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HomeMy WebLinkAboutNC0022985_Fact Sheet_20220926FACT SHEET EXPEDITED - PERMIT RENEWAL 2022 NC0022985 — WPCS Grade II WWTP Table 1 -- Basic Information for Expedited Permit Renewals Permit Writer/Date: Joe R. Corporon, P.G. / NPDES / 26Sep2022 Permit Number — Class: NC0022985 —WPCS Grade II [both flows] Flow: Phased: 0.300 and 0.800 MGD [population 1,980 as of Feb2022] Owner/Operator: Carolina Water Service, Inc. of North Carolina (CWS) Owner address: PO Box 240908, Charlotte 28224-0908 Facility Contacts: Tony Konsul, Director, State Operations 704-319-0523 [tjkonsit@uiwater.com] [tony.konsul(acarolinawaterservicenc.com] Facility Name: Fairfield Sapphire Valley WWTP Type of Waste: Private, 100 % domestic / Not a POTW Basin Name/Sub-basin number: Savannah River Basin / 03-13-02 Receiving Stream: Trays Island Creek [segment 19-12] Stream Classification in Permit C:+ Does permit need Daily Max NH3 limits? No — Adjusted for renewal - Summer and Winter limits (see Permitting Strategy) Does permit need TRC limits/language? No - already active w/ footnote Does permit have toxicity testing? No — no changes recommended Does permit have Special Conditions? No Does permit have instream monitoring? No Is the stream impaired (on 303(d) list)? No Any obvious compliance concerns? No Any permit MODS since last permit? No Requests for Renewal: Dated 16Feb2022 New expiration date: 31Aug2027 Changes to current permit: Updated texts and site map — no significant system changes Data Review • reviewed BIMS compliance data from 2019 through present. No violations proceeded to NOV. • reviewed Discharge Summary, BIMS database. • reviewed Ammonia (NH3 as N) compliance history: Average 1.4 mg/L; Max 4.9 mg/L; Min 0.1 mg/L (count 175 samples, Jan2019 thru Apr2022). • reviewed permit limits considering this is not a publicly owned treatment works (POTW); see IWC via WLA concerning Ammonia limited as a toxicant (15A NCAC 2B .0205). Permitting Strategy NH3 Limits Considering Toxicity @ 0.300 MGD 1. Previous NH3 limits for summer were permitted at 2.7 mg/L Monthly Average (MA) & 13.5 mg/L Daily Max (DM). The DM = MA times five (5) for a non-POTW. Previous NH3 winter limits were 4.0 mg/L MA and 20.0 mg/L DM. However, DWR finds no justification for the previous winter MA limit of 4.0 mg/L. Therefore, DWR assumes that 4.0 mg/L MA was permitted in error [best professional judgement (BPJ)]. 2. BIMS records only a summer receiving steam flow 7Q10 of 0.1 cfs. For renewal therefore, DWR considered 1.0 cfs for both summer and winter stream flows (see 0.300 WLA). This results in summer chronic limits (MA) of 2.7 cfs and winter chronic limits (MA) of 5.2 cfs. Page 1 of 7 3. It follows that renewal DMs are permitted as summer 5 x 2.7 mg/L = 13.5 mg/L DM, and winter 5 x 5.2 = 26.0 mg/L DM [see permit Section A. (1.)]. Because it is a technical correction of previous winter MA 4.0 mg/L, anti -backsliding does not apply. NH3 Limits Considering Toxicity @ 0.800 MGD 1. Summer limits [01Apr — 310ct] — were previously calculated (2017) at MA 2.0 mg/L & DM 10.0 mg/L [DM = MA times five (5) for a non-POTW]. Previous winter MA limit were 4.3 mg/L MA and 21.5 mg/L DM. 2. Because BIMS records receiving steam show for summer only [7Q10 flow = 0.1 cfs], this renewal considered 1.0 cfs for both summer and winter flows (see 0.800 WLA). This results in summer limits of 1.6 mg/L MA times 5 = 8.0 mg/L DM. However, these limits are judged unattainable by Best Available Technology (BAT). Therefore, they remain unchanged for renewal at 2.0 mg/L MA and (times 5) 10.0 mg/L DM [see permit Section A. (2.)]. 4. Per the 0.800 WLA, winter MA limits calculate as 3.1 mg/L and (times 5) = 15.5 mg/L DM. Likewise, these limits are judged unattainable (BAT). For renewal therefore, they remain unchanged from the previous as BAT, 4.3 mg/L MA and (times 5) 21.5 mg/L DM [see permit Section A. (2.)]. Proposed Schedule of Issuance Draft Permit to Public Notice: Permit Scheduled to Issue: Effective Date NPDES Division Contact 21 Jun2022 070ct2022 (est.) 01Nov2022 (est.) If you have questions about any of the above information, or on the attached permit, please email Joe R. Corporon, P.G. [joe.corporon@ncdenr.gov]. NAME: DATE: 26SEP2022 Page 2 of 7 NPDES Implementation of Instream Dissolved Metals Standards — Freshwater Standards The NC 2007-2015 Water Quality Standard (WQS) Triennial Review was approved by the NC Environmental Management Commission (EMC) on November 13, 2014. The US EPA subsequently approved the WQS revisions on April 6, 2016, with some exceptions. Therefore, metal limits in draft permits out to public notice after April 6, 2016 must be calculated to protect the new standards - as approved. Table 2. NC Dissolved Metals Water Quality Standards/Aquatic Life Protection Parameter Acute FW, µg/1 (Dissolved) Chronic FW, µg/1 (Dissolved) Acute SW, µg/1 (Dissolved) Chronic SW, µg/1 (Dissolved) Arsenic 340 150 69 36 Beryllium 65 6.5 --- --- Cadmium Calculation Calculation 40 8.8 Chromium III Calculation Calculation --- --- Chromium VI 16 11 1100 50 Copper Calculation Calculation 4.8 3.1 Lead Calculation Calculation 210 8.1 Nickel Calculation Calculation 74 8.2 Silver Calculation 0.06 1.9 0.1 Zinc Calculation Calculation 90 81 Table 3 Notes: 1. FW= Freshwater, SW= Saltwater 2. Calculation = Hardness dependent standard 3. Only the aquatic life standards listed above are expressed in dissolved form. Aquatic life standards for Mercury and selenium are still expressed as Total Recoverable Metals due to bioaccumulative concerns (as are all human health standards for all metals). It is still necessary to evaluate total recoverable aquatic life and human health standards listed in 15A NCAC 2B.0200 (e.g., arsenic at 10 µg/1 for human health protection; cyanide at 5 µg/L and fluoride at 1.8 mg/L for aquatic life protection). Table 4. Dissolved Freshwater Standards for Hardness -Dependent Metals The Water Effects Ratio (WER) is equal to one unless determined otherwise under 15A NCAC 02B .0211 Subparagraph (11)(d) Metal NC Dissolved Standard, µg/1 Cadmium, Acute WER*{1.136672-[/n hardness]-3.1485 } hardness](0.041838)} • e^{0.9151 [ln Cadmium, Acute Trout waters WER*{1.136672-[ln hardness] -3 .6236 } hardness](0.041838)} • e^{0.9151[ln Cadmium, Chronic WER*{1.101672-[ln hardness]-4.4451 } hardness](0.041838)} • e^{0.7998[In Page 3 of 7 Chromium III, Acute WER*0.316 • e^{0.8190[ln hardness]+3.7256} Chromium III, Chronic WER*0.860 • e^{0.8190[ln hardness]+0.6848} Copper, Acute WER*0.960 • e^{0.9422[ln hardness]-1.700} Copper, Chronic WER*0.960 • e^{0.8545[In hardness]-1.702} Lead, Acute WER*{1.46203-[ln hardness](0.145712)} • e^{1.273[In hardness]- 1.460} Lead, Chronic WER*{1.46203-[ln hardness](0.145712)} • e^{1.273[in hardness]- 4.705} Nickel, Acute WER*0.998 • e^{0.8460[ln hardness]+2.255} Nickel, Chronic WER*0.997 • e^{0.8460[ln hardness]+0.0584} Silver, Acute WER*0.85 • e^{1.72[In hardness]-6.59} Silver, Chronic Not applicable Zinc, Acute WER*0. 978 • e^{0.8473[In hardness]+0.884} Zinc, Chronic WER*0. 986 • e^{0.8473[In hardness]+0.884} General Information on the Reasonable Potential Analysis (RPA) The RPA process itself did not change as the result of the new metals standards. However, application of the dissolved and hardness -dependent standards requires additional consideration in order to establish the numeric standard for each metal of concern of each individual discharge. The hardness -based standards require some knowledge of the effluent and instream (upstream) hardness and so must be calculated case -by -case for each discharge. Metals limits must be expressed as `total recoverable' metals in accordance with 40 CFR 122.45(c). The discharge -specific standards must be converted to the equivalent total values for use in the RPA calculations. We will generally rely on default translator values developed for each metal (more on that below), but it is also possible to consider case -specific translators developed in accordance with established methodology. RPA Permitting Guidance/WQBELs for Hardness -Dependent Metals - Freshwater The RPA is designed to predict the maximum likely effluent concentrations for each metal of concern, based on recent effluent data, and calculate the allowable effluent concentrations, based on applicable standards and the critical low -flow values for the receiving stream. If the maximum predicted value is greater than the maximum allowed value (chronic or acute), the discharge has reasonable potential to exceed the standard, which warrants a permit limit in most cases. If monitoring for a particular pollutant indicates that the pollutant is not present (i.e. consistently below detection level), then the Division may remove the monitoring requirement in the reissued permit. Page 4 of 7 1. To perform a RPA on the Freshwater hardness -dependent metals the Permit Writer compiles the following information: • Critical low flow of the receiving stream, 7Q10 (the spreadsheet automatically calculates the 1 Q 10 using the formula 1Q10 = 0.843 (s7Q10, cfs) 0.993 • Effluent hardness and upstream hardness, site -specific data is preferred • Permitted flow • Receiving stream classification 2. In order to establish the numeric standard for each hardness -dependent metal of concern and for each individual discharge, the Permit Writer must first determine what effluent and instream (upstream) hardness values to use in the equations. The permit writer reviews DMR's, Effluent Pollutant Scans, and Toxicity Test results for any hardness data and contacts the Permittee to see if any additional data is available for instream hardness values, upstream of the discharge. If no hardness data is available, the permit writer may choose to do an initial evaluation using a default hardness of 25 mg/L (CaCO3 or (Ca + Mg)). Minimum and maximum limits on the hardness value used for water quality calculations are 25 mg/L and 400 mg/L, respectively. If the use of a default hardness value results in a hardness -dependent metal showing reasonable potential, the permit writer contacts the Permittee and requests 5 site -specific effluent and upstream hardness samples over a period of one week. The RPA is rerun using the new data. The overall hardness value used in the water quality calculations is calculated as follows: Combined Hardness (chronic) = (Permitted Flow, cfs *Avg. Effluent Hardness, mg/L) x (s7Q10, cfs *Avg. Upstream Hardness, mg/L) (Permitted Flow, cfs + s7Q10, cfs) The Combined Hardness for acute is the same but the calculation uses the 1Q10 flow. 3. The permit writer converts the numeric standard for each metal of concern to a total recoverable metal, using the EPA Default Partition Coefficients (DPCs) or site -specific translators, if any have been developed using federally approved methodology. EPA default partition coefficients or the "Fraction Dissolved" converts the value for dissolved metal at laboratory conditions to total recoverable metal at in -stream ambient conditions. This factor is calculated using the linear partition coefficients found in The Metals Translator: Guidance for Calculating a Total Recoverable Permit Limit from a Dissolved Criterion (EPA 823-B-96-007, June 1996) and the equation: Cdiss = Ctotal 1 1 + 1 [Kpo] [SS(1+a)] [10-6] } Where: ss = in -stream suspended solids concentration [mg/1], minimum of 10 mg/L used, and Kpo and a = constants that express the equilibrium relationship between dissolved and adsorbed forms of metals. A list of constants used for each hardness -dependent metal can also be found in the RPA program under a Page 5 of 7 4. The numeric standard for each metal of concern is divided by the default partition coefficient (or site -specific translator) to obtain a Total Recoverable Metal at ambient conditions. In some cases, where an EPA default partition coefficient translator does not exist (ie. silver), the dissolved numeric standard for each metal of concern is divided by the EPA conversion factor to obtain a Total Recoverable Metal at ambient conditions. This method presumes that the metal is dissolved to the same extent as it was during EPA's criteria development for metals. For more information on conversion factors see the June, 1996 EPA Translator Guidance Document. 5. The RPA spreadsheet uses a mass balance equation to determine the total allowable concentration (permit limits) for each pollutant using the following equation: Ca = (s7Q10 + Qw) (Cwqs) — (s7Q10) (Cb) Qw Where: Ca = allowable effluent concentration (µg/L or mg/L) Cwqs = NC Water Quality Standard or federal criteria (µg/L or mg/L) Cb = background concentration: assume zero for all toxicants except NH3* (µg/L or mg/L) Qw = permitted effluent flow (cfs, match s7Q 10) s7Q 10 = summer low flow used to protect aquatic life from chronic toxicity and human health through the consumption of water, fish, and shellfish from noncarcinogens (cfs) * Discussions are on -going with EPA on how best to address background concentrations Flows other than s7Q10 may be incorporated as applicable: 1Q10 = used in the equation to protect aquatic life from acute toxicity QA = used in the equation to protect human health through the consumption of water, fish, and shellfish from carcinogens 30Q2 = used in the equation to protect aesthetic quality 6. The permit writer enters the most recent 2-3 years of effluent data for each pollutant of concern. Data entered must have been taken within four and one-half years prior to the date of the permit application (40 CFR 122.21). The RPA spreadsheet estimates the 95th percentile upper concentration of each pollutant. The Predicted Max concentrations are compared to the Total allowable concentrations to determine if a permit limit is necessary. If the predicted max exceeds the acute or chronic Total allowable concentrations, the discharge is considered to show reasonable potential to violate the water quality standard, and a permit limit (Total allowable concentration) is included in the permit in accordance with the U.S. EPA Technical Support Document for Water Quality -Based Toxics Control published in 1991. 7. When appropriate, permit writers develop facility specific compliance schedules in accordance with the EPA Headquarters Memo dated May 10, 2007 from James Hanlon to Alexis Strauss on 40 CFR 122.47 Compliance Schedule Requirements. 8. The Total Chromium NC WQS was removed and replaced with trivalent chromium and hexavalent chromium Water Quality Standards. As a cost savings measure, total chromium data results may be used as a conservative surrogate in cases where there are no analytical results based on chromium III or VI. In these cases, the projected maximum concentration (95th %) for total chromium will be compared against water quality standards for chromium III and chromium VI. Page 6 of 7 9. Effluent hardness sampling and instream hardness sampling, upstream of the discharge, are inserted into all permits with facilities monitoring for hardness -dependent metals to ensure the accuracy of the permit limits and to build a more robust hardness dataset. 10. Hardness and flow values used in the Reasonable Potential Analysis for this permit included: Parameter Value Comments (Data Source) Average Effluent Hardness (mg/L) [Total as, CaCO3 or (Ca+Mg)] N/A No metals monitoring required Average Upstream Hardness (mg/L) [Total as, CaCO3 or (Ca+Mg)] N/A 7Q 10 summer (cfs) N/A 1 Q 10 (cfs) N/A Permitted Flow (MGD) N/A Phased: 0.030 & 0.080 Page 7 of 7 NH3/TRC WLA Calculations Facility: CWS PermitNo. NC0022985 Prepared By: Joe Corporon 22Sep2022 Enter Design Flow (MGD): Enter s7Q10 (cfs): Enterw7Q10 (cfs): 0.300 1.0 1.0 Total Residual Chlorine (TRC) Daily Maximum Limit (ug/I) s7Q10 (CFS) DESIGN FLOW (MGD) DESIGN FLOW (CFS) STREAM STD (UG/L) Upstream Bkgd (ug/I) IWC (%) Allowable Conc. (ug/I) Fecal Coliform Monthly Average Limit: (If DF >331; Monitor) (If DF<331; Limit) Dilution Factor (DF) 1 0.3 0.465 17.0 0 31.74 54 Ammonia (Summer) Monthly Average Limit (mg NH3-N/I) s7Q10 (CFS) DESIGN FLOW (MGD) DESIGN FLOW (CFS) STREAM STD (MG/L) Upstream Bkgd (mg/I) IWC (%) Allowable Conc. (mg/I) Ammonia (Winter) Monthly Average Limit (mg NH3-N/I) w7Q10 (CFS) 200/100mi DESIGN FLOW (MGD) DESIGN FLOW (CFS) STREAM STD (MG/L) 3.15 Upstream Bkgd (mg/I) IWC (%) Allowable Conc. (mg/I) Total Residual Chlorine 1. Cap Daily Max limit at 28 ug/I to protect for acute toxicity Ammonia (as NH3-N) 1. If Allowable Conc > 35 mg/I, Monitor Only 2. Monthly Avg limit x 3 = Weekly Avg limit (Municipals) 3. Monthly Avg limit x 5 = Daily Max limit (Non-Munis) If the allowable ammonia concentration is > 35 mg/L, no limit shall be imposed 1 0.3 0.465 1.0 0.22 31.7406 2.7 1 0.3 0.465 1.8 0.22 31.74 5.2 Fecal Coliform 1. Monthly Avg limit x 2 = 400/100 ml = Weekly Avg limit (Municipals) = Daily Max limit (Non -Muni) NH3/TRC WLA Calculations Facility: CWS PermitNo. NC0022985 Prepared By: Joe Corporon 22Sep2022 Enter Design Flow (MGD): Enter s7Q10 (cfs): Enterw7Q10 (cfs): 0.800 1 1 Total Residual Chlorine (TRC) Daily Maximum Limit (ug/I) s7Q10 (CFS) DESIGN FLOW (MGD) DESIGN FLOW (CFS) STREAM STD (UG/L) Upstream Bkgd (ug/I) IWC (%) Allowable Conc. (ug/I) Fecal Coliform Monthly Average Limit: (If DF >331; Monitor) (If DF<331; Limit) Dilution Factor (DF) 1 0.8 1.24 17.0 0 55.36 31 Ammonia (Summer) Monthly Average Limit (mg NH3-N/I) s7Q10 (CFS) DESIGN FLOW (MGD) DESIGN FLOW (CFS) STREAM STD (MG/L) Upstream Bkgd (mg/I) IWC (%) Allowable Conc. (mg/I) Ammonia (Winter) Monthly Average Limit (mg NH3-N/I) w7Q10 (CFS) 200/100mi DESIGN FLOW (MGD) DESIGN FLOW (CFS) STREAM STD (MG/L) 1.81 Upstream Bkgd (mg/I) IWC (%) Allowable Conc. (mg/I) Total Residual Chlorine 1. Cap Daily Max limit at 28 ug/I to protect for acute toxicity Ammonia (as NH3-N) 1. If Allowable Conc > 35 mg/I, Monitor Only 2. Monthly Avg limit x 3 = Weekly Avg limit (Municipals) 3. Monthly Avg limit x 5 = Daily Max limit (Non-Munis) If the allowable ammonia concentration is > 35 mg/L, no limit shall be imposed 1 0.8 1.24 1.0 0.22 55.3571 1.6 1 0.8 1.24 1.8 0.22 55.36 3.1 Fecal Coliform 1. Monthly Avg limit x 2 = 400/100 ml = Weekly Avg limit (Municipals) = Daily Max limit (Non -Muni) A ROY COOPER Gover nor Water Resources ENVIRONMENTAL QUALITY July 17, 2017 Mr. Tony Konsul, Regional Manager Carolina Water Service, Inc. of North Carolina P.O. Box 240908 Charlotte, NC 28224 Dear Mr. Konsul: MICHAEL S REGAN Sea etaly S JAY ZIMMERMAN Direcrw Subject: Issuance of NPDES Permit NC0022985 Fairfield Sapphire Valley WWTP Jackson County Class WW-2 Division personnel have reviewed and approved your application for renewal of the subject permit. Accordingly, we are forwarding the attached NPDES discharge permit. This permit is issued pursuant to the requirements of North Carolina General Statute 143-215.1 and the Memorandum of Agreement between North Carolina and the U.S. Environmental Protection Agency dated October 15, 2007 (or as subsequently amended). The final permit includes the following significant changes from the existing permit: > Section A. (3) has been added to require electronic submission of effluent data. Federal regulations require electronic submittal of all discharge monitoring reports (DMRs) . > Regulatory citations have been added to the permit. > An updated outfall map has been included. > Parameter Codes have been added to Sections A.(1) and A.(2). 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 (6714 Mail Service Center, Raleigh, North Carolina 27699-6714) . Unless such demand is made, this decision shall be fmal and binding. Please note that this permit is not transferable except after notice to the Division. The Division may require modification or revocation and reissuance of the permit. This permit does not affect the legal requirements to obtain any other Federal, State, or Local governmental permit that may be required. State of North Carolina I Environmental Quality I Water Resources 1617 Mail Service Center I Raleigh, NC 27699-1617 919 807 6300 919-807-6389 FAX https //deq nc gov/about/divisions/water-resources/water-resources-permits/wastewater-branch/npdes-wastewater-permits If you have any questions concerning this permit, please contact Emily Phillips at telephone number (919) 807-6479, or via e-mail [sarah.phillips@ncdenr.gov]. S. Jay Zimmermarr,-P.G. cc: NPDES files Central Files Asheville Regional Office Permit NC0022985 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, Carolina Water Service, Inc. of North Carolina is hereby authorized to discharge wastewater from a facility located at the Fairfield Sapphire Valley WWTP 3500 U.S. Highway 64 West Jackson County to receiving waters designated as Trays Island Creek in the Savannah 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 September 1, 2017. This permit and authorization to discharge shall expire at midnight on August 31, 2022. Signed this day July 17, 2017. (;)4(- 292* ,S� ay Zimmerman, P.G. ' �. `Director, Division of Water Resources By Authority of the Environmental Management Commission Page 1 of 7 Permit NC0022985 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, requirmments, terms, and provisions included herein. Carolina Water Service, Inc. of North Carolina is hereby authorized to: 1. Continue to operate an existing 0.30 MGD wastewater treatment system that includes the following components: • Two 0.075 MGD extended aeration wastewater treatment systems with clarifiers and sludge digestion • One 0.150 MGD extended aeration wastewater treatment system with clarifiers and sludge digestion • Three effluent chlorine contact/ fine solids settling ponds • Effluent flow measurement • Liquid chlorine disinfection • Tablet dechlorination The facility is located northwest of Sapphire at the Fairfield Sapphire Valley Subdivision WWTP, 3500 U.S. Highway 64 West in Jackson County. 2. After receiving an Authorization to Construct (AtC) permit from the Division, construct the necessary facilities to increase plant capacity to 0.80 MGD, and 3. Discharge from said treatment works at the location specified on the attached map into Trays Island Creek, currently classified C:+ waters in the Savannah River Basin. Page 2 of 7 Permit NC0022985 Part I. A. (1.) EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS [0.3 MGD] [15A NCAC 02B .0400 et seq., 02B .0500 et seq.] During the period beginning on the effective date of this permit and lasting until expansion above 0.30 MGD, the permittee is authorized to discharge from outfall 001. Such discharges shall be limited and monitored' by the permittee as specified below: EFFLUENT CHARACTERISTICS Parameter Codes LIMITS MONITORING REQUIREMENTS Monthly Average Daily Maximum Measurement Frequency Sample Type Sample Location Flow 50050 0.30 MGD Continuous RecordingInfluent or Effluent BOD, 5-day (20°C) C0310 30.0 mg/L 45.0 mg/L Weekly Composite Effluent Total Suspended Solids C0530 30.0 mg/L 45.0 mg/L Weekly Composite Effluent NH3 as N (April 1- October 31) C0610 2.7 mg/L 13.5 mg/L Weekly Composite Effluent NH3 as N (November 1- March 31) C0610 4 0 mg/L 20.0 mg/L Weekly Composite Effluent Fecal Coliform (geometric mean) 31616 200/100 mL 400/100 mL Weekly Grab Effluent Total Residual Chlorine (TRC)2 50060 28 pg/L 2/Week Grab Effluent Temperature (°C) 00010 Monitor & Report Weekly Grab Effluent Total Nitrogen (NO2+NO3+TKN) C0600 Monitor & Report Semi -Annually Composite Effluent Total Phosphorus C0665 Monitor & Report Semi -Annually Composite Effluent pH 00400 > 6 0 and < 9 0 standard units Weekly Grab Effluent Footnotes: 1. The Permittee shall submit discharge monitoring reports electronically using DWR's eDMR submittal system [See Section A. (3.)]. 2. The Division shall consider all effluent TRC 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 pg/L. There shall be no discharge of floating solids or visible foam in other than trace amounts. Page 3 of 7 Permit NC0022985 A. (2.) EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS [0.8 MGD] [15A NCAC 02B .0400 et seq., 02B .0500 et seq.] During the period beginning upon expansion above 0.30 MGD and lasting until expiration, the permittee is authorized to discharge from outfall 001. Such discharges shall be limited and monitored' by the permittee as specified below: EFFLUENT CHARACTERISTICS Parameter Codes LIMITS MONITORING REQUIREMENTS Monthly Average Daily Maximum Measurement Frequency Sample Type Sample Location Flow 50050 0.80 MGD Continuous RecordingInfluent or Effluent BOD, 5-day (20°C) C0310 5.0 mg/L 7.5 mg/L Weekly Composite Effluent Total Suspended Solids C0530 20.0 mg/L 30.0 mg/L Weekly Composite Effluent NH3 as N (April 1- October 31) C0610 2.0 mg/L 10.0 mg/L Weekly Composite Effluent NH3 as N (November 1 - March 31) C0610 4.3 mg/L 21.5 mg/L Weekly Composite Effluent Fecal Coliform (geometric mean) 31616 200/100 mL 400/100 mL Weekly Grab Effluent Total Residual Chlorine (TRC)2 50060 28 pg/L 2/Week Grab Effluent Temperature (°C) 00010 Monitor & Report Weekly Grab Effluent Dissolved Oxygen 00300 Daily Average z 5.0 mg/L Weekly Grab Effluent Total Nitrogen (NO2+NO3+TKN) C0600 Monitor & Report Semi -Annually Composite Effluent Total Phosphorus C0665 Monitor & Report Semi -Annually Composite Effluent pH 00400 > 6.0 and < 9.0 standard units Weekly Grab Effluent Footnotes: 1. The Permittee shall submit discharge monitoring reports electronically using DWR's eDMR submittal system [See Section A. (3.)]. 2. The Division shall consider all effluent TRC 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 Carohna certified laboratory (including field certified), even if these values fall below 50 pg/L. There shall be no discharge of floating solids or visible foam in other than trace amounts. Page 4 of 7 Permit NC0022985 A. (3.) ELECTRONIC REPORTING OF DISCHARGE MONITORING REPORTS [NCGS 143-215.1 (b)] Federal regulations require electronic submittal of all discharge monitoring reports (DMRs) and program reports. 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 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 DENR / 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 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. Page 5 of 7 Permit NC0022985 Starting on December 21, 2020, 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-elimmation-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. Page 6 of 7 Permit NC0022985 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 4. Signatory Requirements [Supplements Section B. (11.) (b) and Supersedes Section B. (11.) (d)1 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 permrttee 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 122.41]. Page 7 of 7 NC0022985 - Fairfield Sapphire Valley WWTP Latitude: 35° 07' 10" N USGS Quad Longitude: 83° 02' 16" W Permitted Flow: Receiving Stream: Trays Island Creek River Basin: Stream Class: C + Sub -Basin: I Cashiers, N C 0 30/0 80 MGD Savannah 03-13-02 r Facility Location not to scale f�1r cy---•, r Carolina Water Service, Inc. of NC Jackson County NPDES Permit Standard Conditions Page 1 of 18 PART II STANDARD CONDITIONS FOR NPDES PERMITS Section A. Definitions 2/Month Samples are collected twice per month with at least ten calendar days between sampling events. These samples shall be representative of the wastewater discharged during the sample period 3/Week Samples are collected three times per week on three separate calendar days These samples shall be representative of the wastewater discharged during the sample penod. Act or "the Act" The Federal Water Pollution Control Act, also known as the Clean Water Act (CWA), as amended, 33 USC 1251, et seq. Annual Average The arithmetic mean of all "daily discharges" of a pollutant measured dunng the calendar year In the case of fecal conform, the geometric mean of such discharges. Arithmetic Mean The summation of the individual values divided by the number of mdividual values Bypass The known diversion of waste streams from any portion of a treatment facility mcludmg the collection system, which is not a designed or established or operating mode for the facility Calendar Day The period from midnight of one day until midnight of the next day However, for purposes of this permit, any consecutive 24-hour period that reasonably represents the calendar day may be used for sampling Calendar Week The penod from Sunday through the following Saturday Calendar Quarter One of the following distinct periods. January through March, April through June, July through September, and October through December. Composite Sample A sample collected over a 24-hour period by continuous samphng or combmmg grab samples of at least 100 mL m such a manner as to result m a total sample representative of the wastewater discharge during the sample penod The Director may designate the most appropnate method (specific number and size of aliquots necessary, the time mterval between grab samples, etc) on a case -by -case basis Samples may be collected manually or automatically Composite samples may be obtained by the following methods (1) Continuous a single, continuous sample collected over a 24-hour penod proportional to the rate of flow (2) Constant time/variable volume a series of grab samples collected at equal time intervals over a 24 hour penod of discharge and combined proportional to the rate of flow measured at the time of individual sample collection, or Variable time/constant volume a series of grab samples of equal volume collected over a 24 hour period with the time intervals between samples determined by a preset number of gallons passing the samplmg pomt Flow measurement between sample intervals shall be determined by use of a flow recorder and totalizer, and the preset gallon interval between sample collection fixed at no greater than 1/24 of the expected total daily flow at the treatment system, or (3) Version 11/09/2011 1 NPDES Permit Standard Conditions Page 2 of 18 (4) Constant time/constant volume. a senes of grab samples of equal volume collected over a 24-hour penod at a constant time interval Use of this method requires prior approval by the Director This method may only be used in situations where effluent flow rates vary less than 15 percent. The followmg restrictions also apply ➢ Influent and effluent grab samples shall be of equal size and of no less than 100 milliliters > Influent samples shall not be collected more than once per hour. ➢ Permittees with wastewater treatment systems whose detention time < 24 hours shall collect effluent grab samples at mtervals of no greater than 20 mmutes apart durmg any 24-hour penod ➢ Perrmttees with wastewater treatment systems whose detention time exceeds 24 hours shall collect effluent grab samples at least every six hours, there must be a minimum of four samples during a 24-hour sampling period Contmuous flow measurement Flow monitonng that occurs without mterruptior_ 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 mfrequent mamtenance activities on the flow device. Daily Discharge The discharge of a pollutant measured dunng a calendar day or any 24-hour period that reasonably represents the calendar day for purposes of sampling. For pollu:ants measured in units of mass, the "daily discharge" is calculated as the total mass of the pollutant discharged over the day For pollutants expressed in other units of measurement, the "daily discharge" is calculated as the average measurement of the pollutant over the day (40 CFR 122 2, see also "Composite Sample," above ) Daily Maximum The highest "daily discharge" durmg the calendar month Daily Samplmg Parameters requiring daily samplmg shall be sampled 5 out of every 7 days per week unless otherwise specified m the permit. Samplmg shall be conducted on weekdays except where holidays or other disruptions of normal operations prevent weekday sampling. If samplmg is requireri for all seven days of the week for any permit parameter(s), that requirement will be so noted on the Effluent Limitations and Momtormg Page(s) DWR or "the Division" The Division of Water Resources, Depai tiuent of Environment and Natural Resources Effluent Wastewater discharged following all treatment processes from a water pollution control facility or other point source whether treated or untreated. EMC The North Carolina Environmental Management Commission EPA The United States Environmental Protection Agency Facility Closure Cessation of all activities that require coverage under this NPDES permit. Completion of facility closure will allow this permit to be rescinded Geometric Mean The Nth root of the product of the individual values where N = the number of individual values For purposes of calculating the geometric mean, values of "0" (or `'< [detection level]") shall be considered = 1. Grab Sample Individual samples of at least 100 mL collected over a penod of time not exceeding 15 mmutes Grab samples can be collected manually. Grab samples must be representative of the discharge (or the receiving stream, for mstream samples) Version 11/09/2011 1 NPDES Permit Standard Conditions Page 3 of 18 Hazardous Substance Any substance designated under 40 CFR Part 116 pursuant to Section 311 of the CWA Instantaneous flow measurement The flow measured during the minimum time required for the flow measuring device or method to produce a result m that instance To the extent practical, instantaneous flow measurements coincide with the collection of any grab samples required for the same sampling period so that together the samples and flow are representative of the discharge dunng that samplmg penod Monthly Average (concentration limit) The arithmetic mean of all "daily discharges" of a pollutant measured during the calendar month In the case of fecal conform or other bacterial parameters or mdicators, the geometric mean of such discharges Permit Issuing Authority The Director of the Division of Water Resources Quarterly Average (concentration limit) The arithmetic mean of all samples taken over a calendar quarter Severe property damage Substantial physical damage to property, damage to the treatment facilities which causes them to become inoperable, or substantial and permanent loss of natural resources which can reasonably be expected to occur in the absence of a bypass. Severe property damage excludes economic loss caused by delays in production Toxic Pollutant: Any pollutant listed as toxic under Section 307(a)(1) of the CWA Upset An incident beyond the reasonable control of the Permittee causing unmtentional and temporary noncompliance with permit effluent limitations and/or momtormg requirements An upset does not include noncompliance caused by operational error, improperly designed treatment facilities, inadequate treatment facilities, lack of preventive maintenance, or careless or improper operation Weekly Average (concentration limit) The arithmetic mean of all "daily discharges" of a pollutant measured during the calendar week In the case of fecal conform or other bacterial parameters or indicators, the geometric mean of such discharges. Section B. General Conditions 1 Duty to Comply The Permittee must comply with all conditions of this permit Any permit noncompliance constitutes a violation of the CWA and is grounds for enforcement action, for permit termination, revocation and reissuance, or modification, or denial of a permit renewal application [40 CFR 122 41] a The Permittee shall comply with effluent standards or prohibitions established under section 307(a) of the CWA for toxic pollutants and with standards for sewage sludge use or disposal established under section 405(d) of the CWA within the time provided in the regulations that establish these standards or prohibitions or standards for sewage sludge use or disposal, even if the permit has not yet been modified to incorporate the requirement. b The CWA provides that any person who violates section[s] 301, 302, 306, 307, 308, 318 or 405 of the Act, or any permit condition or limitation implementing any such sections in a permit issued under section 402, or any requirement imposed in a pretreatment program approved under sections 402(a)(3) or 402(b)(8) of the Act, is subject to a civil penalty not to exceed $37,500 per day for each violation [33 USC 1319(d) and 40 CFR 122 41(a)(2)] c The CWA provides that any person who negligently violates sections 301, 302, 306, 307, 308, 318, or 405 of the Act, or any condition or limitation implementing any of such sections in a permit issued under section 402 of the Act, or any requirement imposed in a pretreatment program approved under section 402(a)(3) or 402(b)(8) of the Act, is subject to cnmmal penalties of $2,500 to $25,000 per day of violation, or Version 11/09/2011 1 NPDES Penult Standard Conditions Page 4 of 18 imprisonment of not more than 1 year, or both In the case of a second or subsequent conviction for a negligent violation, a person shall be subject to crimmal penalties of not more than $50,000 per day of violation, or by imprisonment of not more than 2 years, or both [33 USC 1319(c)(1) and 40 CFR 122.41(a)(2)] d. Any person who knowmgly violates such sections, or such conditions or limitations is subject to criminal penalties of $5,000 to $50,000 per day cf violation, or impnsonment for not more than 3 years, or both. In the case of a second or subsequent conviction for a knowing violation, a person shall be subject to criminal penalties of not more than $100,000 per day of violation, or imprisonment of not more than 6 years, or both [33 USC 1319(c)(2) and 40 CFR 122 41(a)(2)] e Any person who knowingly violates section 301, 302, 303, 306, 307, 308, 318 or 405 of the Act, or any permit condition or limitation implementing any of such sections in a permit issued under section 402 of the Act, and who knows at that time that he thereby places another person in imminent danger of death or senous bodily injury, shall, upon conviction, be subject to a fine of not more than $250,000 or impnsonment of not more than 15 years, or both In the case of a second or subsequent conviction for a knowing endangerment violation, a person shall be subject to a fine of not mare than $500,000 or by impnsonment of not more than 30 years, or both An organization, as defined in sect_on 309(c)(3)(B)(m) of the CWA, shall, upon conviction of violating the imminent danger provision, be subject to a fine of not more than $1,000,000 and can be fined up to $2,000,000 for second or subsequent convictions [40 CFR 122 41(a)(2)] f Under state law, a civil penalty of not more than $25,000 per violation may be assessed agamst any person who violates or fails to act m accordance with the terms, conditions, or requirements of a permit. [North Carolina General Statutes § 143-215 6A] g Any person may be assessed an administrative penalty by the Administrator for violating section 301, 302, 306, 307, 308, 318 or 405 of this Act, or any permit condition or limitation implementing any of such sections m a permit issued under section 402 of this Act Administrative penalties for Class I violations are not to exceed $16,000 per violation, with the maximum amount of any Class I penalty assessed not to exceed $37,500 Penalties for Class II violations are not to exceed $16,000 per day for each day during which the violation continues, with the maximum amount of any Class II penalty not to exceed $177,500. [33 USC 1319(g)(2) and 40 CFR 122 41(a)(3)] 2 Duty to Mitigate The Permittee shall take all reasonable steps to minimize or prevent any discharge or sludge use or disposal in violation of this permit with a reasonable likehhood of adversely affecting human health or the environment [40 CFR 122.41(d)] 3. Civil and Cnmmal Liability Except as provided m permit conditions on 'Bypassing" (Part II C 4), "Upsets" (Part II.C.5) and "Power Failures" (Part 1.1 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 temporanly suspended 4 Oil and Hazardous Substance Liability Nothmg in this permit shall be construed to preclude the mstitution 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 temporanly suspended. 5 Property Rights The issuance of this permit does not convey any property nghts m either real or personal property, or any exclusive pnvileges, nor does it authonze any mjury to pnvate property or any invasion of personal nghts, nor any mfrmgement of Federal, State or local laws or regulations [40 CFR 122.41(g)] 6 Onshore or Offshore Construction This permit does not authonze or approve the construction of any onshore or offshore physical structures or facilities or the undertakmg of any work in any navigable waters Version 11/09/2011 1 NPDES Permit Standard Conditions Page 5 of 18 7. Severabihty The provisions of this permit are severable If any provision of this permit, or the application of any provision of this permit to any circumstances, is held mvand, the application of such provision to other circumstances, and the remainder of this permit, shall not be affected thereby [NCGS 150B-23]. 8 Duty to Provide Information The Permittee shall furnish to the Permit Issuing Authority, within a reasonable time, any information which the Permit Issuing Authority may request to determine whether cause exists for modifying, revoking and reissuing, or termmatmg this permit or to determme compliance with this permit The Permittee shall also furnish to the Permit Issuing Authonty upon request, copies of records required by this permit [40 CFR 122 41(h)] 9 Duty to Reapply if the Permittee wishes to continue an activity regulated by this peumt after the expiration date of this permit, the Permittee must apply for and obtain a new permit [40 CFR 122.41(b)] 10 Expiration of Permit The Permittee is not authonzed to discharge after the expiration date In order to receive automatic authorization to discharge beyond the expiration date, the Permittee shall submit such mformation, forms, and fees as are required by the agency authorized to issue permits no later than 180 days pnor to the expiration date unless permission for a later date has been granted by the Director (The Director shall not grant permission for applications to be submitted later than the expiration date of the existing permit) [40 CFR 122 21(d)] Any Permittee that has not requested renewal at least 180 days pnor to expiration, or any Permittee that does not have a permit after the expiration and has not requested renewal at least 180 days pnor to expiration, will subject the Permittee to enforcement procedures as provided m NCGS 143-215 6 and 33 USC 1251 et seq 11 Signatory Requirements All applications, reports, or mformation submitted to the Permit Issuing Authority shall be signed and certified [40 CFR 122 41(k)]. 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 prmcipal busmess function, or any other person who performs similar policy or decision makmg functions for the corporation, or (b) the manager of one or more manufacturing, production, or operating facilities, provided, the manager is authonzed to make management decisions which govern the operation of the regulated facility including having the explicit or implicit duty of making major capital investment recommendations, and initiating and directing other comprehensive measures to assure long term environmental compliance with environmental laws and regulations; the manager can ensure that the necessary systems are established or actions taken to gather complete and accurate mformation for permit application requirements, and where authority to sign documents has been assigned or delegated to the manager in accordance with corporate procedures (2) For a partnership or sole proprietorship- by a general partner or the propnetor, respectively, or (3) For a municipality, State, Federal, or other public agency by either a principal executive officer or ranking elected official [40 CFR 122.22]. b All reports required by the permit and other information requested by the Permit Issuing Authonty shall be signed by a person descnbed m paragraph a above or by a duly authonzed representative of that person. A person is a duly authorized representative only if (1) The authonzation is made in wntmg by a person described above, (2) The authonzation specified either an individual or a position havmg 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, supermtendent, a position of equivalent responsibility, or an individual or position having overall responsibility for environmental matters for the company (A duly authonzed representative may thus be either a named individual or any individual occupymg a named position ), and (3) The written authonzation is submitted to the Permit Issuing Authority [40 CFR 122 22] Version 11/09/2011 1 NPDES Permit Standard Conditions Page 6 of 18 c. Changes to authonzation If an authorization under paragraph (b) of this section is no longer accurate because a different individual or position has responsibility for the overall operation of the facility, a new authonzation satisfying the requirements of paragraph (b) of this section must be submitted to the Director prior to or together with any reports, mformation, or applications to be signed by an authorized representative [40 CFR 122.22] d Certification Any person signmg a document under paragraphs a. or b of this section shall make the following certification [40 CFR 122.22] NO OTHER STATEMENTS OF CERTIFICATION WILL BE ACCEPTED - "I cert fy, 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 filmg of a request by the Permittee for a permit modification, revocation and reissuance, or termmation, or a notification of planned changes or anticipated noncompliance does not stay any permit condition [40 CFR 122.41(f)] 13 Permit Modification, Revocation and Reissuance, or Termination The issuance of this permit does not prohibit :he permit issumg authority from reopening and modifying the peinnt, revoking and reissuing the permit, or terminating the permit as allowed by the laws, rules, and regulations contained m Title 40, Code of Federal Regulations, Parts 122 and 123, Title 15A of the North Carolma Administrative Code, Subchapter 02H 0100, and North Carolina General Statute 143 215 1 et al 14 Annual Administering and Comphance Monitoring Fee Requirements The Permittee must pay the annual administering and compliance momtormg fee within thirty days after bemg billed by the Division Failure to pay the fee in a timely manner in accordance with 15A NCAC 02H .0105(b)(2) may cause this Division to initiate action to revoke the permit. Section C. Operation and Maintenance of Pollution Controls 1 Certified Operator Owners of classified water pollution control systems must designate operators, certified by the Water Pollution Control System Operators Certification Commission (WPCSOCC), of the appropriate type and grade for the system, and, for each classification must [T15A NCAC 08G .0201]: a. designate one Operator In Responsible Charge (ORC) who possesses a valid certificate of the type and grade at least equivalent to the type and grade of the system; b. designate one or more Back-up Operator(s) in Responsible Charge (Back-up ORCs) who possesses a valid certificate of the type of the system and no more than one grade less than the grade of the system, with the exception of no backup operator in responsible charge is required for systems whose minimum visitation requirements are twice per year, and c. submit a signed completed "Water Pollution Control System Operator Designation Form" to the Commission (or to the local health depaitnient for owners of subsurface systems) countersigned by the designated certified operators, designating the Operator in Responsible Charge (ORC) and the Back-up Operator in Responsible Charge (Back-up ORC) (1) 60 calendar days pnor to wastewater or residuals being mtroduced into a new system, or (2) within 120 calendar days following ➢ receiving notification of a change in the classification of the system requiring the designation of a new Operator in Responsible Charge (ORC) and Back-up Operator m Responsible Charge (Back-up ORC) of the proper type and grade; or ➢ a vacancy m the position of Operator m Responsible Charge (ORC) or Back-up Operator in Responsible Charge (Back-up ORC) Version 11/09/2011 1 NPDES Permit Standard Conditions Page 7 of 18 (3) within seven calendar days of vacancies in both ORC and Back-up ORC positions replacing or designatmg at least one of the responsibilities The ORC of each Class I facility (or the Back-up ORC, when acting as surrogate for the ORC) must > Visit the facility as often as is necessary to insure proper operation of the treatment system, the treatment facility must be visited at least weekly > Comply with all other conditions of 15A NCAC 08G 0204 The ORC of each Class II, III and IV facility (or the Back-up ORC, when acting as surrogate for the ORC) must: > Visit the facility as often as is necessary to insure proper operation of the treatment system, the treatment facility must be visited at least five days per week, excluding holidays > Properly manage and document daily operation and maintenance of the facility > Comply with all other conditions of 15A NCAC 08G 0204 2 Proper Operation and Maintenance The Permittee shall at all times properly operate and maintain all facilities and systems of treatment and control (and related appurtenances) which are installed or used by the Permittee to achieve compliance with the conditions of this permit. Proper operation and mamtenance also mcludes adequate laboratory controls and appropriate quality assurance procedures This provision requires the Permittee to install and operate backup or auxiliary facilities only when necessary to achieve compliance with the conditions of the permit [40 CFR 122 41(e)]. NOTE Properly and officially designated operators are fully responsible for all proper operation and maintenance of the facility, and all documentation required thereof, whether acting as a contract operator [subcontractor] or a member of the Permittee's staff 3 Need to Halt or Reduce not a Defense It shall not be a defense for a Penmttee in an enforcement action that it would have been necessary to halt or reduce the permitted activity m order to maintain compliance with the condition of this permit [40 CFR 122 41(c)] 4 Bypassing of Treatment Facilities a Bypass not exceeding limitations [40 CFR 122.41(m)(2)] The Permittee may allow any bypass to occur which does not cause effluent limitations to be exceeded, but only if it also is for essential maintenance to assure efficient operation These bypasses are not subject to the provisions of Paragraphs b and c of this section b Notice [40 CFR 122 41(m)(3)] (1) Anticipated bypass If the Permittee knows in advance of the need for a bypass, it shall submit prior notice, if possible at least ten days before the date of the bypass, including an evaluation of the anticipated quality and effect of the bypass (2) Unanticipated bypass. The Permittee shall submit notice of an unanticipated bypass as required in Part II E 6 (24-hour notice) c Prohibition of Bypass (1) Bypass from the treatment facility is prohibited and the Permit Issuing Authonty 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 dunng normal periods of equipment downtime This condition is not satisfied if adequate backup equipment should have been installed in the exercise of reasonable engineering judgment to prevent a bypass which occurred during normal periods of equipment downtime or preventive maintenance, and (C) The Permittee submitted notices as required under Paragraph b of this section (2) Bypass from the collection system is prohibited and the Permit Issuing Authonty may take enforcement action against a Permittee for a bypass as provided in any current or future system -wide collection system permit associated with the treatment facility Version 11/09/2011 1 NPDES Permit Standard Conditions Page 8 of 18 (3) The Permit Issumg Authonty may approve an anticipated bypass, after considering its adverse effects, if the Penrut Issumg Authonty determines that it will meet the three conditions fisted above m Paragraph c. (1) of this section. 5. Upsets a. Effect of an upset [40 CFR 122 41(n)(2)] An upset constitutes an affirmative defense to an action brought for noncompliance with such technology based permit effluent limitations if the requirements of paragraph b. of this condition are met. No determination made during administrative review of claims that noncompliance was caused by upset, and before an action for noncompliance, is final administrative action subject to judicial review b. Conditions necessary for a demonstration of upset- Any Permittee who wishes to establish the affirmative defense of upset shall demonstrate, through properly signed, contemporaneous operating logs, or other relevant evidence that (1) An upset occurred and that the Permittee can identify the cause(s) of the upset, (2) The Permittee facility was at the time bemg properly operated, and (3) The Permittee submitted notice of the upset as required m Part II E 6.(b) of this permit (4) The Permittee complied with any remedial measures required under Part II.B.2 of this permit. c Burden of proof [40 CFR 122.41(n)(4)]• The Permittee seeking to establish the occurrence of an upset has the burden of proof in any enforcement proceeding 6. Removed Substances Solids, sludges, filter backwash, or other pollutants removed in the course of treatment or control of wastewaters shall be utilized/disposed of in accordance with NCGS 143-215.1 and in a manner such as to prevent any pollutant from such materials from entenng waters of the State or navigable waters of the United States except as peiuntted by the Commission. The Permittee shall comply with all applicable state and Federal regulations governmg the disposal of sewage sludge, mcluding 40 CFR 503, Standards for the Use and Disposal of Sewage Sludge, 40 CFR Part 258, Cntena For Municipal Solid Waste Landfills, and 15A NCAC Subchapter 2T, Waste Not Discharged To Surface Waters. The Permittee shall notify the Permit Issumg Authority of any significant change m its sludge use or disposal practices 7 Power Failures The Permittee is responsible for mamtammg adequate safeguards (as required by 15A NCAC 02H 0124) to prevent the discharge of untreated or inadequately treated wastes dunng electncal power failures either by means of alternate power sources, standby generators or retention of inadequately treated effluent. Section D. Monitoring and Records 1 Representative Samplmg Samples collected and measurements taken, as required herem, shall be representative of the permitted discharge Samples collected at a frequency less than daily shall be taken on a day and time that is representative of the discharge for the penod the sample represents All samples shall be taken at the monitonng points specified m this permit and, unless otherwise specified, before the effluent joms or is diluted by any other wastestream, body of water, or substance Monitoring pomts shall not be changed without notification to and the approval of the Permit Issumg Authonty [40 CFR 122 41(l)] 2. Reporting Momtormg results obtained during the previous month(s) shall be summarized for each month and reported on a monthly Discharge Momtormg Report (DMR) Form (MR 1, 1 1, 2, 3) or alternative forms approved by the Director, postmarked no later than the last calendar day of the month following the completed reporting penod The first DMR is due on the last day of the month following the issuance of the permit or m 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 herem, shall be submitted to the following address Version 11/09/2011 1 NPDES Permit Standard Conditions Page9of18 NC DENR / Division of Water Resources / Water Quality Permitting Section ATTENTION. Central Files 1617 Mail Service Center Raleigh, North Carolma 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 reliabihty of measurements of the volume of monitored discharges The devices shall be installed, calibrated and maintained to ensure that the accuracy of the measurements is consistent with the accepted capability of that type of device Devices selected shall be capable of measunng flows with a maximum deviation of less than 10% from the true discharge rates throughout the range of expected discharge volumes Flow measurement devices shall be accurately calibrated at a minimum of once per year and maintained to ensure that the accuracy of the measurements is consistent with the accepted capability of that type of device. The Director shall approve the flow measurement device and monitoring location pnor to installation Once -through condenser cooling water flow monitored by pump logs, or pump hour meters as specified in Part I of this permit and based on the manufacturer's pump curves shall not be subject to this requirement. 4 Test Procedures Laboratories used for sample analysis must be certified by the Division Pernmttees should contact the Division's Laboratory Certification Section (919 733-3908 or http //portal ncdenr org/web/wq/lab/cert) for information regarding laboratory certifications Facilities whose personnel are conducting testing of field -certified parameters only must hold the appropnate field parameter laboratory certifications Test procedures for the analysis of pollutants shall conform to the EMC regulations (published pursuant to NCGS 143-215 63 et. seq ), the Water and Air Quality Reporting Acts, and to regulations published pursuant to Section 304(g), 33 USC 1314, of the CWA (as amended), and 40 CFR 136, or in the case of sludge use or disposal, approved under 40 CFR 136, unless otherwise specified in 40 CFR 503, unless other test procedures have been specified in this permit [40 CFR 122.41] To meet the intent of the monitonng 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 reportmg levels below permit discharge requirements, then the most sensitive (method with the lowest possible detection and reporting level) approved method must be used 5 Penalties for Tampering The CWA provides that any person who falsifies, tampers with, or knowingly renders inaccurate, any monitonng device or method required to be mamtamed under this permit shall, upon conviction, be punished by a fine of not more than $10,000 per violation, or by imprisonment for not more than two years per violation, or by both. If a conviction of a person is for a violation committed after a first conviction of such person under this paragraph, punishment is a fine of not more than $20,000 per day of violation, or by imprisonment of not more than 4 years, or both [40 CFR 122 41] 6 Records Retention Except for records of monitoring information required by this permit related to the Pennittee's sewage sludge use and disposal activities, which shall be retained for a penod of at least five years (or longer as required by 40 CFR 503), the Permittee shall retain records of all monitoring information, mcludmg ➢ all calibration and maintenance records ➢ all original step chart recordings for continuous monitoring instrumentation ➢ copies of all reports required by this permit ➢ copies of all data used to complete the application for this permit These records or copies shall be maintained for a period of at least 3 years from the date of the sample, measurement, report or application This penod may be extended by request of the Director at any time [40 CFR 122 41] Version 11/09/2011 1 NPDES Permit Standard Conditions Page 10 of 18 7 Recording Results For each measurement or sample taken pursuant to the requirements of this permit, the Permittee shall record the following information [40 CFR 122.41] a The date, exact place, and time of sampling or measurements, b The mdividual(s) who performed the sampling or measurements; c The date(s) analyses were performed, d. The mdividual(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 authonzed representative (including an authonzed contractor acting as a representative of the Director), upon the presentation of credentials and other documents as may be required by law, to; a. Enter, at reasonable times, upon the Penruttee's premises where a regulated facility or activity is located or conducted, or where records must be kep: 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 (mcludmg momtonng and control equipment), practices, or operations regulated or required under this permit; and d Sample or monitor at reasonable times, for the purposes of assunng permit compliance or as otherwise authorized by the CWA, any substances or parameters at any location [40 CFR 122 41(1)] 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 authonzed shall constitute a violation of the permit 2 Planned Changes The Permittee shall give notice to the Director as soon as possible of any planned physical alterations or additions to the permitted facility [40 CFR 122.41(1)]. Notice is required only when: a. The alteration or addition to a permitted facility may meet one of the cntena for new sources at 40 CFR 122.29(b), or b. The alteration or addition could significantly change the nature or increase the quantity of pollutants discharged This notification applies to pollutants subject neither to effluent limitations m the permit, nor to notification requirements under 40 CFR 122 42(a)(1); or c The alteration or addition results in a significant change m the Permittee's sludge use or disposal practices, and such alteration, addition or change may justify the application of permit conditions that are different from or absent in the existing permit, including notification of additional use or disposal sites not reported during the permit application process or not reported pursuant to an approved land application plan 3. Anticipated Noncompliance The Permittee shall give advance notice to the Director of any planned changes to the permitted facility or other activities that might result m noncompliance with the permit [40 CFR 122.41(1)(2)]. 4. Transfers This permit is not transferable to any person without prior wntten notice to and approval from the Director in accordance with 40 CFR 122.61 The Director may condition approval in accordance with NCGS 143-215 1, in particular NCGS 143-215 1(b)(4)b.2 , and may require modification or revocation and reissuance of the permit, or a minor modification, to identify the new permittee and mcorporate such other requirements as may be necessary under the CWA [40 CFR 122 41(1)(3), 122 61] o: state statute. Version 11/09/2011 1 NPDES Permit Standard Conditions Page 11 of 18 5 Momtonng Reports Momtonng results shall be reported at the intervals specified elsewhere in this permit [40 CFR 122.41(1)(4)] a. Momtonng results must be reported on a Discharge Momtonng Report (DMR) (See Part II D 2) or forms provided by the Director for reporting results of momtoring of sludge use or disposal practices b If the Permittee monitors any pollutant more frequently than required by this permit using test procedures approved under 40 CFR Part 136 and at a sampling location specified in this permit or other appropriate instrument governing the discharge, the results of such monitonng shall be included m the calculation and reporting of the data submitted on the DMR 6 Twenty-four Hour Reporting a The Permittee shall report to the Director or the appropriate Regional Office any noncompliance that potentially threatens public health or the environment Any information shall be provided orally within 24 hours from the time the Penmttee 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 descnption of the noncompliance, and its cause, the penod of noncompliance, mcludmg exact dates and times, and if the noncompliance has not been corrected, the anticipated time it is expected to continue, and steps taken or planned to reduce, eliminate, and prevent reoccurrence of the noncompliance [40 CFR 122 41(1)(6)]. b The Director may waive the written report on a case -by -case basis for reports under this section if the oral report has been received within 24 hours c. Occurrences outside normal business hours may also be reported to the Division's Emergency Response personnel at (800) 662-7956, (800) 858-0368 or (919) 733-3300 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 momtonng reports are submitted The reports shall contain the information listed in Part II E 6. of this permit [40 CFR 122 41(l)(7)] 8 Other Information Where the Permittee becomes aware that it failed to submit any relevant facts in a permit application, or submitted incorrect information m a permit application or in any report to the Director, it shall promptly submit such facts or information [40 CFR 122 41(1)(8)] 9 Noncompliance Notification The Permittee shall report by telephone to either the central office or the appropnate 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 m the discharge of significant amounts of wastes which are abnormal in quantity or characteristic, such as the dumping of the contents of a sludge digester, the known passage of a slug of hazardous substance through the facility, or any other unusual circumstances b Any process unit failure, due to known or unknown reasons, that render the facility incapable of adequate wastewater treatment such as mechanical or electrical failures of pumps, aerators, compressors, etc c Any failure of a pumping station, sewer line, or treatment facility resulting in a by-pass without treatment of all or any portion of the influent to such station or facility Persons reporting such occurrences by telephone shall also file a wntten report within 5 days following first knowledge of the occurrence Also see reporting requirements for municipalities m Part IV C 2 c of this permit 10 Availability of Reports Except for data determined to be confidential under NCGS 143-215 3 (a)(2) or Section 308 of the Federal Act, 33 USC 1318, all reports prepared in accordance with the terms shall be available for public mspection at the offices of the Division As required by the Act, effluent data shall not be considered confidential Knowingly making any false statement on any such report may result in the imposition of criminal penalties as provided for m NCGS 143- 215 1(b)(2) or in Section 309 of the Federal Act Version 11/09/2011 1 NPDES Permit Standard Conditions Page 12 of 18 11 Penalties for Falsification of Reports The CWA provides that any person who kncwmgly makes any false statement, representation, or certification in any record or other document submitted or required to be mamtamed under this permit, including momtonng reports or reports of compliance or noncompliance shall, upon conviction, be punished by a fine of not more than $25,000 per violation, or by impnsonment far not more than two years per violation, or by both [40 CFR 122 41]. 12 Annual Performance Reports Permittees who own or operate facilities that pnmanly collect or treat municipal or domestic wastewater and have an average annual flow greater than 200,000 gallons per day shall provide an annual report to the Permit Issumg Authonty and to the users/customers served by the Penmttee (NCGS 143-215.1C). The report shall summarize the performance of the collection or treatment system, as well as the extent to which the facility was compliant with applicable Federal or State laws, regulations and rules pertaining to water quality The report shall be provided no later than sixty days after the end of the calendar or fiscal year, depending upon which annual period is used for evaluation. The report shall be sent to NC DENR / Division of Water Resources / Water Quality Permitting Section ATTENTION Central Files 1617 Mail Service Center Raleigh, North Carolma 27699-1617 Version 11/09/2011 1 NPDES Permit Standard Conditions Page 13 of 18 PART III OTHER REQUIREMENTS Section A. Construction a The Permittee shall not commence construction of wastewater treatment facilities, nor add to the plant's treatment capacity, nor change the treatment process(es) utilized at the treatment plant unless (1) the Division has issued an Authorization to Construct (AtC) permit or (2) the Permittee is exempted from such AtC permit requirements under Item b of this Section b. In accordance with NCGS 143-215 1(a5) [SL 2011-394], no permit shall be required to enter mto a contract for the construction, mstallation, or alteration of any treatment work or disposal system or to construct, install, or alter any treatment works or disposal system within the State when the system's or work's principle function is to conduct, treat, equalize, neutralize, stabilize, recycle, or dispose of mdustnal waste or sewage from an industrial facility and the discharge of the industrial waste or sewage is authorized under a permit issued for the discharge of the industrial waste or sewage into the waters of the State Notwithstanding the above, the permit issued for the discharge may be modified if required by federal regulation c Issuance of an AtC will not occur until Final Plans and Specifications for the proposed construction have been submitted by the Permittee and approved by the Division Section B. Groundwater Monitoring The Permittee shall, upon wntten notice from the Director, conduct groundwater monitoring as may be required to determine the compliance of this NPDES permitted facility with the current groundwater standards Section C. Changes in Discharges of Toxic Substances The Permittee shall notify the Permit Issuing Authonty as soon as it knows or has reason to believe (40 CFR 122 42) a That any activity has occurred or will occur which would result in the discharge, on a routine or frequent basis, of any toxic pollutant which is not limited in the permit, if that discharge will exceed the highest of the following "notification levels", (1) One hundred micrograms per liter (100 µg/L), (2) Two hundred micrograms per liter (200 µg/L) for acrolem and acrylomtrile, five hundred micrograms per titer (500 µg/L) for 2,4-dmitrophenol and for 2-methyl-4,6-dmitrophenol, and one milligram per liter (1 mg/L) for antimony, (3) Five times the maximum concentration value reported for that pollutant in the permit application b That any activity has occurred or will occur which would result in any discharge, on a non -routine or infrequent basis, of a toxic pollutant which is not limited in the permit, if that discharge will exceed the highest of the following "notification levels", (1) Five hundred micrograms per liter (500 µg/L), (2) One milligram per liter (1 mg/L) for antimony, (3) Ten times the maximum concentration value reported for that pollutant in the permit application Section D. Facility Closure Requirements The Permittee must notify the Division at least 90 days prior to the closure of any wastewater treatment system covered by this permit. The Division may require specific measures during deactivation of the system to prevent adverse impacts to waters of the State. This permit cannot be rescinded while any activities requiring this pen -nit continue at the permitted facility Version 11/09/2011 1 NPDES Permit Standard Conditions Page 14 of 18 PART IV SPECIAL CONDITIONS FOR MUNICIPAL FACILITIES Section A. Definitions In addition to the definitions m Part II of this permit, the following definitions apply to municipal facilities Indirect Discharge or Industrial User Any non -domestic source that discharges wastewater containing pollutants mto a POTW regulated under section 307(b), (c) or (d) of the CWA [40 CFR 403.3 (i) and (j) and 15A NCAC 02H .0903(b)(11)] Interference Inhibition or disruption of the POTW treatment processes; operations, or its sludge process, use, or disposal which causes or contnbutes to a violation of any requirement of the Permittee's (or any satellite POTW's if different from the Permittee) NPDES, collection system, or non -discharge permit or prevents sewage sludge use or disposal m compliance with specified applicable State and Federal statutes, regulations, or permits. [15A NCAC 02H 0903(b)(14)] Pass Through A discharge which exits the POTW into waters of the State in quantities or concentrations which, alone or with discharges from other sources, causes a violation, includmg an increase in the magnitude or duration of a violation, of the Permittee's (or any satellite POTW's, if different from the Permittee) NPDES, collection system, or non -discharge permit. [15A NCAC 02H 0903(b)(23)] Publicly Owned Treatment Works (POTW) A treatment works as defined by Section 212 of the CWA, which is owned by a State or local government organization This definition mcludes any devices and systems used m the storage, treatment, recyclmg and reclamation of municipal sewage or industrial wastes of a liquid nature It also includes the collection system, as defined in 15A NCAC 2T .0402, only if it conveys wastewater to a POTW treatment plant The tern also means the local govemment organization, or municipality, as defined in section 502(4) of the CWA, which has junsdiction over mdirect discharges to and the discharges from such a treatment works In this context, the organization may be the owner of the POTW treatment plant or the owner of the collection system into which an mdirect discharger discharges. This second type of POTW maybe referred to as a "satellite POTW organization." [15A NCAC 02H 0903(b)(26)] "Significant Industrial User" or "SIU" An Industrial User that discharges wastewater mto a publicly owned treatment works and that [15A NCAC 02H .0903(b)(33)]: 1. Discharges an average of 25,000 gallons per day or more of process wastewater to the POTW (excludmg samtary, noncontact coolmg and boiler blowdown wastewaters); or 2 Contributes process wastewater which makes up five percent or more of the NPDES or non -discharge permitted flow limit or organic capacity of the POTW treatment plant. In this context, organic capacity refers to BOD, TSS and ammonia; or 3 Is subject to categorical standards under 40 CFF_ Part 403.6 and 40 CFR Parts 405-471, or 4. Is designated as such by the Permittee on the ba3is that the Industrial User has a reasonable potential for adversely affecting the POTW's operation or for violating any pretreatment standard or requirement, or the POTW's effluent limitations and conditions in its NPDES or non -discharge permit, or to limit the POTW's sludge disposal options, 5. Subject to approval under 15A NCAC 02H 0907(b), the Permittee may determine that an Industrial User meetmg the cntena in paragraphs 1 or 2 of this definition above has no reasonable potential for adversely affecting the POTW's operation or for violating any pretreatment standard or requirement, the POTW's effluent limitations and conditions in its NPDES or non -discharge permit, or to limit the POTW's sludge disposal options, and thus is not a Significant Industnal User (SIU), or 6 Subject to approval under 15A NCAC 02H .0907(b), the Permittee may determine that an Industrial User meeting the criteria in paragraph 3 of this definition above meets the requirements of 40 CFR Part 403 3(v)(2) and thus is a non -significant categorical Industnal User Section B. Publicly Owned Treatment Works (POTWs) Version 11/09/2011 1 NPDES Permit Standard Conditions Page 15 of 18 Section C. Municipal Control of Pollutants from Industrial Users. 1 Effluent limitations are fisted in Part I of this permit Other pollutants attributable to inputs from Industrial Users discharging to the POTW may be present in the Permittee's discharge At such time as sufficient information becomes available to establish limitations for such pollutants, this permit may be revised to specify effluent limitations for any or all of such other pollutants in accordance with best practicable technology or water quality standards 2. Prohibited Discharges a The Permittee shall develop and enforce their Pretreatment Program to implement the prohibition against the mtroduction of pollutants or discharges mto the waste treatment system or waste collection system which cause or contribute to Pass Through or Interference as defined in 15A NCAC 02H 0900 and 40 CFR 403 [40 CFR 403 5(a)(1)] b The Permittee shall develop and enforce their Pretreatment Program to implement the prohibitions against the introduction of the following wastes in the waste treatment or waste collection system [40 CFR 403 5(b)] (1) Pollutants which create a fire or explosion hazard in the POTW, including, but not limited to, wastestreams with a closed cup flashpomt of less than 140 degrees Fahrenheit or 60 degrees Centigrade using the test methods specified in 40 CFR 261.21, (2) Pollutants which cause corrosive structural damage to the POTW, but in no case discharges with pH lower than 5 0, unless the works is specifically designed to accommodate such discharges, Solid or viscous pollutants in amounts which cause obstruction to the flow in the POTW resulting in Interference; (4) Any pollutant, mcluding oxygen demanding pollutants (BOD, etc ) released in a Discharge at a flow rate and/or pollutant concentration which will cause Interference with the POTW, Heat in amounts which will inhibit biological activity in the POTW resulting in Interference, but in no case heat in such quantities that the temperature at the POTW Treatment Plant exceeds 40°C (104°F) unless the Division, upon request of the POTW, approves alternate temperature limits, (6) Petroleum oil, non -biodegradable cutting oil, or products of mineral oil origin in amounts that will cause Interference or Pass Through, Pollutants which result in the presence of toxic gases, vapors, or fumes within the POTW in a quantity that may cause acute worker health and safety problems, or (8) Any trucked or hauled pollutants, except at discharge points designated by the POTW c The Permittee shall investigate the source of all discharges into the POTW, includmg slug loads and other unusual discharges, which have the potential to adversely impact the Permittee's Pretreatment Program and/or the operation of the POTW The Permittee shall report such discharges into the POTW to the Director or the appropriate Regional Office Any information shall be provided orally within 24 hours from the time the Permittee became aware of the circumstances A wntten submission shall also be provided within 5 days of the time the Permittee becomes aware of the circumstances The written submission shall contain a description of the discharge, the mvestigation into possible sources, the penod of the discharge, mcluding exact dates and times, if the discharge has not ceased, the anticipated time it is expected to continue, and steps taken or planned to reduce, eliminate, and prevent reoccurrence of the noncompliance, All POTWs must provide adequate notice to the Director of the following [40 CFR 122 42(b)] 1. Any new introduction of pollutants mto the POTW from an indirect discharger, regardless of the means of transport, which would be subject to section 301 or 306 of CWA if it were directly discharging those pollutants, and 2. Any substantial change in the volume or character of pollutants being introduced by an indirect discharger as influent to that POTW at the time of issuance of the permit 3 For purposes of this paragraph, adequate notice shall include mformation on (1) the quality and quantity of effluent introduced into the POTW, and (2) any anticipated impact that may result from the change of the quantity or quality of effluent to be discharged from the POTW. (3) (5) (7) Version 11/09/2011 1 NPDES Permit Standard Conditions Page 16 of 18 3. With regard to the effluent requirements listed m Part I of this permit, it may be necessary for the Permittee to supplement the requirements of the Federal Pretreatment Standards (40 CFR, Part 403) to ensure compliance by the Pertmttee with all applicable effluent limitations Such actions by the Permittee may be necessary regarding some or all of the mdustnes discharging to the municipal system 4 The Permittee shall require any Industrial User (IU) discharging to the POTW to meet Federal Pretreatment Standards developed under Section 307(b) of the Act as amended (which includes categoncal standards and specific local limits, best management practices and narrative requirements) Pnor to accepting wastewater from any Significant Industrial User (SIU), the Permittee shall either develop and submit to the Division a new Pretreatment Program or, as necessary, a modification of an existmg Pretreatment Program, for approval as required under section D below as well as 15A NCAC 02H 0907(a) and (b). [40 CFR 122.440)(2)] 5 This permit shall be modified, or alternatively, revoked and reissued, to mcorporate or modify an approved POTW Pretreatment Program or to mclude a compliance schedule for the development of a POTW Pretreatment Program as required under Section 402 (b)(8) of the CWA and implementmg regulations or by the requirements of the approved State pretreatment program, as appropriate Section D. Pretreatment Programs Under authonty of sections 307 (b) and (c) and 402(b)(8) of the CWA and implementing regulations 40 CFR 403, North Carolina General Statute 143-215 3(14) and implementing regulations 15A NCAC 02H 0900, and m accordance with the approved pretreatment program, all provisions and regulations contained and referenced in the pretreatment program submittal are an enforceable part of this permit [40 CFR 122.44(1)(2)] The Permittee shall operate its approved pretreatment program in accordance with Section 402(b)(8) of the CWA, 40 CFR 403, 15A NCAC 02H .0900, and the legal authontres, policies, procedures, and financial provisions contamed rn its pretreatment program submission and Division approved modifications thereof. Such operation shall include but is not limited to the implementation of the following conditions and requirements Terms not defined in Part II or Part IV of this permit are as defied in 15A NCAC 02H 0903 and 40 CFR 403 3 1. Sewer Use Ordinance (SUO) The Permittee shall maintain adequate legal authority to implement its approved pretreatment program. [15A NCAC 02H 0903(b)(32), .0905 and .0906(b)(1); 40 CFR 403 8(f)(1) and 403 9(b)(1) and (2)] 2 Industrial Waste Survey (IWS) The Permittee shall implement an IWS consisting of the survey of users of the POTW collection system or treatment plant, as required by 40 CFR 403 8(f)(2)(1-m) and 15A NCAC 02H 0905 [also 40 CFR 122 44(1)(1)], mcludmg identification of all Industnal Users that may have an impact on the POTW and the character and amount of pollutants contributed to the POTW by these Industrial Users and identification of those Industrial Users meeting the definition of SIU. Where the Permittee accepts wastewater from one or more satellite POTWs, the IWS for the Permittee shall address all satellite POTW services areas, unless the pretreatment program in those satellite service areas is administered by a separate Permittee with an approved Pretreatment Program The Permittee shall submit a summary of its IWS activities to the Division at least once every five years, and as required by the Division The IWS submission shall include a summary of any investigations conducted under paragraph C.2 c of this Part. [15A NCAC 02H 0903(b)(13), .0905 and 0906(b)(2), 40 CFR 403 8(f)(2) and 403 9] 3 Momtormg Plan The Permittee shall implement a Division -approved Momtonng Plan for the collection of facility specific data to be used in a wastewater treatment plant Headworks Analysis (HWA) for the development of specific pretreatment local limits. Effluent data from the Plan shall be reported on the DMRs (as required by Parts II D and II.E 5.) [15A NCAC 02H .0903(b)(16), 0906(b)(3) and .0905] 4 Headworks Analysis (HWA) and Local Limits The Permittee shall obtain Division approval of a HWA at least once every five years, and as required by the Division. Within 180 days of the effective date of this permit (or any subsequent permit modification) the Permittee shall submit to the Division a wntten tzchmcal evaluation of the need to revise local limits (r e , an updated HWA or documentation of why one is not needed) [40 CFR 122 44]. The Pemattee shall develop, in accordance with 40 CFR 403.5(c) and 15A NCAC 02H .0909, specific Local Limits to implement the prohibitions listed in 40 CFR 403.5(a) and (b) and 15A NCAC 02H 0909 Pursuant to 40 CFR 403 5, local limits are Version 11/09/2011 1 NPDES Permit Standard Conditions Page 17 of 18 enforceable Pretreatment Standards as defied by 40 CFR 403 3(1) [15A NCAC 02H .0903(b)(10), 0905, and 0906(b)(4)] 5 Industrial User Pretreatment Permits (IUP) & Allocation Tables In accordance with NCGS 143-215 1, the Permittee shall issue to all Significant Industrial Users, permits for operation of pretreatment equipment and discharge to the Permittee's collection system or treatment works These permits shall contain limitations, sampling protocols, reporting requirements, appropnate standard and special conditions, and compliance schedules as necessary for the mstallatmon of treatment and control technologies to assure that their wastewater discharge will meet all applicable pretreatment standards and requirements The Permittee shall maintain a current Allocation Table (AT) which summarizes the results of the HWA and the limits from all IUPs. Permitted IUP loadings for each parameter cannot exceed the treatment capacity of the POTW as determined by the HWA [15A NCAC 02H .0906(b)(6), 0909, 0916, and .0917; 40 CFR 403 5, 403 8(f)(1)(m); NCGS 143-215 67(a)] 6 Authorization to Construct (AtC) The Permittee shall ensure that an Authorization to Construct permit (AtC) is issued to all applicable Industrial Users for the construction or modification of any pretreatment facility Prior to the issuance of an AtC, the proposed pretreatment facility and treatment process must be evaluated for its capacity to comply with all Industrial User Pretreatment Permit (IUP) limitations [15A NCAC 02H 0906(b)(7) and 0905, NCGS 143- 215 1(a)(8)] 7 POTW Inspection & Monitoring of their IUs The Permittee shall conduct inspection, surveillance, and monitoring activities as described in its Division approved pretreatment program in order to determine, independent of mformation supplied by Industrial Users, compliance with applicable pretreatment standards [15A NCAC 02H 0908(e), 40 CFR 403 8(f)(2)(v)] The Permittee must a Inspect all Significant Industrial Users (SIUs) at least once per calendar year, b. Sample all Significant Industnal Users (SIUs) at least once per calendar year for all SIU permit -limited parameters mcludmg flow except as allowed under 15A NCAC 0908(e), and c At least once per year, document an evaluation of any non -significant categoncal Industnal User for compliance with the requirements m 40 CFR 403 3(v)(2), and either continue or revoke the designation as non- significant. 8 IU Self Monitoring and Reporting The Penmttee shall require all Industrial Users to comply with the applicable monitoring and reporting requirements outlined m the Division -approved pretreatment program, the industry's pretreatment permit, or in 15A NCAC 02H 0908 [15A NCAC 02H 0906(b)(5) and 0905, 40 CFR 403 8(f)(1)(v) and (2)(m), 40 CFR 122 440)(2) and 40 CFR 403 12] 9 Enforcement Response Plan (ERP) The Permittee shall enforce and obtain appropriate remedies for violations of all pretreatment standards promulgated pursuant to section 307(b) and (c) of the CWA (40 CFR 405 et seq ), prohibitive discharge standards as set forth in 40 CFR 403 5 and 15A NCAC 02H .0909, specific local limitations, and other pretreatment requirements All remedies, enforcement actions and other, shall be consistent with the Enforcement Response Plan (ERP) approved by the Division [15A NCAC 02H 0903(b)(7), 0906(b)(8) and 0905, 40 CFR 403 8(f)(5)] 10 Pretreatment Annual Reports (PAR) The Permittee shall report to the Division in accordance with 15A NCAC 02H 0908 In lieu of submitting annual reports, Modified Pretreatment Programs developed under 15A NCAC 02H 0904 (b) may be required to submit a partial annual report or to meet with Division personnel periodically to discuss enforcement of pretreatment requirements and other pretreatment implementation issues For all other active pretreatment programs, the Permittee shall submit two copies of a Pretreatment Annual Report (PAR) descrbmg its pretreatment activities over the previous calendar year to the Division at the following address Version 11/09/2011 1 NPDES Permit Standard Conditions Page 18 of 18 NC DENR / Division of Water Resources / Water Quality Permitting Section Pretreatment, Emergency Response, and Collection Systems (PERCS) Unit 1617 Mail Service Center Raleigh, North Carolina 27699-1617 These reports shall be submitted by March I of each year and shall contain the following a Narrative A narrative summary detailing actions taken, or proposed, by the Permittee to correct significant non- compliance and to ensure compliance with pretreatment requirements, b. Pretreatment Program Summary (PPS) A pretreatment program summary (PPS; on forms or in a format provided by the Division, c. Significant Non -Compliance Report (SNCR) A list of Industrial Users (IUs) m significant noncompliance (SNC) with pretreatment requirements, and the nature of the violations on forms or m a format provided by the Division, d Industrial Data Summary Forms (IDSF) Monitoring data from samples collected by both the POTW and the Significant Industrial Users (SIUs). These analytical results must be reported on Industrial Data Summary Forms (IDSF) or on other forms or m a format provided by the Division; e. Other Information Copies of the POTW's allocation table, new or modified enforcement compliance schedules, public notice of lUs in SNC, a summary of data or other Information related to significant noncompliance determinations for IUs that are not considered SIUs, and any other mformation, upon request, which m the opinion of the Director is needed to determine compliance with the pretreatment implementation requirements of this permit, 11. Public Notice The Permittee shall publish annually a list of Industrial Users (IUs) that were in significant noncompliance (SNC) as defined in the Permittee's Division -approved Sewer Use Ordinance with applicable pretreatment requirements and standards during the previous twelve month penod This list shall be published within four months of the applicable twelve-month penod [15A NCAC 02H 0903(b)(34), 0908(b)(5) and 0905 and 40 CFR 403.8(f)(2)(vm)] 12. Record Keeping The Permittee shall retain for a minimum of three years records of monitonng activities and results, along with support information including general records, water quality records, and records of mdustnal impact on the POTW and shall retain all other Pretreatment program records as required by 15A NCAC 02H 0908(f). [15A NCAC 02H 0908(f), 40 CFR 403.12(o)] 13. Pretreatment Program Resources The Permittee shall mamtam adequate funding and qualified personnel to accomplish the objectives of its approved pretreatment program and retain a written description of those current levels of inspection [15A NCAC 02H 0906(b)(9) and (10) and 0905, 40 CFR 403 8;f)(3), 403.9(b)(3)] 14 Modification to Pretreatment Programs Modifications to the approved pretreatment program mcludmg but not limited to local limits modifications, POTW monitonng of their Significant Industrial Users (SIUs), and Monitoring Plan modifications, shall be considered a permit modification and shall be governed by LO CFR 403 18, 15 NCAC 02H 0114 and 15A NCAC 02H .0907. Version 11/09/2011 1