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HomeMy WebLinkAboutNCC000001_Issuance of Permit_20021230 • • State of North Carolina Department of Environment and Natural Resources �► Division of Water Quality Michael F. Easley, Governor William G. Ross, Jr., Secretary NCDENR Alan W. Klimek, P.E., Director December 30,2002 Mr.Timothy L.Donnelly Neuse River Compliance Association P.O.Box 590 Raleigh,North Carolina 27602 Subject: Issuance of NPDES Permit NCC000001 Neuse River Compliance Association Dear Mr.Donnelly In accordance with the application for discharge permit received on June 28,2002,and revised on October 1,2002,the Division is forwarding herewith the NPDES permit for the new Neuse River Compliance Association. This permit is issued pursuant to the requirements of North Carolina General Statute 143-215.1 and the Memorandum of Agreement between North Carolina and the U.S. Environmental Protection Agency dated May 9,1994. The Division invited comments on the draft permit and received comments from the Association and from the USEPA,Region 4.The Division also received the Association's December 18 request to revise the list of Co-Permittee Members in Appendix A.The final permit and fact sheet include changes made in response to the comments and request.The most significant changes are summarized below,and a more complete response is enclosed. • Reference to Minor Permit Modifications. EPA commented that Condition A.(2.)(b.)(iv.)of the draft permit,which refers to certain permit modifications as"minor,"is inconsistent with federal NPDES regulations.The condition has been removed from the permit;however,as explained below,we will still be able to handle certain types of allocation changes as minor modifications. • Addition of Appendix B. EPA suggested that some allocation changes can be treated as minor permit modifications if the permit includes a complete list of dischargers.Consequently,the final permit contains a new Appendix B,which is a complete list of facilities that were assigned a TN allocation under the State's nutrient management rule for wastewater dischargers in the Neuse River Basin.The new appendix also specifies the aggregate TN allocation for these point sources(1.6M lb/yr TN),as established in the State rule and in the approved TN TMDL for the Neuse River estuary. • Description of Applicability of Standard Permit Conditions. Both the Association and the EPA commented on the applicability of standard NPDES permit conditions in the unique regulatory setting found in this permit.The standard conditions in Parts II and III were developed for and intended to apply to permittees that own or operate treatment facilities. The Association is a governing body and neither owns nor operates any such facilities;and the Co-Permittees are subject to the same conditions through their individual NPDES permits.Thus,many of the conditions are not applicable.The final permit retains Parts II and III in their entirety. In addition,it includes a new condition(at the beginning of Part II)which defines the applicability and enforceability of these standard conditions. 1617 Mail Service Center,Raleigh,North Carolina 27699-1617 Telephone(919)733-5083 FAX(919)733-0719 An Equal Opportunity Affirmative Action Employer On the Internet at http://h2o.enr.state.nc.us/NPDES Issuance of NPDES Permit NCC000001 Neuse River Compliance Association • Revision of Appendix A. The Association's Board of Directors voted at its December meeting to delay admission of the USMC Cherry Point Air Station.Subsequently,it requested that Cherry • Point not be included initially as a Co-Permittee Member in this permit.The Division has modified the roster and allocations table in Appendix A accordingly,with the understanding that,if the issue is resolved,Cherry Point could be admitted as a Co-Permittee Member effective as early as 2004. Several other comments were significant but did not require changes in the permit.These pertained to applicability of individual TN limits to the Co-Permittee Members,timeframes for modifying TN limits,and linkage of individual permits with the Association permit.Please refer to the Response to Comments for discussions of these. The Division also wishes to acknowledge the Association's concern over changes in some of the small dischargers'TN allocations.The Division submitted final nutrient rules to the Environmental Management Commission at its October 2002 meeting and included a detailed list of each individual TN allocation as defined under the rule.We also provided that reference list to the Association.To the best of our knowledge,the list contains the correct allocations for every discharger in the Neuse River basin.We will refer to this list when drafting NPDES permits and when modifying the TN limits in those permits in response to regionalizations or other transactions.Please notify Mike Templeton of the NPDES Unit if you would like to discuss this further or if you are aware of any discrepancies in the list. 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. Please take notice that this permit is not transferable except after notice to the Division of Water Quality. The Division of Water Quality 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 Quality,the Division of Land Resources,the Coastal Area Management Act,or any other Federal or local governmental permit. If you have any questions concerning the draft permit,please call Mike Templeton at(919)733-5083, extension 541,or by e-mail at mike.templeton@ncmail.net. Sincerely, Original Signed By David A. Goodrich Alan W.Klimek,P.E. Enclosure(s): NPDES Permit NCC000001 Response to Comments cc(w/enclosures): Glenn Hartzog,USMCAS Cherry Point Roosevelt Childress,EPA Region 4 Raleigh and Washington Regional Offices Point Source Compliance Enforcement Unit Cam McNutt,Basinwide Planning Unit Technical Assistance and Certification Unit NPDES Unit Files Central Files Permit No.NCC000001 ye STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES DIVISION OF WATER QUALITY 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 Neuse River Compliance Association and Its Co-Permittee Members are hereby authorized to discharge Total Nitrogen from the Co-Permittee Member treatment facilities listed herein to receiving waters in the Neuse River Basin in accordance with effluent limitations, monitoring requirements,and other conditions set forth in this Permit. This Permit shall become effective January 1,2003 This Permit and the authorization to discharge shall expire at midnight on December 31,2007 Signed this day December 30,2002 Original Signed By David A. Goodrich Alan W.Klimek,P.E.,Director Division of Water Quality By Authority of the Environmental Management Commission Certificate of Coverage Page ii of ii • Permit No.NCC000001 TABLE OF CONTENTS CERTIFICATE OF COVERAGE i PART I - SPECIAL CONDITIONS 1 SECTION A-WASTEWATER CONTROLS A.(1.)DEFINITIONS 1 A.(2.)CO-PERMITTEES AND TN ALLOCATIONS 2 A.(3.)EFFLUENT LIMITATIONS 2 A.(4.)MONITORING REQUIREMENTS 3 A.(5.)REPORTING REQUIREMENTS 3 A.(6.)COMPLIANCE 4 PART II - STANDARD CONDITIONS 1 SECTION A-DEFINITIONS 1 SECTION B-GENERAL CONDITIONS 4 SECTION C-OPERATION AND MAINTENANCE OF POLLUTION CONTROLS 7 SECTION D-MONITORING AND RECORDS 9 SECTION E-REPORTING REQUIREMENTS 11 PART III - OTHER CONDITIONS 1 APPENDIX A - CO-PERMITTEES,TRANSPORT FACTORS,AND TN ALLOCATIONS 1 APPENDIX B - POINT SOURCE FACILITIES ASSIGNED TOTAL NITROGEN ALLOCATIONS 1 Part I • ' , Page 1 of 4 Permit No.NCC000001 PART I SPECIAL CONDITIONS A.(1.) DEFINITIONS (a.) Allocation(or"TN Allocation"): The mass quantity(as of TN)that a discharger or group of dischargers(such as the Association)is allowed to release into surface waters of the Neuse River Basin.TN Allocations may be expressed as Estuary TN Allocation or as the equivalent Discharge TN Allocation. (b.) Association: The Neuse River Compliance Association,a not-for-profit corporation comprised of NPDES-permitted dischargers in the Neuse River Basin;established voluntarily under T15A NCAC 2B.0234 to meet the aggregate Estuary TN Allocation of its members. (c.) Co-Permittee Members: Those NPDES dischargers that for a given calendar year are members of the Association and are listed in Appendix A of this Permit. (d.) Discharge TN Allocation: TN Allocation specified at the point of discharge(or"end-of-pipe"). A Co-Permittee Member's Discharge TN Allocation is equivalent to its Estuary TN Allocation divided by the applicable Transport Factor. (e.) Discharge TN Load: Actual TN Load measured at a Co-Permittee Member's point of discharge (or"end-of-pipe"). (f.) Estuary: The Neuse River estuary,which extends from approximately Streets Ferry to the Pamlico Sound. (g.) Estuary TN Allocation: TN Allocation specified at the estuary. (h.) Estuary TN Load: TN Load determined at the estuary. A Co-Permittee Member's Estuary TN Load is equivalent to its Discharge TN Load multiplied by the applicable Transport Factor. (i.) Load (or"TN Load"): The actual mass quantity(as of TN)that a discharger or group of dischargers releases into surface waters of the Neuse River Basin.TN Loads may be expressed as Discharge TN Load or as the equivalent Estuary TN Load. (j.) Regionalization: The consolidation of wastewater collection and/or treatment systems that results in the elimination of one or more NPDES-permitted discharges. (k.) Total Maximum Daily Load (of TMDL): The allowable load of a pollutant that can be discharged to a water body without causing loss of that water's designated uses.Also,the Phase II of the Total Maximum Daily Load for Total Nitrogen to the Neuse River Estuary,North Carolina,approved by the U.S.Environmental Protection Agency on March 19,2002,and subsequent revisions approved by the EPA. (1.) Total Nitrogen(TN): The sum of the organic,nitrate,nitrite,and ammonia species of nitrogen in a water or wastewater. (m.) Transport Factor: Fraction of the TN in a discharge that is predicted to reach the estuary,as determined by the Division. Part I Page2of4 Permit No.NCC000001 A.(2.) CO-PERMITTEES AND TN ALLOCATIONS (a.) Co-Permittees to this Permit shall be the Neuse River Compliance Association(the"Association") and each of its Co-Permittee Members.The Co-Permittee Members,the Transport Factors assigned to each,the Members'individual TN allocations,and the Association Estuary TN Allocation shall be as listed in Appendix A,which is hereby incorporated into this Permit in its entirety. (b.) Upon timely and proper notification by the Association as described elsewhere in this Permit,the Division shall revise Appendix A to incorporate changes in Association membership,allowable changes in TN Allocations,or reapportionment by the Association. (i.) Changes in membership. (A) Enrollment. In the event that a discharger joins the Association,the Division shall add the discharger and its TN Allocation to Appendix A as a Co-Permittee Member and adjust the Association's TN Estuary Allocation accordingly. (B) Termination. In the event that a Co-Permittee Member's membership is terminated, the Division shall delete the departing Member and its TN Allocation from Appendix A and adjust the Association's TN Estuary Allocation accordingly. (ii.) For the purposes of this Permit,allowable changes in TN Allocations include those resulting from purchase of allocation from the Wetlands Restoration Fund;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 may reapportion its TN Allocation among its Co-Permittee Members; however,the Division shall only incorporate the corresponding changes into Appendix A when specifically requested in writing by the Association. (c.) Changes in Association membership and changes in individual or Association TN Allocations shall become effective only at the beginning of the following calendar year(January 1). A.(3.) EFFLUENT LIMITATIONS (a.) Beginning on the effective date of this Permit and lasting no later than the expiration date,the Co- Permittees are authorized to discharge Total Nitrogen(TN)from the treatment facilities listed in Appendix A subject to the following effluent limitations. (i.) Association TN Limitation. In any calendar year,the Association's Estuary TN Load shall not exceed its Estuary TN Allocation as specified in Appendix A: Association TN Limitation: For any calendar year, Association Estuary TN Load < Association Estuary TN Allocation where Association Estuary TN-Load(or Allocation) = Sum of Estuary TN Loads(or Allocations) for All Co-Permittee Members - (ii.) Co-Permittee Member TN Allocations. In any calendar year,a Co-Permittee Member shall be in compliance with its Estuary TN Allocation in Appendix A if: (A) the Association Estuary TN Load complies with the Association Estuary TN Allocation in Appendix A,or Part I • ; Page 3 of 4 Permit No.NCC000001 (B) in the event that the Association Estuary TN Load exceeds its Estuary TN Allocation, the Co-Permittee Member's Estuary TN Load does not exceed that Member's Estuary TN Allocation in Appendix A. (b.) Other Individual Limitations. In the event that a Co-Permittee Member's membership in the Association is terminated,the departing Member shall no longer be eligible for coverage under this Permit and shall become subject to the TN limitation set forth in its individual NPDES permit. (i.) Termination of membership shall become effective only at the beginning of a calendar year (January 1).Re-imposition of a discharger's individual TN limitation shall become effective only at the beginning of a calendar year(January 1). (ii.) The Association shall notify the Division if it determines that any Member will depart at the end of a calendar year and shall provide an accounting of all allowable changes in the Member's TN Allocation since the most recent issuance of the departing Member's individual NPDES permit. (iii.) Upon receipt of the notification and accounting described above,the Division shall modify the TN limitation in the departing Member's individual NPDES permit,effective January 1 of the succeeding year,to reflect all allowable changes in the Member's TN Allocation and shall also modify Appendix A of this permit accordingly. A.(4.) MONITORING REQUIREMENTS (a.) Each Co-Permittee Member shall continue to monitor its discharge(s)and report the results to the Division as specified in its individual NPDES permit. (b.) The Association shall assemble the results of its Co-Permittee Members and report the combined results to the Division as specified in Condition A.(5.),below. 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.) Mid-Year Report. No later than August 31,2003 and each August 31st thereafter,the Association shall submit a mid-year report to the Division.The report shall include,at a minimum,the following information: (i.) for the period beginning July 1 of the preceding year and ending June 30 of the current year, a Discharge Monitoring Report,for informational purposes only,of each Co-Permittee Member's Discharge and Estuary TN Loads and the Association's Estuary TN Load. (ii.) notification of any changes in Association membership or TN Allocations to become effective in the following calendar year. (c.) Year-End Report. No later than February 28,2004 and each February 28th thereafter,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: Part I Page 4 of 4 Permit No.NCC000001 (i.) for the period from January 1 through December 31 of the preceding year,a Discharge ' Monitoring Report of each Co-Permittee Member's Discharge and Estuary TN Loads and the Association's Estuary TN Load; (ii.) a summary of changes in Association membership,including regionalization of discharges; (iii.) a detailed summary of all purchases,sales,trades,leases,and other transactions affecting the TN Allocations of the Association or its Co-Permittee Members; (iv.) a description of the Association's TN control strategy for the preceding year and changes for the coming year; (v.) a detailed summary of measures taken to control TN discharges; (vi.) an assessment of progress made;and (vii.) a description of efforts planned for the upcoming calendar year(s). (d.) Five-Year Report. No later than July 1,2007,in conjunction with application for renewal of this Permit,the Association shall provide a detailed summary of all membership changes and allowable changes in TN Allocations of the Association or its Co-Permittee Members occurring during the term of this Permit. A.(6.) COMPLIANCE (a.) In the event that the Association exceeds its Estuary TN Allocation in a given calendar year,the Association shall make offset payments for the excess TN for that year at a rate of$11 per pound (15A NCAC 2B .0240)or such other rate as may be adopted by the Commission.Payment shall be made no later than May 1 of the year following the exceedance and shall be submitted to: NCDWQ/Wetlands Restoration Program Attn: Neuse River Basin Offset Payments 1619 Mail Service Center Raleigh,NC 27699-1619 and three copies shall be submitted to: NCDWQ/NPDES Unit Attn: Neuse River Basin Offset Payments 1617 Mail Service Center Raleigh,NC 27699-1617 (b.) For any calendar year in which the Association exceeds its Estuary TN Allocation,the Association shall be in violation of this Permit,and the Division may take appropriate enforcement action against the Association for such exceedance. (c.) For any calendar year in which the Association exceeds its Estuary TN Allocation,any Co- Permittee Member that exceeds its Estuary TN Allocation shall also be in violation of this Permit; and the Division may take appropriate enforcement action against the Member. (d.) 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. (e.) No Co-permittee Member shall be liable for any other Co-permittee Member's non-compliance with this permit. -ENDOFPARTI- Part II Page 1 of 13 Permit No.NCC000001 PART II STANDARD CONDITIONS FOR NPDES PERMITS SECTION A- APPLICABILITY OF PARTS II AND III 1. The permit conditions in Parts II and III of this permit are standard conditions in NPDES wastewater permits in North Carolina.They are intended to apply specifically to individual permittees that own or operate a treatment facility.Thus,many are not applicable to the Neuse River Compliance Association and its Co-Permittee Members.They are included in this permit in their entirety as a compilation of standard conditions.These conditions shall apply as follows: a. The Neuse River Compliance Association serves as a governing body for its Members.It neither owns nor operates any treatment facilities.Consequently,the standard conditions in Parts II and III of this permit which by their terms or meaning assume the permittee 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. These shall include the following,at a minimum: in Part II,Conditions B.5.-12. and Sections D and E; and,in Part III,Sections A and B.However,consistent with the intent of state and federal NPDES regulations,the Association must still summarize monitoring results on a Discharge Monitoring Report form approved by the Director;and it must retain all monitoring records for a period of at least three years. 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. c. Wherever a standard condition in this Association permit is by its terms or meaning applicable to the Association or to its entire membership in its entirety,and it refers to"the permittee,"it shall be construed to read"the Association." SECTION B- DEFINITIONS 1. Permit Issuing Authority The Director of the Division of Water Quality. 2. DWQ or"the Division" Means the Division of Water Quality,Department of Environment and Natural Resources. 3. EMC Used herein means the North Carolina Environmental Management Commission. 4. Act or"the Act" The Federal Water Pollution Control Act,also known as the Clean Water Act,as amended,33 USC 1251,et.seq. 5. Mass/Day Measurements Part II Page 2 of 13 Permit No.NCC000001 a. The"monthly average discharge"is defined as the total mass of all daily discharges sampled and/or measured during a calendar month on which daily discharges are sampled and measured,divided by the number of daily discharges sampled and/or measured during such • month.It is therefore,an arithmetic mean found by adding the weights of the pollutant found each day of the month and then dividing this sum by the number of days the tests were reported.The limitation is identified as"Monthly Average"in Part I of the permit. b. The"weekly average discharge"is defined as the total mass of all daily discharges sampled and/or measured during the calendar week(Sunday-Saturday)on which daily discharges are sampled and measured,divided by the number of daily discharges sampled and/or measured during such week.It is,therefore,an arithmetic mean found by adding the weights of pollutants found each day of the week and then dividing this sum by the number of days the tests were reported.This limitation is identified as"Weekly Average"in Part I of the permit. c. The"maximum daily discharge is the total mass(weight)of a pollutant discharged during a calendar day.If only one sample is taken during any calendar day the weight of pollutant calculated from it is the"maximum daily discharge."This limitation is identified as"Daily Maximum,"in Part I of the permit. d. The"average annual discharge"is defined as the total mass of all daily discharges sampled and/or measured during the calendar year on which daily discharges are sampled and measured,divided by the number of daily discharges sampled and/or measured during such year.It is,therefore,an arithmetic mean found by adding the weights of pollutants found each day of the year and then dividing this sum by the number of days the tests were reported. This limitation is defined as"Annual Average"in Part I of the permit. 6. Concentration Measurement a. The"average monthly concentration," other than for fecal coliform bacteria,is the sum of the concentrations of all daily discharges sampled and/or measured during a calendar month on which daily discharges are sampled and measured,divided by the number of daily discharges sampled and/or measured during such month(arithmetic mean of the daily concentration values).The daily concentration value is equal to the concentration of a composite sample or in the case of grab samples is the arithmetic mean(weighted by flow value)of all the samples collected during that calendar day.The average monthly count for fecal coliform bacteria is the geometric mean of the counts for samples collected during a calendar month.This limitation is identified as"Monthly Average"under"Other Limits"in Part I of the permit. b. The"average weekly concentration,"other than for fecal coliform bacteria,is the sum of the concentrations of all daily discharges sampled and/or measured during a calendar week (Sunday/Saturday)on which daily discharges are sampled and measured divided by the number of daily discharges sampled and/or measured during such week(arithmetic mean of the daily concentration values).The daily concentration value is equal to the concentration of a composite sample or in the case of grab samples is the arithmetic mean(weighted by flow value)of all the samples collected during that calendar day.The average weekly count for fecal coliform bacteria is the geometric mean of the counts for samples collected during a calendar week.This limitation is identified as"Weekly Average"under"Other Limits"in Part I of the permit. c. The"maximum daily concentration"is the concentration of a pollutant discharge during a calendar day.If only one sample is taken during any calendar day the concentration of pollutant calculated from it is the"Maximum Daily Concentration".It is identified as"Daily Maximum"under"Other Limits"in Part I of the permit. d. The"average annual concentration,"other than for fecal coliform bacteria,is the sum of the concentrations of all daily discharges sampled and/or measured during a calendar year on Part II Page 3 of 13 Permit No.NCC000001 which daily discharges are sampled and measured divided by the number of daily discharges sampled and/or measured during such year(arithmetic mean of the daily concentration values).The daily concentration value is equal to the concentration of a composite sample or in the case of grab samples is the arithmetic mean(weighted by flow value)of all the samples collected during that calendar day.The average yearly count for fecal coliform bacteria is the geometric mean of the counts for samples collected during a calendar year.This limitation is identified as"Annual Average"under"Other Limits"in Part I of the permit. e. The"daily average concentration" (for dissolved oxygen)is the minimum allowable amount of dissolved oxygen required to be available in the effluent prior to discharge averaged over a calendar day.If only one dissolved oxygen sample is taken over a calendar day,the sample is considered to be the"daily average concentration"for the discharge.It is identified as"daily average"in the text of Part I. f. The"quarterly average concentration"is the average of all samples taken over a calendar quarter.It is identified as"Quarterly Average Limitation"in the text of Part I of the permit. g. A calendar quarter is defined as one of the following distinct periods:January through March, April through June,July through September,and October through December. 7. Other Measurements a. Flow,(MGD):The flow limit expressed in this permit is the 24 hours average flow,averaged monthly.It is determined as the arithmetic mean of the total daily flows recorded during the calendar month. b. An"instantaneous flow measurement"is a measure of flow taken at the time of sampling, when both the sample and flow will be representative of the total discharge. c. A"continuous flow measurement"is a measure of discharge flow from the facility which occurs continually without interruption throughout the operating hours of the facility.Flow shall be monitored continually except for the infrequent times when there may be no flow or for infrequent maintenance activities on the flow device. 8. Types of Samples a. Composite Sample: A composite sample shall consist of: (1) a series of grab samples collected at equal time intervals over a 24 hour period of discharge and combined proportional to the rate of flow measured at the time of individual sample collection,or (2) a series of grab samples of equal volume collected over a 24 hour period with the time intervals between samples determined by a preset number of gallons passing the sampling point.Flow measurement between sample intervals shall be determined by use of a flow recorder and totalizer,and the present gallon interval between sample collection fixed at no greater than 1/24 of the expected total daily flow at the treatment system,or (3) a single,continuous sample collected over a 24 hour period proportional to the rate of flow. In accordance with(1)above,the time interval between influent grab samples shall be no greater than once per hour,and the time interval between effluent grab samples shall be no greater than once per hour except at wastewater treatment systems having a detention time of greater than 24 hours.In such cases,effluent grab samples may be collected at time intervals evenly spaced over the 24 hour period which are equal in number of hours to the detention time of the system in number of days.However,in no case may the time interval between effluent grab samples be greater than six(6)hours nor the number of samples less than four (4)during a 24 hour sampling period. Part II Page 4 of 13 Permit No.NCC000001 b. Grab Sample:Grab samples are individual samples collected over a period of time not exceeding 15 minutes;the grab sample can be taken manually.Grab samples must be representative of the discharge or the receiving waters. 9. Calculation of Means • a Arithmetic Mean:The arithmetic mean of any set of values is the summation of the individual values divided by the number of individual values. b. Geometric Mean:The geometric mean of any set of values is the Nth root of the product of the individual values where N is equal to the number of individual values.The geometric mean is equivalent to the antilog of the arithmetic mean of the logarithms of the individual values.For purposes of calculating the geometric mean,values of zero(0)shall be considered to be one(1). c. Weighted by Flow Value:Weighted by flow value means the summation of each concentration times its respective flow divided by the summation of the respective flows. 10. Calendar Day A calendar day is defined as the period from midnight of one day until midnight of the next day. However,for purposes of this permit,any consecutive 24-hour period that reasonably represents the calendar day may be used for sampling. 11. Hazardous Substance A hazardous substance means any substance designated under 40 CFR Part 116 pursuant to Section 311 of the Clean Water Act. 12. Toxic Pollutant A toxic pollutant is any pollutant listed as toxic under Section 307(a)(1)of the Clean Water Act. SECTION 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 Clean Water Act and is grounds for enforcement action;for permit termination,revocation and reissuance,or modification;or denial of a permit renewal application. a. The permittee shall comply with effluent standards or prohibitions established under section 307(a)of the Clean Water Act for toxic pollutants and with standards for sewage sludge use or disposal established under section 405(d)of the Clean Water Act within the time provided in the regulations that establish these standards or prohibitions or standards for sewage sludge use or disposal,even if the permit has not yet been modified to incorporate the requirement. b. The Clean Water Act provides that any person who violates a permit condition is subject to a civil penalty not to exceed$25,000 per day for each violation.Any person who negligently violates any permit condition is subject to criminal penalties of$2,500 to$25,000 per day of violation,or imprisonment for not more than 1 year,or both.Any person who knowingly violates permit conditions is subject to criminal penalties of$5,000 to$50,000 per day of violation,or imprisonment for not more than 3 years,or both.Also,any person who violates a permit condition may be assessed an administrative penalty not to exceed$10,000 per violation with the maximum amount not to exceed$125,000. [Ref:Section 309 of the Federal Act 33 U.S.C. 1319 and 40 CFR 122.41 (a)] c. Under state law,a civil penalty of not more than ten thousand dollars($10,000)per violation may be assessed against any person who violates or fails to act in accordance with the terms, conditions,or requirements of a permit. [Ref:North Carolina General Statutes§143-215.6A] Part II • t Page 5 of 13 Permit No.NCC000001 d. Any person may be assessed an administrative penalty by the Administrator for violating section 301,302,306,307,308,318,or 405 of the Act,or any permit condition or limitation implementing any of such sections in a permit issued under section 402 of the Act. Administrative penalties for Class I violations are not to exceed$10,000 per violation,with the maximum amount of any Class I penalty assessed not to exceed$25,000.Penalties for Class II violations are not to exceed$10,000 per day for each day during which the violation continues,with the maximum amount of any Class H penalty not to exceed$125,000. 2. Duty to Mitigate The permittee shall take all reasonable steps to minimize or prevent any discharge or sludge use or disposal in violation of this permit which has a reasonable likelihood of adversely affecting human health or the environment. 3. Civil and Criminal Liability Except as provided in permit conditions on"Bypassing"(Part II,(D.)(4.))and"Power Failures" (Part II,(D.)(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 USC 1321. Furthermore,the permittee is responsible for consequential damages,such as fish kills,even though the responsibility for effective compliance may be temporarily suspended. 5. Property Rights The issuance of this permit does not convey any property rights in either real or personal property, or any exclusive privileges,nor does it authorize any injury to private property or any invasion of personal rights,nor any infringement of Federal,State or local laws or regulations. 6. Onshore or Offshore Construction This permit does not authorize or approve the construction of any onshore or offshore physical structures or facilities or the undertaking of any work in any navigable waters. 7. Severability The provisions of this permit are severable,and if any provision of this permit,or the application of any provision of this permit to any circumstances,is held invalid,the application of such provision to other circumstances,and the remainder of this permit,shall not be affected thereby. 8. Duty to Provide Information The permittee shall furnish to the Permit Issuing Authority,within a reasonable time,any information which the Permit Issuing Authority may request to determine whether cause exists for modifying,revoking and reissuing,or terminating this permit or to determine compliance with this permit.The permittee shall also furnish to the Permit Issuing Authority upon request,copies of records required to be kept by this permit. 9. Duty to Reapply Part II Page 6of13 Permit No.NCC000001 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. 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.Any permittee that has not requested renewal at least 180 days prior to expiration,or any permittee that does not have a permit after the expiration and has not requested renewal at least 180 days prior to expiration,will subject the permittee to enforcement procedures as provided in NCGS 143-215.6 and 33 USC 1251 et.seq. 11. Signatory Requirements All applications,reports,or information submitted to the Permit Issuing Authority shall be signed and certified. a. All permit applications shall be signed as follows: (1) For a corporation:by a responsible corporate officer.For the purpose of this Section,a responsible corporate officer means: (a)a president,secretary,treasurer or vice president of the corporation in charge of a principal business function,or any other person who performs similar policy or decision making functions for the corporation,or(b)the manager of one or more manufacturing production or operating facilities employing more than 250 persons or having gross annual sales or expenditures exceeding 25 million (in second quarter 1980 dollars),if authority to sign documents has been assigned or delegated to the manager in accordance with corporate procedures. (2) For a partnership or sole proprietorship:by a general partner or the proprietor, respectively;or (3) For a municipality,State,Federal,or other public agency:by either a principal executive officer or ranking elected official. b. All reports required by the permit and other information requested by the Permit Issuing Authority shall be signed by a person described above or by a duly authorized representative of that person.A person is a duly authorized representative only if: (1) The authorization is made in writing by a person described above; (2) The authorization specified either an individual or a position having responsibility for the overall operation of the regulated facility or activity,such as the position of plant manager,operator of a well or well field,superintendent,a position of equivalent responsibility,or an individual or position having overall responsibility for environmental matters for the company.(A duly authorized representative may thus be either a named individual or any individual occupying a named position.);and (3) The written authorization is submitted to the Permit Issuing Authority. c. Certification.Any person signing a document under paragraphs a.or b.of this section shall make the following certification: "I certify,under penalty of law,that this document and all attachments were prepared under my direction or supervision in accordance with a system designed to assure that qualified personnel properly gather and evaluate the information submitted.Based on my inquiry of the person or persons who manage the system,or those persons directly responsible for gathering the information,the information submitted is,to the best of my knowledge and belief,true,accurate,and complete.I am aware that there are significant penalties for Part II Page 7 of 13 • Permit No. NCC000001 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. 13. Permit Modification,Revocation and Reissuance,or Termination The issuance of this permit does not prohibit the permit issuing authority from reopening and modifying the permit,revoking and reissuing the permit,or terminating the permit as allowed by the laws,rules,and regulations contained in Title 40,Code of Federal Regulations,Parts 122 and 123;Title 15A of the North Carolina Administrative Code,Subchapter 2H.0100;and North Carolina General Statute 143-215.1 et. al. 14. Previous Permits All previous National Pollutant Discharge Elimination System Permits issued to this facility, whether for operation or discharge,are hereby revoked by issuance of this permit. [The exclusive authority to operate this facility arises under this permit.The authority to operate the facility under previously issued permits bearing this number is no longer effective. I The conditions, requirements,terms,and provisions of this permit authorizing discharge under the National Pollutant Discharge Elimination System govern discharges from this facility. SECTION D- OPERATION AND MAINTENANCE OF POLLUTION CONTROLS 1. Certified Operator Pursuant to Chapter 90A-44 of North Carolina General Statutes,and upon classification of the facility by the Certification Commission,the permittee shall employ a certified wastewater treatment plant operator in responsible charge(ORC)of the wastewater treatment facilities.Such operator must hold a certification of the grade equivalent to or greater than the classification assigned to the wastewater treatment facilities by the Certification Commission.The permittee must also employ a certified back-up operator of the appropriate type and any grade to comply with the conditions of Title 15A,Chapter 8A .0202.The ORC of the facility must visit each Class I facility at least weekly and each Class II,III,and IV facility at least daily,excluding weekends and holidays,and must properly manage and document daily operation and maintenance of the facility and must comply with all other conditions of Title 15A,Chapter 8A .0202.Once the facility is classified,the permittee shall submit a letter to the Certification Commission which designates the operator in responsible charge within thirty days after the wastewater treatment facilities are 50%complete. 2. Proper Operation and Maintenance The permittee shall at all times properly operate and maintain all facilities and systems of treatment and control(and related appurtenances)which are installed or used by the permittee to achieve compliance with the conditions of this permit.Proper operation and maintenance also includes adequate laboratory controls and appropriate quality assurance procedures.This provision requires the operation of back-up or auxiliary facilities or similar systems which are installed by a permittee only when the operation is necessary to achieve compliance with the conditions of the permit. 3. Need to Halt or Reduce not a Defense Part II Page 8 of 13 • Permit No.NCC000001 It shall not be a defense for a permittee in an enforcement action that it would have been necessary to halt or reduce the permitted activity in order to maintain compliance with the condition of this permit. 4. Bypassing of Treatment Facilities a. Definitions (1) "Bypass"means the known diversion of waste streams from any portion of a treatment facility including the collection system,which is not a designed or established or operating mode for the facility. (2) "Severe property damage"means substantial physical damage to property,damage to the treatment facilities which causes them to become inoperable,or substantial and permanent loss of natural resources which can reasonably be expected to occur in the absence of a bypass.Severe property damage does not mean economic loss caused by delays in production. b. Bypass not exceeding limitations. The permittee may allow any bypass to occur which does not cause effluent limitations to be exceeded,but only if it also is for essential maintenance to assure efficient operation.These bypasses are not subject to the provisions of Paragraphs c.and d.of this section. c. Notice (1) Anticipated bypass.If the permittee knows in advance of the need for a bypass,it shall submit prior notice,if possible at least ten days before the date of the bypass;including an evaluation of the anticipated quality and affect of the bypass. (2) Unanticipated bypass.The permittee shall submit notice of an unanticipated bypass as required in Part II,F.6. of this permit.(24 hour notice). d. Prohibition of Bypass (1) Bypass is prohibited and the Permit Issuing Authority may take enforcement action against a permittee for bypass,unless: (A) Bypass was unavoidable to prevent loss of life,personal injury or severe property damage; (B) There were no feasible alternatives to the bypass,such as the use of auxiliary treatment facilities,retention of untreated wastes or maintenance during normal periods of equipment downtime.This condition is not satisfied if adequate backup equipment should have been installed in the exercise of reasonable engineering judgment to prevent a bypass which occurred during normal periods of equipment downtime or preventive maintenance;and (C) The permittee submitted notices as required under Paragraph c. of this section. (2) The Permit Issuing Authority may approve an anticipated bypass,after considering its adverse affects,if the Permit Issuing Authority determines that it will meet the three conditions listed above in Paragraph d.(1)of this section. 5.Upsets a. Definition. "Upset"means an exceptional incident in which there is unintentional and temporary noncompliance with technology based permit effluent limitations because of factors beyond the reasonable control of the permittee.An upset does not include noncompliance to the Part II • Page 9 of 13 Permit No.NCC000001 extent caused by operational error,improperly designed treatment facilities,inadequate treatment facilities,lack of preventive maintenance,or careless or improper operation. b. Effect of an upset. An upset constitutes an affirmative defense to an action brought for noncompliance with such technology based permit effluent limitations if the requirements of paragraph c.of this condition are met.No determination made during administrative review of claims that noncompliance was caused by upset,and before an action for noncompliance,is final administrative action subject to judicial review. c. Conditions necessary for a demonstration of upset. A permittee who wishes to establish the affirmative defense of upset shall demonstrate, through properly signed,contemporaneous operating logs,or other relevant evidence that: (1) An upset occurred and that the permittee can identify the cause(s)of the upset; (2) The permittee facility was at the time being properly operated;and (3) The permittee submitted notice of the upset as required in Part II,F.6. (b)of this permit. (4) The permittee complied with any remedial measures required under Part II,C.2.of this permit. d. Burden of proof. In any enforcement proceeding the permittee seeking to establish the occurrence of an upset has the burden of proof. 6. Removed Substances Solids,sludges,filter backwash,or other pollutants removed in the course of treatment or control of wastewaters shall be utilized/disposed of in accordance with NCGS 143-215.1 and in a manner such as to prevent any pollutant from such materials from entering waters of the State or navigable waters of the United States.The permittee shall comply with all existing federal regulations governing the disposal of sewage sludge.Upon promulgation of 40 CFR Part 503,any permit issued by the Permit Issuing Authority for the utilization/disposal of sludge may be reopened and modified,or revoked and reissued,to incorporate applicable requirements at 40 CFR Part 503.The permittee shall comply with applicable 40 CFR Part 503 Standards for the Use and Disposal of Sewage Sludge(when promulgated)within the time provided in the regulation,even if the permit is not modified to incorporate the requirement.The permittee shall notify the Permit Issuing Authority of any significant change in its sludge use or disposal practices. 7. Power Failures The permittee is responsible for maintaining adequate safeguards as required by DEM Regulation, Title 15A,North Carolina Administrative Code,Subchapter 2H,.0124 Reliability,to prevent the discharge of untreated or inadequately treated wastes during electrical power failures either by means of alternate power sources,standby generators or retention of inadequately treated effluent. SECTION E- MONITORING AND RECORDS 1. Representative Sampling Samples collected and measurements taken,as required herein,shall be characteristic of the volume and nature of the permitted discharge.Samples collected at a frequency less than daily shall be taken on a day and time that is characteristic of the discharge over the entire period which the sample represents.All samples shall be taken at the monitoring points specified in this permit and,unless otherwise specified,before the effluent joins or is diluted by any other wastestream, Part II Page 10 of 13 Permit No. NCC000001 body of water,or substance.Monitoring points shall not be changed without notification to and the approval of the Permit Issuing Authority. 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(DEM No.MR 1,1.1,2,3)or alternative forms approved by the Director,DEM,postmarked no later than the 30th day following the completed reporting period. The first DMR is due on the last day of the month following the issuance of the permit or in the case of a new facility,on the last 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: Division of Water Quality Water Quality Section ATTENTION: Central Files Post Office Box 29535 Raleigh,North Carolina 27626-0535 3. Flow Measurements Appropriate flow measurement devices and methods consistent with accepted scientific practices shall be selected and used to ensure the accuracy and reliability of measurements of the volume of monitored discharges.The devices shall be installed,calibrated and maintained to ensure that the accuracy of the measurements are consistent with the accepted capability of that type of device. Devices selected shall be capable of measuring flows with a maximum deviation of less than+ 10% from the true discharge rates throughout the range of expected discharge volumes.Once-through condenser cooling water flow which is monitored by pump logs,or pump hour meters as specified in Part I of this permit and based on the manufacturer's pump curves shall not be subject to this requirement. 4. Test Procedures 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 Federal Water Pollution Control Act,as Amended,and Regulation 40 CFR 136;or in the case of sludge use or disposal,approved under 40 CFR 136,unless otherwise specified in 40 CFR 503,unless other test procedures have been specified in this permit. To meet the intent of the monitoring required by this permit,all test procedures must produce minimum detection and reporting levels that are below the permit discharge requirements and all data generated must be reported down to the minimum detection or lower reporting level of the procedure.If no approved methods are determined capable of 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 Clean Water Act provides that any person who falsifies,tampers with,or knowingly renders inaccurate,any monitoring device or method required to be maintained under this permit shall, upon conviction,be punished by a fine of not more than$10,000 per violation,or by imprisonment for not more than two years per violation,or by both.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. Part II Page 11 of 13 Permit No.NCC000001 6. Records Retention • Except for records of monitoring information required by this permit related to the permittee's sewage sludge use and disposal activities,which shall be retained for a period of at least five years (or longer as required by 40 CFR 503),the permittee shall retain records of all monitoring information,including all calibration and maintenance records and all original strip chart recordings for continuous monitoring instrumentation,copies of all reports required by this permit,for a period of at least 3 years from the date of the sample,measurement,report or application.This period may be extended by request of the Director at any time. 7. Recording Results For each measurement or sample taken pursuant to the requirements of this permit,the permittee shall record the following information: 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. 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 upon the permittee's premises where a regulated facility or activity is located or conducted,or where records must be kept under the conditions of this permit; b. Have access to and copy,at reasonable times,any records that must be kept under the conditions of this permit; c. Inspect at reasonable times any facilities,equipment(including monitoring and control equipment),practices,or operations regulated or required under this permit;and d. Sample or monitor at reasonable times,for the purposes of assuring permit compliance or as otherwise authorized by the Clean Water Act,any substances or parameters at any location. SECTION F- REPORTING REQUIREMENTS • 1. Change in Discharge All discharges authorized herein shall be consistent with the terms and conditions of this permit. The discharge of any pollutant identified in this permit more frequently than or at a level in excess of that authorized shall constitute a violation of the permit. 2. Planned Changes The permittee shall give notice to the Director as soon as possible of any planned physical alterations or additions to the permitted facility.Notice is required only when: a. The alteration or addition to a permitted facility may meet one of the criteria for determining whether a facility is a new source in 40 CFR Part 122.29 (b);or b. The alteration or addition could significantly change the nature or increase the quantity of pollutants discharged.This notification applies to pollutants which are subject neither to Part II Page 12of13 Permit No.NCC000001 effluent limitations in the permit,nor to notification requirements under 40 CFR Part 122.42(a) (1). c. The alteration or addition results in a significant change in the permittee's sludge use or disposal practices,and such alternation,addition or change may justify the application of permit conditions that are different from or absent in the existing permit,including notification of additional use or disposal sites not reported during the permit application process or not reported pursuant to an approved land application plan. 3. Anticipated Noncompliance The permittee shall give advance notice to the Director of any planned changes in the permitted facility or activity which may result in noncompliance with permit requirements. 4. Transfers This permit is not transferable to any person except after notice to the Director.The Director may require modification or revocation and reissuance of the permittee and incorporate such other requirements as may be necessary under the Clean Water Act. 5. Monitoring Reports Monitoring results shall be reported at the intervals specified elsewhere in this permit. a. Monitoring results must be reported on a Discharge Monitoring Report(DMR)(See Part II.E. 2.of this permit)or forms provided by the Director for reporting results of monitoring of sludge use or disposal practices. b. If the permittee monitors any pollutant more frequently than required by the permit,using test procedures specified in Part II,E.4.of this permit or in the case of sludge use or disposal, approved under 40 CFR 503,or as specified in this permit,the results of this monitoring shall be included in the calculation and reporting of the data submitted in the DMR. c. Calculations for all limitations which require averaging of measurements shall utilize an arithmetic mean unless otherwise specified by the Director in the permit. 6. Twenty-Four Hour Reporting a. The permittee shall report to the central office or the appropriate regional office any noncompliance which may endanger health or the environment.Any information shall be provided orally within 24 hours from the time the permittee became aware of the circumstances.A written submission shall also be provided within 5 days of the time the permittee becomes aware of the circumstances.The written submission shall contain a description of the noncompliance,and its cause;the period of noncompliance,including exact dates and times,and if the noncompliance has not been corrected,the anticipated time it is expected to continue;and steps taken or planned to reduce,eliminate,and prevent reoccurrence of the noncompliance. b. The following shall be included as information which must be reported within 24 hours under this paragraph: (1) Any unanticipated bypass which exceeds any effluent limitation in the permit. (2) Any upset which exceeds any effluent limitation in the permit. (3) Violation of a maximum daily discharge limitation for any of the pollutants listed by the Director in the permit to be reported within 24 hours. c. The Director may waive the written report on a case-by-case basis for reports under paragraph b.above of this condition if the oral report has been received within 24 hours. 7. Other Noncompliance Part II Page 13 of 13 Permit No.NCC000001 The permittee shall report all instances of noncompliance not reported under Part II,F.5.and 6.of this permit at the time monitoring reports are submitted.The reports shall contain the information listed in Part II,F.6.of this permit. 8. Other Information Where the permittee becomes aware that it failed to submit any relevant facts in a permit application,or submitted incorrect information in a permit application or in any report to the Director,it shall promptly submit such facts or information. 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 directly to receiving waters 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 in letter form within 5 days following first knowledge of the occurrence. 10. Availability of Reports Except for data determined to be confidential under NCGS 143-215.3(a)(2)or Section 308 of the Federal Act,33 USC 1318,all reports prepared in accordance with the terms shall be available for public inspection at the offices of the Division of Water Quality.As required by the Act,effluent data shall not be considered confidential.Knowingly 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. 11. Penalties for Falsification of Reports The Clean Water Act provides that any person who knowingly makes any false statement, representation,or certification in any record or other document submitted or required to be maintained under this permit,including monitoring reports or reports of compliance or noncompliance shall,upon conviction,be punished by a fine of not more than$10,000 per violation,or by imprisonment for not more than two years per violation,or by both. -END OF PART II- Part III Page l of 1 Permit No.NCC000001 PART III OTHER REQUIREMENTS A. Construction No construction of wastewater treatment facilities or additions to add to the plant's treatment capacity or to change the type of process utilized at the treatment plant shall be begun until Final Plans and Specifications have been submitted to the Division of Water Quality and written approval and Authorization to Construct has been issued. B. Groundwater Monitoring The permittee shall,upon written notice from the Director of the Division of Water Quality, conduct groundwater monitoring as may be required to determine the compliance of this NPDES permitted facility with the current groundwater standards. C. Changes in Discharges of Toxic Substances The permittee shall notify the Permit Issuing Authority as soon as it knows or has reason to believe: a. That any activity has occurred or will occur which would result in the discharge,on a routine or frequent basis,of any toxic pollutant which is not limited in the permit,if that discharge will exceed the highest of the following"notification levels"; (1) One hundred micrograms per liter(100 ug/l); (2) Two hundred micrograms per liter(200 ug/l)for acrolein and acrylonitrile;five hundred micrograms per liter(500 ug/1)for 2.4-dinitrophenol and for 2-methyl-4.6-dinitrophenol; and one milligram per liter(1 mg/1)for antimony; (3) Five(5) times the maximum concentration value reported for that pollutant in the permit application. b. That any activity has occurred or will occur which would result in any discharge,on a non- routine or infrequent basis,of a toxic pollutant which is not limited in the permit,if that discharge will exceed the highest of the following"notification levels"; (1) Five hundred micrograms per liter(500 ug/1); (2) One milligram per liter(1 mg/1)for antimony; (3) Ten(10)times the maximum concentration value reported for that pollutant in the permit application. D. Requirement to Continually Evaluate Alternatives to Wastewater Discharges The permittee shall continually evaluate all wastewater disposal alternatives and pursue the most environmentally sound alternative of the reasonably cost effective alternatives.If the facility is in substantial non-compliance with the terms and conditions of the NPDES permit or governing rules,regulations or laws,the permittee shall submit a report in such form and detail as required by the Division evaluating these alternatives and a plan of action within sixty(60)days of notification by the Division. -END OF PART III- • Appendix A Page 1 of 1 • : ' Permit No.NCC000001 APPENDIX A CO-PERMITTEES,TRANSPORT FACTORS,AND TN ALLOCATIONS - NEUSE RIVER COMPLIANCE ASSOCIATION Permit Permittee Facility 095 TF Discharge TN Allocation Estuary TN Allocation 1 N00064050 Town of Apex Middle Creek WWTP 3.6 50% 40,547 40,547 20,274 20,274 2 NC0020389 Town of Benson Benson WWTP 3 50% 33,790 33,790 16,895 16,895 3 NC0048879 Town of Cary North WWTP 12 50% 135,158 67,579 3 Town of Morrisville,formerly N00050041 Morrisville WWTP 0.2 50% 4,044 2,022 3 Town of Morrisville,formerly NC0050938 Morrisville WTP 0.2 50% 4,044 2,022 3 Total 143,246 71,623 4 NC0065102 Town of Cary South WWTP 16 50% 180,211 180,211 90,105 90,105 5 NC0030716 Johnston County Central Johnston County WWTP 4.99 50% 56,203 28,102 5 NC0060330 Johnston County White Oak Plantation WWTP 0.5 50% 5,632 2,816 5 NC0064556 River Dell Utilities,Inc. Buffalo Creek WWTP 0.5 50% 5,632 2,816 5 Total 67,467 33,734 6 NC0025453 Town of Clayton Little Creek WWTP 1.9 50% 21,400 21,400 10,700 10,700 7 NC0032077 Contentnea Metropolitan Sewerage Dist. Contentnea Sewerage District WWTP 2.85 70% 32,100 32,100 22,470 22,470 8 N00026824 NC DHHS Butner WWTP 3.5 10% 58,599 58,599 5,860 5,860 9 NC0029572 Town of Farmville Farmville WWTP 3.5 50% 39,421 19,711 9 Town of Waistonbrug,kemetlyistai020382 Walstonburg WWTP 0138 50% 2,790 1,395 9 Total 42,211 21,106 10 NC0023949 City of Goldsboro Goldsboro WWTP 16.8 70% 189,221 132,455 10 Wayne County,formerly N00030392 Genoa Industrial Park WWTP 0.4 70% 8,088 5,662 10 NC0048062 Town of Eureka Eureka Town-WWTP 0.04 50% 809 404 10 Total 198,118 138,521 11 NC0064891 Town of Kenly Kenly Regional WWTP 0.63 50% 7,096 7,096 3,548 3,548 12 NC0020541 City of Kinston Peachtree WWTP 6.75 70% 76,026 76,026 53,218 53,218 13 NC0024236 City of Kinston Northside WWTP 4.5 70% 50,684 50,684 35,479 35,479 14 NC0021644 Town of La Grange La Grange WWTP 0.75 70% 8,447 8,447 5,913 5,913 15 NC0025348 City of New Bern New Bern WWTP 4.7 100% 52,937 52,937 52,937 52,937 16 NC0029033 City of Raleigh Neuse River WWTP 60 50% 675,790 337,895 16 Bobby L Murray Plantation Inn WWTP,loaner*N00027570 0.025 50% 506 253 16 Crosby Water and Sewer,Inc. Falls Village WWTP,formerly NC0046230 0.006 50% 121 61 16 Total 676,417 338,209 17 NC0030759 Town of Wake Forest Wake Forest WWTP 6 50% 67,579 67,579 33,790 33,790 18 NC0023906 City of Wilson Wilson WWTP 14 50% 157,684 157,684 78,842 78,842 19 NC0079316 Town of Zebulon Little Creek WWTP 1.85 50% 20,837 10,418 19 Town of Middlesex Middlesex WWTP,formerly NC0022383 0.06 50% 1,618 809 19 Total 22,455 11,227 20 (allocation) formerly Burlington Industries,N00001376 50% 48,879 48,879 24,440 24,440 Association Estuary TN Allocation 1,068,891 Effective: January 1,2003 Appendix B Page 1 of 3 ' Permit No.NCC000001 APPENDIX B , POINT SOURCE FACILITIES ASSIGNED TOTAL NITROGEN ALLOCATIONS NEUSE RIVER BASIN The following is a list of all treatment facilities that,as holders of individual NPDES permits in 1995,are assigned a Total Nitrogen(TN)allocation pursuant to state rule T15A NCAC 2B.0234,Neuse River Basin Nutrient Sensitive Waters Management Strategy-Wastewater Discharge Requirements,adopted December 1997 and revised October 2002. The rule establishes an aggregate Estuary TN Allocation for these facilities of 1.64 million pounds TN per year.The rule prescribes how the allocation is to be divided among the individual facilities.The allocations,individual and aggregate,become effective with calendar year 2003. Phase II of the Total Maximum Daily Load for Total Nitrogen to the Neuse River Estuary,North Carolina, approved by the USEPA Region 4 in March 2002,verifies that this aggregate allocation is the maximum allowable contribution from point sources to the Neuse River estuary. NPDES ranspo Permit No. Permittee Facility Subbasin T Factorrt 1. NC0037869 Arbor Hills MHP-1 Arbor Hills Mobile Home Park 30401 10% 2. NC0066109 Bay River MSD(no longer a surface discharge) Bayboro WWTP 30410 100% 3. NC0057011 Bay River MSD(no longer a surface discharge) Oriental WWTP 30410 100% 4. NC0058785 Bible Baptist Church Bible Baptist Church WWTP 30401 10% 5. NC0027570 Bobby L Murray Plantation Inn WWTP 30402 50% 6. - Burlington Industries(now dosed) Wake Plant WWTP(formerly NC0001376) 30402 50% 7. NC0051322 Carolina Water Service,Inc.of NC Ashley Hill WWTP 30402 50% 8. NC0056618 Carolina Water Service,Inc.of NC Carolina Pines WWTP 30410 100% 9. NC0062219 Carolina Water Service,Inc.of NC Kings Grant Subdivision WWTP 30402 50% 10. NC0033111 Carolina Water Service,Inc.of NC NE Craven WWTP 30410 100% 11. NC0064378 Carolina Water Service,Inc.of NC Willowbrook WWTP 30402 50% 12. NC0023841 City of Durham North Durham WRF 30401 10% 13. NC0023949 City of Goldsboro Goldsboro WWTP 30405 70% 14. NC0021253 City of Havelock Havelock WWTP 30410 100% 15. NC0024236 City of Kinston Northside WWTP 30405 70% 16. NC0020541 City of IGnston Peachtree WWTP 30405 70% 17. NC0025348 City of New Bern New Bern WWTP 30410 100% 18. NC0029033 City of Raleigh Neuse River WWTP 30402 50% 19. NC0023906 City of Wilson Wilson WWTP 30407 50% 20. NC0032077 Contentnea Metropolitan Sewerage Dist. Contentnea Sewerage District WWTP 30407 70% 21. N00029904 Craven County Schools West Craven Middle School WWTP 30408 100% 22. NC0070084 Craven County Water&Sewer Stately Pines WWTP 30410 100% 23. N00056545 Craven County Water&Sewer Trent River WWTP 30410 100% 24. NC0065706 Crosby Utilities Crosby Utilities/Cottonwood 30402 50% 25. NC0046230 Crosby Water and Sewer,Inc. Falls Village WWTP 30402 50% 26. NC0022853 Durham Products Eno Sewage Facility 30401 10% 27. NC0003760 E.I.Dupont de Nemours&Company,Inc. Kinston Plant 30405 70% 28. NC0066150 FMRK,Inc. Brighton Forest WWTP 30403 50% 29. NC0024520 G&S Associates Days Inn-Durham 30401 10% 30. NC0043389 Gorman Baptist Church Gorman BC WWTP 30401 10% 31. N00040606 Heater Utilities,Inc. Barclay Downs WWTP 30402 50% 32. NC0060577 Heater Utilities,Inc. Beachwood WWTP 30402 50% Appendix B • Page 2 of 3 Permit No.NCC000O01 •• NPDES Transport Permit No. Permittee Facility Subbasin Factor 33. NC0062740 Heater Utilities,Inc. Briarwood Farms WWTP 30403 50% 34. NC0062715 Heater Utilities,Inc. Crooked Creek WWTP 30403 50% 35. NC0056391 Heater Utilities,Inc. Cross Creek Mobile Estates WWTP 30402 50% 36. NC0049662 Heater Utilities,Inc. Hawthorne Subdivision WWTP 30401 10% 37. NC0058505 Heater Utilities,Inc. Mallard Crossing WWTP 30402 50% 38. NC0064564 Heater Utilities,Inc. Neuse Colony WWTP 30402 50% 39. NC0063614 Heater Utilities,Inc. Wildwood Green WWTP 30401 10% 40. NC0060771 Indian Creek Overlook Indian Creek Overlook 30402 50% 41. NC0063746 Ira D Lee&Associates Deerchase WWTP 30402 50% 42. NC0073318 Ira D Lee&Associates Whippoorwill Valley WWTP 30402 50% 43. NC0030716 Johnston County Central Johnston County WWTP 30402 50% 44. NC0060330 Johnston County White Oak Plantation WWTP 30402 50% 45. NC0038938 Johnston County Board of Education Corinth-Holder Elementary&Middle School 30406 50% 46. NC0064149 Jones Dairy Farm Utilities Jones Dairy Farm WWTP 30402 50% 47. NC0040266 Knightdale MHP Limited Partnership Knightdale MHP Limited Partnership 30402 50% 48. NC0059099 Lake Ridge Aero Park Lake Ridge Aero Park 30401 10% 49. NC0032573 Lenoir County Public Schools Moss Hill Elementary School WWTP 30405 70% 50. NC0032565 Lenoir County Public Schools North Lenoir High School WWTP 30407 50% 51. NC0032557 Lenoir County Public Schools South Lenoir High School WWTP 30407 50% 52. NC0061492 Maury Sanitary Land District Maury Sanitary Land District WWTP 30407 50% 53. NC0049034 Mount Auburn Training Center Mount Auburn Training Center 30402 50% 54. NC0043001 Mt.Sylvan United Methodist Church Mt.Sylvan UMC WWTP 30401 10% 55. NC0037915 Nash/Rocky Mount Schools Southern Nash High School 30407 50% 56. NC0035181 NC Center For Mature Adults NC Center For Mature Adults 30403 50% 57. NC0026824 NC DHHS Butner WWTP 30401 10% 58. NC0042340 Neuse Woods Apartments Neuse Woods Apartments 30410 100% 59. NC0064246 Pace Mobile Home Park Pace Mobile Home Park 30402 50% 60. NC0036471 Person County Schools Helena Elementary School WWTP 30401 10% 61. NC0001881 Phillips Plating Company Phillips Plating Company 30410 100% 62. NC0060526 Pope Industrial Park II Ltd Pope Industrial Park II Ltd 30402 50% 63. NC0051071 Redwood Partners LLC Redwood Academy WWTP 30401 10% 64. NC0049042 Riley Hill Baptist Church Inc Riley Hill Baptist Church Inc 30406 50% 65. NC0064556 River Dell Utilities,Inc. Buffalo Creek WWTP 30406 50% 66. NC0056278 River Mill Homeowners Association,Inc. River Mill WWTP 30402 50% 67. NC0038784 Riverview Mobile Home Park Riverview Mobile Home Park 30402 50% 68. NC0030724 Southside MHP Southside MHP WWTP 30403 50% 69. NC0056731 The Chesson Group Grande Oak Subdivision WWTP 30401 10% 70. NO0064050 Town of Apex Middle Creek WWTP 30403 50% 71. NC0020389 Town of Benson Benson WWTP 30404 50% 72. NC0074837 Town of Bridgeton Bridgeton WWTP 30410 100% 73. NC0048879 Town of Cary North WWTP 30402 50% 74. NC0065102 Town of Cary South WWTP 30403 50% 75. NC0025453 Town of Clayton Little Creek WWTP 30402 50% 76. NC0048062 Town of Eureka Eureka Town-WWTP 30407 50% 77. NO0029572 Town of Farmville Farmville WWTP 30407 50% 78. NO0066516 Town of Fuquay-Varina Terrible Creek WWTP 30403 50% 79. NC0026433 Town of Hillsborough Hillsborough WWTP 30401 10% 80. NC0025712 Town of Hookerton Hookerton WWTP 30407 50% 81. NC0064891 Town of Kenly Kenly Regional WWTP 30406 50% 82. • NC0021644 Town of La Grange La Grange WWTP 30405 70% Appendix B Page 3 of 3 Permit No.NCC000001 NPDES Permittee Facility Subbasin Transport Permit No. Factor 83. NC0022363 Town of Middlesex Middlesex WWTP 30407 50% 84. NC0050938 Town of Morrisville Morrisville WTP 30402 50% 85. NC0050041 Town of Monisville Monisville WWTP 30402 50% 86. NC0026662 Town of Princeton Princeton WWTP 30406 50% 87. N00030406 Town of River Bend River Bend WWTP 30411 100% 88. N00020842 Town of Snow Hill Snow Hill WWTP 30407 50% 89. NC0057606 Town of Stantonsburg Stantonsburg WWTP 30407 50% 90. NC0021342 Town of Trenton Trenton WWTP 30411 100% 91. NC0031828 Town of Vanceboro Vanceboro WWTP 30409 100% 92. NC0030759 Town of Wake Forest Wake Forest WWTP 30402 50% 93. NC0020362 Town of Walstonburg Walstonburg WWTP 30407 50% 94. NC0079316 Town of Zebulon Little Creek WWTP 30407 50% 95. NC0065714 Tradewinds Homeowners Association,Inc. Tradewinds WWTP 30402 50% 96. N00056499 Uniprop,Inc. Mill Run Mobile Home Park 30402 50% 97. NC0039292 Uniprop,Inc. Riverwalk Mobile Home Park 30402 50% 98. N00003816 US MCAS Cherry Point Cherry Point WWTP 30410 100% 99. NC0061638 Utilities Inc Amherst WWTP 30403 50% 100. NC0039233 Village of Walnut Creek Walnut Creek WWTP 30405 70% 101. NC0025631 Wake Technical Institute Wake Tech WWTP 30403 50% 102. NC0030392 Wayne County Genoa Industrial Park WWTP 30405 70% 103. NC0034819 Wayne County Board of Education Charles B.Aycock High School 30407 50% 104. NC0034801 Wayne County Board of Education Norwayne Junior High School 30407 50% 105. NC0003191 Weyerhaeuser Company New Bern Mill 30408 100% 106. N00064408 Whitewood Prop Inc Neuse Crossing WWTP 30402 50% 107. NC0031640 Willow Springs Country Club Willow Springs CC WWTP 30407 50% 108. NC0081752 Willowhaven Country Club Willowhaven CC WWTP 30401 10% 109. N00066613 Zachary Taylor Hwy 55 Site WWTP 30410 100%