NC0000396_Permit Issuance 2004_20040528

1Ar�' Michael F.Easley,Governor
State of North Carolina
'(-15William G. Ross,Jr.,Secretary
r-' 4:7
Department of Environment and Natural Resources
•,7 • Alan W.Klimek, P.E.,Director
Division of Water Quality
May 28, 2004
Mr. William A. Phipps, Plant Manager
Progress Energy Carolinas, Inc.
Asheville Steam Electric Plan
200 CP&L Drive
Arden, North Carolina 28704
Subject: NPDES Permit Issuance
Progress Energy - Asheville
NPDES Permit No. NC0000396
Buncombe County
Dear Mr. Phipps:
Attached to this letter is the final NPDES permit for Progress Energy Carolinas -Asheville
Steam Electric Plant wastewater treatment discharge, NPDES Permit No. NC0000396. This
permit is issued pursuant to the requirements of North Carolina General Statute 143-215.1 and
the Memorandum of Agreement between North Carolina and the U.S. Environmental Protection
Agency dated May 9, 1994.
The Division of Water Quality received your comments, dated April 26, 2004, on the draft
permit. The following chart hgv € 1 rade frp Xhe draft permit, based on those comments
and other issues: 3111fS(JM
• A toxicity reopener condition has been added to the permit [refer to Condition A.(12)]. This
was added based on comments from our review agency, EPA Region IV.
• The selenium speciation condition was inadvertently left out of the draft permit. This was
discussed with Ms. Louise England and has been added as Condition A.(11) in the final
permit.
• The Division understands the need for Progress to initiate plant establishment in the
wetlands prior to the wetlands being used for treatment of the Flue Gas Desulfurization
(FGD) wastewater. It is the Division's approval and understanding that Conditions A.(2)
and A.(5) of the permit apply only after FGD wastewater is routed into the treatment
system. The Division has attempted to clarify when the appropriate limits/conditions
apply.
• The chlorides monitoring is required after the wetlands treatment system is used to treat
the FGD wastewater. The chlorides monitoring has been removed from A.(1).
• At this time, the Division will not reduce the metals and chloride monitoring (for
Conditions A.(2) and A.(5)) from weekly to monthly. A baseline of data for the new
treatment system is needed prior to reduction in monitoring.
• The sample type for flow at Outfall 005 (in Condition A.(5)) should be instantaneous and
has been changed.
• There was a slight error in the toxicity testing percentage under the existing treatment
conditions (Condition A.(1) and A.(8)). This error has been changed to reflect the existing
toxicity testing percentage of 1.4%.
• A compliance schedule for the mercury limit has been established in the permit. The
mercury limit will have to be met one year after commencement of the FGD treatment
system to treat FGD wastewater.
North Carolina Division of Water Quality [phone]
1617 Mail Service Center FAX[phone]
Raleigh,North Carolina 27699-1617 On the Internet at http://h2o.enr.state.nc.us/

Mr. Phipps •
Page 2 •
Progress Energy must inform this office, as well as the Asheville Regional Office, via phone
call and via letter, upon start up of the FGD treatment system to treat FGD wastewater.
Progress Energy may request that the monitoring requirements specified in Conditions
A.(2) and/or A.(5) may be reduced to a lesser frequency after at least one year of data has been
collected. This request may also be initiated during the time of permit renewal for any parameter
and any outfall.
If any parts, measurement frequencies, or sampling requirements contained in this permit
are unacceptable to you, you have the right to an adjudicatory hearing upon written request
within thirty (30) days following receipt of this letter. This request must be in the form of a
written petition, conforming to Chapter 150B of the North Carolina General Statutes, and filed
with the office of Administrative Hearings, Mail Service Center 6714, Raleigh, North Carolina
27699-6714. Unless such a demand is made, this permit shall be final and binding.
Please take notice that this permit is not transferable except after notice to the Division of
Water Quality. The Division of Water Quality may require modification or revocation and
reissuance of the permit.
This permit does not affect the legal requirements to obtain other permits which may be required
by the Division of Water Quality, the Division of Land Resources, the Coastal Area Management Act, or
any other federal or local governmental permit.
If you have any questions regarding the NPDES permit, please contact Susan Wilson at
(919) 733 - 5083, extension 510.
Sincerely,
ORIGINAL SIGNED BY
Mark McIntire
Alan W. Klimek, P.E.
•
cc: Asheville Regional Office/Water Quality Section/ Larry Frost
1S Unit
Louise England Progress Energy
3932 New Hill- Holleman Road
New Hill, NC 27562-0327
Karrie-Jo Shell, EPA Region IV

Permit No. NC0000396
•
STATE OF NORTH CAROLINA
DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES
DIVISION OF WATER QUALITY
PERMIT
TO DISCHARGE WASTEWATER UNDER THE
NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM
In compliance with the provisions of North Carolina General Statute 143-215.1. other lawful standards
and regulations promulgated and adopted by the North Carolina Environmental Management
Commission, and the Federal Water Pollution Control Act, as amended,
Progress Energy Carolinas, Incorporated
is hereby authorized to discharge wastewater from a facility located at the
Asheville Steam Electric Generating Plant
200 CP&L Drive
Arden, North Carolina
Buncombe County
to receiving waters designated as the French Broad River, Lake Julian, and an unnamed tributary to
Powell Creek in the French Broad River Basin in accordance with effluent limitations, monitoring
requirements, and other conditions set forth in Parts I, II, III, and IV hereof.
This permit shall become effective July 1, 2004.
This permit and the authorization to discharge shall expire at midnight on December 31, 2005.
Signed this day May 28, 2004.
ORIGINAL SIGNED BY
Mark McIntire
Alan W. Klimek, P.E., Director
Division of Water Quality
By Authority of the Environmental Management Commission

1
•
SUPPLEMENT TO PERMIT COVER SHEET
Progress Energy Carolinas, Incorporated
All previous NPDES Permits issued to this facility, whether for operation or discharge, are
hereby revoked. (The exclusive authority to operate this facility arises under this permit.
The authority to operate the facility under previously issued permits bearing this number is
no longer effective.] The conditions, requirements, terms and provisions of this permit
authorizing discharge under the NPDES govern discharges from this facility.
is hereby authorized to:
1. Continue to operate the following systems located at Asheville Steam Electric Generating
Plant, 200 CP&L Drive, Arden, Buncombe County:
■ Ash Pond Treatment System (Outfall 001). Outfall 001 discharges directly to the
French Broad River. The ash pond receives ash transport water, coal pile runoff,
storm water runoff, various low volume wastes (such as boiler blowdown, backwash
from the water treatment processes, ash hopper seal water, plant drains), air
preheater cleaning water and chemical metal cleaning wastewater discharged from
Internal Outfall 004 (potentially.
• Once Through Non-Contact Cooling Water System (Outfall 002). This
wastestream is discharged directly to Lake Julian via Outfall 002.
• Chemical Metal Cleaning Treatment System (Internal Outfall 004). This
wastestream may occasionally be discharged via Internal Outfall 004 to the ash
pond treatment system or to the old ash pond (with prior DWQ approval). Generally
chemical metal cleaning wastes are treated by evaporation in boilers.
• Stormwater Discharge System The facility is permitted to discharge stormwater to
Lake Julian and an unnamed tributary to Powell Creek through the following
outfalls:
• Outfalls SW-1. SW-2, and SW-3 - Drainage from the new access road
used to transport coal and oil truck deliveries. Outfalls discharge to
Lake Julian.
• Outfalls SW-4, SW-5, and SW-6 - Drainage from the old access road
used to transport coal and oil truck deliveries. Outfalls SW-4 and
SW-6 discharge to Lake Julian, while SW-5 discharges to an
unnamed tributary to Powell Creek.
2. After receiving an Authorization to Construct permit from the Division of Water Quality,
construct and operate a Flue Gas Desulfurization (FGD) wet scrubber wastewater
treatment system, which will discharge to the secondary settling basin (after the Ash
Pond) via internal Outfall 005 (with ultimate discharge via Outfall 001).
,14:
3. Discharge from said trfeatmerit:worka''and/or outfalls at the locations specified on the
attached map into the French Broad River (via Outfall 001), Lake Julian (via Outfall 002,
SW-1,2,3,4,6), and an unnamed tributary to Powell Creek (via SW-5), which are all
classified as C waters in the French Broad River Basin.

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Latitude: 35°28'02" IL CP&L-Asheville
Longitude: 82°32'56" N Steam Electric Plant
USGS Quad fr: FBNE
River Basin it: 04-03-02 Buncombe County
Receiving Stream: French Broad R.
LakeJulianNC0000396
UT Powell Crk.
Stream Class: C

r .
Permit No. NC0000396
A.(1). EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS
During the period beginning on the effective date of the permit and lasting until the FGD
treatment system is used to treat FGD wastewater, or expiration, the Permittee is authorized to
discharge from Outfall 001 (Ash Pond Treatment System). Such discharges shall be limited
and monitored by the Permittee as specified below:
EFFLttEN1'- •^. - - LIMrt` M 3NI ONING RN WR tNtS
CHARACTERISTICS
Monthly Osity Measurement Sample temple
Aveatage Maximum Frequency Type l� ioni
- Flow Weekly Instantaneous E
- Oil and Grease 15.0 mg/I 20.0 mg/I 2/Month Grab E
— Total Suspended Solids 30.0 mg/I 100.0 mg/1 2/Month Grab E
- pH 6 < pH < 9 Weekly Grab E
• Total Arsenic Monthly Grab E
• Total Selenium Monthly Grab E
Total Copper Monthly Grab _ E
• Total Nitrogen Quarterly Grab E
(NO2+NO3+TKN) .
- Total Phosphorus Quarterly Grab E
Chronic Toxicity2 Quarterly Grab E
•
Notes:
1. Sample locations: E - Effluent.
2. Chronic Toxicity (Ceriodaphnia) at 1.4%; January, April, July, October; See Special
Condition A.(8).
After the FGD treatment system is used to treat FGD wastewater, the effluent limits in
Conditions A.(2) and A.(5) will apply. Should the wetland treatment system be used, Condition
A.(1) applies throughout the period of plant establishment/acclimatization. As soon as FGD
wastewater is routed through the treatment system, Condition A.(2) is applicable.
There shall be no discharge of floating solids or visible foam in other than trace amounts.
There shall be no discharge of polychlorinated biphenyl compounds such as those commonly
used for transformer fluid.

A.(2). EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS
During the period beginning upon commencement of the FGD treatment system to treat FGD
wastewater and lasting until expiration, the Permittee is authorized to discharge from Outfall
001 (Ash Pond Treatment System). Such discharges shall be limited and monitored by the
Permittee as specified below:
EI FLUENT -LA lt5 P _ - MONRO# ING REOUfitta D -
CHARACTERISTICS
Monthly Daily Measurement Sample Sample
Average Maximum Frequency Type1= fit• 1
Flow Weekly Instantaneous E
Oil and Grease 15.0 mg/I 20.0 mg/I 2/Month Grab E
Total Suspended Solids 30.0 mg/I 100.0 mg/I 2/Month Grab E
pH 6 < pH < 9 Weekly Grab E
Total Mercury4 0.63 ugh Weekly Grab E
Total Arsenic Weekly Grab E
Total Beryllium Weekly Grab E
Total Cadmium Weekly Grab E
Total Chlorides Weekly Grab E
Total Chromium Weekly Grab E
Total Copper Weekly Grab E
Total Fluoride Weekly Grab E
Total Lead Weekly Grab E
Total Manganese Weekly Grab E
Total Nickel Weekly Grab E
Total Selenium Weekly Grab E
Total Silver Weekly Grab E
Total Thallium Weekly Grab E
Total Zinc Weekly Grab E
Total Nitrogen Quarterly Grab E
(NO2+NO3+TKN)
Total Phosphorus Quarterly Grab E
Chronic Toxicity2 Quarterly Grab E
Fish Tissue Sampling Annually Footnote 3 Instream
Notes:
1. Sample locations: E - Effluent.
2. Chronic Toxicity (Ceriodaphnia) at 1.9%; January, April, July, October; See Special
Condition A.(9).
3. Fish tissue sampling shall be conducted annually as specified in Condition A.(13).
4. The mercury limit will become effective one year after commencement of the FGD system to
treat FGD wastewater.
After the FGD treatment system is used to treat FGD wastewater, the effluent limits in
Conditions A.(2) and A.(5) will apply. Should the wetland treatment system be used, Condition
A.(1) applies throughout the period of plant establishment/acclimatization. As soon as FGD
wastewater is routed through the treatment system, Condition A.(2) is applicable.
Progress Energy shall inform this office as well as the Asheville Regional Office, via phone call
and via letter, as to when the FGD treatment system will be used to treat FGD wastewater.
There shall be no discharge of floating solids or visible foam in other than trace amounts.
There shall be no discharge of polychlorinated biphenyl compounds such as those commonly
used for transformer fluid.

Permit No. NC0000396
A(3). EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS
During the period beginning on the effective date of the permit and lasting until expiration, the
Permittee is authorized to discharge from Outfall 002 (Once Through Cooling Water). Such
discharges shall be limited and monitored by the Permittee as specified below:
EFFLUENT LIMITS MONITORING REQUIREMENTS
CHARACTERISTICS
Monthly Maximum Measurement Sample Sample
Average Frequency Type Location1
Flow Daily Pump Logs E
Total Residual Chlorine2 200 ugh Daily Grab E
Time of Chlorine Addition2 2 hours Daily Logs
Total Copper Quarterly Grab E
Temperature 44.4°C Daily Recorder E
PH Weekly Grab E
Notes:
1. Sample locations: E - Effluent.
2. Total residual chlorine shall not be discharged from any single generating unit for more
than two hours per day, unless the Permittee demonstrates to the Division of Water Quality
that discharge for more than two hours is required for macroinvertebrate control. The 200
Ag/1 limitation is an instantaneous maximum effluent limitation defined as the value which
shall not be exceeded at any time, and is to be measured during the chlorine release period.
If the chlorine release period is programmed for multiple intervals per day, sampling is
required only during one representative interval per day. Simultaneous multi-unit
chlorination is permitted.
The mixing zone has been defined as all of Lake Julian.
The permittee shall obtain authorization from the Division prior to use of any chemical additive
in the discharge. The permittee shall notify the Director in writing at least ninety (90) days
prior to instituting use of any additional additive in the discharge which may be toxic to
aquatic life (other than additives previously approved by the Division). Such notification shall
include completion of Biocide Worksheet Form 101 (if applicable), a copy of the MSDS for the
additive, and a map indicating the discharge location. There shall be no chromium, zinc, or
copper added to the discharge except as pre-approved additives to biocidal compounds.
There shall be no discharge of polychlorinated biphenyl compounds such as those commonly
used for transformer fluid. There shall be no discharge of floating solids or visible foam in
other than trace amounts.

Permit No. NC0000396
A.(4). EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS
During the period beginning on the effective date of the permit and lasting until expiration, the
Permittee is authorized to discharge from Internal Outfall 004 (Chemical Metal Cleaning
Treatment System). Such discharges shall be limited and monitored by the Permittee as
specified below:
Eiirltaffr ,_ . . x.�. .. . lJMri`S . MONifrali>•iGREQ ENIE S
CHARACTERISTICS
Monthly Daily Measurement Sample Sample
Average Maximum Frequency Type 1-Acdtionl
Flow Per discharge event Instantaneous•
E
Total Copper 1.0 mg/I 1.0 mg/I Per discharge event Grab E
Total Iron 1.0 mg/I 1.0 mg/I Per discharge event Grab E
Notes:
1. Sample locations: E - Effluent, prior to mixing with any other wastestream.
The chemical metal cleaning waste shall be discharged to the new ash pond or old ash pond
(with prior DWQ approval) after pretreatment.
There shall be no discharge of polychlorinated biphenyl compounds such as those commonly
used for transformer fluid. There shall be no discharge of floating solids or visible foam in
other than trace amounts.

A.(5). EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS
During the period beginning upon commencement of the FGD treatment system to treat FGD
wastewater and lasting until expiration. the Permittee is authorized to discharge from Internal
Outfall 005 (treated FGD wet scrubber wastewater). Such discharges shall be limited and
monitored by the Permittee as specified below:
EFFLUENT LIMITS MONITORING REQUIREMENTS
CHARACTERISTICS
Monthly Daily Measurement Sample Sample
Average Maximum Frequency Type Location1
Flow Monthly Instantaneous E
Total Suspended Solids Weekly Grab E
Total Mercury Weekly Grab E
Total Selenium Weekly Grab E
Total Arsenic Weekly Grab E
Total Beryllium Weekly Grab E
Total Cadmium Weekly Grab E
Total Chlorides Weekly Grab E
Total Chromium Weekly Grab E
Total Copper Weekly Grab E
Total Fluoride Weekly Grab E
Total Lead Weekly Grab E
Total Manganese Weekly Grab E
Total Nickel Weekly Grab E
Total Silver Weekly Grab E
Total Zinc Weekly Grab E
Notes:
1. Sample locations: E-Effluent from the constructed wetlands treatment system prior to
discharge to the secondary settling basin.
After the FGD treatment system is used to treat FGD wastewater, the effluent limits in
Conditions A.(2) and A.(5) will apply. Should the wetland treatment system be used, Condition
A.(1) applies throughout the period of plant establishment/acclimatization. As soon as FGD
wastewater is routed through the treatment system, Condition A.(2) is applicable.
Ail flows shall be reported on monthly DMRs. Should no flow occur during a given month, the
words "No Flow" shall be clearly written on the front of the DMR. All samples shall be
representative of the discharge.

Permit No. NC0000396
A(6). STORMWATER LIMITATIONS AND MONITORING REQUIREMENTS/ Analytical
Monitoring
During the period beginning on the effective date of the permit and lasting until expiration, the
Permittee is authorized to discharge stormwater from Outfalls SW-1,2,3 (drainage from new
access road used to transport materials) and Outfalls SW-4,5,6 (drainage from old access road
used to transport materials). Such discharges shall be limited and monitored by the Permittee
as specified below:
T OtiMWATER LIMITS Mdi�ilfib ilNP REQth EMEN'
DISCHARGE
CHARACTERISTICS
Units Cut-off Measurement Sample Sample
Concentration1 Frequency2 Type Location3
Total Flow4 MG Annual SW-3
Total Rainfall4 Inches Annual
Event Duration Minutes Annual
Oil and Grease Mg/I 30.0 Annual Grab SW-3
COD Mg/I 120.0 Annual Grab SW-3
TSS Mg/I 100.0 Annual Grab SW-3
Notes:
1. Cutoff Concentration. For each parameter, the arithmetic mean of all analytical sampling
results collected during the first year of the permit shall be calculated for each individual
outfall and compared to the cut-off concentrations listed. If the arithmetic mean is below
the specified cut-off concentration for a given parameter, then the facility is not required to
continue annual analytical monitoring for that parameter at the outfall during the term of
the permit unless a significant change in facility operations or configuration occurs. If a
cut-off concentration results in discontinued analytical monitoring at an individual
discharge outfall, the permittee is required to maintain facility operations that ensure the
continuation of stormwater runoff quality.
2. Measurement frequency. Once per year. The facility must perform analytical sampling
during the first full year and last year of the permit term regardless of cut-off concentration
conditions. Analytical results from sampling during the final year of the permit term must
be submitted with the permit renewal application. Failure to monitor storm events in
accordance with the specified frequency shall constitute a violation of this permit.
3. Sample Location. Based on the similar nature of these stormwater discharges, the
permittee has been granted representative outfall status. Representative sampling will be
conducted at outfall SW-3.
4. For each sampled representative storm event the total precipitation, storm duration, and
total flow must be monitored. Total flow shall be either: (a) measured continuously, (b)
calculated based on the amount of area draining to the outfall, the amount of build-upon
(impervious) area, and the total amount of rainfall, or (c) estimated by the measurement of
flow at 20 minute intervals during the rainfall event (not to exceed three hours).
For purposes of the stormwater sampling required in this permit, all samples shall be collected
from a discharge resulting from a representative storm event (See Part II, Section A(17)).

Permit No. NC0000396
A(7). STORMWATER MONITORING REQUIREMENTS/ Qualitative Monitoring
Qualitative monitoring requires a qualitative inspection of each stormwater outfall, regardless
of representative outfall status, for the purpose of evaluating the effectiveness of the
Stormwater Pollution Prevention Plan and assessing new sources of stormwater pollution. No
analytical tests are required. Qualitative monitoring of stormwater outfalls does not need to be
performed during a representative storm event.
Stormwater blscharge Measurement Sample
Characterigt_#:s. _ Frequency' 1 9cation2 . .
Color Semi-Annual SDO
Odor Semi-Annual SDO
Clarity Semi-Annual SDO
Floating Solids Semi-Annual SDO
Suspended Solids Semi-Annual SDO
Foam Semi-Annual SDO
Oil Sheen Semi-Annual SDO
Other obvious indicators of stormwater pollution Semi-Annual SDO
Notes:
1. Measurement Frequency. The first qualitative monitoring event during the term of the
permit must be performed during the initial analytical monitoring event. All subsequent
qualitative monitoring will be performed twice per year, once in the spring (April -June)
and once in the fall (September - November).
2. Sample Location: SDO- Stormwater Discharge Outfalls SW-1 through SW-6.

SPECIAL CONDITIONS
A (8). CHRONIC TOXICITY PERMIT LIMIT (QRTRLY)-- Outfall 001 (to French Broad
River)
The effluent discharge shall at no time exhibit observable inhibition of reproduction or
significant mortality to Ceriodaphnia dubia at an effluent concentration of 1.4%. The permit
holder shall perform at a minimum, quarteriq monitoring using test procedures outlined in the
"North Carolina Ceriodaphnia Chronic Effluent Bioassay Procedure," Revised February 1998, or
subsequent versions or "North Carolina Phase II Chronic Whole Effluent Toxicity Test
Procedure" (Revised-February 1998) or subsequent versions. The tests will be performed during
the months of January, April, July, and October. Effluent sampling for this testing shall be
performed at the NPDES permitted final effluent discharge below all treatment processes.
If the test procedure performed as the first test of any single quarter results in a failure or ChV
below the permit limit, then multiple-concentration testing shall be performed at a minimum,
in each of the two following months as described in "North Carolina Phase II Chronic Whole
Effluent Toxicity Test Procedure" (Revised-February 1998) or subsequent versions.
The chronic value for multiple concentration tests will be determined using the geometric mean
of the highest concentration having no detectable impairment of reproduction or survival and
the lowest concentration that does have a detectable impairment of reproduction or survival.
The definition of "detectable impairment," collection methods, exposure regimes, and further
statistical methods are specified in the "North Carolina Phase II Chronic Whole Effluent
Toxicity Test Procedure" (Revised-February 1998) or subsequent versions.
All toxicity testing results required as part of this permit condition will be entered on the
Effluent Discharge Monitoring Form (MR-1) for the months in which tests were performed,
using the parameter code TGP3B for the pass/fail results and THP3B for the Chronic Value.
Completed Aquatic Toxicity Test Forms shall be filed with the Environmental Sciences Branch
no later than 30 days after the end of the reporting period for which the report is made.
Additionally, DWQ Form AT-3 (original) is to be sent to the following address:
Attention: Environmental Sciences Branch
North Carolina Division of Water Quality
1621 Mail Service Center
Raleigh, North Carolina 27699-1621
Test data shall be complete, accurate, include all supporting chemical/physical measurements
and all concentration/response data, and be certified by laboratory supervisor and ORC or
approved designate signature. Total residual chlorine of the effluent toxicity sample must be
measured and reported if chlorine is employed for disinfection of the waste stream.
Should there be no discharge of flow from the facility during a month in which toxicity
monitoring is required, the permittee will complete the information located at the top of the
aquatic toxicity (AT) test form indicating the facility name, permit number, pipe number,
county, and the month/year of the report with the notation of"No Flow" in the comment area
of the form. The report shall be submitted to the Environmental Sciences Branch at the
address cited above.
Should the permittee fail to monitor during a month in which toxicity monitoring is required,
monitoring will be required during the following month. Should any test data from this
monitoring requirement or tests performed by the North Carolina Division of Water Quality
indicate potential impacts to the receiving stream, this permit may be re-opened 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, minimum control organism reproduction, and appropriate
environmental controls, shall constitute an invalid test and will require immediate follow-up
testing to be completed no later than the last day of the month following the month of the
initial monitoring.
A (9). CHRONIC TOXICITY PERMIT LIMIT (QRTRLY)-- Outfall 001 (to French Broad
River)
The effluent discharge shall at no time exhibit observable inhibition of reproduction or
significant mortality to Ceriodaphnia dubia at an effluent concentration of 1.9%. The permit
holder shall perform at a minimum, cluarterlq monitoring using test procedures outlined in the
"North Carolina Cerioclaphnia Chronic Effluent Bioassay Procedure," Revised February 1998, or
subsequent versions or "North Carolina Phase II Chronic Whole Effluent Toxicity Test
Procedure" (Revised-February 1998) or subsequent versions. The tests will be performed during
the months of January, April, July, and October. Effluent sampling for this testing shall be
performed at the NPDES permitted final effluent discharge below all treatment processes.
If the test procedure performed as the first test of any single quarter results in a failure or ChV
below the permit limit, then multiple-concentration testing shall be performed at a minimum,
in each of the two following months as described in "North Carolina Phase II Chronic Whole
Effluent Toxicity Test Procedure" (Revised-February 1998) or subsequent versions.
The chronic value for multiple concentration tests will be determined using the geometric mean
of the highest concentration having no detectable impairment of reproduction or survival and
the lowest concentration that does have a detectable impairment of reproduction or survival.
The definition of "detectable impairment," collection methods, exposure regimes, and further
statistical methods are specified in the "North Carolina Phase II Chronic Whole Effluent
Toxicity Test Procedure" (Revised-February 1998) or subsequent versions.
All toxicity testing results required as part of this permit condition will be entered on the
Effluent Discharge Monitoring Form (MR-1) for the months in which tests were performed,
using the parameter code TGP3B for the pass/fail results and THP3B for the Chronic Value.
Completed Aquatic Toxicity Test Forms shall be filed with the Environmental Sciences Branch
no later than 30 days after the end of the reporting period for which the report is made.
Additionally, DWQ Form AT-3 (original) is to be sent to the following address:
Attention: Environmental Sciences Branch
North Carolina Division of Water Quality
1621 Mail Service Center
Raleigh, North Carolina 27699-1621
Test data shall be complete, accurate, include all supporting chemical/physical measurements
and all concentration/response data, and be certified by laboratory supervisor and ORC or
approved designate signature. Total residual chlorine of the effluent toxicity sample must be
measured and reported if chlorine is employed for disinfection of the waste stream.
Should there be no discharge of flow from the facility during a month in which toxicity
monitoring is required, the permittee will complete the information located at the top of the
aquatic toxicity (Al) test form indicating the facility name, permit number, pipe number,
county, and the month/year of the report with the notation of"No Flow" in the comment area
of the form. The report shall be submitted to the Environmental Sciences Branch at the
address cited above.

Should the permittee fail to monitor during a month in which toxicity monitoring is required,
monitoring will be required during the following month. Should any test data from this
monitoring requirement or tests performed by the North Carolina Division of Water Quality
indicate potential impacts to the receiving stream, this permit may be re-opened 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, minimum control organism reproduction, and appropriate
environmental controls, shall constitute an invalid test and will require immediate follow-up
testing to be completed no later than the last day of the month following the month of the
initial monitoring.
A. (10). SECTION 316(a) THERMAL VARIANCE REAPPLICATION
The thermal variance granted under Section 316(a) terminates on expiration of the NPDES
permit. Should the permittee wish a continuation of its 316(a) thermal variance beyond the
term of this permit, reapplication for such continuation shall be submitted in accordance with
40 CFR Part 125, Subpart H and Section 122.21(m)(6) not later than 180 days prior to permit
expiration. Reapplication shall include a basis for continuation such as a) plant operating
conditions and load factors are unchanged and are expected to remain so for the term of the
reissued permit; b) there are no changes to plant discharges or other discharges in the plant
site area which could interact with the thermal discharges; and c) there are no changes to the
biotic community of the receiving waterbody which would impact the previous variance
determination.
A. (11). SPECIATION OF SELENIUM
The permittee shall speciate selenium to determine the presence of selenite and selenate in the
effluent for Outfall 001. This monitoring shall be conducted monthly (as part of the required
weekly sampling). Selenate and selenite shall be reported as an addendum to the discharge
monitoring report(DMR) form (total selenium is required to be reported on the DMR form). The
percentage of total selenium that each spectated element comprises shall also be reported on
the addendum to the DMR. This information will assist the Division in determining the most
prevalent form for selenium.
A. (12). TOXICITY RE-OPENER CONDITION
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.
A. (13). STORMWATER POLLUTION PREVENTION PLAN
The permittee shall develop a Stormwater Pollution Prevention Plan, herein after referred to as
the Plan, for direct discharges of stormwater to surface waters (i.e., via outfalls SW-1 through
SW-6 located along the vehicle access roads). The Plan shall be considered public information
in accordance with Part II, Section E.10. of this permit. The Plan shall include, at a minimum,
the following items:
a. Site Plan: The site plan shall provide a description of the physical facility and the
potential pollutant sources which may be expected to contribute to contamination of
regulated stormwater discharges. The site plan shall contain the following:

(1) A general location map (USGS quadrangle map, or appropriately drafted
equivalent map), showing the facility's location in relation to transportation
routes and surface waters, and the name of the receiving water(s) to which the
stormwater outfall(s) discharges. If the discharge is to a municipal separate
storm sewer system, the name of the municipality and the ultimate receiving
waters, and accurate latitude and longitude of the point(s) of discharge must be
shown.
(2) Anarrative description of storage practices, loading and unloading activities,
outdoor process areas, dust or particulate generating or control processes, and
waste disposal practices.
(3) A site map (or series of maps) drawn to scale with the distance legend indicating
location of industrial activities (including storage of materials, disposal areas,
process areas, and loading and unloading areas), drainage structures, drainage
areas for each outfall and activities occurring in the drainage area, building
locations and impervious surfaces, the percentage of each drainage area that is
impervious. For each outfall, a narrative description of the potential pollutants
which could be expected to be present in the regulated stormwater discharge.
(4) A list of significant spills or leaks of pollutants that have occurred at the facility
during the 3 previous years and any corrective actions taken to mitigate spill
impacts.
(5) Certification that the stormwater outfalls have been evaluated for the presence
of non-stormwater discharges. The certification statement will be signed in
accordance with the requirements found in Part II, Section B.11.
b. Stormwater Management Plan: The stormwater management plan shall contain a
narrative description of the materials management practices employed which control or
minimize the exposure of significant materials to stormwater, including structural and
non-structural measures. The stormwater management plan, at a minimum, shall
incorporate the following:
(1) A study addressing the technical and economic feasibility of changing the
methods of operations and/or storage practices to eliminate or reduce exposure
of materials and processes to stormwater. Wherever practicable the permittee
should consider covering storage areas, material handling operations,
manufacturing or fueling operations to prevent materials exposure to
stormwater. In areas where elimination of exposure is not practicable, the
stormwater management plan shall document the feasibility of diverting the
stormwater runoff away from areas of potential contamination.
(2) A schedule to provide secondary containment for bulk storage of liquid
materials, storage of Section 313 of Title III of the Superfund Amendments and
Reauthorization Act (SARA) water priority chemicals, or storage of hazardous
materials to prevent leaks and spills from contaminating stormwater runoff. If
the secondary containment devices are connected directly to stormwater
conveyance systems, the connection shall be controlled by manually activated
valves or other similar devices [which shall be secured with a locking
mechanism] and any stormwater that accumulates in the containment area
shall be at a minimum visually observed prior to release of the accumulated
stormwater. Accumulated stormwater shall be released if found to be
uncontaminated. Records documenting the individual making the observation,
the description of the accumulated stormwater and the date and time of the
release shall be kept for a period of five years.

(3) A narrative description of Best Management Practices (BMPs) to be considered
such as, but not limited to, oil and grease separation, debris control, vegetative
filter strips, infiltration and stormwater detention or retention, where necessary.
The need for structural BMPs shall be based on the assessment of potential of
sources contributing significant quantities of pollutants to stormwater
discharges and data collected through monitoring of stormwater discharges.
(4) Inspection schedules of stormwater conveyances and controls and measures to
be taken to limit or prevent erosion associated with the stormwater systems.
c. Spill Prevention and Response Plan: The Spill Prevention and Response Plan shall
incorporate a risk assessment of potential pollutant sources based on a materials
inventory of the facility. Facility personnel (or team) responsible for implementing the
plan shall be identified in the plan. A responsible person shall be on-site at all times
during facility operations that have the potential to contaminate stormwater runoff
through spills or exposure of materials associated with the facility operations.
d. Preventative Maintenance and Good Housekeeping Program: A preventative
maintenance program shall be developed. The program shall document schedules of
inspections and maintenance activities of stormwater control systems, plant equipment
and systems. Inspection of material handling areas and regular cleaning schedules of
these areas shall be incorporated into the program.
e. Training schedules shall be developed and training provided at a minimum on an
annual basis on proper spill response and cleanup procedures and preventative
maintenance activities for all personnel involved in any of the facility's operations that
have the potential to contaminate stormwater runoff. Facility personnel (or team)
responsible for implementing the training shall be identified in the plan.
f. The Stormwater Pollution Prevention Plan shall identify a specific position(s) responsible
for the overall coordination, development, implementation, and revision to the Plan.
Responsibilities for all components of the Plan shall be documented and position(s)
assignments provided.
g. Plan Amendment: The permittee shall amend the Plan whenever there is a change in
design, construction, operation, or maintenance which has a significant effect on the
potential for the discharge of pollutants via a point source to surface waters. The
Stormwater Pollution Prevention Plan shall be reviewed and updated on an annual
basis.
The director may notify the permittee when the Plan does not meet one or more of the
minimum requirements of the permit. Within 30 days of such notice, the permittee
shall submit a time schedule to the Director for modifying the Plan to meet minimum
requirements. The permittee shall provide certification in writing (in accordance with
Part III, Standard Conditions, Section B.11.) to the Director that the changes have been
made.
h. Facility Inspections: Inspections of the facility and all stormwater systems shall occur
at a minimum on a semiannual schedule, once in the fall (September - November) and
once during the spring (April - June). The inspection and any subsequent maintenance
activities performed shall be documented, recording date and time of inspection,
individual(s) making the inspection and a narrative description of the facility's
stormwater control systems, plant equipment and systems. Records of these
inspections shall be incorporated into the Stormwater Pollution Prevention Plan.
Visual monitoring as required in A.(7) Stormwater Monitoring Requirements/Qualitative
Monitoring shall be performed in addition to facility inspections.

Implementation: Implementation of the Plan shall include documentation of all
monitoring, measurements, inspections, maintenance activities and training provided to
employees, including the log of the sampling data. Activities taken to implement BMPs
associated with the industrial activities, including vehicle maintenance activities, must
also be recorded. All required documentation shall be kept on-site for a period of five
years and made available to the Director or his authorized representative immediately
upon request.
A. (14). STORMWATER MINIMUM MONITORING AND REPORTING REQUIREMENTS
Minimum monitoring and reporting requirements are as follows unless otherwise approved in
writing by the Director of the Division of Water Quality:
a. If a facility has multiple discharge locations with substantially identical stormwater
discharges that are required to be sampled, the permittee may petition the Director for
representative outfall status. If it is established that the stormwater discharges are
substantially identical and the permittee is granted representative outfall status, then
sampling requirements may be performed at a reduced number of outfalls.
b. Visual monitoring for color, odor, solids, foam, outfall staining, visible sheens and dry
weather flow shall be performed at all stormwater discharge outfall locations. All visual
monitoring shall be documented and records maintained with the Stormwater Pollution
Prevention Plan. The initial visual monitoring event shall be performed simultaneously
with the first analytical monitoring event and documentation of only this initial visual
monitoring event shall be submitted along with the required analytical monitoring
submittal.
c. For purposes of the stormwater sampling required in this permit, all samples shall be
collected from a discharge resulting from a representative storm event (See definitions
in Part II, Section A). Failure to monitor storm events in accordance with the specified
frequency shall constitute a violation of this permit. If the stormwater runoff is
controlled by a detention pond, the following sampling requirements shall apply:
(1) If the detention pond detains the runoff generated by one inch of rainfall for 24
hours, visual observations for color, foam, outfall staining, visible sheens and
dry weather flow are required, but analytical sampling shall not be required.
(2) If the detention pond discharges only in response to a storm event exceeding a
25-year, 24-hour storm, the pond shall be considered a non-discharging
stormwater control system and not subject to NPDES requirements, unless the
discharge causes a violation of water quality standards.
d. Samples analyzed in accordance with the terms of this permit shall be submitted on
forms approved by the Director no later than January 31 for the previous year in which
sampling was required to be performed.
e. Analytical results from sampling during the final year of the permit term shall be
submitted with the permit renewal application.
f. This permit regulates stormwater discharges associated with industrial activity. Non-
stormwater discharges which shall be allowed in the stormwater conveyance system
are:

(1) All other discharges that are authorized by an NPDES permit.
f
(2) Foundation drains, air-conditioner condensate without added chemicals.
springs, waterline and fire hydrant flushing, water from footing drains, flows
from riparian habitats and wetlands, fire-fighting training and fire system
testing.
(3) Discharges resulting from fire-fighting.
g. If the storm event monitored and reported in accordance with this permit coincides with
a non-stormwater discharge, the permittee shall separately monitor and report all
parameters as required under the non-stormwater portion of this permit and provide
this information with the stormwater discharge monitoring report.
A. (15). FISH TISSUE SAMPLING
Progress Energy shall conduct fish tissue sampling for Mercury on an annual basis. The fish
tissue sampling plan shall be approved by the Division's Environmental Sciences Branch prior
to commencement of sampling.

PART 1
(continued)
Section B. Schedule of Compliance
1. The permittee shall comply with 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
unless specified below.
2. Permittee shall at all times provide the operation and maintenance necessary to operate the
existing facilities at optimum efficiency.
3. No later than 14 calendar days following a date identified 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 II
STANDARD CONDITIONS FOR NPDES PERMITS
SECTION A. DEFINITIONS
1. Permit Issuing Authority
The Director of the Division of Water Quality.
2. DWQ or "the Division"
Means the Division of Water Quality, Department of Environment, Health and Natural
Resources.
3. EMC
Used herein means the North Carolina Environmental Management Commission.
4. Act or "the Act"
The Federal Water Pollution Control Act, also known as the Clean Water Act, as amended,
33 USC 1251, et. seq.
5. Mass/Day Measurements
a. The "monthly average discharge" is defined as the total mass of all daily discharges
sampled and/or measured during a calendar month on which daily discharges are
sampled and measured, divided by the number of daily discharges sampled and/or
measured during such month. It is therefore, an arithmetic mean found by adding the
weights of the pollutant found each day of the month and then dividing this sum by the
number of days the tests were reported. The limitation is identified as "Monthly
Average" in Part I of the permit.
b. The "weekly average discharge" is defined as the total mass of all daily discharges
sampled and/or measured during the calendar week (Sunday - Saturday) on which
daily discharges are sampled and measured, divided by the number of daily discharges
sampled and/or measured during such week. It is, therefore, an arithmetic mean

found by adding the weights of pollutants found each day of the week and then dividing
this sum by the number of days the tests were reported. This limitation is identified as
"Weekly Average" in Part I of the permit.
c. The "maximum daily discharge" is the total mass (weight) of a pollutant discharged
during a calendar day. If only one sample is taken during any calendar day the weight
of pollutant calculated from it is the "maximum daily discharge." This limitation is
identified as "Daily Maximum," in Part I of the permit.
d. The "average annual discharge" is defined as the total mass of all daily discharges
sampled and/or measured during the calendar year on which daily discharges are
sampled and measured, divided by the number of daily discharges sampled and/or
measured during such year. It is, therefore, an arithmetic mean found by adding the
weights of pollutants found each day of the year and then dividing this sum by the
number of days the tests were reported. This limitation is defined as "Annual Average"
in Part I of the permit.
6. Concentration Measurement
a. The "average monthly concentration," other than for fecal coliform bacteria, is the sum
of the concentrations of all daily discharges sampled and/or measured during a
calendar month on which daily discharges are sampled and measured, divided by the
number of daily discharges sampled and/or measured during such month (arithmetic
mean of the daily concentration values). The daily concentration value is equal to the
concentration of a composite sample or in the case of grab samples is the arithmetic
mean (weighted by flow value) of all the samples collected during that calendar day.
The average monthly count for fecal coliform bacteria is the geometric mean of the
counts for samples collected during a calendar month. This limitation is identified as
"Monthly Average" under "Other Limits" in Part I of the permit.
b. The "average weekly concentration," other than for fecal coliform bacteria, is the sum of
the concentrations of all daily discharges sampled and/or measured during a calendar
week (Sunday/Saturday) on which daily discharges are sampled and measured divided
by the number of daily discharges sampled and/or measured during such week
(arithmetic mean of the daily concentration values). The daily concentration value is
equal to the concentration of a composite sample or in the case of grab samples is the
arithmetic mean (weighted by flow value) of all the samples collected during that
calendar day. The average weekly count for fecal coliform bacteria is the geometric
mean of the counts for samples collected during a calendar week. This limitation is
identified as"Weekly Average" under "Other Limits" in Part I of the permit.
c. The "maximum daily concentration" is the concentration of a pollutant discharge during
a calendar day. If only one sample is taken during any calendar day the concentration
of pollutant calculated from it is the "Maximum Daily Concentration". It is identified as
"Daily Maximum" under "Other Limits" in Part I of the permit.
d. The "average annual concentration," other than for fecal coliform bacteria, is the sum of
the concentrations of all daily discharges sampled and/or measured during a calendar
year on which daily discharges are sampled and measured divided by the number of
daily discharges sampled and/or measured during such year (arithmetic mean of the
daily concentration values). The daily concentration value is equal to the concentration
of a composite sample or in the case of grab samples is the arithmetic mean (weighted
by flow value) of all the samples collected during that calendar day . The average yearly
count for fecal coliform bacteria is the geometric mean of the counts for samples
collected during a calendar year. This limitation is identified as "Annual Average" under
"Other Limits" in Part I of the permit.

•
e. The "daily average concentration" (for dissolved oxygen) is the minimum allowable
amount of dissolved oxygen required to be available in the effluent prior to discharge
averaged over a calendar day. If only one dissolved oxygen sample is taken over a
calendar day, the sample is considered to be the "daily average concentration" for the
discharge. It is identified as "daily average" in the text of Part I.
f. The "quarterly average concentration" is the average of all samples taken over a
calendar quarter. It is identified as "Quarterly Average Limitation" in the text of Part I of
the permit.
g. A calendar quarter is defined as one of the following distinct periods: January through
March, April through June, July through September, and October through December.
7. Other Measurements
a. Flow, (MGD): The flow limit expressed in this permit is the 24 hours average flow,
averaged monthly. It is determined as the arithmetic mean of the total daily flows
recorded during the calendar month.
b. An "instantaneous flow measurement" is a measure of flow taken at the time of
sampling, when both the sample and flow will be representative of the total discharge.
c. A "continuous flow measurement" is a measure of discharge flow from the facility which
occurs continually without interruption throughout the operating hours of the facility.
Flow shall be monitored continually except for the infrequent times when there may be
no flow or for infrequent maintenance activities on the flow device.
8. Types of Samples
a. Composite Sample: A composite sample shall consist of:
(1) a series of grab samples collected at equal time intervals over a 24 hour period of
discharge and combined proportional to the rate of flow measured at the time of
individual sample collection, or
(2) a series of grab samples of equal volume collected over a 24 hour period with the
time intervals between samples determined by a preset number of gallons passing
the sampling point. Flow measurement between sample intervals shall be
determined by use of a flow recorder and totalizer, and the present gallon interval
between sample collection fixed at no greater than 1/24 of the expected total daily
flow at the treatment system, or
(3) a single, continuous sample collected over a 24 hour period proportional to the rate
of flow.
In accordance with (1) above, the time interval between influent grab samples shall be
no greater than once per hour, and the time interval between effluent grab samples
shall be no greater than once per hour except at wastewater treatment systems having
a detention time of greater than 24 hours. In such cases, effluent grab samples may be
collected at time intervals evenly spaced over the 24 hour period which are equal in
number of hours to the detention time of the system in number of days. However, in no
case may the time interval between effluent grab samples be greater than six (6) hours
nor the number of samples less than four (4) during a 24 hour sampling period.
b. Grab Sample: Grab samples are individual samples collected over a period of time not
exceeding 15 minutes; the grab sample can be taken manually. Grab samples must be
representative of the discharge or the receiving waters.

9. Calculation of Means
•
a Arithmetic Mean: The arithmetic mean of any set of values is the summation of the
individual values divided by the number of individual values.
b. Geometric Mean: The geometric mean of any set of values is the Nth root of the product
of the individual values where N is equal to the number of individual values. The
geometric mean is equivalent to the antilog of the arithmetic mean of the logarithms of
the individual values. For purposes of calculating the geometric mean, values of zero
(0) shall be considered to be one (1).
c. Weighted by Flow Value: Weighted by flow value means the summation of each
concentration times its respective flow divided by the summation of the respective flows.
10. Calendar Day
A calendar day is defined as the period from midnight of one day until midnight of the next
day. However, for purposes of this permit, any consecutive 24-hour period that reasonably
represents the calendar day may be used for sampling.
11. Hazardous Substance
A hazardous substance means any substance designated under 40 CFR Part 116 pursuant
to Section 311 of the Clean Water Act.
12. Toxic Pollutant
A toxic pollutant is any pollutant listed as toxic under Section 307(a)(1) of the Clean Water
Act.
13. Best Management Practices (BMPs)
Schedules of activities, prohibitions of practices, maintenance procedures, and other management
practices to prevent or reduce the pollution of waters of the United States. BMPs also include
treatment requirements, operation procedures, and practices to control plant site runoff, spillage
or leaks, sludge or waste disposal, or drainage from raw material storage.
14. Bulk Storage of Liquid Products
Liquid raw materials (excluding water), manufactured products, waste materials or by-products
with a single above ground storage container having a capacity of greater than 660 gallons or with
multiple above ground storage containers having a total storage capacity of greater than 1,320
gallons.
15. Coal Pile Runoff
The rainfall runoff from or through any coal storage pile.
16. Landfill
A disposal facility or part of a disposal facility where waste is placed in or on land and which is not
a land treatment facility, a surface impoundment, an injection well, a hazardous waste long-term
storage facility or a surface storage facility.
17. Representative Storm Event
A storm event that measures greater than 0.1 inches of rainfall and that is preceded by at least 72
hours in which no storm event measuring greater than 0.1 inches has occurred. A single storm
event may contain up to 10 consecutive hours of no precipitation. For example. if it rains for 2
hours without producing any collectable discharge, and then stops, a sample may be collected if a
rain producing a discharge begins again within the next 10 hours.

18. Runoff Coefficient
The fraction of total rainfall that is not infiltrated into or otherwise retained by the soil, concrete,
asphalt or other surface upon which it falls that will appear at the conveyance as runoff.
19. Secondary Containment
Spill containment for the contents of the single largest tank within the containment structure plus
sufficient freeboard to allow for the 25-year, 24-hour storm event.
20. Section 313 Water Priority Chemical
A chemical or chemical category which:
a. Is listed in 40 CFR 372.65 pursuant to Section 313 of Title III of the Superfund Amendments
and Reauthorization Act (SARA) of 1986, also titled the Emergency Planning and Community
Right-to-Know Act of 1986:
b. Is present at or above threshold levels at a facility subject to SARA title III, Section 313
reporting requirements; and
c. That meet at least one of the following criteria:
(1) Is listed in appendix D of 40 CFR part 122 on either Table II (organic priority pollutants),
Table III (certain metals, cyanides, and phenols) or Table IV (certain toxic pollutants and
hazardous substances);
(2) Is listed as a hazardous substance pursuant to section 311(b)(2)(A) of the CWA at 40 CFR
116.4; or
(3) Is a pollutant for which EPA has published acute or chronic water quality criteria.
21. Significant Materials
Includes, but is not limited to: raw materials; fuels; materials such as solvents, detergents, and
plastic pellets; finished materials such as metallic products; raw materials used in food processing
or production; hazardous substances designated under section 101(14) of CERCLA; any chemical
the facility is required to report pursuant to section 313 of Title III of SARA; fertilizers; pesticides;
and waste products such as ashes, slag and sludge that have the potential to be released with
stormwater discharges.
22. Significant Spills
Includes, but is not limited to: releases of oil or hazardous substances in excess of reportable
quantities under section 311 of the Clean Water Act (Ref: 40 CFR 110.10 and CFR 117.21) or
section 102 of CERCLA(Ref: 40 CFR 302.4).
23. Stormwater Runoff
The flow of water which results from precipitation and which occurs immediately following rainfall
or as a result of snowmelt.
24. Stormwater Associated with Industrial Activity
The discharge from any point source which is used for collecting and conveying stormwater and
which is directly related to manufacturing, processing or raw material storage areas at an
industrial site. The term does not include discharges from facilities or activities excluded from the
NPDES program.

The following categories of facilities are considered to be engaging in "industrial
activity":
a. Facilities subject to stormwater effluent limitations guidelines, new source performance
standards, or toxic pollutant effluent standards under 40 CFR Subchapter N, Parts 400-471
(except facilities which are exempted under (k) of this definition);
b. Facilities classified as Standard Industrial Classifications 24 (except 2434), 26 (except 265 and
267), 28, 29, 30, 311, 32, 33, 3441, 373;
c. Facilities classified as Standard Industrial Classifications 10 through 14 (mineral industry)
including active or inactive mining operations (except for areas of coal mining operations
meeting the definition of a reclamation area under 40 CFR 434.11(1)) and oil and gas
exploration, production, processing, or treatment operations, or transmission facilities that
discharge stormwater contaminated by contact with or that has come in contact with, any
overburden, raw material, intermediate products, finished products, byproducts or waste
products located on the site of such operations; inactive mining operations are mining sites
that are not being actively mined, but which have an identifiable owner/operator;
d. Hazardous waste treatment, storage, or disposal facilities, including those that are operating
under interim status or a permit under Subtitle C of RCRA;
e. Landfills, land application sites, and open dumps that receive or have received any industrial
wastes (waste that is received from any of the facilities described under this definition)
including those that are subject to regulation under Subtitle D of RCRA;
f. Facilities involved in the recycling of materials, including metal scrapyards, battery reclaimers,
salvage yards and automobile junkyards, including but limited to those classified as Standard
Industrial Classification 5015 and 5093;
g. Steam electric power generating facilities, including coal handling sites;
h. Transportation facilities classified as Standard Industrial Classifications 40, 41, 42, 44, and 45
which have vehicle maintenance shops, equipment cleaning operations, or airport deicing
operations. Only those portions of the facility that are either involved in vehicle maintenance
(including vehicle rehabilitation, mechanical repairs, painting, fueling and lubrication),
equipment cleaning operations, airport deicing operations, or which are otherwise identified
under (a)-(g) or (i)-(k) of this definition are associated with industrial activity;
i. Treatment works treating domestic sewage or any other sewage sludge or wastewater treatment
device or system, used in the storage treatment, recycling, and reclamation of municipal or
domestic sewage, including lands dedicated to the disposal of sewage sludge that are located
within the confines of the facility, with a design flow of 1.0 mgd or more, or required to have an
approved pretreatment program under 40 CFR part 403. Not included are farm lands,
domestic gardens or lands used for sludge management where sludge is beneficially reused
and which are not physically located in the confines of the facility, or areas that are in
compliance with section 405 of the CWA;
j. Construction activity including clearing, grading and excavation activities except: operations
that result in the disturbance of less that five acres of total land area which are not part of a
larger common plan of development or sale;
k. Facilities under Standard Industrial Classifications 20, 21, 22, 23, 2434, 25, 265, 267, 27,
283, 285, 30, 31 (except 311), 323, 34 (except 3441), 35, 36, 37 (except 373), 38, 39, 4221-25,
(and which are not otherwise included within (a)-(j) of this definition).

For the categories of industries identified in (a) through (j) of this definition the term includes, but
is not limited to, stormwater discharges from industrial plant yards; immediate access roads and
rail lines used or traveled by carriers of raw materials, manufactured products, waste material, or
by-products used or created by the facility; material handling sites; refuse sites; sites used for the
application or disposal of process wastewaters; sites used for the storage and maintenance of
material handling equipment; sites used for residual treatment, storage, or disposal; shipping and
receiving areas; manufacturing buildings; storage areas (including tank farms) for raw materials,
and intermediate and finished products; and areas where industrial activity has taken place in the
past and significant materials remain and are exposed to stormwater. For the categories of
industries identified in (k), the term includes only stormwater discharges from all areas listed in
the previous sentence (except access roads) where material handling equipment or activities, raw
material, intermediate products, final products, waste material, by-products, or industrial
machinery are exposed to stormwater.
Material handling activities include the: storage, loading and unloading, transportation, or
conveyance of any raw material, intermediate product, finished product, by-product or waste
product. The term excludes areas located on plant lands separated from the plant's industrial
activities, such as office buildings and accompanying parking lots as long as the drainage from the
excluded areas is not mixed with stormwater drained from the above described areas.
Industrial facilities (including industrial facilities that are Federally or municipally owned or
operated that meet the description of the facilities listed in (a)-(k)) include those facilities
designated under 40 CFR 122.26(a)(1)(v).
25. Ten Year Design Storm
The precipitation event of a duration which will produce the maximum peak rate of runoff for the
watershed of interest resulting from a rainfall event of an intensity expected to be equaled or
exceeded, on the average, once in ten years.
26.Total Flow
The flow corresponding to the time period over which the sample collection occurs. The total flow
calculated based on the size of the area draining to the outfall, the amount of the built-upon
(impervious) surfaces within the drainage area, and the total amount of rainfall occurring during
the sampling period.
27. Vehicle Maintenance Activity
Vehicle rehabilitation, mechanical repairs, painting, fueling, lubrication, vehicle cleaning
operations, or airport deicing operations.
28.Visible Sedimentation
Solid particulate matter, both mineral and organic, that has been or is being transported by water,
air, gravity, or ice from its site of origin which can be seen with the unaided eye.
29. Waste Pile
Any non-containerized accumulation of solid, non-flowing waste that is used for treatment or
storage.

SECTION B. GENERAL CONDITIONS
1. Duty to Comply
The permittee must comply with all conditions of this permit. Any permit noncompliance
constitutes a violation of the Clean Water Act and is grounds for enforcement action; for
permit termination, revocation and reissuance, or modification; or denial of a permit
renewal application.
a. The permittee shall comply with effluent standards or prohibitions established under
section 307(a) of the Clean Water Act for toxic pollutants and with standards for sewage
sludge use or disposal established under section 405(d) of the Clean Water Act within
the time provided in the regulations that establish these standards or prohibitions or
standards for sewage sludge use or disposal, even if the permit has not yet been
modified to incorporate the requirement.
b. The Clean Water Act provides that any person who violates a permit condition is subject
to a civil penalty not to exceed $25,000 per day for each violation. Any person who
negligently violates any permit condition is subject to criminal penalties of $2,500 to
$25,000 per day of violation, or imprisonment for not more than 1 year, or both. Any
person who knowingly violates permit conditions is subject to criminal penalties of
$5,000 to $50,000 per day of violation, or imprisonment for not more than 3 years, or
both. Also, any person who violates a permit condition may be assessed an
administrative penalty not to exceed $10,000 per violation with the maximum amount
not to exceed $125,000. [Ref: Section 309 of the Federal Act 33 U.S.C. 1319 and 40
CFR 122.41 (a)]
c. Under state law, a civil penalty of not more than ten thousand dollars ($10,000) per
violation may be assessed against any person who violates or fails to act in accordance
with the terms, conditions, or requirements of a permit. [Ref: North Carolina General
Statutes § 143-215.6A]
d. Any person may be assessed an administrative penalty by the Administrator for
violating section 301, 302, 306, 307, 308, 318, or 405 of the Act, or any permit
condition or limitation implementing any of such sections in a permit issued under
section 402 of the Act. Administrative penalties for Class I violations are not to exceed
$10,000 per violation, with the maximum amount of any Class I penalty assessed not to
exceed $25,000. Penalties for Class II violations are not to exceed $10,000 per day for
each day during which the violation continues, with the maximum amount of any Class
II penalty not to exceed $125,000.
2. Duty to Mitigate
The permittee shall take all reasonable steps to minimize or prevent any discharge or
sludge use or disposal in violation of this permit which has a reasonable likelihood of
adversely affecting human health or the environment.
3. Civil and Criminal Liability
Except as provided in permit conditions on "Bypassing" (Part II, C-4) and "Power Failures"
(Part II, C-7), nothing in this permit shall be construed to relieve the permittee from any
responsibilities, liabilities, or penalties for noncompliance pursuant to NCGS 143-215.3, 143-
215.6 or Section 309 of the Federal Act, 33 USC 1319. Furthermore, the permittee is
responsible for consequential damages, such as fish kills, even though the responsibility for
effective compliance may be temporarily suspended.

4. Oil and Hazardous Substance Liability
Nothing in this permit shall be construed to preclude the institution of any legal action or
relieve the permittee from any responsibilities, liabilities, or penalties to which the
permittee is or may be subject to under NCGS 143-215.75 et seq. or Section 311 of the
Federal Act, 33 USG 1321. Furthermore, the permittee is responsible for consequential
damages, such as fish kills, even though the responsibility for effective compliance may be
temporarily suspended.
5. Property Rights
The issuance of this permit does not convey any property rights in either real or personal
property, or any exclusive privileges, nor does it authorize any injury to private property or
any invasion of personal rights, nor any infringement of Federal, State or local laws or
regulations.
6. Onshore or Offshore Construction
This permit does not authorize or approve the construction of any onshore or offshore
physical structures or facilities or the undertaking of any work in any navigable waters.
7. Severability
The provisions of this permit are severable, and if any provision of this permit, or the
application of any provision of this permit to any circumstances, is held invalid, the
application of such provision to other circumstances, and the remainder of this permit,
shall not be affected thereby.
8. Duty to Provide Information
The permittee shall furnish to the Permit Issuing Authority, within a reasonable time, any
information which the Permit Issuing Authority may request to determine whether cause
exists for modifying, revoking and reissuing, or terminating this permit or to determine
compliance with this permit. The permittee shall also furnish to the Permit Issuing
Authority upon request, copies of records required to be kept by this permit.
9. Duty to Reapply
If the permittee wishes to continue an activity regulated by this permit after the expiration
date of this permit, the permittee must apply for and obtain a new permit.
10. Expiration of Permit
The permittee is not authorized to discharge after the expiration date. In order to receive
automatic authorization to discharge beyond the expiration date, the permittee shall
submit such information, forms, and fees as are required by the agency authorized to issue
permits no later than 180 days prior to the expiration date. Any permittee that has not
requested renewal at least 180 days prior to expiration, or any permittee that does not have
a permit after the expiration and has not requested renewal at least 180 days prior to
expiration, will subject the permittee to enforcement procedures as provided in NCGS 143-
215.6 and 33 USC 1251 et. seq.
11. Signatory Requirements
All applications, reports, or information submitted to the Permit Issuing Authority shall be
signed and certified.
a. All permit applications shall be signed as follows:
(1) For a corporation: by a responsible corporate officer. For the purpose of this
Section, a responsible corporate officer means: (a) a president, secretary, treasurer
or vice president of the corporation in charge of a principal business function, or
any other person who performs similar policy or decision making functions for the
corporation, or (b) the manager of one or more manufacturing production or
operating facilities employing more than 250 persons or having gross annual sales

or expenditures exceeding 25 million (in second quarter 1980 dollars), if authority to
sign documents has been assigned or delegated to the manager in accordance with
corporate procedures.
(2) For a partnership or sole proprietorship: by a general partner or the proprietor,
respectively; or
(3) For a municipality, State, Federal, or other public agency: by either a principal
executive officer or ranking elected official.
b. All reports required by the permit and other information requested by the Permit
Issuing Authority shall be signed by a person described above or by a duly authorized
representative of that person. A person is a duly authorized representative only if:
(1) The authorization is made in writing by a person described above;
(2) The authorization specified either an individual or a position having responsibility
for the overall operation of the regulated facility or activity, such as the position of
plant manager, operator of a well or well field, superintendent, a position of
equivalent responsibility, or an individual or position having overall responsibility
for environmental matters for the company. (A duly authorized representative may
thus be either a named individual or any individual occupying a named position.);
and
(3)The written authorization is submitted to the Permit Issuing Authority.
c. Certification. Any person signing a document under paragraphs a. or b. of this section
shall make the following certification:
"I certify, under penalty of law, that this document and all attachments were prepared
under my direction or supervision in accordance with a system designed to assure that
qualified personnel properly gather and evaluate the information submitted. Based on
my inquiry of the person or persons who manage the system, or those persons directly
responsible for gathering the information, the information submitted is, to the best of
my knowledge and belief, true, accurate, and complete. I am aware that there are
significant penalties for submitting false information, including the possibility of fines
and imprisonment for knowing violations."
12. Permit Actions
This permit may be modified, revoked and reissued, or terminated for cause. The filing of a
request by the permittee for a permit modification, revocation and reissuance, or
termination, or a notification of planned changes or anticipated noncompliance does not
stay any permit condition.
13. Permit Modification, Revocation and Reissuance, or Termination
The issuance of this permit does not prohibit the permit issuing authority from reopening
and modifying the permit, revoking and reissuing the permit, or terminating the permit as
allowed by the laws, rules, and regulations contained in Title 40, Code of Federal
Regulations, Parts 122 and 123; Title 15A of the North Carolina Administrative Code,
Subchapter 2H .0100; and North Carolina General Statute 143-215.1 et. al.
14. Previous Permits
All previous National Pollutant Discharge Elimination System Permits issued to this facility,
whether for operation or discharge, are hereby revoked by issuance of this permit. [The
exclusive authority to operate this facility arises under this permit. The authority to
operate the facility under previously issued permits bearing this number is no longer
effective. ) The conditions, requirements, terms, and provisions of this permit authorizing
discharge under the National Pollutant Discharge Elimination System govern discharges
from this facility.

SECTION C. OPERATION AND MAINTENANCE OF POLLUTION CONTROLS
1. Certified Operator
Pursuant to Chapter 90A-44 of North Carolina General Statutes, and upon classification of
the facility by the Certification Commission, the permittee shall employ a certified
wastewater treatment plant operator in responsible charge (ORC) of the wastewater
treatment facilities. Such operator must hold a certification of the grade equivalent to or
greater than the classification assigned to the wastewater treatment facilities by the
Certification Commission. The permittee must also employ a certified back-up operator of
the appropriate type and any grade to comply with the conditions of Title 15A NCAC
Chapter 8G .0200. The ORC of the facility must visit each Class I facility at least weekly
and each Class II, III, and IV facility at least daily, excluding weekends and holidays, and
must properly manage and document daily operation and maintenance of the facility and
must comply with all other conditions of Title 15A, NCAC Chapter 8G .0200. Once the
facility is classified, the permittee shall submit a letter to the Certification Commission
which designates the operator in responsible charge within thirty days after the wastewater
treatment facilities are 50% complete.
2. Proper Operation and Maintenance
The permittee shall at all times properly operate and maintain all facilities and systems of
treatment and control (and related appurtenances) which are installed or used by the
permittee to achieve compliance with the conditions of this permit. Proper operation and
maintenance also includes adequate laboratory controls and appropriate quality assurance
procedures. This provision requires the operation of back-up or auxiliary facilities or
similar systems which are installed by a permittee only when the operation is necessary to
achieve compliance with the conditions of the permit.
3. Need to Halt or Reduce not a Defense
It shall not be a defense for a permittee in an enforcement action that it would have been
necessary to halt or reduce the permitted activity in order to maintain compliance with the
condition of this permit.
4. Bypassing of Treatment Facilities
a. Definitions
(1) "Bypass" means the intentional diversion of waste streams from any portion of a
treatment facility including the collection system, which is not a designed or
established or operating mode for the facility.
(2) "Severe property damage" means substantial physical damage to property, damage
to the treatment facilities which causes them to become inoperable, or substantial
and permanent loss of natural resources which can reasonably be expected to occur
in the absence of a bypass. Severe property damage does not mean economic loss
caused by delays in production.
b. Bypass not exceeding limitations.
The permittee may allow any bypass to occur which does not cause effluent limitations
to be exceeded, but only if it also is for essential maintenance to assure efficient
operation. These bypasses are not subject to the provisions of Paragraphs c. and d. of
this section.
c. Notice
(1) Anticipated bypass. If the permittee knows in advance of the need for a bypass, it
shall submit prior notice, if possible at least ten days before the date of the bypass;
including an evaluation of the anticipated quality and affect of the bypass.
(2) Unanticipated bypass. The permittee shall submit notice of an unanticipated bypass
as required in Part II, E. 6. of this permit. (24 hour notice).

d. Prohibition of Bypass
(1) Bypass is prohibited and the Permit Issuing Authority may take enforcement action
against a permittee for bypass. unless:
(A) Bypass was unavoidable to prevent loss of life, personal injury or severe property
damage;
(B) There were no feasible alternatives to the bypass, such as the use of auxiliary
treatment facilities, retention of untreated wastes or maintenance during normal
periods of equipment downtime. This condition is not satisfied if adequate backup
equipment should have been installed in the exercise of reasonable engineering
judgment to prevent a bypass which occurred during normal periods of equipment
downtime or preventive maintenance; and
(C) The permittee submitted notices as required under Paragraph c. of this section.
(2) The Permit Issuing Authority may approve an anticipated bypass, after considering
its adverse affects, if the Permit Issuing Authority determines that it will meet the
three conditions listed above in Paragraph d. (1) of this section.
5. Upsets
a. Definition.
"Upset " means an exceptional incident in which there is unintentional and temporary
noncompliance with technology based permit effluent limitations because of factors
beyond the reasonable control of the permittee. An upset does not include
noncompliance to the extent caused by operational error, improperly designed
treatment facilities, inadequate treatment facilities, lack of preventive maintenance, or
careless or improper operation.
b. Effect of an upset.
An upset constitutes an affirmative defense to an action brought for noncompliance
with such technology based permit effluent limitations if the requirements of paragraph
c. of this condition are met. No determination made during administrative review of
claims that noncompliance was caused by upset, and before an action for
noncompliance, is final administrative action subject to judicial review.
c. Conditions necessary for a demonstration of upset.
A permittee who wishes to establish the affirmative defense of upset shall demonstrate,
through properly signed, contemporaneous operating logs, or other relevant evidence
that:
(1) An upset occurred and that the permittee can identify the cause(s) of the upset;
(2) The permittee facility was at the time being properly operated; and
(3) The permittee submitted notice of the upset as required in Part II, E. 6. (b) (B) of
this permit.
(4) The permittee complied with any remedial measures required under Part II, B. 2. of
this permit.
d. Burden of proof.
In any enforcement proceeding the permittee seeking to establish the occurrence of an
upset has the burden of proof.
6. Removed Substances
Solids, sludges, filter backwash, or other pollutants removed in the course of treatment or
control of wastewaters shall be utilized/disposed of in accordance with NCGS 143-215.1 and
in a manner such as to prevent any pollutant from such materials from entering waters of
the State or navigable waters of the United States. The permittee shall comply with all
existing federal regulations governing the disposal of sewage sludge. Upon promulgation of

40 CFR Part 503, any permit issued by the Permit Issuing Authority for the
utilization/disposal of sludge may be reopened and modified, or revoked and reissued, to
incorporate applicable requirements at 40 CFR Part 503. The permittee shall comply with
applicable 40 CFR Part 503 Standards for the Use and Disposal of Sewage Sludge (when
promulgated) within the time provided in the regulation, even if the permit is not modified
to incorporate the requirement. The permittee shall notify the Permit Issuing Authority of
any significant change in its sludge use or disposal practices.
7. Power Failures
The permittee is responsible for maintaining adequate safeguards as required by DWQ
Regulation, Title 15A, North Carolina Administrative Code, Subchapter 2H, .0124 Reliability,
to prevent the discharge of untreated or inadequately treated wastes during electrical power
failures either by means of alternate power sources, standby generators or retention of
inadequately treated effluent.
SECTION D. 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. 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 (DWQ No. MR
1, 1.1, 2, 3) or alternative forms approved by the Director, DWQ, postmarked no later than
the 30th day following the completed reporting period.
The first DMR is due on the last day of the month following the issuance of the permit or in
the case of a new facility, on the last day of the month following the commencement of
discharge. Duplicate signed copies of these, and all other reports required herein, shall be
submitted to the following address:
NC DENR / DWQ/Water Quality Section
ATTENTION: Central Files
1617 Mail Service Center
Raleigh, North Carolina 27699-1617
3. Flow Measurements
Appropriate flow measurement devices and methods consistent with accepted scientific
practices shall be selected and used to ensure the accuracy and reliability of measurements
of the volume of monitored discharges. The devices shall be installed, calibrated and
maintained to ensure that the accuracy of the measurements 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
monitored by pump logs, or pump hour meters as specified in Part I of this permit and
based on the manufacturer's pump curves shall not be subject to this requirement.

4. Test Procedures
Test procedures for the analysis of pollutants shall conform to the EMC regulations
published pursuant to NCGS 143-215.63 et. seq, the Water and Air Quality Reporting Acts,
and to regulations published pursuant to Section 304(g), 33 USC 1314, of the Federal
Water Pollution Control Act, as Amended, and Regulation 40 CFR 136; or in the case of
sludge use or disposal, approved under 40 CFR 136, unless otherwise specified in 40 CFR
503, unless other test procedures have been specified in this permit.
To meet the intent of the monitoring required by this permit, all test procedures must
produce minimum detection and reporting levels that are below the permit discharge
requirements and all data generated must be reported down to the minimum detection or
lower reporting level of the procedure. If no approved methods are determined capable of
achieving minimum detection and reporting levels below permit discharge requirements,
then the most sensitive (method with the lowest possible detection and reporting level)
approved method must be used.
5. Penalties for Tampering
The Clean Water Act provides that any person who falsifies, tampers with, or knowingly
renders inaccurate, any monitoring device or method required to be maintained under this
permit shall, upon conviction, be punished by a fine of not more than $10,000 per violation,
or by imprisonment for not more than two years per violation, or by both. If a conviction of
a person is for a violation committed after a first conviction of such person under this
paragraph, punishment is a fine of not more than $20,000 per day of violation, or by
imprisonment of not more than 4 years, or both.
6. Records Retention
Except for records of monitoring information required by this permit related to the
permittee's sewage sludge use and disposal activities, which shall be retained for a period of
at least five years (or longer as required by 40 CFR 503), the permittee shall retain records
of all monitoring information, including all calibration and maintenance records and all
original strip chart recordings for continuous monitoring instrumentation, copies of all
reports required by this permit, for a period of at least 3 years from the date of the sample,
measurement, report or application. This period may be extended by request of the
Director at any time.
7. Recording Results
For each measurement or sample taken pursuant to the requirements of this permit, the
permittee shall record the following information:
a. The date, exact place, and time of sampling or measurements;
b. The individual(s) who performed the sampling or measurements;
c. The date(s) analyses were performed;
d. The individual(s) who performed the analyses;
e. The analytical techniques or methods used; and
f. The results of such analyses.
8. Inspection and Entry
The permittee shall allow the Director, or an authorized representative (including an
authorized contractor acting as a representative of the Director), upon the presentation of
credentials and other documents as may be required by law, to;
a. Enter upon the permittee's premises where a regulated facility or activity is located or
conducted, or where records must be kept under the conditions of this permit;
b. Have access to and copy, at reasonable times, any records that must be kept under the
conditions of this permit;

c. Inspect at reasonable times any facilities, equipment (including monitoring and control
equipment), practices, or operations regulated or required under this permit; and
d. Sample or monitor at reasonable times, for the purposes of assuring permit compliance
or as otherwise authorized by the Clean Water Act, any substances or parameters at
any location.
SECTION E. REPORTING REQUIREMENTS
1. Change in Discharge
All discharges authorized herein shall be consistent with the terms and conditions of this
permit. The discharge of any pollutant identified in this permit more frequently than or at
a level in excess of that authorized shall constitute a violation of the permit.
2. Planned Changes
The permittee shall give notice to the Director as soon as possible of any planned physical
alterations or additions to the permitted facility. Notice is required only when:
a. The alteration or addition to a permitted facility may meet one of the criteria for
determining whether a facility is a new source in 40 CFR Part 122.29 (b); or
b. The alteration or addition could significantly change the nature or increase the quantity
of pollutants discharged. This notification applies to pollutants which are subject
neither to effluent limitations in the permit, nor to notification requirements under 40
CFR Part 122.42 (a) (1).
c. The alteration or addition results in a significant change in the permittee's sludge use
or disposal practices, and such alternation, addition or change may justify the
application of permit conditions that are different from or absent in the existing permit,
including notification of additional use or disposal sites not reported during the permit
application process or not reported pursuant to an approved land application plan.
3. Anticipated Noncompliance
The permittee shall give advance notice to the Director of any planned changes in the
permitted facility or activity which may result in noncompliance with permit requirements.
4. Transfers
This permit is not transferable to any person except after notice to the Director. The
Director may require modification or revocation and reissuance of the permittee and
incorporate such other requirements as may be necessary under the Clean Water Act.
5. Monitoring Reports
Monitoring results shall be reported at the intervals specified elsewhere in this permit.
a. Monitoring results must be reported on a Discharge Monitoring Report (DMR) (See Part
II. D. 2 of this permit) or forms provided by the Director for reporting results of
monitoring of sludge use or disposal practices.
b. If the permittee monitors any pollutant more frequently than required by the permit,
using test procedures specified in Part II, D. 4. of this permit or in the case of sludge
use or disposal, approved under 40 CFR 503, or as specified in this permit, the results
of this monitoring shall be included in the calculation and reporting of the data
submitted in the DMR
c. Calculations for all limitations which require averaging of measurements shall utilize an
arithmetic mean unless otherwise specified by the Director in the permit.

6. Twenty-four Hour Reporting
a. The permittee shall report to the central office or the appropriate regional office any
noncompliance which may endanger health or the environment. Any information shall
be provided orally within 24 hours from the time the permittee became aware of the
circumstances. A written submission shall also be provided within 5 days of the time
the permittee becomes aware of the circumstances. The written submission shall
contain a description of the noncompliance, and its cause; the period of noncompliance,
including exact dates and times, and if the noncompliance has not been corrected, the
anticipated time it is expected to continue; and steps taken or planned to reduce,
eliminate, and prevent reoccurrence of the noncompliance.
b. The following shall be included as information which must be reported within 24 hours
under this paragraph:
(1) Any unanticipated bypass which exceeds any effluent limitation in the permit.
(2) Any upset which exceeds any effluent limitation in the permit.
(3) Violation of a maximum daily discharge limitation for any of the pollutants listed by
the Director in the permit to be reported within 24 hours.
c. The Director may waive the written report on a case-by-case basis for reports under
paragraph b. above of this condition if the oral report has been received within 24
hours.
7. Other Noncompliance
The permittee shall report all instances of noncompliance not reported under Part II. E. 5
and 6. of this permit at the time monitoring reports are submitted. The reports shall
contain the information listed in Part II. E. 6. of this permit.
8. Other Information
Where the permittee becomes aware that it failed to submit any relevant facts in a permit
application, or submitted incorrect information in a permit application or in any report to
the Director, it shall promptly submit such facts or information.
9. Noncompliance Notification
The permittee shall report by telephone to either the central office or the appropriate
regional office of the Division as soon as possible, but in no case more than 24 hours or on
the next working day following the occurrence or first knowledge of the occurrence of any of
the following:
a. Any occurrence at the water pollution control facility which results in the discharge of
significant amounts of wastes which are abnormal in quantity or characteristic, such as
the dumping of the contents of a sludge digester; the known passage of a slug of
hazardous substance through the facility; or any other unusual circumstances.
b. Any process unit failure, due to known or unknown reasons, that render the facility
incapable of adequate wastewater treatment such as mechanical or electrical failures of
pumps, aerators, compressors, etc.
c. Any failure of a pumping station, sewer line, or treatment facility resulting in a by-pass
directly to receiving waters without treatment of all or any portion of the influent to
such station or facility.
Persons reporting such occurrences by telephone shall also file a written report in letter
form within 5 days following first knowledge of the occurrence.

10. Availability of Reports
Except for data determined to be confidential under NCGS 143-215.3(a)(2) or Section 308 of
the Federal Act, 33 USC 1318, all reports prepared in accordance with the terms shall be
available for public inspection at the offices of the Division of Water Quality. As required by
the Act, effluent data shall not be considered confidential. Knowingly making any false
statement on any such report may result in the imposition of criminal penalties as provided
for in NCGS 143-215.1(b)(2) or in Section 309 of the Federal Act.
11. Penalties for Falsification of Reports
The Clean Water Act provides that any person who knowingly makes any false statement,
representation, or certification in any record or other document submitted or required to be
maintained under this permit, including monitoring reports or reports of compliance or
noncompliance shall, upon conviction, be punished by a fine of not more than $10,000 per
violation, or by imprisonment for not more than two years per violation, or by both.
PART III
OTHER REQUIREMENTS
•
A. Construction
No construction of wastewater treatment facilities or additions to add to the plant's
treatment capacity or to change the type of process utilized at the treatment plant shall be
begun until Final Plans and Specifications have been submitted to the Division of Water
Quality and written approval and Authorization to Construct has been issued.
B. Groundwater Monitoring
The permittee shall, upon written notice from the Director of the Division of Water Quality,
conduct groundwater monitoring as may be required to determine the compliance of this
NPDES permitted facility with the current groundwater standards.
C. Changes in Discharges of Toxic Substances
The permittee shall notify the Permit Issuing Authority as soon as it knows or has reason to
believe:
a. That any activity has occurred or will occur which would result in the discharge, on a
routine or frequent basis, of any toxic pollutant which is not limited in the permit, if that
discharge will exceed the highest of the following "notification levels";
(1) One hundred micrograms per liter (100 µg/L);
(2)Two hundred micrograms per liter (200 µg/L) for acrolein and acrylonitrile; five hundred
micrograms per liter (500 µg/L) for 2.4-dinitrophenol and for 2-methyl-4.6-
dinitrophenol; and one milligram per liter (1 mg/L) for antimony;
(3) Five (5) times the maximum concentration value reported for that pollutant in the
permit application.
b. That any activity has occurred or will occur which would result in any discharge, on a non-
routine or infrequent basis, of a toxic pollutant which is not limited in the permit, if that
discharge will exceed the highest of the following"notification levels";
(1) Five hundred micrograms per liter (500 µg/L);
(2) One milligram per liter (1 mg/L) for antimony;
(3) Ten (10) times the maximum concentration value reported for that pollutant in the
permit application.

PART IV
ANNUAL ADMINISTERING AND COMPLIANCE MONITORING FEE
REQUIREMENTS
Section A. Fee Requirements
1. The permittee must pay the annual administering and compliance monitoring fee within
30 (thirty) days after being billed by the Division. Failure to pay the fee in a timely
manner in accordance with 15A NCAC 2H .0105(b)(4) may cause this Division to initiate
action to revoke the permit.

•
Re: Progress Asheville
•
Subject: Re: Progress Asheville
From: [e-mail]
Date: Tue, 25 May 2004 10:34:10 -0400
To: Susan Wilson <[e-mail]>
One year is OK.
What is the total time for construction for the scrubber?
Karrie-Jo Robinson-Shell, P.E.
Susan Wilson
<susan.a.wilson@n To: Karrie-Jo Shell/R4/USEPA/US@EPA
cmail.net> cc:
Subject: Progress Asheville
05/25/2004 10:25
AM
Karrie-Jo,
I'm in the process of finalizing Progress Asheville's permit (NC0000396)
- this is the one with the modification to include the FGD scrubber
wastewater. They are getting a mercury limit and have requested a
lengthy compliance schedule. Because this is a new limit for this
outfall and they will have a new treatment system associated with this
wastewater, we're inclined to give them a 1 year compliance schedule
(meaning they would have to monitor for one year after they begin using
the new treatment system, then the limit would kick in).
Is this OK by you guys? Thanks much.
Susan
1 of 1 5/25/2004 11:13 AM

Re:Asheville scrubber wastewater question
•
Subject: Re: Asheville scrubber wastewater question
From: Susan Wilson <[e-mail]>
Date: Tue, 18 May 2004 09:12:31 -0400
To: "England, Louise" <[e-mail]>
Louise,
With only a 40% RE for selenium, there is an increased risk for approaching the WQ limit
(as I'm sure you're aware). This changes the scenario significantly, because the predicted
value does become higher than the chronic allowable (the 263 ug/1). Progress would
receive a limit of 263 ug/1 for selenium (and there would be no lee-way for the speciation).
We did not impose a limit based on the acute value with the other scenario (mostly because
the predicted level fell below the allowable level and we chose not to impose a limit based
on the acute level of 56 ug/1 because of the speciation issue).
So, bottom line is - Progress would receive a limit of 263 ug/1 (for total selenium) and we'd
still require the speciation to determine potential acute effects. With the other scenario
(and a predicted 85% RE) - Progress would not receive a limit for total selenium at this time
(but would be required to do the speciation).
Call me if we need to discuss.
Susan
England, Louise wrote:
Susan,
I have a question for you related to the Asheville scrubber wastewater. We have recently received some
preliminary quotes for engineering and construction of the wetlands at Asheville. Because Asheville is a small
plant the costs of the wetlands does not compare well with the costs associated with engineering and
construction of conventional treatment for selenium and mercury. We have also had further conversations with
the vendors of the conventional treatment system and the removal efficiency for selenium is 40%-not 80%
which is what we had first been told. If we do decide to install the conventional treatment with a 40% removal
efficiency, I am assuming that we would continue to have the same permit limit for selenium of 263 ppb since it
is based on the IWC which will change slightly-as long as we perform selenite and selenate analyses of the
discharge. Is this correct?
Is the permit still on track to be final at the end of this month?
Thanks,
Louise England
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