807 6300

Ms. Martha E. Groome
Issuance of NPDES Permit NCC000003
December 22, 2016
Please take notice that this permit is not transferable except after notice to the Division of Water
Resources. The Division of Water Resources may require modification or revocation and
reissuance of the permit.
This permit does not affect the legal requirements to obtain other permits that may be required
by the Division of Water Resources, the Division of Energy, Mineral, and Land Resources, the
Coastal Area Management Act, or any other Federal or local governmental permit.
If you have any questions concerning the permit, please contact Mike Templeton at (919) 807-
6402 or [e-mail].
Sincerely,
I* '
S. Jay Zimmerman, P.G., Director
Division of Water Resources
Enclosure: Final permit NCC000003 and Fact Sheet
ec (with encl.): NPDES Permitting Section, EPA Region 4
Nora Deamer, Basin Planning Branch
WSS/ Ecosystems Unit
cc (with encl.): Central Files
Raleigh and Winston-Salem Regional Offices
NPDES Unit Files
2

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, 2017.
This permit and the authorization to discharge shall expire at midnight on December 31, 2021.
Signed this day December 22, 2016.
4- S. Jay Zimmerman, Director
Division of Water Resources
By Authority of the Environmental Management Commission

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.

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 = the average Total Phosphorus concentration (mg/L) of the
composite samples collected during the month
TMF = the Total Monthly Flow of wastewater discharged during the
month (MG/mo)
8.34 = conversion factor, from (mg/L x MG) to pounds
(b.) Individual Facility Annual TP Load (Ib/yr) = Sum of the 12 Monthly TP Loads for the calendar
year
(c.) Association TP Load (lb/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 Individual
Total WQBELs
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
81,156
35,595
35,708
2.1.1 Connection
2.1.2 Connection
formerly Guilford County Schools, NC0038156
formerly Guilford County Schools, NC0038172
204
53
90
23
2.2
NC0024325
North Buffalo WRF
42%
32,359
32,359
13,591
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
Association TP Limit (Ib/yr)
65,600
Footnote:
1. The Association TP Limit may not equal the apparent sum due to the effects of rounding the individual values.

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.

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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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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.

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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.

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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 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.

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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 [phone], [phone] or [phone].
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.
-END OFPARTS II&III -

Water Resources
ENVIRONMENTAL QUALITY
Fact Sheet - NPDES Permit
Haw River Nutrient Compliance
Association
NPDES No. NCC000003
Final Permit (12/22/2016)
PERMIT ACTION
The Haw River Nutrient Compliance Association and its member facilities applied for a new NPDES
permit to govern the group's discharge of Total Phosphorus to the Haw River arm of Jordan Lake.
The group made application on June 30, 2016.
The Division found the Association's application to be acceptable, made a tentative determination to
issue the new group permit, and prepared a draft permit for public review.
The Division published a notice of its determination and the availability of the draft permit in
Winston-Salem Journal, the principle newspaper(s) in the affected watershed, on October 26, 2016,
and accepted comments on the draft permit until November 28, 2016, 30+ days following
publication. The HRNCA provided comments in that time, none of which
On December 22, 2016, the Division issued the permit with no changes.
Effective Date: January 1, 2017
Expiration Date: December 31, 2021
INTRODUCTION
Nutrient Controls.
The Environmental Management Commission (EMC) classified the B. Everett Jordan Lake as
Nutrient Sensitive Waters (NSW) in 1992, after the reservoir had been consistently rated as eutrophic
or hyper-eutrophic since its impoundment in 1983. The N.C. General Assembly passed the Clean
Water Responsibility Act of 1997 (House Bill 515) to further address water quality problems in NSW
waters statewide (NC General Statute 143-215.1(c1) to (c5)). The act set technology -based total
nitrogen (TN) and total phosphorus (TP) limits for facilities discharging greater than 0.5 MGD into
NSW waters. The act also provided that a calibrated nutrient response model could be developed to
establish alternate, waterbody-specific TN and TP limits.
The municipalities of Greensboro, Mebane, Reidsville, Graham, Pittsboro, and Burlington, and the
Orange Water and Sewer Authority (OWASA) undertook to develop such a model. The completed
model was accepted by the Water Quality Committee (WQC) of the EMC in July 2002. An extensive
public stakeholder process was used to evaluate the results of the model and formulate a strategy to
control point and nonpoint sources of nutrients in order to restore water quality in the reservoir. The
strategy and the modeling results became the bases for three TMDLs, one for each of the Jordan
Lake subwatersheds: the Haw River, Upper New Hope, and Lower New Hope. The U.S. EPA,
Region 4, approved the TMDLs in 2007. The EMC adopted the strategy into rule, effective in 2009.
The strategy specified that TP loads to the Haw River arm of the reservoir were to be reduced by 5
percent by the year 2010 and that TN loads would be reduced by 8 percent by 2016, relative to the
1997-2001 baseline loads. The allowable point source loads (wasteload allocations) for TN and TP
were to be distributed among the affected dischargers in proportion to their maximum permitted
flows, and dischargers with permitted flows of 0.1 MGD or greater would receive TP and TN limits
equivalent to those allocations.

In 2009, the Division modified the affected permits to incorporate the TP limits with an effective of
2010. The Association members' facilities have consistently met their TP limits since that time.
Group Compliance Option.
The Jordan Lake wastewater rule (15A NCAC 02B .0270) provides that interested dischargers can
form a group compliance association and work together to meet their combined nutrient limits.
Under this option, the individual dischargers are subject to aggregate nutrient limits in a group
NPDES permit in lieu of the nutrient limits in their individual NPDES permits.
The municipalities of Greensboro, Mebane, Reidsville, and Graham have established the Haw River
Nutrient Compliance Association, a 501(c) (3) not -for -profit corporation, for the purpose of pursuing
the group compliance option. The Association and its members have applied for a new group permit
to include TP limits only.
PERMIT OVERVIEW
Co-Permittees
The municipalities of Greensboro, Mebane, Reidsville, and Graham have established the Haw River
Nutrient Compliance Association ("HRNCA," or "Association"), a 501(c)(3) not -for -profit corporation
in North Carolina, for the purpose of pursuing the group compliance option. The Association is a
legal entity through which the members can work collectively to meet point source nutrient targets
in the Haw River subwatershed.
The Association's members are municipal wastewater utilities. Each is subject to discharge
limitations in its individual NPDES permit(s).
The Association and its members will be co-permittees under the proposed group permit. In general,
the Association will serve as the contact between the Division and the co-permittee members in
matters pertaining to this permit.
Scope of the Permit
The group permit will govern the collective discharge of Total Phosphorus from the co-permittees to
the Haw River arm of Jordan Lake in accordance to the approved nutrient TMDL. Requirements in
this permit will supplement those in the co-permittee members' individual NPDES permits but will
not replace the requirements in the individual permits except where specifically stated.
Each member's individual NPDES permit will remain in effect and will continue to govern the other
parameters of concern for that discharge.
The initial group permit will not govern the discharge of Total Nitrogen. When the TN limits in the
members' individual permits become effective, the Association may request modification of the
permit to include TN requirements. Any such modification would first be subject to public review in
accordance with NPDES regulations.
PROPOSED EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS
The Division added effluent limitations, monitoring requirements, and special conditions for Total
Phosphorus to the members' individual permits in 2009. The TP limits became effective in 2010.
These nutrient conditions are consistent with the approved Nutrient TMDL.
Effluent Limitations
Group and Individual TP Limitations
Appendix A of the permit lists (1) the Co-Permittee Members in the Association, (2) the TP
allocations and limits for each member, and (3) the TP allocation and limit for the Association as a
whole.
All allocations/limits are annual mass limits and apply on a calendar -year basis.
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The group TP cap will remain in effect and be fully enforceable at all times. So long as the
Association does not exceed its cap in a given calendar year, the members are deemed to be in
compliance with their individual limits for TP. If the Association exceeds the group cap, the
individual limits listed in the group permit will become effective and those members that
contributed to the exceedance are subject to enforcement for their individual exceedances. In this
case, the Association and its members are also required to purchase nutrient offset credits to
mitigate the impact of the excess nutrient load to the estuary.
Changes in Membership or TP Allocations
The TP allocations of the co-permittee members can change as the result of purchases, sales, trades,
leases, and other transactions. These changes, in turn, affect the Association's group allocation.
Changes in membership also affect the Association's allocation due to the addition or subtraction of
the discharger's allocation from the group total.
Whenever a change in a member's TP allocation occurs, the member's individual NPDES permit
must be modified to incorporate the change in its allocation and limit. Any such modification is first
subject to public review.
Once the change is made in the individual permit, it must also be included in Appendix A of the
group permit. Likewise, changes in membership must be included in Appendix A. Neither of these
actions requires further public review.
The TP allocations and limits are expressed as calendar year values; therefore, any adjustments
become effective on January 1 of the following calendar year. The Association will notify the
Division each year to request any necessary changes in Appendix A (see Reporting Requirements,
below).
Initial Co-Permittee Members
The Association currently consists of the following co-permittee members and facilities:
Permit
Co-Permittee
Member
Facility
1.
NC0021211
City of Graham
Graham WWTP
2.
NC0047384
City of Greensboro
T. Z. Osborne WRF
3.
NC0024325
City of Greensboro
North Buffalo WRF
4.
NC0021474
City of Mebane
Mebane WWTP
5.
NC0024881
City of Reidsville
Reidsville WWTP
The nutrient allocations and limits for each member are included in Appendix A of the permit. They
reflect the current distribution of nutrient allocations established through 15A NCAC 02B .0270.
Future versions of the table will also include any additions, deletions, and transfers of allocations.
NOTE: As this permit is released for public review, one additional permittee is considering
applying for co-permittee status under this permit. The Division proposes to approve that addition
and update the group permit accordingly if it receives the necessary application prior to permit
issuance.
Monitoring and Reporting Requirements
All members of the Association are required under their individual NPDES permits to monitor TN
and TP on a regular basis and report the results in their Discharge Monitoring Reports (DMRs). The
group compliance permit does not replace or otherwise affect these monitoring and reporting
requirements. Each member will continue to report its nutrient monitoring results on its individual
DMRs. The Association will compile the monitoring results of its members and report the group's
annual loads to the Division on an annual basis, as noted below.
The Association will submit year-end, annual projection, and 5-year reports on its activities to the
Division.
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• The year-end report (due March 31 of each year) will include an accounting of the Association's
and its members' TP discharges for the previous calendar year for compliance purposes. It will
also include a list of transactions, if any, completed during that period and affecting TP
allocations, an assessment of progress made, and planned activities for the coming year.
• The annual projections report (due July 1 after any year in which the Association exceeded 85%
of its TP limit) will estimate future loadings, identify needed improvements in its members'
nutrient controls, and propose a timeline for improvements. If necessary, the Association will
purchase offset credits to prevent any limits exceedance, document those credits in the report,
and request modification of its permit to incorporate the offsets in its allocations/ limits.
• The 5-year report (due July 1, 2021, that is, with its application for renewal) is intended to ensure
that the Division and the Association agree on the group and individual allocations at the end of
the permit term.
Instream monitoring is not required under this permit. However, the Association members are also
members of the Upper Cape Fear River Basin Association, a monitoring coalition that, by separate
agreement with the Division, conducts instream monitoring of nutrients and other parameters of
concern.
Compliance
If the Association exceeds its TP limit in any calendar year, it is required to make offset payments to
the NC Ecosystem Enhancement Program (now the Division of Mitigation Services) for the
exceedance(s).
These offsets notwithstanding, the Division may then take appropriate enforcement action against
the Association or its co-permittee members to address an exceedance as it considers necessary and
appropriate. With the exceedance, the members' individual nutrient limits in Appendix A become
effective for the compliance year. This provides a means by which to focus enforcement actions on
those members contributing to the exceedance.
OTHER SPECIAL CONDITIONS
Calculation of Mass Loads. The permit includes a special condition describing how nutrient mass
loads are to be calculated. This mirrors the condition in the members' individual permits.
RESPONSE TO COMMENTS
The only comments received on the draft permit came from the Permittee. Comments and responses
are summarized as follows:
• Fact Sheet. Noted two instances where the fact sheet referred to 'TN' rather than 'TP'.
Response: The typographical errors have been corrected, and the fact sheet has been updated to
reflect the issuance of the permit.
• Permit, page 2, condition A.(3.)(a.)(ii.)(A). Requested clarification in the permit language.
Response: The intent of this condition is, of course, to establish that when the Association
exceeds its group limit, the members' individual limits - which were previously 'inactive' -
become effective and are subject to enforcement. The current wording is the result of
negotiations with EPA Region 4 on the first Neuse River group permit. We can consider other
wording but will have to take up the matter with all three compliance groups and with Region 4.
• TP Offset Costs. The HRNCA members are concerned with the high cost of offsets ($350-
380/1b). (The group considered withdrawing its application but elected to go forward.)
Response: We share your concerns about the higher -than -expected costs of TP offsets in the
Jordan Lake watershed and recognize that this will play a significant part in whether the group
compliance approach is cost-effective for the Association's members.
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