General Permit NCG560000 Permit Renewal 2021_final

DocuSign Envelope ID: B79BCC70-65A8-4661-8AA3-4E565F083D12
NC DEQ Pesticides General Permit — NCG560000
STATE OF NORTH CAROLINA
DEPARTMENT OF ENVIRONMENTAL QUALITY
DIVISION OF WATER RESOURCES
GENERAL PERMIT NCG560000
TO DISCHARGE PESTICIDES PRODUCTS UNDER THE
NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM
(NPDES)
In compliance with the provision 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, this permit is hereby issued to
all applicators, hereafter Permittees, which are covered by this permit as evidenced by receipt of a
Certificate of Coverage (CoC) from the Environmental Management Commission to allow the discharge
of Pesticide Products in accordance with the effluent limitations, monitoring requirements, and other
conditions set forth in this permit.
This permit becomes effective on December 8, 2021.
This permit and the authorization to discharge expire at midnight, November 30, 2026.
Signed this day 12/8/2021
p—DocuSigned by:
.1 Pe&vt
`-8FB19B649DD2478...
S. Daniel Smith, Director
Division of Water Resources
By Authority of the Environmental Management Commission
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DocuSign Envelope ID: B79BCC70-65A8-4661-8AA3-4E565F083D12
NC DEQ Pesticides General Permit — NCG560000
1.0 Coverage under This Permit. A Permittee generally includes both (1) the entity with
control over the financing for, or the decision to perform pesticide applications, including the
ability to modify those decisions, that results in a discharge to waters of the State and (2) the
entity with day-to-day operational control of or who performs activities (e.g., the application
of pesticides) that are necessary to ensure compliance with the permit (e.g., they are
authorized to direct workers to carry out activities required by the permit or perform such
activities themselves). As such, more than one person may be responsible for compliance
with this permit for any single discharge from the application of pesticides.
1.1 Eligibility
Activities Covered. This permit is available to Permittees who discharge to waters of the
state from the application of (1) biological pesticide products or (2) chemical pesticide
products that leave a residue (hereinafter collectively "pesticides"), when the pesticide
application is for one of the following pesticide use patterns:
a. Mosquito and Other Flying Insect Pest Control — to control public health/nuisance and
other flying insect pests in or above standing or flowing water. Public health/nuisance
and other flying insect pests in this use category include but are not limited to mosquitoes
and black flies.
b. Aquatic Weed and Algae Control — to control invasive or other nuisance weeds and
algae in water and at water's edge, including irrigation ditches and/or irrigation canals.
c. Aquatic Animal Pest Control — to control invasive or other pest animals in water and at
water's edge. Animals in this use category include, but are not limited to fish, lampreys,
and mollusks.
d. Forest Canopy Pest Control — aerial application of a pesticide over a forest canopy to
control the population of a pest species where to target the pests effectively a portion of
the pesticide unavoidably will be applied over and deposited to water.
e. Intrusive Vegetation Control — to control vegetation along roads, utility rights of way,
canals or ditches where to target the intrusive species effectively a portion of the pesticide
will unavoidably be applied over or deposited into Water of the State.
1.1.2 Discharges to Water Quality Impaired Waters. You are not eligible for coverage under
this permit for any discharges from a pesticide application to Waters of the State if the water
is identified as impaired by that pesticide or its degradants'. For purposes of this permit,
impaired waters are those that have been identified on the North Carolina 303(d) list,
available on the Internet [https://deq.nc.gov/about/divisions/water-
resources/planning/modeling-assessment/water-quality-data-assessment/integrated-report-
files]. If your discharge would not be eligible because the water is listed as impaired for that
specific pesticide, but you have evidence that shows the water is no longer impaired, submit
any supporting information to the Division with your NOI.
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DocuSign Envelope ID: B79BCC70-65A8-4661-8AA3-4E565F083D12
NC DEQ Pesticides General Permit — NCG560000
1.1.3 Endangered and Threatened Species and Critical Habitat Protection. Coverage under
this permit is available only for discharges and discharge -related activities that are not likely
to result in any short or long term adverse effects to species that are federally -listed as
endangered or threatened ("listed") under the Endangered Species Act (ESA) or habitat that
is federally -designated as critical under the ESA ("critical habitat").
1.2 Coverage under this Permit
1.2.1 How to obtain a CoC. An applicator must:
a. Meet the eligibility requirements identified in Part 1.1, and
b. If your operations are identified in Part 1.2.2, submit a complete and accurate NOI.
NOTE: Applicators meeting the eligibility provisions outlined in Part 1.1 and whose
discharges are not subject to the requirements to submit an NOI, as identified in Part 1.2.2,
are automatically authorized to discharge in compliance with the requirements of this permit
Coverage under this permit is for the Person who filed the NOI, including its employees,
contractors, subcontractors, and other agents, for all activities identified on the NOI for the
duration of this permit. If a submitted NOI is not timely, accurate, or complete, then any
employee, contractor, subcontractor or other entity that discharges without the required NOI
is not covered by this permit.
1.2.2 Persons required to submit an NOI. The following applicators are required to submit an
NOI to obtain coverage under this permit:
a. If you are in control over the financing for, or over the decision to perform pest control
activities that will result in a discharge and know or reasonably should have known that
those activities will exceed one or more of the annual (i.e., calendar year) treatment area
thresholds listed in Table 1 below for the "treatment area," as defined in Appendix A, or
b. If you apply pesticides that result in a discharge and know or reasonably should have
known that those activities will exceed one or more of the pesticide application annual
(i.e., calendar year) treatment area thresholds listed in Table 1 below for the "treatment
area," as defined in Appendix A. To determine whether an entity's activities will exceed
one or more of the annual treatment area thresholds, the entity should exclude from its
calculation any pesticide application activities conducted under another entity's NOI
required under (a) above.
c. Application of pesticides by a licensed researcher by or in conjunction with a
manufacturer, university or similar organizations are exempt from this permit
Note: Federal Rules 40 CFR 122.3 lists exclusions from the NPDES program. The exclusion list
includes the introduction of pollutants from non -point source agricultural and silvacultural activities,
including storm water runoff from orchards, cultivated crops and range lands and forest lands and return
flows from irrigated agriculture.
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DocuSign Envelope ID: B79BCC70-65A8-4661-8AA3-4E565F083D12
NC DEQ Pesticides General Permit — NCG560000
Table 1. Annual Treatment Area Thresholds
Pesticide Use
Annual Threshold
Mosquitoes and Other Flying Insect Pests
15,000 acres of treatment area
(adulticide applications only)
Aquatic Weed and Algae Control:
- In Water
1000 acres of treatment area
- At Water's Edge:
200 linear miles of treatment
area at water's edge
Aquatic Nuisance Animal Control:
- In Water
200 acres of treatment area
- At Water's Edge
200 linear miles of treatment
area at water's edge
Forest Canopy Pest Control
10,000 acres
Intrusive Vegetation Control
500 linear miles
1 Multiple applications to the same area are added together only for mosquito and other flying pest control
1.2.3 Discharge Authorization Date. Beginning December 1, 2021 you must be covered under
an NPDES permit for discharges to waters of the state as a result of the application of a
pesticide. Permittees are authorized to discharge under this permit consistent with Table 2
below.
Table 2. Discharge Authorization Date
I.
Category
NOI Submittal
Deadline
Discharge Authorization Date
Applicators who know or
should have reasonably
known, prior to
commencement of discharge,
that they will exceed an annual
treatment area threshold
identified in Part 1.2.2 for that
year.
At least 10 days
prior to
commencement of
discharge.
No earlier than 10 days after the
Division posts on the Internet receipt
of your complete and accurate NOI.
Applicators who do not know
or would reasonably not know
until after commencement of
discharge, that they will
exceed an annual treatment
area threshold identified in
Part 1.2.2 for that year.
At least 10 days
prior to exceeding
an annual treatment
area threshold.
Original authorization terminates
when annual treatment area threshold
is exceeded. Applicator is
reauthorized no earlier than 10 days
after the Division posts on the
Internet receipt of your complete and
accurate NOI.
Applicators commencing
discharge in response to a
declared pest emergency
No later than 30
days after
commencement of
discharge.
Immediately, for activities conducted
in response to declared pest
emergency situation.
situation as defined in
Appendix A.
Timing for NOI submittal is based on when an applicator is aware that pesticide
application[s] will exceed an annual treatment area threshold during the calendar year. Based
on a review of your NOI or other information, the Division may:
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DocuSign Envelope ID: B79BCC70-65A8-4661-8AA3-4E565F083D12
NC DEQ Pesticides General Permit — NCG560000
• Delay issuance of your CoC for further review
• Determine that additional technology -based and/or water quality -based effluent
limitations are necessary
• Deny coverage under this permit and require submission of an application for an
individual NPDES permit, as detailed in Part 1.3.
1.2.4 Continuation of this Permit. If this permit is not reissued or replaced prior to the expiration
date, it will be administratively continued in accordance with 40 CFR 122.6 and remain in
force and effect. If you were authorized to discharge under this permit prior to the expiration
date, any discharges authorized under this permit will automatically remain covered by this
permit until the earliest of:
a. Your authorization for coverage under a reissued permit or a replacement of this permit
following your timely and appropriate submittal of a complete NOI requesting
authorization to discharge under the new permit and compliance with the requirements of
the NOI;
b. The processing of your Rescission Request consistent with Part 1.2.5.1;
c. The issuance or denial of an individual permit for a discharge resulting from application
of a pesticide that would otherwise be covered under this permit;
d. A formal permit decision by the Division not to reissue this general permit, at which time
the Division will identify a reasonable time period for covered dischargers to seek
coverage under an alternative general permit or an individual permit. Coverage under
this permit will cease when coverage under another permit is granted/authorized; or
e. The Division has informed you that you are no longer covered under this permit.
1.2.5 Rescinding Coverage
1.2.5.1 Submitting a Rescission Request. To rescind the Certificate of Coverage, the Permittee
must submit a complete and accurate Rescission Request. Authorization to discharge under
this permit terminates at midnight of the day that a complete Rescission Request. If you
submit a Rescission Request without meeting one or more of the conditions identified in Part
1.2.5.2, then your Notice of Termination is not valid. You are responsible for complying with
the terms of this permit until your authorization is terminated. If you met the annual
treatment area threshold for having to submit annual reports pursuant to Part 7, you must file
an annual report for the portion of the year up through the date of your termination. The
annual report is due no later than 45 days after your termination date.
1.2.5.2 When to Submit a Rescission Request. Permittees required to submit an NOI as identified
in Part 1.2.2 must submit a Rescission Request within 30 days after one or more of the
following conditions have been met:
a. A new applicator has taken over responsibility for pest control activities covered under an
existing CoC;
b. You have ceased all discharges from the application of pesticides for which you obtained
permit coverage and you do not expect to discharge during the remainder of the permit
term for any of the use patterns as identified in Part 1.1.1; or
c. You have obtained coverage under an individual permit or an alternative general permit
for all discharges required to be covered by an NPDES permit, unless you obtained
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DocuSign Envelope ID: B79BCC70-65A8-4661-8AA3-4E565F083D12
NC DEQ Pesticides General Permit — NCG560000
coverage consistent with Part 1.3, in which case coverage under this permit will terminate
automatically.
1.2.5.3 Applicators covered under this permit that are not required to submit an NOI are terminated
from permit coverage when they no longer have a discharge from the application of
pesticides or their discharges are covered under an NPDES individual permit or alternative
NPDES general permit.
1.3 Individual Permit coverage
1.3.1 The Division Requiring Coverage under an Alternative Permit. The Division may
require you to apply for and/or obtain authorization to discharge under either an individual
NPDES permit or an alternative NPDES general permit in accordance with 40 CFR 122.64
and 124.5. If the Division requires you to apply for an individual NPDES permit, the
Division will notify you in writing that a permit application is required. This notification will
include a brief statement of the reasons for this decision and will provide application
information. In addition, if you are an applicator whose discharges are authorized under this
permit, the notice will set a deadline to file the permit application, and will include a
statement that on the effective date of the individual NPDES permit, or the alternative
general permit as it applies to you, coverage under this general permit will terminate. the
Division may grant additional time to submit the application if you submit a request setting
forth reasonable grounds for additional time. If you are covered under this permit and fail to
submit an individual NPDES permit application as required by the Division, then the
applicability of this permit to you is terminated at the end of the day specified by the
Division as the deadline for application submittal. The Division may take enforcement action
for any unpermitted discharge or violation of any permit requirement.
1.3.2 Applicator Requesting Coverage under an Alternative Permit. If you do not want to be
covered by this general permit, but need permit coverage, you can apply for an individual
permit. In such a case, you must submit an individual permit application in accordance with
the requirements of 40 CFR 122.26(c)(1)(ii), with reasons supporting the request, to the
Division at the applicable NC DEQ Regional Office listed in Part 8 of this permit. The
request may be granted by issuance of an individual permit or authorization of coverage
under an alternative general permit if your reasons are warranted.
When an individual NPDES permit is issued to you or you are authorized under an
alternative NPDES general permit to discharge a pollutant to waters of the U.S. as a result of
a pesticide application, your authorization to discharge under this permit is terminated on the
effective date of the individual permit or the date of authorization of coverage under the
alternative general permit.
1.4 Severability. Invalidation of a portion of this permit does not render the whole permit
invalid. The Division's intent is that the permit will remain in effect to the extent possible; in
the event that any part of this permit is invalidated, the remaining parts of the permit will
remain in effect unless the Division issues a written statement otherwise.
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DocuSign Envelope ID: B79BCC70-65A8-4661-8AA3-4E565F083D12
NC DEQ Pesticides General Permit — NCG560000
1.5 Other Federal and State Laws. You must comply with all other applicable federal and
state laws and regulations that pertain to your application of pesticides. For example, this
permit does not negate the requirements under FIFRA and its implementing regulations to
use registered pesticides consistent with the product's labeling. Additionally, there are other
laws and regulations that may apply to certain activities that are also covered under this
permit (e.g., United States Coast Guard regulations).
2.0 Technology -Based Effluent Limitations
To meet the effluent limitations in Part 2, you must implement site -specific control measures
that minimize discharges of pesticides to waters of the state.
The terms "minimize" and "control measure" are defined in Appendix A.
2.1. Minimize Pesticide Discharges to Waters of the State. All applicators must minimize the
discharge of pollutants resulting from the application of pesticides. All applicators must also:
■ Apply pesticides at or below the highest rate allowed by the pesticide label.
■ Perform regular maintenance activities to reduce leaks, spills, or other unintended
discharges of pesticides associated with the application of pesticides covered under this
permit.
• Maintain pesticide application equipment in proper operating condition by adhering to
relevant manufacturer's conditions and industry practices, and by calibrating, cleaning,
and repairing such equipment on a regular basis to ensure effective pesticide application
and pest control. You must ensure that the equipment's rate of pesticide application is
calibrated to deliver the appropriate quantity of pesticide needed to achieve greatest
efficacy against the target pest.
3.0 Water Quality -Based Effluent Limitations
Your discharge must be controlled as necessary to meet applicable numeric and narrative
state water quality standards.
If at any time you become aware, or the Division determines, that your discharge causes or
contributes to an violation of applicable water quality standards, you must take corrective
action as required in Part 6.
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DocuSign Envelope ID: B79BCC70-65A8-4661-8AA3-4E565F083D12
NC DEQ Pesticides General Permit — NCG560000
4.0 Site Monitoring
4.1 Monitoring Requirements for Pesticide Applicators. You must monitor the amount of
pesticide applied to ensure that you are using the lowest amount to effectively control the
pest, consistent with reducing the potential for development of pest resistance. You must also
monitor your pesticide application activities to ensure you are performing regular
maintenance activities and to ensure that your application equipment is in proper operating
condition to reduce the potential for leaks, spills, or other unintended discharge of pesticides
to waters of the U.S. Additionally, you must monitor your pesticide application activities to
ensure that the application equipment is in proper operating condition by adhering to any
relevant manufacturer's conditions and industry practices, and by calibrating, cleaning, and
repairing equipment on a regular basis.
4.2 Visual Monitoring Requirements for all Applicators. All applicators covered under this
permit must conduct spot checks in the area to and around where pesticides are applied for
possible and observable adverse incidents, as defined in Appendix A, caused by application
of pesticides, including but not limited to the unanticipated death or distress of non -target
organisms and disruption of wildlife habitat, recreational or municipal water use. Visual
assessments of the application site must be performed:
a. During any post -application surveillance or efficacy check that you conduct, if
surveillance or an efficacy check is conducted.
b. During any pesticide application, when considerations for safety and feasibility allow.
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DocuSign Envelope ID: B79BCC70-65A8-4661-8AA3-4E565F083D12
NC DEQ Pesticides General Permit — NCG560000
5.0. Pesticide Discharge Management Plan
Renewals:
This Part applies to any applicator required to submit an NOI, as required in Part 1.2.2.
Some sections of the Pesticide Discharge Management Plan (PDMP) will require input from
the pesticide applicator.
New Applicators:
If you are required to submit an NOI, you must prepare a PDMP for your pest management
area. You plan must be prepared by April 1, 2022. However, the PDMP does not need to be
submitted to the Division of Water Resources unless specifically requested by the Division.
You must keep the plan up-to-date thereafter for the duration of coverage under this general
permit, even if your discharges subsequently fall below the applicable NOI threshold. You
must develop a PDMP consistent with the deadline outlined in Table 3 below:
Table 3. Pesticide Discharge Management Plan Deadline
Category
PDMP Deadline
(New applicators)
Permittees who know or should have reasonably
known, prior to commencement of discharge, that they
will exceed an annual treatment area threshold
identified in Part 1.2.2 for that year.
Permittees who do not know or would reasonably not
know until after commencement of discharge, that they
will exceed an annual treatment area threshold
identified in Part 1.2.2 for that year.
Prior to first pesticide application
covered under this permit after April
1, 2022
Prior to exceeding an annual
treatment area threshold after April 1,
2022
Permittees commencing discharge in response to a
declared pest emergency situation as defined in
No later than 90 days after
responding to declared pest
emergency situation after April 1,
2022
Appendix A that will cause the applicator to exceed an
annual treatment area threshold.
The PDMP does not contain effluent limitations; the limitations are contained in Parts 2 and
3 of the permit. The PDMP documents how you will implement the effluent limitations in
Parts 2 and 3 of the permit, including your evaluation and selection of control measures to
meet those effluent limitations and minimize discharges. In your PDMP, you may
incorporate by reference any procedures or plans in other documents that meet the
requirements of this permit. If you rely upon other documents to describe how you will
comply with the effluent limitations in this permit, such as a pre-existing pest management
plan, you must attach to your PDMP a copy of any portions of any documents that you are
using to document your implementation of the effluent limitations. All permittee subject to
the effluent limitations described above must implement control measures to satisfy the
effluent limitations in Parts 2 and 3. This includes the permittee who submitted the NOI as
well as any employees, contractors, subcontractors, or other agents. The control measures
implemented must be documented and the documentation must be kept up-to-date.
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DocuSign Envelope ID: B79BCC70-65A8-4661-8AA3-4E565F083D12
NC DEQ Pesticides General Permit — NCG560000
5.1 Contents of Your Pesticide Discharge Management Plan
5.1.1 PDMP Team. You must identify all the persons (by name and contact information) that
compose the team as well as each person's individual responsibilities, including:
a. Person(s) responsible for managing pests in relation to the pest management area
b. Person(s) responsible for developing and revising the PDMP;
c. Person(s) responsible for developing, revising, and implementing corrective actions and
other effluent limitation requirements ; and
d. Person(s) responsible for pesticide applications. If the pesticide applicator is unknown at
the time of plan development, indicate whether or not a for -hire applicator will be used
and when you anticipate that you will identify the applicator.
Identification of team members must include any written agreement(s) between you and any
other applicator(s), such as a for -hire pesticide applicator, that specify the division of
responsibilities between applicators as necessary to comply with the provisions of this
permit.
5.1.2 Pest Management Area Description. You must document the following:
a. Pest problem description. Describe the pest problem at your pest management area,
including identification of the target pest(s), source of the pest problem, and source of
data used to identify the problem
b. General location map. In the plan, include a general surface area map (e.g., USGS
quadrangle map, a portion of a city or county map, or other map) that identifies the
geographic boundaries of the service area to which the plan applies and location of the
waters of the State
5.1.3 Schedules and Procedures. You must document the following schedules and procedures in
your PDMP:
5.1.3.1 Pertaining to Control Measures Used to Comply with the Effluent Limitations in Part 2. The
following must be documented in your PDMP:
a. Spill Prevention. Procedures and maintenance activities for preventing spills and leaks of
pesticides associated with the application of pesticides covered under this permit.
b. Pesticide Application Equipment. Procedures for maintaining the pesticide application
equipment in proper operating condition, including calibrating, cleaning, and repairing
the equipment.
c. Pest Surveillance. Procedures and methods for conducting pre- application pest
surveillance, if necessary.
5.1.3.2 Pertaining to Other Actions Necessary to Minimize Discharges. The following must be
documented in your PDMP:
a. Spill Response Procedures — At a minimum you must have:
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DocuSign Envelope ID: B79BCC70-65A8-4661-8AA3-4E565F083D12
NC DEQ Pesticides General Permit — NCG560000
1. Procedures for expeditiously stopping, containing, and cleaning up leaks, spills, and
other releases. Employees who may cause, detect, or respond to a spill or leak must
be trained in these procedures and have necessary spill response equipment available.
If possible, one of these individuals should be a member of your PDMP team.
2. Procedures for notification of appropriate facility personnel, emergency response
agencies, and regulatory agencies.
b. Adverse Incident Response Procedures — At a minimum you must have:
1. Procedures for responding to any incident resulting from pesticide applications;
2. Procedures for notification of the incident, both internal to your agency/organization
and external. Contact information for state/federal permitting agency, nearest
emergency medical facility, and nearest hazardous chemical responder must be in
locations that are readily accessible and available.
c. Pesticide Monitoring Procedures — You must document procedures for monitoring
consistent with the requirements in Part 4 including:
1. The person (or position) responsible for conducting monitoring; and
2. Procedures for documenting any observed impacts to non -target organisms resulting
from your pesticide discharge.\
5.1.4 Signature Requirements. You must sign, date and certify your PDMP in accordance with
Appendix B, Subsection B.11.
5.2 Pesticide Discharge Management Plan Modifications. You must modify your PDMP
whenever necessary to address any of the triggering conditions for corrective action or when
a change in pest control activities significantly changes the type or quantity of pollutants
discharged. Changes to your PDMP must be made before the next pesticide application that
results in a discharge, if practicable, or if not, as soon as possible thereafter. The revised
PDMP must be signed and dated in accordance with Appendix B, Subsection B.11.
You must review your PDMP at a minimum once per calendar year and whenever necessary
to update the pest problem identified and pest management strategies evaluated for your pest
management area.
5.3 Pesticide Discharge Management Plan Availability. You must retain a copy of the current
PDMP, along with all supporting maps and documents, at the address provided in the NOI.
The PDMP and all supporting documents must be readily available, upon request, and copies
of any of these documents provided, upon request, to the Division; a State, Territorial, Tribal,
or local agency governing discharges or pesticide applications within their respective
jurisdictions; and representatives of the U.S. Fish and Wildlife Service (USFWS) or the
National Marine Fisheries Service (NMFS). the Division may provide copies of your PDMP
or other information related to this permit that is in its possession to members of the public.
Any Confidential Business Information (CBI), as defined in 40 CFR Part 2, may be withheld
from the public provided that a claim of confidentiality is properly asserted and documented
in accordance with 40 CFR Part 2; however, CBI must be submitted to the Division, if
requested, and may not be withheld from those staff within the Division, FWS, and NMFS
cleared for CBI review.
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6.0 Corrective Action
6.1 Situations Requiring Revision of Control Measures. If any of the following situations
occur, you must review and, as necessary, revise the evaluation and selection of your control
measures to ensure that the situation is eliminated and will not be repeated in the future:
a. An unauthorized release or discharge associated with the application of pesticides (e.g.,
spill, leak, or discharge not authorized by this or another NPDES permit) occurs;
b. You become aware, or the Division concludes, that your control measures are not
adequate/sufficient for the discharge to meet applicable water quality standards;
c. Any monitoring activities indicate that you failed to:
1. Perform regular maintenance activities to reduce leaks, spills, or other unintended
discharges of pesticides associated with the application of pesticides covered under
this permit; or
2. Maintain pesticide application equipment in proper operating condition by adhering
to any manufacturer's conditions and industry practices, and by calibrating, cleaning,
and repairing such equipment on a regular basis to ensure effective pesticide
application and pest control. You must ensure that the equipment's rate of pesticide
application is calibrated to deliver the precise minimum quantity of pesticide needed
to achieve greatest efficacy against the target pest.
d. An inspection or evaluation of your activities by a State official reveals that
modifications to the control measures are necessary to meet the non -numeric effluent
limits in this permit, or
e. You observe, for example, during visual monitoring in Part 4.2, or are otherwise made
aware of, an adverse incident, as defined in Appendix A.
6.2. Corrective Action Deadlines. If you determine that changes to your control measures are
necessary to eliminate any situation identified in Part 6.1, such changes must be made before
the next pesticide application that results in a discharge if practicable, or if not, as soon as
possible thereafter.
6.3 Effect of Corrective Action. The occurrence of a situation identified in Part 6.1 may
constitute a violation of the permit. Correcting the situation according to Part 6.1 does not
absolve you of liability for any original violation. However, failure to comply with Part 6.1
constitutes an additional permit violation. The Division will consider the appropriateness and
promptness of corrective action in determining enforcement responses to permit violations.
The Division or a court may impose additional requirements and schedules of compliance,
including requirements to submit additional information concerning the condition(s)
triggering corrective action or schedules and requirements more stringent than specified in
this permit. Those requirements and schedules will supersede those of Part 6.1 if such
requirements conflict.
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6.4 Adverse Incident Documentation and Reporting
6.4.1 Twenty -Four (24) Hour Adverse Incident Notification
If you observe or are otherwise made aware of an adverse incident, as defined in Appendix
A, that may have resulted from a discharge from your pesticide application, you must
immediately notify your NC DEQ Regional Office. This notification must be made by
telephone within 24 hours of you becoming aware of the adverse incident and must include at
least the following information:
a. The caller's name and telephone number;
b. Applicator name and mailing address;
c. If covered under an NOI, the NOI NPDES tracking number;
d. The name and telephone number of a contact person, if different than the person
providing the 24-hour notice;
e. How and when you became aware of the adverse incident;
f. Description of the location of the adverse incident;
g. Description of the adverse incident identified and the EPA pesticide registration number
and brand name for each product you applied in the area of the adverse incident; and
h. Description of any steps you have taken or will take to correct, repair, remedy, cleanup,
or otherwise address any adverse effects.
If you are unable to notify the Division within 24 hours, you must do so as soon as possible
and also provide your rationale for why you were unable to provide such notification within
24 hours.
The adverse incident notification and reporting requirements are in addition to what the
registrant is required to submit under FIFRA section 6(a)(2) and its implementing regulations
at 40 CFR Part 159.
Reporting of adverse incidents is not required under this permit in the following situations:
(1) You are aware of facts that clearly establish that the adverse incident was not related to
toxic effects or exposure from the pesticide application.
(2) You have been notified in writing by the Division that the reporting requirement has been
waived for this incident or category of incidents.
(3) You receive information notifying you of an adverse incident but that information is
clearly erroneous.
(4) An adverse incident occurs to pests that are similar in kind to pests identified as potential
targets on the FIFRA label.
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6.4.2 Thirty (30) Day Adverse Incident Written Report. Within 30 days of a reportable adverse
incident pursuant to Part 6.4.1, you must provide a written report of the adverse incident to
the appropriate NC DEQ Regional Office. Your adverse incident report must include at least
the following information:
a. Information required to be provided in Part 6.4.1;
b. Date and time you contacted the Division notifying the adverse incident and who you
spoke with at the Division and any instructions you received from the Division;
c. Location of incident, including the names of any waters affected and appearance of those
waters (sheen, color, clarity, etc);
d. A description of the circumstances of the adverse incident including species affected,
estimated number of individual and approximate size of dead or distressed organisms;
e. Magnitude and scope of the affected area (e.g. aquatic square area or total stream distance
affected);
f. Pesticide application rate, intended use site (e.g., banks, above, or direct to water),
method of application, brand name of pesticide product, and EPA registration number;
g. Description of the habitat and the circumstances under which the adverse incident
occurred (including any available ambient water data for pesticides applied);
h. If laboratory tests were performed, indicate what test(s) were performed, and when, and
provide a summary of the test results within 5 days after they become available;
i. If applicable, explain why you believe the adverse incident could not have been caused
by exposure to the pesticide;
j. Actions to be taken to prevent recurrence of adverse incidents; and
k. Signed and dated in accordance with Appendix B, Subsection B.11.
You must report adverse incidents even for those instances when the pesticide labeling states
that adverse effects may occur.
6.4.3 Adverse Incident to Threatened or Endangered Species or Critical Habitat
Notwithstanding any of the other adverse incident notification requirements of this section, if
you become aware of an adverse incident affecting a federally -listed threatened or
endangered species or its federally -designated critical habitat, that may have resulted from a
discharge from your pesticide application, you must immediately notify the National Marine
Fisheries Service (NMFS) in the case of an anadromous or marine species, or the U.S. Fish
and Wildlife Service (FWS) in the case of a terrestrial or freshwater species. This notification
must be made by telephone immediately upon your becoming aware of the adverse incident
and must include at least the following information:
• The caller's name and telephone number;
• Applicator name and mailing address;
• The name of the affected species;
• How and when you became aware of the adverse incident;
• Description of the location of the adverse incident;
• Description of the adverse incident, including the EPA pesticide registration number for
each product you applied in the area of the adverse incident; and
• Description of any steps you have taken or will take to alleviate the adverse impact to the
species.
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Additional information (including contact information for Adverse Incident Reports) on
threatened or endangered species and critical habitat is available from NMFS
(www.nmfs.noaa.gov) for anadromous or marine species, or FWS (www.fws.gov) for
terrestrial or freshwater species.
6.5 Reportable Spills and Leaks
6.5.1 Spill, Leak, or Other Unpermitted Discharge Notification
Where a leak, spill, or other release containing a hazardous substance or oil in an amount
equal to or in excess of a reportable quantity established under either 40 CFR Part 110, 40
CFR Part 117, or 40 CFR Part 302 occurs in any 24-hour period, you must notify the
National Response Center (NRC) immediately at [phone] or in accordance with the
requirements of 40 CFR Part 110, 40 CFR Part 117, and 40 CFR Part 302 as soon as you
have knowledge of the release. Contact information must be in locations that are readily
accessible and available in the area where the spill, leak, or other unpermitted discharge may
occur.
State or local requirements may necessitate also reporting spills or leaks to local emergency
response, public health, or drinking water supply agencies.
6.5.2 Five -Day Spill, Leak, or Other Unpermitted Discharge Documentation
Within 5 days of you becoming aware of a spill, leak, or other unpermitted discharge
triggering the notification in Part 6.5.1, you must document and retain the following
information:
a. Information required to be provided in Part 6.5.1
b. Summary of corrective action taken or to be taken including date initiated and date
completed or expected to be completed;
c. Any measures to prevent recurrence of such a spill or leak or other discharge, including
notice of whether PDMP modifications are required as a result of the spill or leak.
6.6 Other Corrective Action Documentation. For situations identified in Part 6.1, other than
for adverse incidents (addressed in Part 6.4), or reportable spills or leaks (addressed in Part
6.5), you must document the situation triggering corrective action and your planned
corrective action within five (5) days of you becoming aware of that situation and retain a
copy of this documentation. This documentation must include the following information:
a. Identification of the condition triggering the need for corrective action review, including
any ambient water quality monitoring that assisted in determining that discharges did not
meet water quality standards;
b. Brief description of the situation;
c. Date the problem was identified.
d. Brief description of how the problem was identified and how the applicator learned of the
situation and date the applicator learned of the situation;
e. Summary of corrective action taken or to be taken including date initiated and date
completed or expected to be completed; and
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f. Any measures to prevent recurrence of such an incident, including notice of whether
PDMP modifications are required as a result of the incident.
7.0 Recordkeeping and Reporting
Applicators must keep written records as required by this permit. These records must be
accurate and complete and sufficient to demonstrate your compliance with the conditions of
this permit. You can rely on records and documents developed for other obligations, such as
requirements under FIFRA, and State pesticide programs, provided all requirements of this
permit are satisfied.
The Division recommends that all applicators covered under this permit keep records of acres
or linear miles treated for all applicable use patterns covered under this general permit. The
records should be kept up-to-date to help you determine if you will meet the annual treatment
area threshold during any calendar year, as identified in Part 1.2.2.
7.1. All applicators must keep the following records:
a. A copy of this permit (an electronic copy is also acceptable)
b. A copy of any Adverse Incident Reports (See Part 6.4.2)
c. Your rationale for any determination that reporting of an identified adverse incident is not
required consistent with allowances identified in Part 6.4.1.
d. A copy of any corrective action documentation (See Part 6.6)
7.2. This part applies to any entity required to submit an NOI and to any pesticide applicator hired
by such entity to perform activities covered under this permit. Records listed below are
required to be kept at the address provided on the NOI, as identified in Part 1.2.2. Records of
equipment maintenance and calibration are to be maintained only by the entity performing
the pest application activity (on behalf of self or client).
a. A copy of the NOI submitted to the Division, any correspondence exchanged between
you and the Division specific to coverage under this permit, and a copy of the
acknowledgment letter assigning your CoC number;
b. The date on which you knew or reasonably should have known that you would exceed an
annual treatment area threshold during any calendar year, as identified in Part 1.2.2;
c. Target pest(s);
d. Company name and contact information for pesticide applicator
e. Pesticide application date(s);
f. Description of treatment area, including location and size (acres or linear feet) of
treatment area and identification of any waters, either by name or by location, to which
you discharged any pesticide(s);
g. Name of each pesticide product used including the EPA registration number;
h. Amount (volume or weight) of pesticide formulation or active ingredient applied per unit
of measure (must specify)
i. Any unusual or unexpected effects identified to non -target organisms
j. Documentation of any equipment cleaning, calibration, and repair (to be kept by pesticide
application equipment applicator);
k. A copy of your PDMP, including any modifications made to the PDMP during the term
of this permit.
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7.3. All required records must be documented as soon as possible but no later than 14 days
following completion of such activity. You must retain any records required under this
permit for at least 3 years from the date that your coverage under this permit expires or is
terminated. You must make available to the Division upon request, including an authorized
representative of the Division, all records kept under this permit upon request and provide
copies of such records, upon request.
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Appendix A
Definitions, Abbreviations, and Acronyms
Action Threshold — The point at which pest populations or environmental conditions can no longer be
tolerated necessitating that pest control action be taken based on economic, human health, aesthetic, or
other effects. Sighting a single pest does not always mean control is needed. Action thresholds help
determine both the need for control actions and the proper timing of such actions.
Active Ingredient — any substance (or group of structurally similar substances if specified by the
Agency) that will prevent, destroy, repel or mitigate any pest, or that functions as a plant regulator,
desiccant, or defoliant within the meaning of FIFRA sec. 2(a). [40 CFR 152.3] Active ingredient also
means a pesticidal substance that is intended to be produced and used in a living plant, or in the produce
thereof, and the genetic material necessary for the production of such a pesticidal substance. [40 CFR
174.3]
Adverse Incident — means an incident that you have observed upon inspection or of which you
otherwise become aware, in which:
(1) There is evidence that a person or non -target organism has been exposed to a pesticide
residue, and
(2) The person or non -target organism suffered a toxic or adverse effect.
The phrase "toxic or adverse effects" includes effects that occur within waters of the state on non -target
plants, fish or wildlife that are unusual or unexpected (e.g., effects are to organisms not otherwise
described on the pesticide product label or otherwise not expected to be present) as a result of exposure
to a pesticide residue, and may include:
Distressed or dead juvenile and small fishes
- Washed up or floating fish
Fish swimming abnormally or erratically
- Fish lying lethargically at water surface or in shallow water
Fish that are listless or nonresponsive to disturbance
- Stunting, wilting, or desiccation of non -target submerged or emergent aquatic plants
Other dead or visibly distressed non -target aquatic organisms (amphibians, turtles, invertebrates,
etc.)
The phrase, "toxic or adverse effects," also includes any adverse effects to humans (e.g., skin rashes) or
domesticated animals that occur either directly or indirectly from a discharge to waters of the U.S. that
are temporally and spatially related to exposure to a pesticide residue (e.g., vomiting, lethargy).
Applicator — any entity involved in the application of a pesticide that results in a discharge to waters of
the State. that meets either or both of the following two criteria:
(i) The entity has control over the financing for, or the decision to perform pesticide applications
that result in discharges, including the ability to modify those decisions; or
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(ii) The entity has day-to-day control of or performs activities that are necessary to ensure
compliance with the permit (e.g., they are authorized to direct workers to carry out activities
required by the permit or perform such activities themselves).
Best Management Practices (BMPs) — are examples of control measures that may be implemented to
meet effluent limitations. These include schedules of activities, prohibitions of practices, maintenance
procedures, and other management practices to minimize the discharge of pollutants to waters of the
State. BMPs also include treatment requirements, operating procedures, and practices to control spillage
or leaks, waste disposal, or drainage from raw material storage. [40 CFR 122.2]
Biological Control Agents — These agents are organisms that can be introduced to your sites, such as
herbivores, predators, parasites, and hyperparasites. [Source: US FWS IPM Guidance, 2004]
Biological Pesticides (also called biopesticides) - include microbial pesticides, biochemical pesticides
and plant -incorporated protectants (PIP). Microbial pesticide means a microbial agent intended for
preventing, destroying, repelling, or mitigating any pest, or intended for use as a plant regulator,
defoliant, or dessicant, that (1) is a eucaryotic microorganism including, but not limited to, protozoa,
algae, and fungi; (2) is a procaryotic microorganism, including, but not limited to, Eubacteria and
Archaebacteria; or (3) is a parasitically replicating microscopic element, including but not limited to,
viruses. [40 CFR 158.2100(b)] Biochemical pesticide mean a pesticide that (1) is a naturally -occurring
substance or structurally -similar and functionally identical to a naturally -occurring substance; (2) has a
history of exposure to humans and the environment demonstrating minimal toxicity, or in the case of a
synthetically -derived biochemical pesticides, is equivalent to a naturally -occurring substance that has
such a history; and (3) Has a non -toxic mode of action to the target pest(s). [40 CFR 158.2000(a)(1)]
Plant -incorporated protectant means a pesticidal substance that is intended to be produced and used in a
living plant, or in the produce thereof, and the genetic material necessary for production of such a
pesticidal substance. It also includes any inert ingredient contained in the plant, or produce thereof. [40
CFR 174.3]
Chemical Pesticides — all pesticides not otherwise classified as biological pesticides.
Clean Water Act (CWA) —Federal Water Pollution Control Act, 33 U.S.C. §1251 et seq
Control Measure — refers to any BMP or other method used to meet the effluent limitations. Control
measures must comply with manufacturer specifications, industry standards and recommended industry
practices related to the application of pesticides, and relevant legal requirements. Additionally, control
measures could include other actions that a prudent applicator would implement to reduce and/or
eliminate pesticide discharges to waters of the State to comply with the effluent limitations in Parts 2
and 3 of this permit.
Cultural Methods - manipulation of the habitat to increase pest mortality by making the habitat less
suitable to the pest.
Declared Pest Emergency Situation — An event defined by a public declaration by a federal agency,
state, or local government of a pest problem determined to require control through application of a
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pesticide beginning less than ten days after identification of the need for pest control. This public
declaration may be based on:
(1) Significant risk to human health;
(2) Significant economic loss; or
(3) Significant risk to:
(i) Endangered species,
(ii) Threatened species,
(iii) Beneficial organisms, or
(iv) The environment.
[40 CFR 166]
Director — a Regional Administrator of the Environmental Protection Agency or an authorized
representative. [excerpted from 40 CFR 122.2]
Discharge — when used without qualification, means the "discharge of a pollutant." [40 CFR 122.2]
Discharge of a pollutant — any addition of any "pollutant" or combination of pollutants to "waters of
the State" from any "point source," or any addition of any pollutant or combination of pollutants to the
water of the "contiguous zone" or the ocean from any point source other than a vessel or other floating
craft that is being used as a means of transportation. This includes additions of pollutants into waters of
the U.S. from: surface runoff that is collected or channeled by man; discharges through pipes, sewers, or
other conveyances, leading into privately owned treatment works. [excerpted from 40 CFR 122.2]
EPA Approved or Established Total Maximum Daily Loads (TMDLs) — "EPA Approved TMDLs"
are those that are developed by a State and approved by EPA. "EPA Established TMDLs" are those that
are issued by EPA.
Establishment — generally a single physical location where business is conducted or where services or
industrial operations are performed (e.g., factory, mill, store, hotel, movie theater, mine, farm, airline
terminal, sales office, warehouse, or central administrative office).
Facility or Activity — any NPDES "point source" (including land or appurtenances thereto) that is
subject to regulation under the NPDES program. [40 CFR 122.2]
Federal Facility — any buildings, installations, structures, land, public works, equipment, aircraft,
vessels, and other vehicles and property, owned, operated, or leased by, or constructed or manufactured
for the purpose of leasing to, the federal government.
FIFRA — Federal Insecticide, Fungicide, and Rodenticide Act [7 USC 136 et seq.]
For -Hire Applicator - Includes persons who make contractual pesticide applications for which they or
their employer receives compensation (e.g., lawn care firms, pest control companies).
Impaired Water (or "Water Quality Impaired Water" or "Water Quality Limited Segment") — A water
is impaired for purposes of this permit if it has been identified by a State, Territory, Tribe or EPA
pursuant to Section 303(d) of the Clean Water Act as not meeting applicable State, Territorial, or Tribal
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water quality standards (these waters are called "water quality limited segments" under 40 CFR
130.2(j)). Impaired waters include both waters with approved or established TMDLs, and those for
which a TMDL has not yet been approved or established.
Inert Ingredient - any substance (or group of structurally similar substances if designated by the
Agency), other than an active ingredient, that is intentionally included in a pesticide product,. [40 CFR
152.3] Inert ingredient also means any substance, such as a selectable marker, other than the active
ingredient, where the substance is used to confirm or ensure the presence of the active ingredient, and
includes the genetic material necessary for the production of the substance, provided that genetic
material is intentionally introduced into a living plant in addition to the active ingredient. [40 CFR
174.3]
Integrated Pest Management — is an effective and environmentally sensitive approach to pest
management that relies on a combination of common-sense practices. IPM uses current, comprehensive
information on the life cycles of pests and their interaction with the environment. This information, in
combination with available pest control methods, is used to manage pest damage by the most
economical means, and with the least possible hazard to people, property, and the environment.
Mechanical/Physical Methods - mechanical tools or physical alterations of the environment, for pest
prevention or removal.
Minimize - to reduce and/or eliminate pesticide discharges to waters of the U.S. through the use of
"control measures" to the extent technologically available and economically practicable and achievable.
Non -target Organisms — includes the plant and animal hosts of the target species, the natural enemies
of the target species living in the community, and other plants and animals, including vertebrates, living
in or near the community that are not the target of the pesticide.
North American Industry Classification System (NAICS) — developed under the direction and
guidance of the U.S. Office of Management and Budget (OMB) as the standard for use by Federal
statistical agencies in classifying business establishments for the collection, tabulation, presentation, and
analysis of statistical data describing the U.S. economy. NAICS is scheduled to be reviewed every 5
years for potential revisions with the most recent version being completed in 2007. Under NAICS, an
establishment is generally a single physical location where business is conducted or where services or
industrial operations are performed (e.g., factory, mill, store, hotel, movie theater, mine, farm, airline
terminal, sales office, warehouse, or central administrative office). An enterprise, on the other hand, may
consist of more than one location performing the same or different types of economic activities. Each
establishment of that enterprise is assigned a NAICS code based on its own primary business activity.
Ideally, the primary business activity of an establishment is determined by relative share of production
costs and/or capital investment. In practice, other variables, such as revenue, value of shipments, or
employment, are used as proxies. For this permit, the U.S. Environmental Protection Agency uses
revenue or value of shipments to determine an establishment's primary business activity. Details of
NAICS are available on the Internet at http://www.census.gov/eos/www/naics/index.html.
Person — an individual, association, partnership, corporation, municipality, public or private institutions,
State or Federal agency, or an agent or employee thereof.
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Pest — Consistent with 40 CFR 152.5, any organism under circumstances that make it deleterious to man
or the environment, if it is:
(a) Any vertebrate animal other than man;
(b) Any invertebrate animal, including but not limited to, any insect, other arthropod, nematode,
or mollusk such as a slug and snail, but excluding any internal parasite of living man or other
living animals;
(c) Any plant growing where not wanted, including any moss, alga, liverwort, or other plant of
any higher order, and any plant part such as a root; or
(d) Any fungus, bacterium, virus, or other microorganism, except for those on or in living man
or other living animals and those on or in processed food or processed animal feed,
beverages, drugs (as defined in FFDCA sec. 201(g)(1)) and cosmetics (as defined in FFDCA
sec. 201(i)).
Pest Management Area — The area of land, including any water, for which you are conducting pest
management activities covered by this permit.
Pesticide — means (1) any substance or mixture of substances intended for preventing, destroying,
repelling, or mitigating any pest, (2) any substance or mixture of substances intended for use as a plant
regulator, defoliant, or desiccant, and (3) any nitrogen stabilizer, except that the term "pesticide" shall
not include any article that is a "new animal drug" within the meaning of section 201(w) of the Federal
Food, Drug, and Cosmetic Act (21 U.S.C. 321(w)), that has been determined by the Secretary of Health
and Human Services not to be a new animal drug by a regulation establishing conditions of use for the
article, or that is an animal feed within the meaning of section 201(x) of such Act (21 U.S.C. 321(x))
bearing or containing a new animal drug. The term "pesticide" does not include liquid chemical sterilant
products (including any sterilant or subordinate disinfectant claims on such products) for use on a
critical or semi -critical device, as defined in section 201 of the Federal Food, Drug, and Cosmetic Act
(21 U.S.C. 321). For purposes of the preceding sentence, the term "critical device" includes any device
that introduced directly into the human body, either into or in contact with the bloodstream or normally
sterile areas of the body and the term "semi -critical device" includes any device that contacts intact
mucous membranes but which does not ordinarily penetrate the blood barrier or otherwise enter
normally sterile areas of the body. [FIFRA Section 2(u)]
The term "pesticide" applies to insecticides, herbicides, fungicides, rodenticides, and various other
substances used to control pests. The definition encompasses all uses of pesticides authorized under
FIFRA including uses authorized under sections 3 (registration), 5 (experimental use permits), 18
(emergency exemptions), 24(c) (special local needs registrations), and 25(b) (exemptions from FIFRA).
Note: drugs used to control diseases of humans or animals (such as livestock and pets) are not
considered pesticides; such drugs are regulated by the Food and Drug Administration. Fertilizers,
nutrients, and other substances used to promote plant survival and health are not considered plant growth
regulators and thus are not pesticides. Biological control agents, except for certain microorganisms, are
exempted from regulation under FIFRA. (Biological control agents include beneficial predators such as
birds or ladybugs that eat insect pests, parasitic wasps, fish, etc).
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This permit uses the term `pesticide" when referring to the `pesticide, as applied." When referring to
the chemical in the pesticide product with pesticidal qualities, the permit uses the term "active
ingredient."
Pesticide Product — a pesticide in the particular form (including composition, packaging, and labeling)
in which the pesticide is, or is intended to be, distributed or sold. The term includes any physical
apparatus used to deliver or apply the pesticide if distributed or sold with the pesticide.
Pesticide Research and Development — Activities undertaken on a systematic basis to gain new
knowledge (research) and/or the application of research findings or other scientific knowledge for the
creation of new or significantly improved products or processes (experimental development). These
types of activities are generally categorized under the four -digit code of 5417 under the 2007 NAICS.
Pesticide Residue — includes that portion of a pesticide application that is discharged from a point
source to waters of the State and no longer provides pesticidal benefits. It also includes any degradates
of the pesticide.
Point source — any discernible, confined, and discrete conveyance, including but not limited to any
pipe, ditch, channel, tunnel, conduit, well, discrete fissure, container, rolling stock, concentrated animal
feeding operation, landfill leachate collection system, vessel, or other floating craft from which
pollutants are or may be discharged. This term does not include return flows from irrigated agriculture
or agricultural stormwater runoff. [40 CFR 122.2]
Pollutant — dredged spoil, solid waste, incinerator residue, filter backwash, sewage, garbage, sewage
sludge, munitions, chemical wastes, biological materials, heat, wrecked or discarded equipment, rock,
sand, cellar dirt, and industrial, municipal, and agricultural waste discharged into water. For purposes of
this definition, a "biological pesticide" is considered a "biological material," and any "pesticide residue"
resulting from use of a "chemical pesticide" is considered a "chemical waste." [excerpted from 40 CFR
122.2]
Target Pest — the organism toward which pest control measures are being directed.
Tier 3 Waters — For antidegradation purposes, pursuant to 40 CFR 131.12(a)(3), Tier 3 waters are
identified by States, Territories, or Tribes as having high quality waters constituting an Outstanding
National Resource Water (ONRW), such as waters of National Parks and State Parks, wildlife refuges,
and waters of exceptional recreational or ecological significance. That high water quality shall be
maintained and protected.
Total Maximum Daily Loads (TMDLs) — A TMDL is a calculation of the maximum amount of a
pollutant that a water body can receive and still meet water quality standards, and an allocation of that
amount to the pollutant's sources. A TMDL includes wasteload allocations (WLAs) for point source
discharges; load allocations (LAs) for nonpoint sources and/or natural background, and must include a
margin of safety (MOS) and account for seasonal variations. [See section 303(d) of the Clean Water Act
and 40 CFR 130.2 and 130.7]
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Treatment Area — The area of land including any waters, or the linear distance along water's edge, to
which pesticides are being applied. Multiple treatment areas may be located within a single "pest
management area."
The "treatment area" includes the entire area, whether over land or water, where the pesticide
application is intended to provide pesticidal benefits. In some instances, the treatment area will be larger
than the area where pesticides are actually applied. For example, the treatment area for a stationary drip
treatment into a canal should be calculated by multiplying the width of the canal by the length over
which the pesticide is intended to control weeds. The treatment area for a lake or marine area is the
water surface area where the application is intended to provide pesticidal benefits.
Treatment area calculations for pesticide applications that occur "at water's edge", where the discharge
of pesticides directly to waters is unavoidable, are determined by the linear distance over which
pesticides are applied. Treating five miles of shoreline or coast would equal a five mile treatment area.
Waters of the State — Waters of the State [defined in NCGS 143-212 (6)] means:
Any stream, river, brook, swamp, lake, sound, tidal estuary, bay, creek, reservoir, waterway or other
body of water or accumulations of water whether surface or underground, public or private, or natural or
artificial, that is contained in, flows through, or borders upon any portion of this State, including any
portion of the Atlantic Ocean over which the State has jurisdiction.
Water Quality Impaired — See `Impaired Water'.
Water Quality Standards — A water quality standard defines the water quality goals of a water body, or
portion thereof, by designating the use or uses to be made of the water and by setting criteria necessary
to protect the uses. Water quality standards also include an antidegradation policy and implementation
procedures. See P.U.D. o. 1 of Jefferson County et al v. Wash Dept of Ecology et al, 511 US 701, 705
(1994). States, Territories, Tribes and EPA adopt water quality standards to protect public health or
welfare, enhance the quality of water and serve the purposes of the Clean Water Act (See CWA sections
101(a)2 and 303(c)). Where necessary, EPA has the authority to promulgate federal water quality
standards.
Wetlands - means those areas that are inundated or saturated by surface or groundwater at a frequency
and duration sufficient to support, and that under normal circumstances do support, a prevalence of
vegetation typically adapted for life in saturated soil conditions. Wetlands generally include swamps,
marshes, bogs, and similar areas. [40 CFR 122.2]
"You" and "Your" — as used in this permit are intended to refer to the applicator as the context
indicates and that party's activities or responsibilities.
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Appendix B
Standard Permit Conditions
Standard permit conditions in Appendix B generally are consistent with the permit provisions required
in 40 CFR 122.41 but are modified to reflect the nature of discharges covered under this general permit.
B.1 Duty to Comply.
You 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 for denial of a permit renewal application.
A. You must comply with effluent standards or prohibitions established under section 307(a) of the
Clean Water Act for toxic pollutants within the time provided in the regulations that establish
these standards, even if the permit has not yet been modified to incorporate the requirement.
B. Penalties for Violations of Permit Conditions: The Director will adjust the civil and
administrative penalties listed below in accordance with the Civil Monetary Penalty Inflation
Adjustment Rule (61 FR 252, December 31, 1996, pp. 69359-69366, as corrected in 62 FR 54,
March 20, 1997, pp.13514-13517) as mandated by the Debt Collection Improvement Act of 1996
for inflation on a periodic basis. This rule allows the Division's penalties to keep pace with
inflation. The Agency is required to review its penalties at least once every 4 years thereafter and
to adjust them as necessary for inflation according to a specified formula. The civil and
administrative penalties following were adjusted for inflation starting in 1996.
1. Criminal Penalties.
1.1 Negligent Violations. The CWA provides that any person who negligently violates permit
conditions implementing Sections 301, 302, 306, 307, 308, 318, or 405 of the Act is
subject to criminal penalties of not less than $2,500 nor more than $25,000 per day of
violation, or imprisonment of not more than one 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 two years, or both.
1.2. Knowing Violations. The CWA provides that any person who knowingly violates permit
conditions implementing Sections 301, 302, 306, 307, 308, 318, or 405 of the Act is
subject to a fine of not less than $5,000 nor more than $50,000 per day of violation, or by
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.
1.3 Knowing Endangerment. The CWA provides that any person who knowingly violates
permit conditions implementing Sections 301, 302, 306, 307, 308, 318, or 405 of the Act
and who knows at that time that he or she is placing 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 by 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
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years, or both. An organization, as defined in section 309(c)(3)(B)(iii) of the Act, shall,
upon conviction of violating the imminent danger provision be subject to a fine of not
more than $1,000,000 and can fined up to $2,000,000 for second or subsequent
convictions.
1.4. False Statement. 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,
or by imprisonment for not more than 2 years, or 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. The Act further 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 non-compliance shall, upon conviction, be
punished by a fine of not more than $10,000 per violation, or by imprisonment for not
more than 6 months per violation, or by both.
2. Civil Penalties. The CWA provides that any person who violates a permit condition
implementing Sections 301, 302, 306, 307, 308, 318, or 405 of the Act is subject to a civil
penalty not to exceed the maximum amounts authorized by Section 309(d) of the Act and the
Federal Civil Penalties Inflation Adjustment Act (28 U.S.C. § 2461 note) as amended by the
Debt Collection Improvement Act (31 U.S.C. § 3701 note) (currently $37,500 per day for each
violation).
3. Administrative Penalties. The CWA provides that any person who violates a permit condition
implementing Sections 301, 302, 306, 307, 308, 318, or 405 of the Act is subject to an
administrative penalty, as follows
3.1. Class I Penalty. Not to exceed the maximum amounts authorized by Section
309(g)(2)(A) of the Act and the Federal Civil Penalties Inflation Adjustment Act (28
U.S.C. § 2461 note) as amended by the Debt Collection Improvement Act (31 U.S.C. §
3701 note) (currently $11,000 per violation, with the maximum amount of any Class I
penalty assessed not to exceed $37,500).
3.2 Class II Penalty. Not to exceed the maximum amounts authorized by Section
309(g)(2)(B) of the Act and the Federal Civil Penalties Inflation Adjustment Act (28
U.S.C. § 2461 note) as amended by the Debt Collection Improvement Act (31 U.S.C. §
3701 note) (currently $11,000 per day for each day during which the violation continues,
with the maximum amount of any Class II penalty not to exceed $157,500).
B.2 Duty to Reapply.
Except as otherwise provided for in Part 1.2.4 of the permit, if you wish to continue an activity regulated
by this permit after the expiration date of this permit, you must apply for and obtain authorization as
required by the new permit once the Division issues it.
B.3 Need to Halt or Reduce Activity Not a Defense.
It shall not be a defense for you in an enforcement action that it would have been necessary to halt or
reduce the permitted activity in order to maintain compliance with the conditions of this permit.
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B.4 Duty to Mitigate.
You must take all reasonable steps to minimize or prevent any discharge in violation of this permit
which has a reasonable likelihood of adversely affecting human health or the environment.
B.5 Proper Operation and Maintenance.
You must at all times properly operate and maintain all facilities and systems of treatment and control
(and related appurtenances) which are installed or used by you 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 backup or
auxiliary facilities or similar systems which are installed by you only when the operation is necessary to
achieve compliance with the conditions of this permit.
B.6 Permit Actions.
This permit may be modified, revoked and reissued, or terminated for cause. Your filing of a request for
a permit modification, revocation and reissuance, or termination, or a notification of planned changes or
anticipated noncompliance does not stay any permit condition.
B.7 Property Rights.
This permit does not convey any property rights of any sort, or any exclusive privileges.
B.8 Duty to Provide Information.
You must furnish to the Division or an authorized representative (including an authorized contractor
acting as a representative of the Division), within a reasonable time, any information which the Division
may request to determine whether cause exists for modifying, revoking and reissuing, or terminating this
permit or to determine compliance with this permit. You must also furnish to the Division or an
authorized representative upon request, copies of records required to be kept by this permit.
B.9 Inspection and Entry.
You must allow the Division or an authorized representative (including an authorized contractor acting
as a representative of the Division), upon presentation of credentials and other documents as may be
required by law, to:
A. Enter upon your premises where a regulated 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.
B.10 Monitoring and Records.
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A. You must retain records of all reports required by this permit, and records of all data used to
complete the Notice of Intent for this permit, for a period of at least three years from the date the
permit expires or the date the applicator's authorization is terminated. This period may be
extended by request of the Division at any time.
[As written, this permit does not require most applicators to perform the type of sample collection and
monitoring described in the following sections of this appendix, B.10.B through B.10.F. However,
when required, the sample collection and monitoring requirements in B.10.B — B.10.F of this appendix
apply to those applicators that collect samples.]
B. Samples and measurements taken for the purpose of monitoring must be representative of the
volume and nature of the monitored activity.
C. You must retain records of all monitoring information, including all calibration and maintenance
records and all original strip chart recordings for continuous monitoring instrumentation, for a
period of at least three years from the date the permit expires or the date the applicator's
authorization is terminated. This period may be extended by request of the Division at any time.
D. Records of monitoring information must include:
1. The date, exact place, and time of sampling or measurements;
2. The individual(s) who performed the sampling or measurements;
3. The date(s) analyses were performed
4. The individual(s) who performed the analyses;
5. The analytical techniques or methods used; and
6. The results of such analyses.
E. Monitoring must be conducted according to test procedures approved under 40 CFR Part 136,
unless other test procedures have been specified in the permit.
F. 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, or by imprisonment for not
more than 2 years, or 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.
B.11 Signatory Requirements.
A. All applications, including NOIs, must be signed as follows:
1. For a corporation: By a responsible corporate officer. For the purpose of this subsection,
a responsible corporate officer means: (i) 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
(ii) 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 activity including having the explicit or implicit duty of
making major capital investment recommendations, and initiating and directing other
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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. For purposes of this subsection, a principal executive
officer of a federal agency includes (i) the chief executive officer of the agency, or (ii) a
senior executive officer having responsibility for the overall operations of a principal
geographic unit or the agency (e.g., Regional Administrator of EPA).
B. Your Pesticide Discharge Management Plan (PDMP), including changes to your PDMP to
document any corrective actions taken as required by Part 6, and all reports submitted to the
Division, must be signed by a person described in Appendix B, Subsection B.11.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 in Appendix B, Subsection
B.11.A;
2. The authorization specifies either an individual or a position having responsibility for the
overall operation of the regulated activity such as the position of superintendent, 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 signed and dated written authorization is included in the PDMP. A copy must be
submitted to the Division, if requested.
C. All other changes to your PDMP, and other compliance documentation required under this
permit, must be signed and dated by the person preparing the change or documentation.
D. Changes to Authorization. If an authorization under Appendix B, Subsection B.11.A is no longer
accurate because the application activities have been purchased by a different entity, a new NOI
satisfying the requirements of Subsection B.11.A must be submitted to the Division. However, if
the only change that is occurring is a change in contact information or a change in the
applicator's address, the applicator need only make a modification to the existing NOI submitted
for authorization.
E. Any person signing documents in accordance with Appendix B, Subsections B.11.A or B.11.B
above must include 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 gathered and evaluated the information contained therein. Based on my inquiry of the
person or persons who manage the system, or those persons directly responsible for gathering the
information, the information contained is, to the best of my knowledge and belief, true, accurate,
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and complete. I am aware that there are significant penalties for submitting false information,
including the possibility of fine and imprisonment for knowing violations."
F. 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 non-compliance shall, upon
conviction, be punished by a fine of not more than $10,000 per violation, or by imprisonment for
not more than 6 months per violation, or by both.
B.12 Reporting Requirements.
A. Anticipated noncompliance. You must give advance notice to the Division of any planned
changes in the permitted activity which may result in noncompliance with permit requirements.
B. Transfers. This permit is not transferable to any person except after notice to the Division. Where
an applicator wants to transfer coverage under the permit to a new applicator, the original
permittee (the first applicator) must submit a Notice of Termination pursuant to Part 1.2.5. The
new applicator must submit a Notice of Intent in accordance with Part 1.2. See also requirements
in Appendix B, Subsections B.11.B and B.11.D.
C. Pesticide Monitoring Reports. This permit does not require applicators to report monitoring
results on a routine basis; however, the Division may, pursuant to Part 1.2.3, require certain
applicators to monitor and report such results.
1. When required, monitoring data must be submitted on a Discharge Monitoring Report
(DMR) form, available at www.epa.gov/npdes, and submitted to the Division at the
appropriate Regional address identified in Part 9.2.
2. If you monitor any pollutant more frequently than required using test procedures
approved under 40 CFR Part 136 or as otherwise specified by the Division, the results of
this monitoring must be included in the calculation and reporting of the data submitted to
the Division.
3. Calculations for all limitations which require averaging of measurements must use an
arithmetic mean unless otherwise specified by the Division.
D. Compliance schedules. Reports of compliance or noncompliance with, or any progress reports
on, interim and final requirements contained in any compliance schedule of this permit must be
submitted no later than 14 days following each schedule date.
E. Twenty-four hour reporting.
1. In addition to adverse incident and spill reporting requirements in Parts 6.4 and 6.5,
respectively, you must report any noncompliance which may endanger health or the
environment. Any information must be provided orally within 24 hours from the time you
become aware of the circumstances. A written submission must also be provided within
five days of the time you become aware of the circumstances. The written submission
must 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.
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2. For purposes of this permit, you must submit a 24-hour report under this section for any
upset, as defined in Appendix B, Subsection B.13, which exceeds any effluent limitation
in the permit.
3. the Division may waive the written report on a case -by -case basis for reports under
Appendix B, Subsection B.12.E.2 if the oral report has been received within 24 hours.
F. Other noncompliance. You must report all instances of noncompliance not reported under
Appendix B, Subsections 12.A, 12.D, and 12.E, at the time any applicable annual or monitoring
reports are submitted. The reports must contain the information listed in Appendix B, Subsection
12.E.1.
G. Other information. Where you become aware that you failed to submit any relevant facts in a
permit application, or submitted incorrect information in a permit application or in any report to
the Permitting Authority, you must promptly submit such facts or information.
B.13 Upset.
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 your
reasonable control. An upset does not include noncompliance to the extent caused by operational
error, improperly designed treatment facilities, inadequate treatment facilities, lack of preventive
maintenance, or careless or improper operation. See 40 CFR 122.41(n)(1).
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
Appendix B, Subsection B.13.0 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. See 40 CFR 122.41(n)(2).
C. Conditions necessary for a demonstration of upset. See 40 CFR 122.41(n)(3). An applicator who
wishes to establish the affirmative defense of upset must demonstrate, through properly signed,
contemporaneous operating logs, or other relevant evidence that:
1. An upset occurred and that you can identify the cause(s) of the upset;
2. The permitted activity was at the time being properly operated; and
3. You submitted notice of the upset as required in Appendix B, Subsection B.12.E.2 (24
hour notice).
4. You complied with any remedial measures required under Appendix B, Subsection B.4.
D. Burden of proof. In any enforcement proceeding, you, as the one seeking to establish the
occurrence of an upset, have the burden of proof. See 40 CFR 122.41(n)(4).
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PART II
STANDARD CONDITIONS FOR NPDES PERMITS
Section A. Definitions
2/Month
Samples are collected twice per month with at least ten calendar days between sampling events. These samples shall be
representative of the wastewater discharged during the sample period.
3/Week
Samples are collected three times per week on three separate calendar days. These samples shall be representative of
the wastewater discharged during the sample period.
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.
Annual Average
The arithmetic mean of all "daily discharges" of a pollutant measured during the calendar year. In the case of fecal
coliform, the geometric mean of such discharges.
Arithmetic Mean
The summation of the individual values divided by the number of individual values.
Bypass
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.
Calendar Day
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.
Calendar Week
The period from Sunday through the following Saturday.
Calendar Quarter
One of the following distinct periods: January through March, April through June, July through September, and
October through December.
Composite Sample
A sample collected over a 24-hour period by continuous sampling or combining grab samples of at least 100 mL in
such a manner as to result in a total sample representative of the wastewater discharge during the sample period. The
Director may designate the most appropriate method (specific number and size of aliquots necessary, the time interval
between grab samples, etc.) on a case -by -case basis. Samples may be collected manually or automatically. Composite
samples may be obtained by the following methods:
(1) Continuous: a single, continuous sample collected over a 24-hour period proportional to the rate of flow.
(2) Constant time/variable volume: 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
(3) Variable time/constant volume: 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
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preset gallon interval between sample collection fixed at no greater than 1/24 of the expected total daily flow at
the treatment system, or
(4) Constant time/constant volume: a series of grab samples of equal volume collected over a 24-hour period at a
constant time interval. Use of this method requires prior approval by the Director. This method may only be
used in situations where effluent flow rates vary less than 15 percent. The following restrictions also apply:
➢ Influent and effluent grab samples shall be of equal size and of no less than 100 milliliters
➢ Influent samples shall not be collected more than once per hour.
➢ Permittees with wastewater treatment systems whose detention time < 24 hours shall collect effluent grab
samples at intervals of no greater than 20 minutes apart during any 24-hour period.
➢ Permittees with wastewater treatment systems whose detention time exceeds 24 hours shall collect effluent
grab samples at least every six hours; there must be a minimum of four samples during a 24-hour sampling
period.
Continuous flow measurement
Flow monitoring that occurs 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.
Daily Discharge
The discharge of a pollutant measured during a calendar day or any 24-hour period that reasonably represents the
calendar day for purposes of sampling. For pollutants measured in units of mass, the "daily discharge" is calculated as
the total mass of the pollutant discharged over the day. For pollutants expressed in other units of measurement, the
"daily discharge" is calculated as the average measurement of the pollutant over the day. (40 CFR 122.2; see also
"Composite Sample," above.)
Daily Maximum
The highest "daily discharge" during the calendar month.
Daily Sampling
Parameters requiring daily sampling shall be sampled 5 out of every 7 days per week unless otherwise specified in the
permit. Sampling shall be conducted on weekdays except where holidays or other disruptions of normal operations
prevent weekday sampling. If sampling is required for all seven days of the week for any permit parameter(s), that
requirement will be so noted on the Effluent Limitations and Monitoring Page(s).
DWR or "the Division"
The Division of Water Resources, Department of Environmental Quality.
Effluent
Wastewater discharged following all treatment processes from a water pollution control facility or other point source
whether treated or untreated.
EMC
The North Carolina Environmental Management Commission
EPA
The United States Environmental Protection Agency
Facility Closure
Cessation of all activities that require coverage under this NPDES permit. Completion of facility closure will allow this
permit to be rescinded.
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Geometric Mean
The Nth root of the product of the individual values where N = the number of individual values. For purposes of
calculating the geometric mean, values of "0" (or "< [detection level]") shall be considered = 1.
Grab Sample
Individual samples of at least 100 mL collected over a period of time not exceeding 15 minutes. Grab samples can be
collected manually. Grab samples must be representative of the discharge (or the receiving stream, for instream
samples).
Hazardous Substance
Any substance designated under 40 CFR Part 116 pursuant to Section 311 of the CWA.
Instantaneous flow measurement
The flow measured during the minimum time required for the flow measuring device or method to produce a result in
that instance. To the extent practical, instantaneous flow measurements coincide with the collection of any grab
samples required for the same sampling period so that together the samples and flow are representative of the discharge
during that sampling period.
Monthly Average (concentration limit)
The arithmetic mean of all "daily discharges" of a pollutant measured during the calendar month. In the case of fecal
coliform or other bacterial parameters or indicators, the geometric mean of such discharges.
Permit Issuing Authority
The Director of the Division of Water Resources.
Quarterly Average (concentration limit)
The arithmetic mean of all samples taken over a calendar quarter.
Severe property damage
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 excludes economic loss caused by delays in production.
Toxic Pollutant:
Any pollutant listed as toxic under Section 307(a)(1) of the CWA.
Upset
An incident beyond the reasonable control of the Permittee causing unintentional and temporary noncompliance with
permit effluent limitations and/or monitoring requirements. An upset does not include noncompliance caused by
operational error, improperly designed treatment facilities, inadequate treatment facilities, lack of preventive
maintenance, or careless or improper operation.
Weekly Average (concentration limit)
The arithmetic mean of all "daily discharges" of a pollutant measured during the calendar week. In the case of fecal
coliform or other bacterial parameters or indicators, the geometric mean of such discharges.
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Section B. 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 143215.75
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.
11. Signatory Requirements
All applications, reports, or information submitted to the Permit Issuing Authority shall be signed and certified [40
CFR 122.41(k)].
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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
The written authorization is submitted to the Permit Issuing Authority [40 CFR 122.22]
(3)
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:
"1 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)].
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.
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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 C. Operation and Maintenance of Pollution Controls
1. Certified Operator
Owners of classified water pollution control systems must designate operators, certified by the Water Pollution
Control System Operators Certification Commission (WPCSOCC), of the appropriate type and grade for the
system, and, for each classification must [T15A NCAC 08G .0201]:
a. designate one Operator In Responsible Charge (ORC) who possesses a valid certificate of the type and grade at
least equivalent to the type and grade of the system;
b. designate one or more Back-up Operator(s) in Responsible Charge (Back-up ORCs) who possesses a valid
certificate of the type of the system and no more than one grade less than the grade of the system, with the
exception of no backup operator in responsible charge is required for systems whose minimum visitation
requirements are twice per year; and
c. submit a signed completed "Water Pollution Control System Operator Designation Form" to the Commission
(or to the local health department for owners of subsurface systems) countersigned by the designated certified
operators, designating the Operator in Responsible Charge (ORC) and the Back-up Operator in Responsible
Charge (Back-up ORC):
(1) 60 calendar days prior to wastewater or residuals being introduced into a new system; or
(2) within 120 calendar days following:
➢ receiving notification of a change in the classification of the system requiring the designation of a new
Operator in Responsible Charge (ORC) and Back-up Operator in Responsible Charge (Back-up ORC)
of the proper type and grade; or
➢ a vacancy in the position of Operator in Responsible Charge (ORC) or Back-up Operator in
Responsible Charge (Back-up ORC).
(3) within seven calendar days of vacancies in both ORC and Back-up ORC positions replacing or designating
at least one of the responsibilities.
The ORC of each Class I facility (or the Back-up ORC, when acting as surrogate for the ORC) must:
➢ Visit the facility as often as is necessary to insure proper operation of the treatment system; the
treatment facility must be visited at least weekly
➢ Comply with all other conditions of 15A NCAC 08G .0204.
The ORC of each Class II, III and IV facility (or the Back-up ORC, when acting as surrogate for the ORC) must:
➢ Visit the facility as often as is necessary to insure proper operation of the treatment system; the
treatment facility must be visited at least five days per week, excluding holidays
➢ Properly manage and document daily operation and maintenance of the facility
➢ Comply with all other conditions of 15A NCAC 08G .0204.
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 Permittee to install and operate backup or auxiliary facilities only
when necessary to achieve compliance with the conditions of the permit [40 CFR 122.41(e)].
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NOTE: Properly and officially designated operators are fully responsible for all proper operation and maintenance
of the facility, and all documentation required thereof, whether acting as a contract operator [subcontractor] or a
member of the Permittee's staff.
3. Need to Halt or Reduce not a Defense
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 [40 CFR 122.41(c)].
4. Bypassing of Treatment Facilities
a. Bypass not exceeding limitations [40 CFR 122.41(m)(2)]
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 b. and c. of this section.
b. Notice [40 CFR 122.41(m)(3)]
(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 effect of the bypass.
(2) Unanticipated bypass. The Permittee shall submit notice of an unanticipated bypass as required in Part
II.E.6. (24-hour notice).
c. Prohibition of Bypass
(1) Bypass from the treatment facility 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 b. of this section.
(2) Bypass from the collection system is prohibited and the Permit Issuing Authority may take
enforcement action against a Permittee for a bypass as provided in any current or future system -wide
collection system permit associated with the treatment facility.
(3) The Permit Issuing Authority may approve an anticipated bypass, after considering its adverse effects,
if the Permit Issuing Authority determines that it will meet the three conditions listed above in
Paragraph c. (1) of this section.
5. Upsets
a. Effect of an upset [40 CFR 122.41(n)(2)]: An upset constitutes an affirmative defense to an action brought for
noncompliance with such technology -based permit effluent limitations if the requirements of paragraph b. 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.
b. Conditions necessary for a demonstration of upset: Any 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.E.6. (b) of this permit.
(4) The Permittee complied with any remedial measures required under Part II.B.2. of this permit.
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c. Burden of proof [40 CFR 122.41(n)(4)]: The Permittee seeking to establish the occurrence of an upset has
the burden of proof in any enforcement proceeding.
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 mariner such as to prevent any pollutant
from such materials from entering waters of the State or navigable waters of the United States except as permitted
by the Commission. The Permittee shall comply with all applicable state and Federal regulations governing the
disposal of sewage sludge, including 40 CFR 503, Standards for the Use and Disposal of Sewage Sludge; 40 CFR
Part 258, Criteria For Municipal Solid Waste Landfills; and 15A NCAC Subchapter 2T, Waste Not Discharged To
Surface Waters. 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 15A NCAC 02H .0124) 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 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.
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Once -through condenser cooling water flow monitored by pump logs, or pump hour meters as specified in Part I of
this permit and based on the manufacturer's pump curves shall not be subject to this requirement.
4. Test Procedures
Laboratories used for sample analysis must be certified by the Division. Permittees should contact the Division's
Laboratory Certification Section (919 733-3908) or visit https://deq.nc.gov/about/divisions/water-
resources/waterresources-data/water-sciences-home-page/laboratory-certification-branch for information regarding
laboratory certifications.
Facilities whose personnel are conducting testing of field -certified parameters only must hold the appropriate field
parameter laboratory certifications.
Test procedures for the analysis of pollutants shall conform to the EMC regulations (published pursuant to NCGS
143-215.63 et. seq.), the Water and Air Quality Reporting Acts, and to regulations published pursuant to Section
304(g), 33 USC 1314, of the CWA (as amended), and 40 CFR 136; or in the case of sludge use or disposal,
approved under 40 CFR 136, unless otherwise specified in 40 CFR 503, unless other test procedures have been
specified in this permit [40 CFR 122.41].
To meet the intent of the monitoring required by this permit, all test procedures must produce minimum detection
and reporting levels that are below the permit discharge requirements and all data generated must be reported down
to the minimum detection or lower reporting level of the procedure. If no approved methods are determined
capable of achieving minimum detection and reporting levels below permit discharge requirements, then the most
sensitive (method with the lowest possible detection and reporting level) approved method must be used.
5. Penalties for Tampering
The CWA provides that any person who falsifies, tampers with, or knowingly renders inaccurate, any monitoring
device or method required to be maintained under this permit shall, upon conviction, be punished by a fine of not
more than $10,000 per violation, or by imprisonment for not more than two years per violation, or by both. If a
conviction of a person is for a violation committed after a first conviction of such person under this paragraph,
punishment is a fine of not more than $20,000 per day of violation, or by imprisonment of not more than 4 years, or
both [40 CFR 122.41].
6. Records Retention
Except for records of monitoring information required by this permit related to the Permittee's sewage sludge use
and disposal activities, which shall be retained for a period of at least five years (or longer as required by 40 CFR
503), the Permittee shall retain records of all monitoring information, including:
➢ all calibration and maintenance records
➢ all original strip chart recordings for continuous monitoring instrumentation
➢ copies of all reports required by this permit
➢ copies of all data used to complete the application for this permit
These records or copies shall be maintained for a period of at least 3 years from the date of the sample,
measurement, report or application. This period may be extended by request of the Director at any time [40 CFR
122.41].
7. Recording Results
For each measurement or sample taken pursuant to the requirements of this permit, the Permittee shall record the
following information [40 CFR 122.41]:
a. The date, exact place, and time of sampling or measurements;
b. The individual(s) who performed the sampling or measurements;
c. The date(s) analyses were performed;
d. The individual(s) who performed the analyses;
e. The analytical techniques or methods used; and
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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, 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] 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
143215.1(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 primarily collect or treat municipal or domestic wastewater and have
an average annual flow greater than 200,000 gallons per day 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
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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.
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.
c.
Section B. Groundwater Monitoring
The Permittee shall, upon written notice from the Director, conduct groundwater monitoring as may be required to
determine the compliance of this NPDES permitted facility with the current groundwater standards.
Section 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 (40 CFR 122.42):
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 µg/L);
(2) Two hundred micrograms per liter (200 µg/L) for acrolein and acrylonitrile; five hundred micrograms per
liter (500 µg/L) for 2,4-dinitrophenol and for 2-methyl-4,6-dinitrophenol; and one milligram per liter (1
mg/L) for antimony;
(3) Five 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 µg/L);
(2) One milligram per liter (1 mg/L) for antimony;
(3) Ten times the maximum concentration value reported for that pollutant in the permit application.
Section D. Facility Closure Requirements
The Permittee must notify the Division at least 90 days prior to the closure of any wastewater treatment system covered
by this permit. The Division may require specific measures during deactivation of the system to prevent adverse
impacts to waters of the State. This permit cannot be rescinded while any activities requiring this permit continue at the
permitted facility.
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PART IV
SPECIAL CONDITIONS FOR MUNICIPAL FACILITIES
Section A. Definitions
In addition to the definitions in Part II of this permit, the following definitions apply to municipal facilities:
Indirect Discharge or Industrial User
Any non -domestic source that discharges wastewater containing pollutants into a POTW regulated under section
307(b), (c) or (d) of the CWA. [40 CFR 403.3 (i) and (j) and 15A NCAC 02H .0903(b)(11)]
Interference
Inhibition or disruption of the POTW treatment processes; operations; or its sludge process, use, or disposal which
causes or contributes to a violation of any requirement of the Permittee's (or any satellite POTW's if different from the
Permittee) NPDES, collection system, or non -discharge permit or prevents sewage sludge use or disposal in
compliance with specified applicable State and Federal statutes, regulations, or permits. [15A NCAC 02H
.0903(b)(14)]
Pass Through
A discharge which exits the POTW into waters of the State in quantities or concentrations which, alone or with
discharges from other sources, causes a violation, including an increase in the magnitude or duration of a violation, of
the Permittee's (or any satellite POTW's, if different from the Permittee) NPDES, collection system, or non -discharge
permit. [15A NCAC 02H .0903(b)(23)]
Publicly Owned Treatment Works (POTW)
A treatment works as defined by Section 212 of the CWA, which is owned by a State or local government organization.
This definition includes any devices and systems used in the storage, treatment, recycling and reclamation of municipal
sewage or industrial wastes of a liquid nature. It also includes the collection system, as defined in 15A NCAC 2T
.0402, only if it conveys wastewater to a POTW treatment plant. The term also means the local government
organization, or municipality, as defined in section 502(4) of the CWA, which has jurisdiction over indirect discharges
to and the discharges from such a treatment works. In this context, the organization may be the owner of the POTW
treatment plant or the owner of the collection system into which an indirect discharger discharges. This second type of
POTW may be referred to as a "satellite POTW organization." [15A NCAC 02H .0903(b)(26)]
"Significant Industrial User" or "SIU"
An Industrial User that discharges wastewater into a publicly owned treatment works and that [15A NCAC 02H
.0903(b)(33)]:
1. Discharges an average of 25,000 gallons per day or more of process wastewater to the POTW (excluding sanitary,
noncontact cooling and boiler blowdown wastewaters); or
2. Contributes process wastewater which makes up five percent or more of the NPDES or non -discharge permitted
flow limit or organic capacity of the POTW treatment plant. In this context, organic capacity refers to BOD, TSS
and ammonia; or
3. Is subject to categorical standards under 40 CFR Part 403.6 and 40 CFR Parts 405-471; or
4. Is designated as such by the Permittee on the basis that the Industrial User has a reasonable potential for adversely
affecting the POTW's operation or for violating any pretreatment standard or requirement, or the POTW's effluent
limitations and conditions in its NPDES or non -discharge permit, or to limit the POTW's sludge disposal options;
5. Subject to approval under 15A NCAC 02H .0907(b), the Permittee may determine that an Industrial User meeting
the criteria in paragraphs 1 or 2 of this definition above has no reasonable potential for adversely affecting the
POTW's operation or for violating any pretreatment standard or requirement, the POTW's effluent limitations and
conditions in its NPDES or non -discharge permit, or to limit the POTW's sludge disposal options, and thus is not a
Significant Industrial User (SIU); or
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2. Prohibited Discharges
a. The Permittee shall develop and enforce their Pretreatment Program to implement the prohibition against the
introduction of pollutants or discharges into the waste treatment system or waste collection system which
cause or contribute to Pass Through or Interference as defined in 15A NCAC 02H .0900 and 40 CFR 403. [40
CFR 403.5(a)(1)]
b. The Permittee shall develop and enforce their Pretreatment Program to implement the prohibitions against the
introduction of the following wastes in the waste treatment or waste collection system [40 CFR 403.5(b)]:
(1) Pollutants which create a fire or explosion hazard in the POTW, including, but not limited to,
wastestreams with a closed cup flashpoint of less than 140 degrees Fahrenheit or 60 degrees Centigrade
using the test methods specified in 40 CFR 261.21;
(2) Pollutants which cause corrosive structural damage to the POTW, but in no case discharges with pH lower
than 5.0, unless the works is specifically designed to accommodate such discharges;
Solid or viscous pollutants in amounts which cause obstruction to the flow in the POTW resulting in
Interference;
(4) Any pollutant, including oxygen demanding pollutants (BOD, etc.) released in a Discharge at a flow rate
and/or pollutant concentration which will cause Interference with the POTW;
Heat in amounts which will inhibit biological activity in the POTW resulting in Interference, but in no
case heat in such quantities that the temperature at the POTW Treatment Plant exceeds 40°C (104°F)
unless the Division, upon request of the POTW, approves alternate temperature limits;
(6) Petroleum oil, non -biodegradable cutting oil, or products of mineral oil origin in amounts that will cause
Interference or Pass Through;
Pollutants which result in the presence of toxic gases, vapors, or fumes within the POTW in a quantity that
may cause acute worker health and safety problems; or
(8) Any trucked or hauled pollutants, except at discharge points designated by the POTW.
6. Subject to approval under 15A NCAC 02H .0907(b), the Permittee may determine that an Industrial User meeting
the criteria in paragraph 3 of this definition above meets the requirements of 40 CFR Part 403.3(v)(2) and thus is a
non -significant categorical Industrial User.
Section B. Publicly Owned Treatment Works (POTWs)
All POTWs must provide adequate notice to the Director of the following [40 CFR 122.42(b)]:
1. Any new introduction of pollutants into the POTW from an indirect discharger, regardless of the means of
transport, which would be subject to section 301 or 306 of CWA if it were directly discharging those pollutants;
and
2. Any substantial change in the volume or character of pollutants being introduced by an indirect discharger as
influent to that POTW at the time of issuance of the permit.
3. For purposes of this paragraph, adequate notice shall include information on (1) the quality and quantity of effluent
introduced into the POTW, and (2) any anticipated impact that may result from the change of the quantity or
quality of effluent to be discharged from the POTW.
Section C. Municipal Control of Pollutants from Industrial Users.
1. Effluent limitations are listed in Part I of this permit. Other pollutants attributable to inputs from Industrial Users
discharging to the POTW may be present in the Permittee's discharge. At such time as sufficient information
becomes available to establish limitations for such pollutants, this permit may be revised to specify effluent
limitations for any or all of such other pollutants in accordance with best practicable technology or water quality
standards.
(3)
(5)
(7)
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c. The Permittee shall investigate the source of all discharges into the POTW, including slug loads and other
unusual discharges, which have the potential to adversely impact the Permittee's Pretreatment Program and/or
the operation of the POTW.
The Permittee shall report such discharges into the POTW to the Director or the appropriate Regional Office.
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 discharge; the
investigation into possible sources; the period of the discharge, including exact dates and times; if the
discharge has not ceased, the anticipated time it is expected to continue; and steps taken or planned to reduce,
eliminate, and prevent reoccurrence of the noncompliance,
3. With regard to the effluent requirements listed in Part I of this permit, it may be necessary for the Permittee to
supplement the requirements of the Federal Pretreatment Standards (40 CFR, Part 403) to ensure compliance by
the Permittee with all applicable effluent limitations. Such actions by the Permittee may be necessary regarding
some or all of the industries discharging to the municipal system.
4. The Permittee shall require any Industrial User (IU) discharging to the POTW to meet Federal Pretreatment
Standards developed under Section 307(b) of the Act as amended (which includes categorical standards and
specific local limits, best management practices and narrative requirements). Prior to accepting wastewater from
any Significant Industrial User (SIU), the Permittee shall either develop and submit to the Division a new
Pretreatment Program or, as necessary, a modification of an existing Pretreatment Program, for approval as
required under section D below as well as 15A NCAC 02H .0907(a) and (b). [40 CFR 122.44(j)(2)]
5. This permit shall be modified, or alternatively, revoked and reissued, to incorporate or modify an approved POTW
Pretreatment Program or to include a compliance schedule for the development of a POTW Pretreatment Program
as required under Section 402 (b)(8) of the CWA and implementing regulations or by the requirements of the
approved State pretreatment program, as appropriate.
Section D. Pretreatment Programs
Under authority of sections 307 (b) and (c) and 402(b)(8) of the CWA and implementing regulations 40 CFR 403,
North Carolina General Statute 143-215.3(14) and implementing regulations 15A NCAC 02H .0900, and in accordance
with the approved pretreatment program, all provisions and regulations contained and referenced in the pretreatment
program submittal are an enforceable part of this permit. [40 CFR 122.44(j)(2)]
The Permittee shall operate its approved pretreatment program in accordance with Section 402(b)(8) of the CWA, 40
CFR 403, 15A NCAC 02H .0900, and the legal authorities, policies, procedures, and financial provisions contained in
its pretreatment program submission and Division approved modifications thereof. Such operation shall include but is
not limited to the implementation of the following conditions and requirements. Terms not defined in Part II or Part IV
of this permit are as defined in 15A NCAC 02H .0903 and 40 CFR 403.3.
1. Sewer Use Ordinance (SUO)
The Permittee shall maintain adequate legal authority to implement its approved pretreatment program. [15A
NCAC 02H .0903(b)(32), .0905 and .0906(b)(1); 40 CFR 403.8(f)(1) and 403.9(b)(1) and (2)]
2. Industrial Waste Survey (IWS)
The Permittee shall implement an IWS consisting of the survey of users of the POTW collection system or
treatment plant, as required by 40 CFR 403.8(f)(2)(i-iii) and 15A NCAC 02H .0905 [also 40 CFR 122.44(j)(1)],
including identification of all Industrial Users that may have an impact on the POTW and the character and amount
of pollutants contributed to the POTW by these Industrial Users and identification of those Industrial Users
meeting the definition of SIU. Where the Permittee accepts wastewater from one or more satellite POTWs, the
IWS for the Permittee shall address all satellite POTW services areas, unless the pretreatment program in those
satellite service areas is administered by a separate Permittee with an approved Pretreatment Program. The
Permittee shall submit a summary of its IWS activities to the Division at least once every five years, and as
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required by the Division. The IWS submission shall include a summary of any investigations conducted under
paragraph C.2.c. of this Part. [15A NCAC 02H .0903(b)(13), .0905 and .0906(b)(2); 40 CFR 403.8(f)(2) and 403.9]
3. Monitoring Plan
The Permittee shall implement a Division -approved Monitoring Plan for the collection of facility specific data to be
used in a wastewater treatment plant Headworks Analysis (HWA) for the development of specific pretreatment
local limits. Effluent data from the Plan shall be reported on the DMRs (as required by Parts II.D and II.E.5.). [15A
NCAC 02H .0903(b)(16), .0906(b)(3) and .0905]
4. Headworks Analysis (HWA) and Local Limits
The Permittee shall obtain Division approval of a HWA at least once every five years, and as required by the
Division. Within 180 days of the effective date of this permit (or any subsequent permit modification) the
Permittee shall submit to the Division a written technical evaluation of the need to revise local limits (i.e., an
updated HWA or documentation of why one is not needed) [40 CFR 122.44]. The Permittee shall develop, in
accordance with 40 CFR 403.5(c) and 15A NCAC 02H .0909, specific Local Limits to implement the prohibitions
listed in 40 CFR 403.5(a) and (b) and 15A NCAC 02H .0909. Pursuant to 40 CFR 403.5, local limits are
enforceable Pretreatment Standards as defined by 40 CFR 403.3(1). [15A NCAC 02H .0903(b)(10), .0905, and
.0906(b)(4)]
5. Industrial User Pretreatment Permits (IUP) & Allocation Tables
In accordance with NCGS 143-215.1, the Permittee shall issue to all Significant Industrial Users, permits for
operation of pretreatment equipment and discharge to the Permittee's collection system or treatment works. These
permits shall contain limitations, sampling protocols, reporting requirements, appropriate standard and special
conditions, and compliance schedules as necessary for the installation of treatment and control technologies to
assure that their wastewater discharge will meet all applicable pretreatment standards and requirements. The
Permittee shall maintain a current Allocation Table (AT) which summarizes the results of the HWA and the limits
from all IUPs. Permitted IUP loadings for each parameter cannot exceed the treatment capacity of the POTW as
determined by the HWA. [15A NCAC 02H .0906(b)(6), .0909, .0916, and .0917; 40 CFR 403.5, 403.8(f)(1)(iii);
NCGS 143-215.67(a)]
6. Authorization to Construct (AtC)
The Permittee shall ensure that an Authorization to Construct permit (AtC) is issued to all applicable Industrial
Users for the construction or modification of any pretreatment facility. Prior to the issuance of an AtC, the
proposed pretreatment facility and treatment process must be evaluated for its capacity to comply with all
Industrial User Pretreatment Permit (IUP) limitations. [15A NCAC 02H .0906(b)(7) and .0905; NCGS
143215.1(a)(8)]
7. POTW Inspection & Monitoring of their IUs
The Permittee shall conduct inspection, surveillance, and monitoring activities as described in its Division
approved pretreatment program in order to determine, independent of information supplied by Industrial Users,
compliance with applicable pretreatment standards. [15A NCAC 02H .0908(e); 40 CFR 403.8(f)(2)(v)] The
Permittee must:
a. Inspect all Significant Industrial Users (SIUs) at least once per calendar year;
b. Sample all Significant Industrial Users (SIUs) at least once per calendar year for all SIU permit -limited
parameters including flow except as allowed under 15A NCAC .0908(e); and
c. At least once per year, document an evaluation of any non -significant categorical Industrial User for
compliance with the requirements in 40 CFR 403.3(v)(2), and either continue or revoke the designation as
nonsignificant.
8. IU Self Monitoring and Reporting
The Permittee shall require all Industrial Users to comply with the applicable monitoring and reporting
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requirements outlined in the Division -approved pretreatment program, the industry's pretreatment permit, or in 15A
NCAC 02H .0908. [15A NCAC 02H .0906(b)(5) and .0905; 40 CFR 403.8(f)(1)(v) and (2)(iii); 40 CFR
122.44(j)(2) and 40 CFR 403.12]
9. Enforcement Response Plan (ERP)
The Permittee shall enforce and obtain appropriate remedies for violations of all pretreatment standards
promulgated pursuant to section 307(b) and (c) of the CWA (40 CFR 405 et. seq.), prohibitive discharge standards
as set forth in 40 CFR 403.5 and 15A NCAC 02H .0909, specific local limitations, and other pretreatment
requirements. All remedies, enforcement actions and other, shall be consistent with the Enforcement Response Plan
(ERP) approved by the Division. [15A NCAC 02H .0903(b)(7), .0906(b)(8) and .0905; 40 CFR 403.8(f)(5)]
10. Pretreatment Annual Reports (PAR)
The Permittee shall report to the Division in accordance with 15A NCAC 02H .0908. In lieu of submitting annual
reports, Modified Pretreatment Programs developed under 15A NCAC 02H .0904 (b) may be required to submit a
partial annual report or to meet with Division personnel periodically to discuss enforcement of pretreatment
requirements and other pretreatment implementation issues.
For all other active pretreatment programs, the Permittee shall submit two copies of a Pretreatment Annual Report
(PAR) describing its pretreatment activities over the previous calendar year to the Division at the following
address:
NC DEQ / Division of Water Resources / Water Quality Permitting Section
Pretreatment, Emergency Response, and Collection Systems (PERCS) Unit
1617 Mail Service Center
Raleigh, North Carolina 27699-1617
These reports shall be submitted by March 1 of each year and shall contain the following:
a. Narrative
A narrative summary detailing actions taken, or proposed, by the Permittee to correct
significant noncompliance and to ensure compliance with pretreatment requirements;
b. Pretreatment Program Summary (PPS)
A pretreatment program summary (PPS) on forms or in a format provided by the Division;
c. Significant Non -Compliance Report (SNCR)
A list of Industrial Users (IUs) in significant noncompliance (SNC) with pretreatment requirements, and the
nature of the violations on forms or in a format provided by the Division;
d. Industrial Data Summary Forms (IDSF)
Monitoring data from samples collected by both the POTW and the Significant Industrial Users (SIUs). These
analytical results must be reported on Industrial Data Summary Forms (IDSF) or on other forms or in a format
provided by the Division;
e. Other Information
Copies of the POTW's allocation table, new or modified enforcement compliance schedules, public notice of
IUs in SNC, a summary of data or other information related to significant noncompliance determinations for
IUs that are not considered SIUs, and any other information, upon request, which in the opinion of the Director
is needed to determine compliance with the pretreatment implementation requirements of this permit;
11. Public Notice
The Permittee shall publish annually a list of Industrial Users (IUs) that were in significant noncompliance (SNC)
as defined in the Permittee's Division -approved Sewer Use Ordinance with applicable pretreatment requirements
and standards during the previous twelve-month period. This list shall be published within four months of the
applicable twelve-month period. [15A NCAC 02H .0903(b)(34), .0908(b)(5) and .0905 and 40 CFR
403.8(f)(2)(viii)]
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12. Record Keeping
The Permittee shall retain for a minimum of three years records of monitoring activities and results, along with
support information including general records, water quality records, and records of industrial impact on the
POTW and shall retain all other Pretreatment Program records as required by 15A NCAC 02H .0908(f). [15A
NCAC 02H .0908(0; 40 CFR 403.12(o)]
13. Pretreatment Program Resources
The Permittee shall maintain adequate funding and qualified personnel to accomplish the objectives of its approved
pretreatment program. and retain a written description of those current levels of inspection. [15A NCAC 02H
.0906(b)(9) and (10) and .0905; 40 CFR 403.8(0(3), 403.9(b)(3)]
14. Modification to Pretreatment Programs
Modifications to the approved pretreatment program including but not limited to local limits modifications, POTW
monitoring of their Significant Industrial Users (SIUs), and Monitoring Plan modifications, shall be considered a
permit modification and shall be governed by 40 CFR 403.18, 15 NCAC 02H .0114 and 15A NCAC 02H .0907.
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