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HomeMy WebLinkAboutNC0004243_Permit (Issuance)_19980609State of North Carolina �n `am"'°a Department of Natural Resources and Community Development Division of Environmental Management 512 North Salisbury Street e Raleigh, North Carolina 27611 James G. Martin, Governor S. Thomas Rhodes, Secretary; Mr. Jerry W. Sisk American Thread'Company PO Box 880 Old Fort, NC 28762 Dear Mr. Sisk: June 9, 1988 R. Paul Wilms Director Subject: Permit No. NC0004243 American Thread Company McDowell County In accordance with your application for discharge permit received on August 27, 1987, we are forwarding herewith the subject State - NPDES permit. This permit is issued pursuant to the requirements of North Carolina General Statute 143-215.1 and the Memorandum of Agreement between North Carolina and the US Environmental Protection Agency dated December 6, 1983. If any parts, measurement frequencies or sampling requirements contained in this permit are unacceptable to you, you may request a waiver or modification pursuant to Regulation 15 NCAC 2B .0508(b) by written request to the Director identifying the specific issues to be contended. Unless such request is made within 30 days following receipt of this permit, this permit shall be final and binding. Should your request be denied, you will have the right to request an adjudicatory hearing. Please take notice that this permit is not transferable. Part II, B.2. addresses the requirements to be followed in case of change in ownership or control of this discharge. This permit does not affect the legal requirement to obtain other permits which may be required by the Division of Environmental Management or permits required by the Division of Land Resources, Coastal Area Management Act or any other Federal or Local governmental permit that may be required. If you have any questions concerning this permit, please contact Mr. Dale Overcash, at telephone number 919/733-5083. cc: Sincerely, R.-Paul Wilms Mr. Jim Patrick, EPA Asheville Regional Supervisor Y SC�Y �/�, Try s, ce s Cd✓�� ��1 D y-�t��eeK.ru e�.� I�019 la so-GL�f�lo' Po.'lution Pren•ntion Pars /emu' Oy/ WAY? S's—Y�?41167 f'Ni l z' sJ S taw, -r C Ca Ca��7-0X) (X n Permit No. N00004243 DIVISION OF ENVIRONMENTAL MANAGEMENT DEPARTMENT OF NATURAL RESOURCES AND COMMUNITY DEVELOPMENT DIVISION OF ENVIRONMENTAL MANAGEMENT P E R M I T To Discharge Wastewater Under the NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM In compliance with the provisions of North Carolina General Statute 143-215.1, other lawful standards and regulations promulgated and ac�opted by the North Carolina Environmental Management Commission, and the Federal Plater Pollution Control Act, as amended, American Thread Company :is hereby authorized to discharge wastewater from a facility located Sevier Plant McDowell County to receiving waters designated as Limekiln Creek in the Catawba River Basin in accordance with effluent limitations, monitoring requirements, and other conditions set forth in Parts I, II, and III hereof. 'Phis permit shall become effective July 1, 1988 This permit and the authorization to discharge shall expire at midnight on June 30, 1993 Signed this day of June 9, ] 88 R. PAUL WILMS, DIRECTOR DIVISION OF ENVIRONMENTAL MANAGEMENT BY AUTHORITY OF THE ENVIRONMENTAL MANAGEMENT COMMISSION M1 & II Permit No. NC0004235 SUPPLEMENT TO PERMIT COVER SJ1EET American Thread Company is hereby authorized to: 1. Continue operation of the existing 2.0 MGD extended aeration type wastewater treatment plant consisting of an equalization basin, aeration basin, dual final clarifiers, return sludge system, waste sludge treatment, polishing pond, chlorination system, post aeration, and dissipation basin located at American Thread Company-S;I avier Plant (See Part III of this Permit), and 2. Discharge from said treatment works into Limekiln Creek which is classfied Class "C waters,in the Catawba River Basin. I ( ) . EFFLUENT LIMITATIONS AND MON?TnRTMr_ RFnTTTREMENTS Final During the period beginning on the effective date of the permit and lasting until expiration, the Permittee is authorized to discharge from outfall(s) serial number(s) 001. Such discharges shall be limited and monitored by the Permittee as specified below: ffluent Characteristics Discharge Limitations lbs da Other Units (Specify) Daily Avg. Daily Max. Daily Avg.- Daily Max. low, 2.0 MGD OD, SDay, 20 Degrees C 136.0 272.0 otal Suspended Solids 348.0 696.0 otal Chromium .11 .11 enols 2.4 4.8 ulfides 4.8 9.6 OD 1692.0 3384.0 issolved Oxygefl (minimum) 5.0Img/1 otal Nitrogen (NO2 + NO3 + TKN) otal Phosphorus emperature k onductivity hronic Toxicity riority Pollutant ** Hio as N 5.0 mg/1 Monitoring Requirements Measurement Sample *Sample Frequency Type Location Continuous Recording I or E 2/Month Composite E 2/Month Composite E 2/Month Composite ,'E 2/Month Grab E 2/Month Grab E 2/Month Composite E Weekly Grab E, U, D Quarterly Composite E Quarterly -Compsite E Weekly Grab E, U, D Weekly Grab U, D Quarterly Composite E Annually E Quarterly Composite E *Sample locations: I -Influent, E-Effluent, U - Upstream above the outfall in Limekiln Creek, D- Downstream in Limekiln Creek **See Part III, Condition G; Chronic Toxicity (Ceriodaphnia) P/F at 77%; May, August, November and February ***See Part III, Condition H The pH shall not be less than 6.0 standard units nor greater than 9.0 standard units and shall be monitored weekly by grab sample at the E, U, D. There shall be no discharge of floating solids or visible foam in other than trace amounts. Part I 13. Schedule of Compliance 1. The permittee shall comply v7A�h Final Effluent Limitations specified for discharges in accordance with the following schedule: Permittee shall comply with Final. Effluent Limitations by the effective date of the permit. 2. Per.mitte.ee shall at all times provide the operation and mainte.nauce necessary to operate the existing facilities at opt:i^r:m efficiency. 3. No later. than 14 calendar days following a data :identified in the above schedule of compliance, the hermittee shall submit filther a report of progress or, in the case of specific actions being required by identified dates, a written notice of compliance or noncompliance. In the latter: case, the notice shall include the cause of noncompliance, any remedial actions taken, and the probability of meeting the next schedule requirements. W STANDARD COND.. SECTION A. GENERAL CONDITIONS 1. Duty to Comply The permittee must comply with alll noncompliance constitutes a violate: for enforcement action; for permitl or modification; or for d(-nial of Part 11 Page 1 of 14 PART II TIONS FOR NPDES PERMITS conditions of this permit.. Any permit .on of the Clean Water. Act and is grounds termination, revocation and reissuance, i permit reneWnl applir,at:ion, 2. Penalties for Violations of PermitiConditions Any person who violates a permit: co;id i t.i on i s subj e<:t to a civi 7 perm 1 ty riot to exceed $1.0,000 per day of such violation. Any person who willfully or negligently violates a permit condition is guilty of a misdemeanor punishable by a fine not to exceed $15,000 per day of violation, or by imprisonment not to exceed six months or both. 3. Dut.�to_ Mitigate The permittee shall take all reasonable steps to minimize any adverse impact toinavigab.le. waters resulting from noncompliance with any effluent limitations specified in this permit, includinlg,,accelerated or additional monitoring as necessary to determine the nature land impact of the noncomplying discharge. I 4. Permit -Modification After notice and opportunity for a' hearing pursuant to NCGS,143-215.1(b) (2) and NCGS 143-215.1(e) respectively, this permit niay br modified, suspended, or revoked in whole or in part during its term for causee including, but not limited to, tiie following: I a. Violation of any terms or of tl .is permit; b. Obtaining this permit: by mi.srjepresentat-ion or fni.lure. to disclose fully all relevant facts; C. A change in any condition thait requires either a temporary or permanent reduction or elimination of tlhe authorized discharge; or d. Info.rmation newly acquired by the Division indicating the discharge poses a threat to human health or welfare. i If the permittee believes that any past or planned activity would be cause for modification or revocation and reissuance, the permittee must report such information to the Permit Issuing�Autho.r.ity. The submittal of a new application Cr 5 Art. T1 Pngn 2 of 14 may be requi.r.ed of the permittee. The filing of a request: by the permitter for a permit modification, revocation and reissunnce, or terminat.ion, or a notification of planned changes or anticipated noncompi Hnnes, does not stay any permit condition. Toxic Pollutants Notwithstanding Part II, A-4 above, if a toxic effluent- standard or prohibition ( including any scbedule of cempl i ance specified in such effluent standard or prohibition)'is established under Section 307(a) of the Act for a toxic pollutant which is present in the discharge, if such standard or prohibition is more stringent: than any limitation for such pollutant ip this hermit., this permit shall be revised or modified in accordance with tho taxis effluent standard prohibition and the poxmi.tteP so not.if0d. The permittee shall comply with eff under Section 307(a) of thn Clean W time provided in the regulations th even if the permit has not yet. been 6. Civil and Criminal. Liability uent: standards or prohibitions Pst.ahlished ter Act for toxic pollutants within the t establish those st.nndnrds or prohibiti.ons, modified to incnrporatp the requirement. Except as provided in permit conditions on 91Bypassiug" (Part f l , B-3) and "Power Failures" (Part TI, B-6), nothing in this permit shall be construed to relieve the permittee from any responsibilities, liabi.l Vies, or penalties for noncompliance pursuant to NCGS 143-215.3, 143-215.6 or Section 309 of the Federal Act, 33 USC 1719. Furthermore., the permi.tteo is responsible for consequential damages, such as fish kills, even though the responsibility for effective compliance may be temporarily suspended. 7. oil and 11,1zard::us S>>hst.ance Liability Nothing ire Leis permit. shall Q nuystrnrd M prealudn On institution tution o' any legal action or relieve the permittee f.rnm any reslxmsibilitins, liabil.i.t..i.es! or penalt.ieF to Wah the permittee is or may hn subject to under NCGS 143-21.5.75 et seq. or Section 3.1.1 of the. Federal Act, 33 SSG 1321. Furthrrmorn, the permittee is responsible for consequential damages, such as fish kills, even though the responsibility for effective compliance may be temporarily suspended. 8. 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. Par.L 11 Page 3 of 14 9. Onshore of Offshore Construction This permit does not authorize or approve the construction of any onshore nr offshore physical structures or facilities or the undertaking of any work in any navigable waters. 10. Severability_ The provisions of this permit are severable, and if any Provision of this permit, or the application of any provision of this permi_t, to any, circumstances, is held invalid, the appl.i.cation of such provision to other circumstances, and the remainder of this permit, shall. not be affected thereby. 1.1. Duty_p Provide Information The permittee sh:i.11 fnr.n:i.sh to the Permit Issuing Anthority, within a reason- able time, any information which the Permit Issuing Aut:herity may request to determine whether cause exists for modifying, revoking and reissuing, or terminating this permit n.r to determine compliance with this permit. The permittee shall also furnish to the Permit ISsuing Authority upon requesL, copies of records required to be kept by this permi.t:. SECTION B. OPERATION AND MAINTENANCE OF POLLUTION CONTROLS 1. Proper aeration and Maintenance The permittee shall. at all times maintain in good working order and operate as eff.icientlylas possible all treatment or control. facilities or systems installed or used by the permittee to achieve comp]iance with the terms and conditions of this permit. 2. Need to ]lalt or Reduce not a Defense It shall not be a defense for a permittee in an enforcement. action that it wo,iicl have bi-,,n necessary to hai t or rnditc (,. the p(,.rrni tt.ed activity in order to maintain compliance with the condition of this permit. 3. IIy has s iT.g Any diversion from or bypass of facilities is prohil)ited, except (i) where unavoidable to prevent loss of life or severe property damage, or. (ii) where excessive storm drainage or runoff would damage any facilities necessary for compliance with the effluent limitations and prohibitions of this permit. All permittees who have such sewer bypass, or oVi� rflows of tici.s discharge shall submit, not .later than six months fr^m Lh,, date of issuance of this permit, detailed data or eT?gineering estimate;: which identify: a. The location of each sewer system bypass or c�vr�rf low; b. The .frequency, durat:ioTr and quan.i_ty of flow from each sewer system bv;;:iss; car. over i:lo::�. 4. 5. M Part I1 Page 4 of 14 This requirement is waived where infiltration/inf-low analyses are schedill'ad to be performed as part of an Environmental Protection Agency facilities planning project. The permittee shall report by telephone to either the central office or 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 division from or bypass of facilities. U sets Y'Upset" means an exceptional incident in which t-horo .is unintentfonal and temporary noncompliance with technology based permit effln�-ut limitations because of factors beyond the. reasonable control of the. P�'rmtttee. 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. An upset constitutes an affirmative defense to an action brought for noncompliance with such technology based permit limitation if the requirements of 40 CFR S 122.41(n)(3) are met. Removed Substances Solids, sludges, filter backwash, or other pollutants r(:MYVO i i.rn the course of treatment or control of wastewaters shall be disposed of .in accordance with NCGS 143-21.5.1 and in a manner such as to prevent any pc+llutant: from such materials from entering waters of. the State or navigable waters of the United States. Power Failures The permittee is responsible for maintaining adequate safeguards to prevent the d ischargo of untr.ent.ed or i.nr+doqi,ately t..rpat cd wastes d1iring electrical potter. failures either by means of alternate power sources, st.andhy generators or retention of: inadequately treated effluent. SECTION C. MONITORING AND RECORDS 1. Representative Sampling Samples collected and measurements taken, as required herein, shall be characteristic of the volume and nature of the permitted discharge. Samples collected at a frequency less than daily shall be taken on a day and time that is characteristic of the discharge over the entire period which the sample represents. All samples shall be taken at the monitoring points specified in this permit and, unless otherwise specified , beforethe effluent joins or is diluted by any other wastestream, body of water, or suhst.ance. Monitoring points shall not be changed without notification tn and the approval. of the Permit Issuing Authority. W Part II Page 5 of 14 '• Reporting Monitoring results obtained during the previous month(-) shall be summarized for each month and reported on a monthly Discharge Monitoring Report (DMR)•Form (DEM No. MR 1, 1.1, 2, 3) or alternative forms approved by the Director, PEM, postmarked no later than the 30th day following the completed reporting period. The first P"fR is due on the last clay 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. Duplic to sJgned copies of these, and all. other reports required herein, shall be submitted to the following address: Division of Environmental Management Water Quality Section A17ENTION: Central Files Post Office Box 27687 Raleigh, North Carolina 27611 3 Flow Measurements Appropriate flow measurement devices and methods consistent with accepted scientific practices shall be selected and used to insure the accuracy and reliability of measurements of the volume of monitored discharges. The :ievices shall be installed, calibrated and maintained to insure that the :Iccuracy of the measurements are consistent with the accepted capability of ,-hat type of device. Devices selected shall be capable of measuring flows with a maximum deviation of less than + 10% from the truee discharge rates 'throughout the range of expected discharge volumes. Once -through condenser. — oling water flow which' is monitored by pump logs, or pump hour meters as --pecified in Part T of this permit and baseri on the manufacturer's pump curves shall not: be subject to this requirement. ,-tkst Procedures "nest procedures for the analysis of pollutants shall conform to -the, EPIC , "lations published pursuant to NCGS 143-215.63 et seq, the Water and Air `�Uality Reporting Acts, and to regulations published pursuant to Section 304(g), USC 1314, of the Federal Water Pollution Control Act, as Amended, and \ gulation 40 CFR 136. 5• 1-'Qaialties for Tampering `71le Clean Water Act provides that any person who falsifies, tampers with, or tW,wingly renders inaccurate, any monitoring device or method required to be 'Maintained under this permit shall, upon conviction. by punished. by a fine of tOt more than $10,000 per violation, or by imprisommn.nt for not: more. than `ax months per violation, or by both. G Part I1 Page 6 of 14 6. Records Retention All records and information resulting from the monitoring, activities required by this permit including all records of analyses performed and calibration and maintenance of instrumentation and recordings from continuous monitoring instrumentation shall be retained for a minimum of three (3) years by the permittee. Thisperiod of retention shall be extended during the course of any unresolved litigation or if requested by the Division of Environmental. Management or the Regional Administrator of the Environmental Protection- Agency. 7. RecordinR_Results For each measurement or sample taken pursuarit to the requirements of this permit, the permit Lee shall record the Col louring ii�.fcz m �t ion: a. The exact place, date, and time of sampling; b. The dates the analyses were performed; C. The person(s) who performed the analyses; an,3 d. The results of such analyses. I 8. Right of EnE try ' The permittee shall allow the Director of the Division of Environmental Management, the Regional Administrator, and/or their nuthori.ze.d representatives, upon the presentations of credentials: a. To enter upon the permittee's premises where: an effluent source :is located or in which any records are required to be kept intdr.r the tcr.ms and conditions of this perm.i.t; and I�. At r!?F+so?Table t-imes t:) -o end Copy .ant' recc:rdS :Ct`('{IJirni trn he kept under the terms and conditions of this permit.; to inspect any monitoring equipmentor monitoring method in phis permit; and to sample any discharge of—poliul.an.ts. SECTION D. REPORTING REQUIREMENTS 1. Change in Discharge All discharges authorized herein shall be consistent vit.tl the terms and conditions of this permit. The discharge of any pol.lr-?r_ant identified in this permit more frequently than or at a level in excess of that authorized shall constitute a violation of the permit. Any ant.:icip3t:ed facility expansions, production increases) or process mod if..i.-ations which will result Part II Pnge 7 of 14 in new, different, or increased discharges of pollutants mint- be reported by submission of a new NPDES application or, if such change. WL1.1_not. violate. the effluent limitations specified in this permit, by notice to the DEM of such changes. Following such notice, the permit may be modified to specify and limit any pollutants not previously limited. 2. Anticipated Noncompliance The permittee shall give notice to the -Permit Issuing Authority of any planned change in the permitted facility or activity which may result in noncompliance with permit requirements. Any maintenance cf faci.l.ities, which might necessitate unavoidable interruption of operation and degradation of effluent quality, shall be scheduled during noncritical water quniity periods and carried out in a manner approved by the, Permit Issuing Authority. 3. Transfer of Ownership or Control This permit is not transferable. In the event of any change, in name, control or ownership of facilities from which the authorized discharge emanates or is contemplated, the permittee shall notify the prospective owner or controller by letter of the existence of this permit and of the need to obtain a permit in the name of the prospective owner. A copy of the letter sh.l.l be forwarded to the Division of Environmental Management. 4. Additional Monitoring by Permit -Lee , If the permittee monitors any pollutant at the location(s) designated herein more frequently than required by this permit, using approved analytical methods as specified above, the results of such monitoring shall. be included in the calculation and reporting of the values is required in the DMR. Such increased frequency shall also be indicated. The DEM may require. more frequent monitoring or the monitoring of other pollutants not required in this permit by written notification. 5. Areragil of Measurements Calculations for limitations which require averaging of measurements shall. utilize an arithmetic mean unless otherwise specified by the Permit Issuing Authority in the permit. 6. 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: Part IT Page S of 14 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 tr�,njment f-,q il.ity resulting in a by-pass directly to receiving waters without treatment of all or any portion of the influent to such station or facility. d. Any time that self -monitoring information indicates that the facility has gone out of compliance with its NPDF,S permit limitations. Persons reporting such occurrences by telephone shall also file a written report In letter form within 15 days following first knotelridge of the occurrence. 7. Changes in Discharges of Toxic Substances: The permittee shall notify the Permit Issuing Authority as soon as it knows or has reason to believe: a. That any activity has occurred or will occur which. wf)uld result in the discharge, on a routine or frequent basis, of anyltnxir. substance(s) (listed at 40 CFR S 122, Appendix D, Table II and III) which is not limited in the permit, if that discharge will exceed thee highest of the following 'notification levels". (1) One hutidre.d micrograms per liter (1.00 ug/ 1) ; (2) Two hundred micrograms per liter. (200 ug/.1) for ,acr.ole.ill and ac.r.y.lonitr.ile; five hundred micrograms per liter (500 ug/.1) for. 2,4-dinitropheriol. and for 2-methyl-4,6-dinitrophenol; and one milligram per liter (1 mg/1) for antimony; or (3) Five (5) times the maximum concentration value reported for that pollutant(s) 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 (listed at 40 CFR S 122, Appendix D. Table II and 11.I) which is not limited In the permit, if that discharge will exceed the highest of the following "notification levels": a Part II Page 9 of 14 (1) Five hundred micrograms per liter (500 ug/1); (2) One milligram per liter (1 mg/1) for antimony; or (3) Ten (10) times the maximum concentration value. reported for that pollutant(s) in the permit application. 8. Expiration of Permit Permittee is not authorized to discharge after the expiration date. In order to receive a,!t:horizati,on to discIinrge beyond the expiration date, the pe.rmittee shall submit,such information, forms, and fees as are required by the agency authorized to issue permits no later. than 180 days prior to the expiration date. Any discharge without a permit after tha expiration will subject the permit:tee to enforcement procedures as provided in NCsS 143-215.6 and 33 USG 1251. et seq. 9. Signator_y__Requirement: All applications, reports, or information submitted to the Permit Issuing Authority shall be signed and certified. a. All permit applications shall be signed as follows: (1) For a corporation: by a responsible corporate officer. For the purpose of this Section, a responsible corporate officer means: (a) a president, secreta'ry', treasurer or vice president of the corporation in charge of a principal business function, or any other person who performs similar policy or decision making functions for the corporation, or (b) the. manager of one or more manufacturing production or operating facilities employing more than 250 persons or having gross annual sales or expenditures exceeding 25 million in second quarter 1980 dollars), if authority to sign documents has been assigned or delegated to the manager in accordance with corporate procedures. (2) For a partnership or sale proprietorship: by a general partner or the proprietor, respectively; or (3) For a municipality, State, Federal, or other public agency: by either a principal executive officer or ranking elected official. b. All reports required by the permit and other information requested by the Permit Issuing Authority shall. be signed by a person described above or by a duly authorized representative of that person. A person is a duly authorized representative only if: (1) The authorization is made in writing by a person described above,- (2) The authorization specified either an individual or a position having responsibil._it:y for the overall operation of the regulated facility or nct.i.v:i.ty, such as t.hc position of plant manager, operator of a well or Part II Page 10 of. 14 well. field, superintendent, a position of equivalent responsibility, or an individual or position having overall responsibility for environ- mental matters for the company. (A duly authorized representative may thus be either a named individual or any individual occupying a named position.); and (3) The written authorization is submitted to the Permit Issuing Authority. C. Certification. Any person signing a document under paragraphs a. or b. of this section shall making the following certification: ` "I certify, under penalty of law, that this document and all attachments were prepared under my direction or supervision in accordance with a system designed to assure that qualified personnel properly gather and evaluate the information submitted. Based on my inquiry of the person or persons who manage the system, or these persons directly re.sponsi.hl.e. for gathering the information, the information submitted is, to the hest of my knowledge and believe, 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." 10. Availability of Reports Except for data determined to .be confidential under NCGS 143-215.3(a) (2) or Section 308 of the Federal. Act, 33 USC 1318, all reports prepared in accordance with the terms shall be available for public inspection at the offices of the Division of environmental Management. As required by the Act, effluent data shall not be considered confidential.. Knowingly making any false statement on any such report may result in the imposition of criminal penalties as provided for in NCGS 143-215.1(b) (2) or -in Section 309 of the Federal Act. 11. Penalties for Falsification of Reports The Clean Water Act provides that any person who knowlTlg]}' makes any false statement. Iforesent".ation, or _e.rtification AI any reCOTA or- other: document submitted or required to be maintained under this perm' :t., including monitoring reports or reports of compliance or noncomplinnce shall, neon conviction, be punished by a fine of not more than Y10,O00 per. violation, or by imprisonment for not more than six months per violation, or by both. SECTION E. DEFINITION 1. Permit Issuing Authority The Director of the Division of Environmental Management. 2. DEM or Division Means the Division of Environmental Management, Department of Natural. Resources and Community Development. Part II Page I of 14 3. EMC: Used herein means the North Carolina Environmental Management Commission. Act- or "the Act" The Federal Water Pollution Control Act, also known as the Clean Water Act, as amended, 33 USC 1251, et. seq. 5, Mass/Day Measurements a. The "monthly average discharge: is defined as the total mass of all daily discharges sampled and/or measured during a calendar month on which daily discharges are sample and measured, divided by the number of daily discharges samples and/or measured during such month. It is therefore, an arithmetic mean found by adding the weights of the pollutant found each day of the month and then dividing this sum by the number of days the tests were reported. The limitation is identified as "Daily Average'.!, or "Monthly Average" in Part I of the permit. b. The '.'weekly average discharge" is di�fined as the total mass of all daily discharges sampled and/or measured during the calendar week (Sunday -Saturday) on. which daily discharges are Sampled and measured, divided by the number of daily discharges samples and/or measured during such week. It is, therefore, an arithmetic mean found by adding the weights of pollutants found each day of the week and then dividing this sum by the number of days the tests were reported. This limi Cation Is ident.ifi.-ad as "Weekly Average" in .i .9r.'t: l of thc. permit. C. The "maximum daily discharge" is tha total irias. (weight) of a p ilutarit discharged during a calendar clay. If only oiie sample is taken during any calend-ar day the weight of pollutaut calculated from it is the "maximum daily discharge." This limitation is identified as "Daily Maximum," in Part I of the permit. d. The "average annual discharge" is defined as the total mass of all daily discharges sample and/or measured during the calendar year on which daily discharges are sampled and measured, divided by the number of daily discharges sampled and/or measured durino' such year.. It is, therefore, an arithmetic mean found by adding the wei.gh.ts of pollutants found each day of the year and theei dividing this sum by the number- of clays the tests were reported. This limitation is defined as "Annual. Average" iTi Part I of the permit. j. Part II Page 12 of 14 6. Concentration Measurement a. The 11average monthly concentration," other than for fecal coliform• bacteria, is the sum of the concentrations of all daily discharges samples and/or measured during a calendar month on which daily discharges are sampled and measured, divided by the number of daily discharges sampled and/or measured during such month (arithmetic mean of the daily concentration values). The daily concentration value is equal to the - concentration of a composite sample or in the...case of grab samples is the arithmetic mean (weighted by flow value) of all the samples collected during that calendar day. -The average monthly count for fecal coliform bacteria is the genmetri.c mean of the counts for samples collected during a cal.endar'month. This limitation is identified as "Monthly Average" or "Daily Average" under "Other Limits" in Part 1 of the permit. b. The "average weekly concentration," other than for fecal coliform bacteria, is the sum of the concentrations of all daily discharges sampled and/or measured during a calendar week (Sunday/Saturday) on which daily discharges are sampled and measured divided by the number of daily discharges sampled and/or measured during such week (arithmetic vrf4�an of the daily concentration values). The daily concentration value is equal to the concentration of a composite sample or in the case of grab samples is the arithmetic mean (weighted by flow value) of.all the samples collected during. that calendar day. The average weekly count for fecal coliform bacteria is the geometric mean of the counts for samples collected during a calendar week. This limitation is identified as "Weekly Average" under "Other Limits" in Part I of the permit. c. The "maximum daily concentration" is the concentration of a pollutant discharge during a calendar day. It is identified as "Daily Maximum" under "Other Limits" in Part T of the permit: d. The "average annual concentration," other than for feral coliform bacteria, is the sum of the concentrations_ of all daily discharges sampled and/or measured during a calendar year on which daily discharges are sampled and measured divided by the number of daily discharges sampled and/or measured during such year (arithmetic mean of the daily concentration values). The daily concentration value is equal to the concentration of a composite sample or in the case of grab samples is the ar.it.hmetic mean (weighted by flow value) of all the samples collected during that. calendar day. The average yearly count for fecal coliform bacteria is the geometric mean of the counts for samples collected during a calendar year.. This limitation is identified as "Annual average" under "Other. Limits" in Fart I of the permit. Part II Page 13 of 1.4 7. Other Measurements a. Flow, (MGD): The flow limit expressed in this permit is the 24 hours average flow, averaged monthly. It is determined as the arithmetic mean of the total daily flows recorded during the calendar month. b. An "instantaneous flow measurement" is a measure of flow taken at the time of sampling, when both the sample and flow will be representative of the total discharge. 8. Types of Sam )lea a. Composite Sample: These samples consist of grab samples collected at equal intervals and combined proportional to flow, a sample continuously collected proportionally to flow, or equal volumes taken at varying time intervals. If a composite sample is obtained from grab samples, the following requirements apply. The intervals between influent grab samples shall be no greater than hourly. Intervals between effluent grab samples shall be no greater than hourly except where the detention time of'the wastewater in the facility is greater than 24 hours, in which case, the interval between grab samples shall be no greater in number of. hours than the detention time in number of days; provided, however, in no case may the time between effluent grab samples be greater than six hours nor the number of grab samples less than four during any discharge period of 24 hours or less. b. Grab Sample: Grab samples are individual samples collected over a period of time not exceeding 15 minutes; the grab sample can be taken manually. 9. Calculation of Means a. Arithmetic Mean: The arithmetic mean of any set of values is the summation of the individual values divided by the number of individual values. b. Geometric Mean: The geometric mean of any set of values is the Nth root of the product of the individual values where N is equal to the number of individual values. The geometric mean is equivalent to the antilog of the arithmetic mean of the logarithms of the individual values. For purposes of calculating the geometric mean, values of zero (0) shall be considered to be one (1). C. Weighted by Flow Value: Weighted by flow value means the summation of each concentration times its respective flow divided by the summation of the respective flows. Part II Page 14 of 14 10. Calendar Day A calendar day is defined as the period from midnight of one dny until midnight of the next day. However, for purposes of this permit, any consecutive 24-hour, period that reasonably represents the calendar day may be used for sampling. 11. Hazardous Substance A hazardous substance means any substance designated under 40 CFR Part 116 pursuant to Section 311 of the Clean Water Act. 12. Toxic Pollutant A toxic pollutant is any pollutant listed as toxic under. Section 307(a)(1) of the Clean Water Act. PART III OTHER REQUIREMENTS A. Previous Permits All previous State water quality permits issued to this facility, whether for construction or operation or discharge, are hereby revoked by issuance of this permit. The conditions, requirements, terms, and provisions of this permit authorizing discharge,under the National Pollutant Discharge Elimination' System govern.discharges from this facility. B. Construction ;do cojistcu.:tion of wastewater treatment fac.il;_ties or thereto shali be beguri until Final Plans and Specifications have been submitted to the Division of Environmental Management and written approval and Authorization to Construct has been issued. C. Certified Operator Pursuant ito Chapter 90A of North Carolina General Statutes, the permittee shall employ acertified wastewater treatment plant operator in responsible charge of the wastewater treatment facilities. Such operator must hold a certification of the grade equivalent to or greater than the classification assigned to the wastewater treatment facilities. D. Groundwater Monitorin The per.m.ittee shall, upon written notice from the Director of the Division of Environmental Management, conduct groundwater monitoring as may be required to determine the compliance of this NPDES permitted facility with the current groundwater standards. E. Limitations Reo ever This permit: shall be modified or alternatively, revoked a --id reissued, to comply with any applicable effluent guideline or wat:e.r quality standard issued or approved tui(er ::ecti.ons.302(b) (2) (c,`, and. (d), 304.(bj (2), and 07(a) (2) of the Clean Water Act, if the effluent guideline or water quality standard so issued or approved: 1. contains different conditions or is otherwise iTora stringent than any effluent limitation in the permit; or 2. controls any pollutant not limited in the permit. The permit as modified or reissued un.der this par.ag.rnph shall also contain any other requirements in the Act then applicable. y Part III Permit No. NC0004243 F. Toxicity Reopener This permit shall be.modified, or.revoked and reissued to incorporate toxicity limitations and monitoring requirements'in the event toxicity testing or other studies conducted on the effluent or receiving stream indicate that detrimental effects may be expected in the receiving stream as a result of this discharge. G. Chronic Toxicity Testing Requirement The effluent discharge shall at no time exhibit chronic toxicity using test procedures outlined in: x 1. The`North Carolina Ceriodaphnia chronic effluent bioassay procedure (North Carolina Chronic Bioassay Procedure - Revised *February 1987) or subsequent versions. The effluent concentration at which there may be no observable inhibition of reproduction or significant mortality is 77% (defined as treatment two in the North Carolina procedure document). The permit holder shall perform quarterly monitoring using this procedure to establish compliance with the permit condition. The first test will be performed after thirty days from issuance of this permit during the months of February, May, August, November. Effluent sampling for this testing shall be performed at the NPDES permitted final 'effluent discharge below all treatment processes. All toxicity testing results required as part of this permit condition will be entered on the Effluent Discharge Monitoring ForiLt (MR-1) for the month in which it was performed, using the parameter, code TGP3B. Additionally, DEM Form AT-1 (original) is to be sent to the following address: Technical Services Branch North Carolina Division of Environmental Management PO Box 27687 Raleigh, North Carolina 27611-7687 Test data shall be complete and accurate and include .all supporting chemical/physical measurements performed in association with the toxicity tests, as well as all dose/response data. Total residual chlorine of the effluent toxicity sample must be measured and reported if chlorine is employed for disinfection of the waste stream. Should any test data from this monitoring requirement or tests performed by the North Carolina Division of Environmental Management indicate,potential impacts to the receiving stream, this permit may be reopened and modified to include alternate monitoring requirements or limitations. Part III Permit No. NC0004243 Note- Failure to achieve test conditions as specified in the cited document, such as minimum control:.organism survival and appropriate environmental controls, shall constitute an invalid test and will require immediate retesting (within 30 days of initial monitoring event). Failure to submit suitable test results will constitute non-compliance with monitoring requirements. H. The permittee shall conduct a test for priority pollutants annually at the effluent from the treatment plant. The discharge shall be evaluated for all.volatile fractions, acid fractions, base/neutral fractions, and pesticide fractions listed in Table -.II of Appendix D. of 40_ CFR Part 122 and all metals, cyanides and phenols listed in Table III of Appendix D. of 40 CFR Part 122. The permittee shall ,test the effluent for any pollutants listed in Tables IV and V of Appendix D. of 40 CFR Part 122, if a specific pollutant is believed to be present in the discharge. In addition to the above testing requirements, other significant levels of synthetic organic chemicals must be identified. For the purpose of implementing this requirement, the largest 10 percent of the GC/MS peaks other than the priority pollutants shall be identified. All tests shall be performed in accordance with the EPA Reference Methods listed_ in 40 CFR Part 136.