NC0000311_Permit (Issuance)_20230210 (2)

Permit NC0000311
STATE OF NORTH CAROLINA
DEPARTMENT OF ENVIRONMENTAL QUALITY
DIVISION OF WATER RESOURCES
PERMIT
TO DISCHARGE WASTEWATER UNDER THE
NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM
In compliance with the provision of North Carolina General Statute 143-215.1, other lawful
standards and regulations promulgated and adopted by the North Carolina Environmental
Management Commission, and the Federal Water Pollution Control Act, as amended,
M-B Industries, Inc.
is hereby authorized to discharge wastewater from a facility located at the
M-B Industries Wastewater Treatment Plant
U.S. Highway 64
West of Rosman
Transylvania County
to receiving waters designated as the West Fork French Broad River in the French
Broad River Basin
in accordance with effluent limitations, monitoring requirements, and other
applicable conditions set forth in Parts I, II, III and IV hereof.
This permit shall become effective March 1, 2023.
This permit and authorization to discharge shall expire at midnight on February 28, 2028.
Signed this day February 10, 2023.
DocuSigned by:
57287E56E81A4OD...
Richard E. Rogers Jr., Director
Division of Water Resources
By Authority of the Environmental Management Commission
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Permit NC0000311
SUPPLEMENT TO PERMIT COVER SHEET
All previous NPDES Permits issued to this facility, whether for operation or discharge are hereby
revoked. As of this permit issuance, any previously issued permit bearing this number is no longer
effective. Therefore, the exclusive authority to operate and discharge from this facility arises under
the permit conditions, requirements, terms, and provisions included herein.
M-B Industries is hereby authorized to:
1. Continue to operate an existing 0.030 MGD physical/chemical treatment facility
for the treatment of metal fabrication wastewater (outfall 001), discharge non -
contact cooling water (outfall 002), and groundwater remediation (outfall 003)
from facilities located at M-B Industries, Inc., U.S. Highway 64, west of Rosman
in Transylvania County, and
2. Discharge from said treatment works at the location specified on the attached
map into West Fork French Broad River, which is classified B-Trout HQW waters
in the French Broad River Basin.
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Permit NC0000311
Part I
A. (1.) EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS
[15A NCAC 02B .0400 et seq., 02B .0500 et seq.]
During the period beginning on the effective date of this permit and lasting until permit expiration, the Permittee
is authorized to discharge from Outfall 001 - METAL FINISHING. Such discharges shall be limited and
monitored4 by the Permittee as specified below:
EFFLUENT
CHARACTERISTICS
LIMITS
MONITORING REQUIREMENTS
Monthly Average
Daily Maximum
Measurement
Frequency
Sample Type
Sample Location
Flow
0.030 MGD
Weekly
Instantaneous
Influent or Effluent
pH
Between 6.0 and 9.0 S.U.
Weekly
Grab
Effluent
Total Suspended Solids
31.0 mg/L
60.0 mg/L
2/Month
Grab
Effluent
Oil and Grease
26.0 mg/L
52.0 mg/L
2/Month
Grab
Effluent
Temperature (°C)1
Weekly
Grab
Effluent,
Upstream,
Downstream
Total Toxic Organics (TTO)2
2.13 mg/L
Monthly
Grab
Effluent
Acute Toxicity3
Quarterly
Grab
Effluent
Total Cadmium
0.26 mg/L
0.69 mg/L
Quarterly
Grab
Effluent
Total Chromium
1.71 mg/L
2.77 mg/L
Monthly
Grab
Effluent
Total Nickel
2.38 mg/L
3.98 mg/L
Quarterly
Grab
Effluent
Total Copper
2.07 mg/L
3.38 mg/L
Quarterly
Grab
Effluent
Total Cyanide
0.65 mg/L
1.20 mg/L
Quarterly
Grab
Effluent
Total Lead
0.43 mg/L
0.69 mg/L
Quarterly
Grab
Effluent
Total Silver
0.24 mg/L
0.43 mg/L
Quarterly
Grab
Effluent
Total Zinc
1.48 mg/L
2.61 mg/L
Quarterly
Grab
Effluent
Notes:
1. The temperature of the effluent shall be such as not to cause an increase in the temperature
of the receiving stream of more than 0.50C and in no case cause the ambient water
temperature to exceed 200C.
2. In lieu of monitoring for TTO, the permittee may submit the following certification statement:
Based on my inquiry of the person or persons directly responsible for managing compliance
with the permit limitation for total toxic organics, I certify that, to the best of my knowledge
and belief, no dumping of concentrated toxic organics into the wastewater has occurred since
the filing of the last discharge monitoring report.
3. Whole Effluent Toxicity shall be assessed using the Acute Toxicity (Fathead Minnow)
Pass/Fail at 90% test. See part A. (4.).
4. The permittee shall submit Discharge Monitoring Reports electronically using NC DWR's
eDMR application system. Please See Special Condition A. (7.).
There shall be no discharge of floating solids or foam visible in other than trace
amounts.
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Permit NC00003 11
A. (2.) EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS
[15A NCAC 02B .0400 et seq., 02B .0500 et seq.]
During the period beginning on the effective date of this permit and lasting until expiration, the
Permittee is authorized to discharge from Outfall 002 - NON -CONTACT COOLING WATER ONLY.
Such discharges shall be limited and monitored3 by the Permittee as specified below:
EFFLUENT
CHARACTERISTICS
LIMITS
MONITORING REQUIREMENTS
Monthly Average
Daily Maximum
Measurement
Frequency
Sample Type
Sample
Location1
Flow
Semi-annually
Estimate
Effluent
Temperature, oC1
Semi-annually
Grab
Effluent
Total Residual Chlorine2
17 µg/L
Semi-annually
Grab
Effluent
pH
Between 6.0 and 9.0 S.U.
Quarterly
Grab
Effluent
Notes:
1. The temperature of the effluent shall be such as not to cause an increase in the temperature
of the receiving stream of more than 0.50C and in no case cause the ambient water
temperature to exceed 20°C.
2. Total Residual Chlorine monitoring and limit applies only if chlorine is added to the treatment
system. The Division shall consider all effluent total residual chlorine values reported below
50 pg/L to be in compliance with the permit. However, the Permittee shall continue to record
and submit all values reported by a North Carolina certified laboratory (including field
certified), even if these values fall below 50 µg/L.
3. The permittee shall submit Discharge Monitoring Reports electronically using NC DWR's
eDMR application system. Please See Special Condition A. (7.).
The permittee shall obtain authorization from the Division of Water Resources prior to
utilizing any biocide in the cooling water.
THERE SHALL BE NO CHROMIUM, ZINC, OR COPPER ADDED TO THE COOLING
WATER EXCEPT AS PRE -APPROVED ADDITIVES TO BIOCIDAL COMPOUNDS
There shall be no discharge of floating solids or visible foam in other than trace
amounts.
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Permit NC0000311
A. (3.) EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS
[15A NCAC 02B .0400 et seq., 02B .0500 et seq.]
During the period beginning on the effective date of this permit and lasting until expiration, the Permittee is
authorized to discharge from Outfall 003 - GROUNDWATER REMEDIATION. Such discharges shall be limited
and monitored2 by the Permittee as specified below:
EFFLUENT
CHARACTERISTICS
LIMITS
MONITORING REQUIREMENTS
Monthly
Average
Weekly
Average
Daily
Maximum
Measurement
Frequency
Sample
Type
Sample
Location
Flow
0.10 MGD
Continuous
Recording
Effluent
Cis-1,2 dichloroethene, pg/L
Quarterly
Grab
Effluent
Trichloroethene, pg/L
Quarterly
Grab
Effluent
Tetrachloroethene, pg/L
Quarterly
Grab
Effluent
Total Chromium
Quarterly
Grab
Effluent
Chronic Toxicity1
Quarterly
Grab
Effluent
pH
Between 6.0 and 9.0 S.U.
Weekly
Grab
Effluent
Notes:
1. Whole Effluent Toxicity shall be assessed using the Chronic Toxicity at 0.55% test. See part
A. (5.).
2. The permittee shall submit Discharge Monitoring Reports electronically using NC DWR's
eDMR application system. Please See Special Condition A. (7.).
There shall be no discharge of floating solids or visible foam in other than trace
amounts.
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Permit NC0000311
A. (4.) ACUTE TOXICITY PASS/FAIL LIMIT (Quarterly)
[15A NCAC 02B .0200 et seq.]
The permittee shall conduct acute toxicity tests on a quarterly basis using protocols defined in the
North Carolina Procedure Document entitled "Pass/Fail Methodology for Determining Acute Toxicity
In A Single Effluent Concentration" (Revised December 2010, or subsequent versions). The
monitoring shall be performed as a Fathead Minnow (Pimephales promelas) 24 hour static test. The
effluent concentration at which there may be at no time significant acute mortality is 90% (defined
as treatment two in the procedure document). Effluent samples for self -monitoring purposes must be
obtained during representative effluent discharge below all waste treatment. The tests will be
performed during the months of March, June, September and December.
All toxicity testing results required as part of this permit condition will be entered on the Effluent
Discharge Monitoring Form (MR-1) for the month in which it was performed, using the parameter
code TGE6C. Additionally, DWR Form AT-2 (original) is to be sent to the following address:
Attention: North Carolina Division of Water Resources
Water Sciences Section
1621 Mail Service Center
Raleigh, North Carolina 27699-1621
Or, results can be sent to the email, [e-mail].
Completed Aquatic Toxicity Test Forms shall be filed with the Water Sciences Section no later than
30 days after the end of the reporting period for which the report is made.
Test data shall be complete and accurate and include all supporting chemical/physical
measurements performed in association with the toxicity tests, as well as all dose/response data.
Total residual chlorine of the effluent toxicity sample must be measured and reported if chlorine is
employed for disinfection of the waste stream.
Should 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 Section at the address cited above.
Should any single quarterly monitoring indicate a failure to meet specified limits, then monthly
monitoring will begin immediately until such time that a single test is passed. Upon passing, this
monthly test requirement will revert to quarterly in the months specified above.
Should the permittee fail to monitor during a month in which toxicity monitoring is required, then
monthly monitoring will begin immediately until such time that a single test is passed. Upon
passing, this monthly test requirement will revert to quarterly in the months specified above.
Should any test data from either these monitoring requirements or tests performed by the North
Carolina Division of Water Resources 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 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.
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Permit NC0000311
A. (5.) CHRONIC TOXICITY LIMIT (Quarterly)
[15A NCAC 02B .0200 et seq.]
The effluent discharge shall at no time exhibit observable inhibition of reproduction or significant
mortality to Ceriodaphnia dubia at an effluent concentration of 0.55%.
The permit holder shall perform at a minimum, quarterlu monitoring using test procedures outlined
in the "North Carolina Ceriodaphnia Chronic Effluent Bioassay Procedure," (Revised December 2010,
or subsequent versions) or "North Carolina Phase II Chronic Whole Effluent Toxicity Test Procedure"
(Revised December 2010, or subsequent versions). The tests will be performed during the months
of March, June, September, and December. 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 December 2010, 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. Additionally, DWR
Form AT-3 (original) is to be sent to the following address:
Attention: North Carolina Division of Water Resources
Water Sciences Section
1621 Mail Service Center
Raleigh, North Carolina 27699-1621
Or, results can be sent to the email, ATForms.ATBgncdenr.gov.
Completed Aquatic Toxicity Test Forms shall be filed with the Water Sciences Section no later than
30 days after the end of the reporting period for which the report is made.
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 Water Sciences Section 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 Resources indicate potential impacts to the receiving stream,
this permit may be re -opened and modified to include alternate monitoring requirements or limits.
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Permit NC00003 11
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. (6.) BIOCIDE CONDITION
[G.S. 143-215, 143-215.1]
The permittee shall not use any biocides except those approved in conjunction with the permit
application. The permittee shall notify the Director in writing not later than ninety (90) days prior to
instituting use of any additional biocide used in cooling systems which may be toxic to aquatic life
other than those previously reported to the Division of Water Resources. Such notification shall
include completion of Biocide Worksheet Form 101 and a map locating the discharge point and
receiving stream.
A. (7.) ELECTRONIC REPORTING OF DISCHARGE MONITORING REPORTS
[G.S. 143-215.1(b)]
Federal regulations require electronic submittal of all discharge monitoring reports (DMRs) and
program reports and specify that, if a state does not establish a system to receive such submittals,
then permittees must submit monitoring data and reports electronically to the Environmental
Protection Agency (EPA). The final NPDES Electronic Reporting Rule was adopted and became
effective on December 21, 2015.
NOTE: This special condition supplements or supersedes the following sections within Part II of this
permit (Standard Conditions for NPDES Permits):
• Section B. (11.) Signatory Requirements
• Section D. (2.) Reporting
• Section D. (6.) Records Retention
• Section E. (5.) Monitoring Reports
1. Reporting Requirements [Supersedes Section D. (2.) and Section E. (5.) (a)1
Effective December 21, 2016, the permittee shall report discharge monitoring data electronically
using the NC DWR's Electronic Discharge Monitoring Report (eDMR) internet application.
Monitoring results obtained during the previous month(s) shall be summarized for each month
and submitted electronically using eDMR. The eDMR system allows permitted facilities to enter
monitoring data and submit DMRs electronically using the internet. Until such time that the
state's eDMR application is compliant with EPA's Cross -Media Electronic Reporting Regulation
(CROMERR), permittees will be required to submit all discharge monitoring data to the state
electronically using eDMR and will be required to complete the eDMR submission by printing,
signing, and submitting one signed original and a copy of the computer printed eDMR to the
following address:
NC DEQ / Division of Water Resources / Water Quality Permitting Section
ATTENTION: Central Files
1617 Mail Service Center
Raleigh, North Carolina 27699-1617
If a permittee is unable to use the eDMR system due to a demonstrated hardship or due to the
facility being physically located in an area where less than 10 percent of the households have
broadband access, then a temporary waiver from the NPDES electronic reporting requirements
may be granted and discharge monitoring data may be submitted on paper DMR forms (MR 1,
1.1, 2, 3) or alternative forms approved by the Director. Duplicate signed copies shall be
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Permit NC0000311
submitted to the mailing address above. See "How to Request a Waiver from Electronic
Reporting" section below.
Regardless of the submission method, 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.
Starting on December 21, 2025, the permittee must electronically report the following
compliance monitoring data and reports, when applicable:
• Sewer Overflow/Bypass Event Reports;
• Pretreatment Program Annual Reports; and
• Clean Water Act (CWA) Section 316(b) Annual Reports.
The permittee may seek an electronic reporting waiver from the Division (see "How to Request a
Waiver from Electronic Reporting" section below).
2. Electronic Submissions
In accordance with 40 CFR 122.41(1) (9), the permittee must identify the initial recipient at the
time of each electronic submission. The permittee should use the EPA's website resources to
identify the initial recipient for the electronic submission.
Initial recipient of electronic NPDES information from NPDES-regulated facilities means the entity
(EPA or the state authorized by EPA to implement the NPDES program) that is the designated
entity for receiving electronic NPDES data [see 40 CFR 127.2(b)].
EPA plans to establish a website that will also link to the appropriate electronic reporting tool for
each type of electronic submission and for each state. Instructions on how to access and use the
appropriate electronic reporting tool will be available as well. Information on EPA's NPDES
Electronic Reporting Rule is found at:
https://www.federalregister.gov/documents/2015/ 10/ 22/ 2015-24954/national-pollutant-
discharge-elimination-system-npdes-electronic-reporting-rule
Electronic submissions must start by the dates listed in the "Reporting Requirements" section
above.
3. How to Request a Waiver from Electronic Reporting
The permittee may seek a temporary electronic reporting waiver from the Division. To obtain an
electronic reporting waiver, a permittee must first submit an electronic reporting waiver request
to the Division. Requests for temporary electronic reporting waivers must be submitted in writing
to the Division for written approval at least sixty (60) days prior to the date the facility would be
required under this permit to begin submitting monitoring data and reports. The duration of a
temporary waiver shall not exceed 5 years and shall thereupon expire. At such time, monitoring
data and reports shall be submitted electronically to the Division unless the permittee re -applies
for and is granted a new temporary electronic reporting waiver by the Division. Approved
electronic reporting waivers are not transferrable. Only permittees with an approved reporting
waiver request may submit monitoring data and reports on paper to the Division for the period
that the approved reporting waiver request is effective.
Information on eDMR and the application for a temporary electronic reporting waiver are found
on the following web page:
http: / /deq.nc.gov/about/divisions/water-resources/edmr
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Permit NC0000311
4. Signatory Requirements [Supplements Section B. (11.) (b) and Supersedes Section B. (11.)
Lill
All eDMRs submitted to the permit issuing authority shall be signed by a person described in
Part II, Section B. (11.)(a) or by a duly authorized representative of that person as described in
Part II, Section B. (11.)(b). A person, and not a position, must be delegated signatory authority
for eDMR reporting purposes.
For eDMR submissions, the person signing and submitting the DMR must obtain an eDMR user
account and login credentials to access the eDMR system. For more information on North
Carolina's eDMR system, registering for eDMR and obtaining an eDMR user account, please visit
the following web page:
http://deq.nc.gov/about/divisions/water-resources/edmr
Certification. Any person submitting an electronic DMR using the state's eDMR system shall
make the following certification [40 CFR 122.22]. NO OTHER STATEMENTS OF CERTIFICATION
WILL BE ACCEPTED:
"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."
5. Records Retention [Supplements Section D. (6.1]
The permittee shall retain records of all Discharge Monitoring Reports, including eDMR
submissions. These records or copies shall be maintained for a period of at least 3 years from
the date of the report. This period may be extended by request of the Director at any time [40
CFR 122.411.
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