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HomeMy WebLinkAboutNC0000175_Permit (Issuance)_19981006RECEIVED _ V'Jaler Qual„y Section o; CT - r - 1988 State of North Carolina Asheviiie ReJor;at Office Department of Natural resources and Community Development Carolina Division of Environmental Management 512 North Salisbury Street • Raleigh, North Carolina 27611 James G. Martin, Governor R. Paul Wilms S. Thomas Rhodes, Secretary October 6, 1988 Director Mr. Steve Booth PO Box 588 Spruce Pine, NC 28777 Subject: Permit No. NC0000175 Unimin Corporation. Mitchell County Dear Mr. Booth: In accordance with your application for discharge permit: received on January 14, 1985, 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 Lp Regulation 15 NC©� 2$ .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 :Canal and binding_ Should your re:luest be denied, you will have the right to request an adjudicatory hearing_ Please take notice that this permit is not transferable. Part IT, D.3. addresses the requirements to be followed in case of change in ownership or control. of - this discharge. This permit does not affect the legal. requirements to obtain other permits which may be required by the Division of Environmental Management or permits requirnd 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, plPnse contact: Mr.. Dale Overcasb at telephone number 919/733-5083. cc: Mr. Jim Patrick, EPA 60mi:1le- Regicip41 Office rA Sincerely, Original Signed By ARTHUR h OU43MRY R. F81auI Wilms Pollution Prevention Pays P.O. Box 27687, Raleigh, North Carolina 27611-7687 Telephone 919-733-7015 h.. P.. 1 (lr,.,nrr,,.,;w A(Are iflvr ArHnn Fmnlnver �: t 4,. — .a . Permit No. NC0000175 STATE OF NORTH CAROLINA DEPARTMENT OF NATURAL RESOURCES AND COMMUNITY DEVELOPMENT t. DIVISION OF ENVIRONMENTAL MANAGEMENT P E R M I TO DISCHARGE WASTEWATER UNDER THE NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM In compliance with the provisions of North Carolina General Statute 143-215.1, other lawful standards and regulations promulgated and adopted by the North Carolina Environmental Management Commission, and the Federal. Watei. 11ollntion Control Act, as amended, UNIMIN CORPORATION QUARTZ OPERATIONS is hereby authorized to discharge wastewater from a facility located at N.C. Highway 226 Spruce Pine, North Carolina Mitchell County to receiving waters designated as the North. Toe River in t:he French Broad River Basin in agcdTdgnce With ,effluent limitations, monitoring requirements, and other conditions set fofth iti Parts I, il, and III hereof. This permit shall become effective November 1, 1988 This permit and the authorization to discharge shall. expire. at midnight- on February 29, 1992. Signed this day October 6, 1988. &igirial Signed By ARMUR (v1OUBERRY For: R. Paul Wilms, Director i Division of Environmental Management f By Authority of the Environmental Management Commission S c A. (1)_- EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS Final - SEE_SPECIAL CONDITION F NPDES No. NC0000175 " CONFIGURATION I. - Daring the periocE- beginning after proper notification and lasting until-renotification -is made in accordance with special condition G, the Permittee is authorized to discharge from outfall(s) serial number(s) 001-Total -Facility Discharge. Such discharges shall be limited and monitored by the Permittee as specified below: Effluent Characteristics - Discharge Limitations Monitoring Requirements Lbs/day Other Units (Specify) Measurement Sample** Sample— r Daily -Avg. Daily Max. Daily Avg. Daily Max. Frequency Type Location Flow 3.6 MGD 4.32 MGD Daily Continuous I or E Total Suspended Solids 1320 2640 Daily Composite E Fluorides 242 484 Daily Composite E, U, D Settleable Solids - Daily Grab E Turbidity (See Below) Daily Grab E, U, D pH _ (See Below) Daily Grab E, U, D 1nis-- discharge shall not increase turbidity of receiving waters more than 10 NTU. If the turbidity exceeds 10 NTU due to natural conditions, the discharge shall not cause any increase in turbidity. *Daily stream sampling frequency may be reduced to three times per week. **All stream samples may be grab samples. ***I - Influent, E - Effluent, U - Upstream, D - Downstream Toxicity testing requirements are listed in Part III, condition H of this permit. The pH shall not be less than 6.0 standard units nor greater than 10.0 standard units and shall be monitored as specified above. There shall be no discharge of floating solids or visible foam in other than trace amounts. �3 A. (2). EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS Final - SEE SPECIAL CONDITION F NPDES No.-NC0000175 CONFIGURATION II. During the- period beginning after proper notification and lasting until renotification is made in accordance__ with special condition G, the Permittee is authorized to discharge from outfall(s) serial number(s) ---001-Total Facility Discharge. Such discharges shall be limited and monitored by the Permittee as specified :below: Effluent Characteristics Discharge Limitations Monitoring Requirements Lbs da Other Units (Specify) Measurement* Sample** Sample — Daily Avg. Daily Max. Daily Avg. Daily Max. FrequencyType Location Flow _ 3.6 MGD 4.32 MGD Daily Continuous I or E ' Total Suspended Solids 1320 2640 Daily Composite E Fluorides 218 436 -- Daily Composite E, U, D Settleable Solids Daily Grab E Turbidity (See Below) Daily Grab E, U, D ,PH _ (See Below) Daily Grab E, U, D This discharge shall not increase turbidity of receiving waters more than 10 NTU. If the turbidity exceeds 10 NTU due to natural conditions, the discharge shall not cause any increase in turbidity. `Daily stream sampling frequency may be reduced to three times per week. stream samples may be grab samples. ***I - Influent, E - Effluent, U - Upstream, D - Downstream Toxicity testing requirements are listed in Part III, condition H of this permit. The pH shall not be less than 6.0 standard units nor greater than 10.0 standard units and shall be monitored as specified above. There shall be no discharge of floating solids or visible foam in other than trace amounts. ';3 , A. (3). EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS Final - SEE SPECIAL CONDITION F NPDES No. NC0000175 CONFIGURATION III. During the period beginning after proper. notification and lasting until renotification is made in accordance with special condition G, the Permittee is authorized to discharge from outfall(s) serial number(s) 001-Total Facility Discharge. Such discharges shall be limited and monitored by the Permittee as spezified below: Effluent Characteristics Flow Total Suspender Solids Fluorides .Settleable Solids Turbidity = :PH - Lbs da Daily Avg. Daily Max. 1320 2640 195 390 Discharge Limitations Other Units (Specify) Daily Avg Daily Max. 3.6 MGD (See Below) (See Below) Monitoring Requirements Measurement* Frequency 4.32 MGD Daily Daily Dailv Daily Daily Daily Sample** Sample--- Type Location Continuous I or E Composite E Composite E, U. D Grab E Grab E, U, D Grab E, U, D This discharge -shall not increase turbidity of receiving waters more than 10 N7`U. If the turbidity exceeds 10 NTU d natural conditions, the discharge shall not cause any increase in turbidity. ue to *Daily stream sampling frequency may be reducedto three times per week. *'All stream samples may be P grab samples. ***I - Influent, E - Effluent, U - Upstream, D - Downstream Toxicity, testing requirements are listed in Part III, condition h of this permit. The pH shall not be less than 6.0 standard units nor greater than 10.0 standard units and shall be monitored as specified above. There shall be no discharge of floating solids or visible foam in other than trace amounts. ,13 EFFLUENT.LIMITATIONS-AND MONITORING-REQUDZEMENTS Final - SEE SPECIAL CONDITION F- -NPDES No.-N00000175 -' ;- CONFIGURATION IV. During the period beginning after proper notification and lasting until renotification is made i'II- accordance with special condition G, the Permittee is authorized to discharge from outfall(s) serial-` number(s) 001-Total Facility Discharge. -Such discharges shall be limited and monitored by the Perm ttee -as specified below: Effluent Characteristics Discharge Limitations Monitoring Requirements Lbs da Other Units (Specify) Measurement- Sample** Samples'. Daily Avg. Daily Max. Daily Avg. Daily Max. Frequency Type Location - Flow _ 3.6 MGD 4.32 MGD Daily Continuous I or E f Total Suspended Solids 1320 2640 Daily Composite E Fluorides 179 358 Dailv Composite E, UD I Settleable Solids , Daily Grab E Turbidity. (See Below) Daily Grab E, U, D PH -_ (See Below) Daily Grab E, U, D - '.This discharge shall not increase turbidity of receiving waters more than 10 NTU. If the turbidity exceeds 10 NTU due to ::natural_ conditions, the discharge shall not cause any increase in turbidity. _ *Daily_.stream sampling frequency may be reduced to three times per week. *A11 stream samples may be grab samples. *I - Influent, E - Effluent, U - Upstream, D - Downstream Toxicity testing requirements are listed in Part III, condition H of this permit. The pH shall not be less than 6.0 standard units nor greater than 10.0 standard units and shall be monitored as specified above. There shall be no discharge of floating solids or visible foam in other than trace amounts. M. A.- (5). EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS Final - SEE SPECIAL CONDITION F NPDES No. NC0000175 ` CONFIGURATION V. Daring the period beginner after proper notification and lasting until renotification is _made in accordance with special condition G, the Permittee is authorized to discharge from outfall(s) serial number(s) 001-Total Facility Discharge. Such discharges shall be limited and monitored by the Permittee as specified below: --Effluent Characteristics Discharge Limitations Monitoring Requirements Lbs/day } Other Units (Specify) Measurement* Sample* Sample^-- _ Daily Avg. Daily Max. Daily Avg. Daily Max. Frequency Type Location Flow 3.6 MGD 4.32 MGD Daily Continuous I' -or E 1 Total Suspended Solids 1320 2640 Daily Composite E Fluorides 172 344 Daily Composite Es U, D Settleable Solids Daily Grab E Turbidity (See Below) Daily Grab E, U, D -PH (See Below) Daily Grab E;_ U, D T'-ris discharge shall not increase turbidity of receiving waters more than 10 NITU. If the turbidity exceeds 10 NTU due to _aiatural conditions, the discharge shall not cause any increase in turbidity. _ ",Daily stream sampling frequency may be reduced to three times per week. **All stream samples may be grab samples. Influent, E - Effluent, U - Upstream, D - Downstream Toxicity testing requirements are listed in Part III, condition H of this permit. The pH shall not be less than 6.0 standard units nor greater than 10.0 standard units and shall be monitored as specified above. There shall be no discharge of floating solids or visible foam in other than trace amounts. _ *_. A. (6). EFFLUENT LIMITATIONS -AND MONITORING REQUIREMENTS Final - SEE SPECIAL CONDITION F NPDES No. NC000017.5 - CONFIGURATION VI. During the period beginning after proper notification and lasting until renotification is made in accordance with special condition G, the Permittee is authorized to discharge from outfall(s) serial number(s) 001-Total Facility Discharge. Such discharges shall be limited and monitored by the Permittee as specified below: Effluent Characteristics Discharge Limitations Monitoring Requizements Lbs/day Other Units (Specify) Measurement* Sample* y~ Sample Daily Avg. Daily Max. Daily Avg. Daily Max. Frequency Type - Location Flow 3.6 MGD 4.32 MGD Daily Continuous I or E Total Suspended Solids 1320 2640 Daily Composite E Fluorides 155 310 Daily Composite E, U, D Settleable Solids Daily Grab_ E Turbidity (See Below) Daily Grab E, U, D pH(See Below) Daily Grab - E, U, D This discharge shall not increase turbidity of receiving waters more than 10 NTU. If the turbidity .exceeds 10 NTU due to natural conditions, the discharge shall not cause any increase in turbidity. Daily stream sampling frequency may be reduced to three times per week. `*All stream samples may be grab samples. **I - Influent, E - Effluent, U - Upstream, D - Downstream Toxicity testing requirements are listed in Part III, condition H of this permit. The pH shall not be less than 6.0 standard units nor greater than 10.0 standard units and shall be monitored as specified above. There shall be no discharge of floating solids or visible foam in other than trace amounts. '4 Part I B. Schedule of Compliance 1. The permittee shall comply with Final Effluent Limi.tatlons specified for discharges in accordance with the following schedule: permitted shall comply with Final. Fffluent Limitations by the effective date of the permit. 2. Permi.ttPe shall at: all time-, provide the operation and maintenance necessary to operate the exlst.ing facilities al.. opt:irn,m efficiency. 3. No later than 14 calendar days following a data ident fled in the above schedule of compliance, the permittee shall submit either 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. Part .11 Page 1 of 14 PART II STANDARD CONDITIONS FOR NPDES PERMITS SECTION A. GENERAL CONDITIONS 1. Duty to Comply The permittee must comply with all conditions of this Permit.. Any permit noncompliance constitutes a violation of. the Clean Water. Act and is grounds for enforcement nct:ion; fop permit ter.mi-nation revocation and ri:issuance, oi.mpai.ficaj:ion; or f01 denial ref a. permit: renewal appli.r:at:i�;n. 2. Penalties for Violat_ions_of Perrnii. Conditions Any person who violates a permit condition -is c�-rbject t:o a civil penalty not. to exceed $1.0,000 pex' day of such violation. Any person who willfully or negligently violates a permit condition is gu.i.lt-y 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. Duty_to Mi ti.gate The permittee shn]1 take all reasonable steps to minimize any adverse impact to navigable waters resulting from noncompliance with any effluent limitations specified int:h.i-9 permit, including accelerated or additional monitoring as necessary to determine the nature and impact of the noncomplying discharge. 4. Permit Modification After notice and opportunity for a hearing pursuant to NCGS 143-21.5.1(1)) (2) and NCGS 143-21.5.1(e) respectively, this permit may be modified, suspended, or revoked in whole or in part during its term for cause Including, but not limf.tod to, the following: a• Violat:i_ou of any terms or cnnditi t:,. of t:l;.is pnrur.iY; b. , Obtaining this permit: by m.i.sr.e.pre-sentation or• fr.ji.lure to disclose fully all relevant facts; C. A change in any condition that requires either a temporary or permanent reduction or elimination of the authorized discharge; or d. Info.rmation newly acquired by the Division indicating the discharge poses a threat to human health or welfare. 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 Authority. The submittal of a new application 5 M II P-1r.t U Png(� 2 of 14 may be required of, the permittee. 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 noncompl.lar.c:es, does not stay any permit condition. Toxic Pollutants Notwithstanding Part II, A-4 above, if a toxic effluent .standard or prohibition (includiirg any schedule of Campl:i.;111ce. speci.fi.ed i.11 suet: .off Iuelli: st.anclal.d or prohibition) is established under Section 307(a) of the Ar.t for a toxic pollutant which is present in the discharge, if such standard or protlibit.:ion Ls,-moty str4lgept; ,tbafA any l,im.it6tion for sucli pollutait ill Hli5 per1114t., this permit shall be revised or modif.ied in accordance w.itli tlic� ioxic: effluent standard prohibition and the permittee. so notifi.ed. The permittee shall comply with effluent: standards o1. prohibitions estahlishe(i under Section 307(a) of the Clean Water Act for toxic pol hit.arit.s, wit.tiill the time provided in the regulations that establish those stinidnrds or p.roliibi ti.ons, even if the permit has not yet. been modified to incorporat(,. the .requirement:. Civil and Criminal Liability Except as provided in permit conditions on "Bypassing( (Part 11, B-3) and "Power Failures" (Part II, B-6), nothing in this pe.r.m.it shall hc: construed to relieve the permittee from any responsibilities, l.iabi.li.t:ies, or penalties for noncompliance pursuant to NCGS 143-215.3, 143-215.6 or Section 309 of the Federal Act, 33 USC 131.9. Furthermore, the permittee is re.sponsibl.e for consequential damages, such as fish kills, even though the resporisib.il.ity for effective compliance may be temporarily suspended. Oil. and Hazarcicis Substance Liability Not.-hivg. ii) t)..,is Permit shall bt( ^U;)strncd ttl i L'E:!:111;1C t.ilQ.. ir:st.lt.u'tion o1. ally legal action or rel.i.eve the permittee from any resl>cmsibiiit..ills, liab.i1it.ie-S, or penalt.iec to t:hich the permittee Is or may bo sui;jec-1. t(-) under NGGS 143-21.5.7.5 at seq. or SectioIl 3:1.1. of the Federal Act, 33 iiSC 1321. Furttiermor(�, 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 r l gt) t.s .i n (> i t:her rea l or personal property, or any exclusive privileges, ikor dons. it: authorize any injury to private property or any invasion of persoli;O r. iglu-s, nor any infringement of Federal, State or local laws or regnlaticns. Part: II Page 3 of 14 9. Onshore of 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. 10. Severability The provisions of this permit are severable, and if any provision of this permit, or the application of any provision of this permit, t:o any circumstances, is held i.nvali.d, the application of such provision Lo other circumstances, anti the remainder of this permit, shall. not be affected thereby. 11. Duty to Provide Inf.ormat-i.on The permittee shall furrii.sh to the Permit: Issuing Mit:hor.ity, within a reason - .able time, any information which the Permit Issuing Ant.bority may request to deternlipe ivhethetr car..ise exists for modifying, revoking and reissuing, Ar,' termivaC,ing:Uj.iS permit: or to lel.erminecompliance witht.lt.{ peripi.t, The permittee shall also furnish to the Permit Issuing AuLbOxfty upon requesL, copies of records required to be kept by this permit. SECTION B. OPERATION AND MAINTENANCE OF POLLUTION CONTROLS 1. Proper Operation and Maintenance The permittee shal.l. at all times maintain in good work:i.ng order and operate as efficiently as possible all treatment or control facilities or systems installed or used by the permittee to achieve compliance with the terms and conditions of this permit. 2. 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 a�tivit:y in order to maintain compliance with the condition of this permit. 3. Bypassing Any diversion from or bypass of facilities is prohib=it.ed, 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 prohilAt-i.ons of this permit. All permittees who have such sewer bypasses or overflows of t:lri.s discharge shall submit, not later than six months from Lhrr date of issuance of this permit, detailed data or engineering estimates which identify: a. The .location of each sewer system bypass or overflow; I b. The .fr.ec:cuency, durati-on and quantify of flora from sr-wcr. system by;:a.15s or overflo:a. * ' �t 4. Part II Page 4 of 14 This requirement is waived where infiltration/inflow analyses are scheduled 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. Upsets "Upset" means an exceptional incident in which there is unintentional and temporary noncompliance with technology based permit effluent limitations because of factors beyond the reasonable control of the permit tee. 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. 5. Removed Substances Solids, sludges, filter backwash, or other pollutants removed in the course of treatment or control of wastewaters shall be disposed of in accordance with NCGS 143-215.1 and in a manner such as to prevent any pollutant from such materials from entering waters of the State or navigable waters of the United States. 6. Power Failures The per.mi.ttee is responsible for maintaining adequate safeguards as req».i.rod by DEM Regulation, Title 15, North Carolina Administrative Code, Snbchapt:er 211, .0124 Reliability, to prevent the discharge of untreated or. inadequately Lreate.d wastes during electrical power failures either by means of alternate power sources, standby 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 •, 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. 2. 3 4. Part II Page 5 of 14 Reporting Monitoring results obtained during the previous month(s) shall be summarized for each month and reported on a monthly Discharge Monitoring Report (DMR) Form (DEM No. MR 1, 1.1, 2, 3) or alternative forms approved by the Director, DEM, postmarked no later than the 30th day following the completed reporting period. The first DPIR is due on the last day of the month follnwirig the issuance of the permit or in the case of a new facility, on the last clay of the month following the commencement: of discharge. Duplicate. signed copies of, these, and all. other reports required herein, shall be submitted to the following address: Division of Environmental Management Water Quality Section ATTENTION: Central Files Post Office Box 27687 Raleigh, North Carolina 27611 Flow Measurements Appropriate flow measurement devices and methods consistent with accepted scientific practices shall be selected and used to iilsrfr.e. the Accuracy and reliability bi measur6ments'of the volume of monitored discharges. The devices shall be installed, calibrated and maintained to insure that the accuracy of the measurements are consistent with the accepted capability of that type of device. Devices selected shall be capable of measuring flows with a maximum deviation of less than + 10% from the true discharge rates throughout the range of expected discharge volumes. Once -through condenser cooling water flow which is monitored by pump logs, or pump hour meters as specified in Part I of this permit and based on the manufacturer's pump curves shall not be subject to this requirement. Test Procedures Test procedures for the analysis of pollutants shal.l corrf.c;rm to the EPIC regulations published pursuant to NCGS 143-215.63 et: seq, the Water and Air Quality Reporting Acts, and to regulations published pursuant to Section 304(g), 33 USC 1314, of the Federal Water Pollution Control Act-, as Amended, and Regulation 40 CFR 136. $. Penalties for Tampering The Clean Water Act provides that any person who falsifies, tampers with, or knowingly renders inaccurate, any monitoring device or method required to he maintained under this permit shall, upon convict.i.on, by punished. by a fine of not more than $10,000 per violation, or by imprisonmp.nt for not: more than six months per violation, or by both. 4. Part II Page 6 of 14 6. Records Retention U. 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 Env.i.ronment.al Protection Agency. 7. Recording_ Results For each measurement or sample taken piirsuant to the re:t1l.ii.1-ements oi. this permit, the permittee shall re.coi.d the fullo,.oing in.fo?m3t 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; and d. The results of such analyses. 8. Right of Entry The permittee shall. allow the Director of the Division of Environmental Management, the Regional Administrator, and/or their authorized 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 under the terms and conditions of this permit; and 1). At ro.asonable times t{) b3ve cacc.ess to and copy iiiiy recc:.rds retiLi1r.ed tr, he kept under the terms and conditions of this peralit.; to inspect any monitoring equipment or monitoring method r.erpi fired Ji( this permit; and to sample any discharge of po.11utan.ts. SECTION D. REPORTING REQUIREMENTS 1. Change in Discharge All discharges authorized herein shall be consist.e:nt vJ t.h the terms and conditions of this permit. The discharge of: any polluLant :identified .in this permit more frequently than or at a level in excess of that authorized shall constitute a violation of the perm.i.t. Any anticipated facility expansions, production increases, or process modif.i.,:,ations which will result Part II Page 7 of. 14 in new, different, or increased discharges of pollutants must be reported by submission of a new N11DES application or, if such changes will 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. I 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 of facil.it.ies, which might. necessitate unavoidable interruption of operation and degradation of effluent quality, shall be scheduled during noncritical water quality 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 k:hange .in name, control or ownership of facilities from which the authorized discharge emanates or is contemplated, the permit tee shall notify the prospectve. iowner or controller by letter of the exi.s,tence of. this permit and of the nee^d to obtain a permit in the name of the prospective owner. A copy of the letter shnl.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 on the monitoring of other pollutants not required in this permit by written lioti,f:iegtilon�, ' 5. Averaging, of Measurements Calculations for limitations which .require averaging of measurements shall. utilize an arithmetic mean unless otherwise specified by tlic; 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 clay following the occurrence or first knowledge of the occurrence of any of the following: . 3. A Part 11' Page 8 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, sew!r .line, or t.rea,:rnent fac-ility resulting in a by-pass directly to receiving wagers without treatment of all. or any portion of the influent to such station or facility. d. Any time that self-monitor.iaig information indicates that_ the facility has gone out of compliance with its NPDES permit limitations. Persons reporting such occurrences by telephone shrill also file a written report in letter form within 15 days following first. kttowlodge of the occurrence. 7. Changes in Discharges of Toxic Substances: The permittee shall notify the Permit Issuing Aut.hority as soon as it knows or has reason to believe: a. That any activity has occurred or will occur which world result in the discharge, on a routine or frequent basis, of any tc,x,ic: 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 the highest of the following "notification levels". (1) One hundred micrograms per ]:!ter (100 gag/l); (2) Two hundred micrograms per liter. (200 ug/I.) for ri :ole.ir�. and acry.loni.trile; five hundred micrograms per. liter (500 ug/1) for 2,4-dinitrophenol and for 2-methyl-4,6-diriitrophenol; and one milligram per liter (1 hlg/l) 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 witch 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 I1 and 1.11) which is not limited in the permit, if that discharge will exceed the highest of the following "notification levels": o:A -A I 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 authorization to discharge beyond the expiration date, the permittee shall submit such information, forms, and fees as are required by the agency authorized to issue permits no Later than 180 days prior to the expiration date. Any discharge without: a permit after the expiration will subject the permit:tee to enforcement procedures as provided in NCGS 1'+3-215.5 and 33 USC 1251 et seq. 9. Signatory Requirements All applications, reports, or information submitted to the Permit Issuing Authority shall be signed and certified. a. All permit applications shall be signed as follows: (1) For a corporation: by a responsible corporate officer. For the purpose of this Section, a responsible corporate officer means: (a) a president, secretary; treasurer or vice president of the corporation in charge of a principal business function, or any other person who performs similar policy or decision making functions for the corporation, or (b) the manager of one or more manufacturing production or operating facilities employing more than 250 persons or having gross annual sales or expenditures exceeding 25 million (in second quarter 1980 dollars), if authority to sign documents has been assigned or dclegated to the manager in accordance with corporate procedures. (2) For a partnership or side 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. U. All reports tequired by the'."ermit and other information requested by the Permit Issuing Authority shall be signed by a person described above or by a duly authorized representative of that person. A person is a duly authorized representative only if: (1) The authorization is made in writing by a person described above; (2) The authorization specified either an individual or a position having responsibility for the overall operation of the regulated facility or activity, such as the position of plant manager, operator of a well or 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 riy ingi;.try of tho person or persons who manage the system, or those persons directly responsihlet for gathering the information, the information submitted Is, to the I%est of my knowledge and t. 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 knowing h' makes any false statement, representation, or �.a.rt:if.ic«lion in any rc�coi'd or other document submitted or required to be maintained under this permit., incIiiding monitoring reports or reports of compliance or noncomp.lionce shall, upon conviction, be punished by a fine of not more than Yl0,0)00 pr-.r violation, ter by imprisonment for not more than six months per violation, or by both. SECTION E. DEFINITION 1. Permit Issuing Authority The D}rpctor,pf;tl�6 Division, of En.vironMental Management- 2. DEM or Division Means the Division of Environmental Management, Department of Natural Resources and Community Development. Used herein means th "orth Carolina Environmental Me--ement Commission. 4. Ac:t__or "the Act" The Federal Water Pollution Control Act, also known as tlrc� 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 dur:i.ng 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 .lindtatiou is identified as "Daily Average" or "Monthly Average" in Part I of the permit. b. The "weekly average discharge" is defined as the total mass of all daily discharges sampled and/or measured during the calendar week (Sunday -Saturday) on which daily discharges are sampled and treasured, 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.t-at..ion Is identified as "Weekly Aveinge" Jn Para: 'Y of the perrn:i.t. c. The "maximum daily discharge" is fibs total rrlass (weight) of a pollutant discharged during a calendar day. if on)y v;;e sarr,p�e is taken during any calendar day the weight of poll.utamL calculated from It is the "maximum daily discharge." This limit-ation 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 during, such year.. It is, therefore, an arithmetic mean found by adding the Weights of pollutants found each day of the year and then divJding this sum by the number of days the tests were reported. This 1.JmitatJon is defined as "Annual. Average" irr. Part I of the permit. aaxiy`concentration value is --equal to the concentration of a composite sample or in the case of grab samples is the arithmetic mean (weighted by flow value).of all the samples collected during that: calendar day. The average yearly count for fecal coliform bacteria as the geometric mean of the counts for samples collected during a calendar year.. This limitation is identified as "Annual average" under "Other. Limits" in Part I of the permit. 4, y Part II Page 13 of 14 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 Samples 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 talren 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. 1 F. 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. I Part 11 Page 14 of 14 10. Callendar Day A calendar day is defined as the period from midnight- of one day until midnight of the next day: However, for purposes of this permit, any consecutive 24-hour period that reasonably represents the calendar day may be used for sampling. 11. Hazardous Substance A hazardous substance means any substance designated under 40 CFR Part 116 pursuant to Section 311 of the Clean Water Act. 12. Toxic Pollutant A toxic pollutant is any pollutant Listed as toxic under. Section 307(a)(1) of the Clean Water Act. Y 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 No construc:t-ion of wastewater treatment facilities or. }idditi.or,s thereto shall be begun until. Final Plans and Spec ifi.caticns have been submitted to the Division of Environmental Management and written approval and Authorization to Construct has been issued. C. Certified Operator Pursuant to Chapter 90A of North Carolina General Statutes, the permittee shall employ a certified 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 classIficat..ion assigned to the wastewater treatment facilities. D. Groundwater Monitori.nQ The permittee 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 Reopen e..K This permit: shell be modified or alternatively, revoked and reissued, to comply with any a*Ppli.cable. effluent guideline or water quality standard issued or approved under Sections 302(b) (2) (c), apd. (d), 304.(b) (2), and 307(a) (2) of the Clean Water Act, if the effluent guideline or wager quality standard so issued or approved: 1. contains different conditions or is otherwise- 01017e, 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 paragraph sliall also contain any other requirements in the Act then applicable. Part III Permit No. NC0000175 F. Explanation of Effluent Limitations Page North Carolina Water Quality Standards allow a maximum instream fluoride concentation of 1.8 mg/l. Based on a seven day, ten-year low flow of 38 cfs in the North Toe River at the mouth of Little Bear Creek, a maximum of 754 lbs/day of fluoride can be discharged to the river. At the time of this permit issuance, there are three companies which have, perbdp's,'that allow *the. discharge of fluoride bearing wastewater and a fourth company which has just been issued a permit to discharge wastewater containing fluoride. Three of the four companies have indicated that they will construct or are in the process of constructing new ore production facilities. Because the North Toe River and each facility's wastewater interacts with the other, the following scenarios (Configurations I -VI) were developed based on construction schedules and data submitted by each company. Six effluent limitation pages were developed based on these scenarios. Configuration -I- Unimin Corporation (mica) not producing feldspar or quartz. The Feldspar Corporation operating without the planned high purity quartz facility, Indusmin at current feldspar production and Unimin Corporation (quartz) producting feldspar and high purity quartz at current levels. Configuration --II - Unimin Corporation (mica) not producing feldspar or quartz, the Feldspar Corporation operating with the high pruity quartz facility and Indusmin, Inc. and Unimin Corporation (quartz) as described in I. Configuration -III - Unimin Corporation (mica) producing feldspar and quartz and the other three companies as described in I. Configuration IV - Unimin Corporation (mica) as in III., the Feldspar ----------------- Corporation producing high purity quartz and the other two companies as described in I. Configuration --- V - Unimin Corporation (mica) as in III., the Feldspar Corporation and Indusmin, Inc. producting high purity quartz and Unimin Corporation (quartz) as described in I. Configuration --VI - The Feldspar Corporation, Unimin Corporation (quartz), Indusmin, Inc. and Unimin Corporation (mica) as described in V., and Indusmin, Inc. with a 50% expansion of the feldspar plant. r. + Part III Permit No. NC0000175 G. The Company will notify the Division of Environmental Management and each of the other feldspar mining companies identified below, by certified mail, 90 or more days before any or all changes in production or process which will result in any increase or reduction in the amount of fluoride being discharged to surface waters in accordance with Configurations I -VI as listed in Condition No. F. Regional Supervisor NC Division pf Environmental Management PO Box 370 Asheville,''North Carolina 288002 President Operation Manager The Feldspar Corporation Indusmin, Inc. PO Box 99 PO Box 309 Spruce Pine, NC 28777 Spruce Pine, NC 28777 Operation Manager Operation Manager Unimin Corporation Unimin Corporation Unimin Mica Unimin Quartz PO Box 628 PO Box 545 Spruce Pine, NC 28777 Spruce Pine, NC 28777 On the basis of the company notification, the Division of Environmental Management, Asheville Regional Office will confirm to each company by registered letter sixty (60) days prior to a change in effluent limitations. The letter will state which effluent limitations (configuration) will be applicable and the date they become effective. Each company will be required to comply with the limitations change on the date they become effective. H. Chronic Toxicity Testing Requirement The permittee shall. conduct chronic toxicity tests using Lest: procedures outlined in: 1). The North Carolina Ceriodaphnia chronic effluent bioassay procedure (Nort:h. 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 16% (defined as treatment two in the North Carolina procedure document). The permit holder shall. perform uarter_ly monitoring using this procedure to establish compliance wit:li the permit condition. The first test will. be performed after thirty dam from issuance of this permit during the months of April, July, October, and January. Effluent sampling for this testing shall be performed at the NPDES permitted final effluent discharge below all treatment processes. All Toxicity testing results requited as part of this permit condition will. be entered on the Effluent Discharge Monitoring Form (MR -I) 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: Attention: Techni.c.a.l. Services Branch. North Carolina Division of Environmental Management: P.O. Box 27687 Raleigh, N.C. 27611. 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 clil.orine is employed for disinfection of the waste stream. Should any test data from this monitoring requirementor 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 limits. 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. Part III Permit No. NC0000175 I. In the event that violations of the turbidity standard of the North Carolina Water Quality Standards occur as a result of this discharge, this permit shall be modified, or alternately, revoked and reissued to incorporate limitations sufficient to protect the receiving waters. J. The wastewater treatment facilities shall be properly maintained and operated at all times. K. Diversion or bypassing of untreated wastewater from the treatment facility is prohibited. L. Solids removed or resulting from the wastewater treatment process shall be contained and disposed of in such a manner as to prevent any contamination of the surface waters of the State. M. This permit shall be modified, or revoked and reissued to incorporate new fluoride effluent limitations in the event that acute and chronic bioassay testing or other studies result in a change in the North Carolina Water Quality Standard of fluoride. N. This permit shall be modified, or revoked and reissued to incorporate .nKw ,limitatio�i* in the event that production changes are requested by any of the existing fluoride using industries or should any new fluoride using discharge request to locate on the North Toe River. 0. 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.