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HomeMy WebLinkAboutNC0086169_Issuance of Permit_19971114 State of North Carolina Department of Environment, Health and Natural Resources AIIL7i1VA Division of Water Quality James B. Hunt, Jr., Governor Wayne McDevitt, Secretary p E H N F=1 A. Preston Howard, Jr., P.E., Director November 14, 1997 Ms. Christy L. Hannan Corning Incorporated Telecommunications Products Division 14556 Highway 601 South Midland,North Carolina 28107 Subject: NPDES Permit Issuance Permit No. NC0086169 Midland Fiber Facility Cabarrus County Dear Ms. Hannan: In accordance with the application for discharge permit received on July 7, 1997.the Division is forwarding herewith the subject state - NPDES permit. This permit is issued pursuant to the requirements of North Carolina General Statute 143-215.1 and the Memorandum of Agreement between North Carolina and the U.S. Environmental Protection Agency dated December 6, 1983. In response to your comments regarding the draft NPDES permit received September 19, 1997, the Division offers the following: • The permit cover sheet has been modified to accurately reflect the tributaries into which outfalls 001 and 002 discharge. • The supplement to permit cover page and the effluent limitations page for outfall 003 have been modified to reflect a 0.0274 MGD monthly average flow limitation. A compliance schedule has been installed in this permit to reflect the temporary discharge of non-contact cooling water and boiler blowdown through outfalls 001 and 002 respectively. Beginning on July 1, 1998, all wastewaters other than stormwater should be routed to, and subsequently discharge from, outfall 003. Should Coming's schedule for the diversion of non-contact cooling water and boiler blowdown to outfall 003 change, the Division must be contacted immediately. Because of the hydraulic nature of the receiving stream, the Division recommended against the installation of an effluent diffuser. In light of this fact, and the potential for this discharge to effect the instream biological community, a benthic macroinvertebrate survey condition has been installed as condition A(8)of the supplement to effluent limitations and monitoring portion of the permit. 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, Post Office Drawer 27447, Raleigh, North Carolina 27611-7447. Unless such a demand is made,this permit shall be final and binding. P.O. Box 29535, Raleigh, North Carolina 27626-0535 Telephone 919-733-5083 FAX 919-733-0719 An Equal Opportunity Affirmative Action Employer 50%recycled/10%post-consumer paper Please take notice that this permit is not transferable. Part II, E.4. addresses the requirements to be followed in case of change in ownership or control of this discharge. This permit does not affect the legal requirements to obtain other permits which may be required by the Division of Water Quality or permits required by the Division of Land Resources,Coastal Area Management Act,or any other Federal or Local governmental permits may be required. If you have any questions or need additional information, please contact Mr. Mark McIntire, telephone number(919)733-5083,extension 553. Sincerely, Original Signed By David A. Goodrich A. Preston Howard, Jr., P.E. cc: Central Files Mr. Roosevelt Childress,EPA Mooresville Regional Office,Water Quality 1111111111.1111 Point Source Compliance/Enforcement Unit Aquatic Toxicology Unit Permit No. NC0086169 STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENT, HEALTH, AND NATURAL RESOURCES DIVISION OF WATER QUALITY 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, Corning Incorporated is hereby authorized to discharge wastewater and stormwater from a facility located at Corning Incorporated Off Highway 601 Midland Cabarrus County to receiving waters designated as an unnamed tributary of Muddy Creek(outfall 001), an unnamed tributary of Clear Creek (outfall 002) and the Rocky River(outfall 003) in the Yadkin-Pee Dee River Basin in accordance with effluent limitations, monitoring requirements, and other conditions set forth in Parts I, II, HI, IV, V and VI hereof. The permit shall become effective December 1, 1997 This permit and the authorization to discharge shall expire at midnight on October 31, 1999. Signed this day November 14, 1997 . Preston Howard, Jr., P?., Director Division of Water Quality By Authority of the Environmental Management Commission Permit No. NC0086169 SUPPLEMENT TO PERMIT COVER SHEET Corning Incorporated is hereby authorized to: 1. Operate, after receiving an Authorization to Construct, a 0.0274 MGD wastewater treatment facility consisting of an equalization tank, an off-spec tank, a Lamella clarifier, two neutralization tanks and a neutralization transfer tank located at a facility located off of Highway 601 in Midland, Cabarrus County (see Part HI of this permit), 2. Discharge from said treatment works at the location specified on the attached map into the Rocky River (Outfall 003), discharge stormwater and non-contact cooling water from a wet retention pond into an unnamed tributary of Muddy Creek (Outfall 001) and discharge stormwater and boiler blowdown from a wet detention pond into an unnamed tributary of Clear Creek (outfall 002), all of which are classified C waters in the Yadkin-Pee Dee River basin, until June 30, 1998, and 3. Beginning July 1, 1998, discharge process wastewater, non-contact cooling water and boiler blowdown from said treatment works at the location specified on the attached map in the Rocky River (Outfall 003) which is classified C waters in the Yadkin-Pee Dee River Basin. • • • \-'7-7/11,- �,Mu� ri ` ,..75; -Mill Grov SOury �92 ' • ' _ Cem I ' ;\ -� FRN IG ) 550`\ -.1;.4...5____J_- dlad .' o 535— __ ',.:_ _.•—: 1;V,... •l . I SSO` _._ 305 =, • ) - - C 111 _. J• J ` GO (�' Outfall 00] tI `'' O 1 Latitu o13 ..1:i'!.. ! r o d e: 35 �N�. �� e� Land,n€ Lon 02 i,. - f io � strip gitude: 80031'15., /`'� .c 550-< *022 <-)" c v',?, -- - BM ;- w' Outfall 003 • 527 U �:.• Ldtltli ' - fl Con de: 330 soo� .S. - 5°°, y &I tud 12'1 p.. c - .4 e: 8002 --,..\--/A1 - S q Q r� 949.. �J • •`` , _ . {{ �, \ ( .,.-=, \Ncti /) ,: 7/. . t ',rye :r scr, (5�.1� `' o �' - Receiving Streams I • 001 UT of Muddy Creek ‘,4 i\•�� I' - - , 002-UT of Clear Creek ti.N. ,. !% 003-Rocky River ROAD CLASSIFICATION SCALE 1 :24 000 PRIMARY HIGHWAY LIGHT-DUTY ROAD,HARD OR 0 1 MILE HARD SURFACE IMPROVED SURFACE I- 1 I 1, —.. ...1 SECONDARY HIGHWAY 0 7000 FEET HARD SURFACE [=p UNIMPROVED ROAD 1 , - 0 1 KILOMETER Latitude See Above Longitude See Above r.....:--4 i i I I Map #GI6NEIG17NW Sub-basin 03-07-12 CONTOUR INTERVAL 10 FEET Stream Class C QUAD LOCATION Discharge Class 100%Industrial Corning Incorporated NC006169 Receiving Stream See Above AIIIIIIIIIIIIIF Cabarrus County Fiber Optic Manufacturer Design Q 0.023 MGD Permit expires 10/31/99 A(1). EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS - FINAL Permit No. NC0086169 During the period beginning on the effective date of the permit and lasting until June 30, 1998, the Permittee is authorized to discharge non-contact cooling water from outfall(s) serial number 001. Such discharges shall be limited and monitored by the Permittee as specified below: EFFLUENT CHARACTERISTICS LIMITS MONITORING REQUIREMENTS Monthly Weekly Daily Measurement Sample Sample Average Average Maximum Frequency Type Locations Flow Semi-annually Estimate Effluent Temperature2 Semi-annually Grab Effluent Total residual chlorine Semi-annually Grab Effluent There shall be no chromium, zinc or copper added to the treatment system except as pre-approved additives to biocidal compounds. 1 The effluent for this outfall shall mean a point upstream of the mixing point with stormwater. 2 The temperature of the effluent will be regulated so that the temperature of the receiving stream does not increase more than 2.8°C above the natural water temperature. Receiving water temperature will not exceed a maximum of 32°C. The permittee shall obtain authorization from the Division prior to any use of biocide in the cooling water. The permittee shall notify the Director in writing at least ninety (90) days prior to instituting use of any additonal biocide in the treatment system which may be toxic to aquatic life (other than biocides previously reported to the Division). Such notification shall include completion of Biocide Worksheet Form 101 and a map indicating the discharge point and receiving stream. The pH shall not be less than 6.0 standard units nor greater than 9.0 standard units. There shall be no discharge of floating solids or visible foam in other than trace amounts. All conditions related to the stormwater portion of this outfall can be found in Part II, Stormwater Monitoring, Controls and Limitations for Permitted Discharges. S 1 /1" A(2). EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS - FINAL Permit No. NC0086169 During the period beginning on the effective date of the permit and lasting until June 30, 1998, the Permittee is authorized to discharge boiler blowdown from outfall(s) serial number 002. Such discharges shall be limited and monitored by the Permittee as specified below: EFFLUENT CHARACTERISTICS LIMITS MONITORING REQUIREMENTS Monthly Weekly Daily Measurement Sample Sample Average Average Maximum Frequency Type Location1 Flow Semi-annually _ Estimate Effluent Temperature2 � Semi-annually Grab Effluent Total residual chlorine Semi-annually Grab Effluent There shall be no chromium, zinc or copper added to the treatment system except as pre-approved additives to biocidal compounds. 1 The effluent for this outfall shall mean a point upstream of the mixing point with stormwater. 2 The temperature of the effluent will be regulated so that the temperature of the receiving stream does not increase more than 2.8°C above the natural water temperature. Receiving water temperature will not exceed a maximum of 32°C. The permittee shall obtain authorization from the Division prior to any use of biocide in the cooling water. The permittee shall notify the Director in writing at least ninety (90) days prior to instituting use of any additonal biocide in the treatment system which may be toxic to aquatic life (other than biocides previously reported to the Division). Such notification shall include completion of Biocide Worksheet Form 101 and a map indicating the discharge point and receiving stream. The pH shall not be less than 6.0 standard units nor greater than 9.0 standard units. There shall be no discharge of floating solids or visible foam in other than trace amounts. All conditions related to the stormwater portion of this outfall can be found in Part II, Stormwater Monitoring, Controls and Limitations for Permitted Discharges. A(3). EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS - FINAL Permit No. NC0086169 During the period beginning on the effective date of the permit and lasting until June 30, 1998, the Permittee is authorized to discharge industrial process watewater from outfall(s) serial number 003. Such discharges shall be limited and monitored by the Permittee as specified below: EFFLUENT CHARACTERISTICS LIMITS MONITORING REQUIREMENTS Monthly Weekly Daily Measurement Sample Sample Average Average Maximum Frequency Type Location Flow(MGD) 0.0274 Continuous Estimate Effluent Total Suspended Solids 30.0 mg/L 45.0 mg/L Weekly Composite Effluent Chloride 2/Week Composite Effluent Total Residual Chlorine 28 Ng/L 2/Week Grab Effluent Temperature1 Weekly Grab Effluent Iron 2/Week Composite Effluent Total Phosphorus Quarterly Composite Effluent Acute Toxicity2 Quarterly Composite Effluent pH3 Weekly Grab Effluent Pollutant Analysis4 _ Annually 5 Effluent Notes: 1 The temperature of the effluent will be regulated so that the temperature of the receiving stream does not increase more than 2.8°C above the natural water temperature. Receiving water temperature will not exceed a maximum of 32°C. 2 Acute Toxicity (Fathead Minnow) 24 hour P/F at 90%;January, April, July and October; See Item A(5) of the Supplement to Effluent Limitations and Monitoring Requirements. 3 The pH shall not be less than 6.0 standard units nor greater than 9.0 standard units. 4 See Item A(6) of the Supplement to Effluent Limitations and Monitoring Requirements. There shall be no discharge of floating solids or visible foam in other than trace amounts. A(4). EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS - FINAL ( 4 . � -✓j• Permit No. NC0086169 - During the period beginning on July 1, 1998 and lasting until expiration, the Permittee is authorized to discharge industrial process wastewater,non-contact . cooling water and boiler blowdown from outfall(s) serial number 003. Such discharges shall be limited and monitored by the Permittee as specified below: EFFLUENT CHARACTERISTICS LIMITS MONITORING REQUIREMENTS Monthly Weekly Daily Measurement Sample Sample Average Average Maximum Frequency Type Location Flow(MGD) 0.0274 Continuous Estimate Effluent' Total Suspended Solids 30.0 mg/L 45.0 mg/L Weekly Composite Effluent Chloride 2/Week Composite Effluent Total Residual Chlorine 28 pg/L 2/Week Grab Effluent Temperature2 Weekly Grab Effluent Iron 2/Week Composite Effluent Total Phosphorus Quarterly Composite Effluent Chronic Toxicity3 Quarterly Composite Effluent pH4 Weekly Grab Effluent Pollutant Analysis5 ' Annually ° Effluent Notes: 1 The compliance point for flow shall be upstream of the non-con act cooling water and boiler blowdown internal outfall. The compliance point for all other parameters shall be at the Rocky River discharge locati• . 2 The temperature of the effluent will be regulated so that the to perature of the receiving stream does not increase more than 2.8°C above the natural water temperature. Receiving water temperature will not excee. a maximum of 32°C. 4 ,41 3 Chronic Toxicity (Ceriodaphnia) P/F . 0.31%, January, April, my and October; See Ite f the Supplement to Effluent Limitations and Monitoring Requirements. 4 The pH shall not be less than 6.0 standard units nor greater than '.0 stan.ar. • -• _ 5 See Ite A(6 of the Supplement to Effluent Limitations and Mon oring Requirements. " Cou • `� I r-b cess .There shall be no •ischarge of floating solids or visible foam in other an trace amounts. -- 4(c) ; � `D 1w , bG 20461 7.- r� o ( w — i.d X70 Conring Incorporated Permit No. NC0086169 SUPPLEMENT TO EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS SPECIAL CONDITIONS A. (5). ACUTE TOXICITY PERMIT LIMIT (QRTRLY) The permittee shall conduct acute toxicity tests on a quarterly basis using protocols defined as definitive in E.P.A. Document EPA/600/4-90/027 entitled"Methods for Measuring the Acute Toxicity of Effluents to Freshwater and Marine Organisms." The monitoring shall be performed as a Fathead Minnow (Pimephales promelas) 24 hour static test. The LC50 of this effluent using the previously stated methodology may at no time in any toxicity test be less than 90%. Effluent samples for self-monitoring purposes must be obtained during representative effluent discharge below all waste treatment. The tests will be performed during the months of January, April, July and October. The parameter code for this test is TAE6C. All toxicity testing results required as part of this permit condition will be entered on the Effluent Discharge Monitoring Form(MR-1) for the month in which it was performed, using the appropriate parameter code. Additionally, DWQ Form AT-1 (original) is to be sent to the following address: Attention: Environmental Sciences Branch North Carolina Division of Water Quality 4401 Reedy Creek Road Raleigh, N.C. 27607 Test data shall be complete and accurate and include all supporting chemical/physical measurements performed in association with the toxicity tests, as well as all dose/response data. Total residual chlorine of the effluent toxicity sample must be measured and reported if chlorine is employed for disinfection of the waste stream. Should there be no discharge of flow from the facility during a month in which toxicity monitoring is required, the permittee will complete the information located at the top of the aquatic toxicity (AT) test form indicating the facility name, permit number,pipe number, county, and the month/year of the report with the notation of"No Flow" in the comment area of the form. The report shall be submitted to the Environmental Sciences Branch at the address cited above. Should any single quarterly monitoring indicate a failure to meet specified limits, then monthly monitoring will begin immediately until such time that a single test is passed. Upon passing, this monthly test requirement will revert to quarterly in the months specified above. Should the permittee fail to monitor during a month in which toxicity monitoring is required, then monthly monitoring will begin immediately until such time that a single test is passed. Upon passing, this monthly test requirement will revert to quarterly in the months specified above. Should any test data from either these monitoring requirements or tests performed by the North Carolina Division of Water Quality indicate potential impacts to the receiving stream, this permit may be re-opened and modified to include alternate monitoring requirements or limits. Corning Incorporated Permit No. NC0086169 SUPPLEMENT TO EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS SPECIAL CONDITIONS (Continued) A. (5) Continued NOTE: Failure to achieve test conditions as specified in the cited document, such as minimum control organism survival and appropriate environmental controls, shall constitute an invalid test and will require immediate follow-up testing to be completed no later than the last day of the month following the month of the initial monitoring. A. (6) POLLUTANT ANALYSIS CONDITION The Permittee shall conduct a test for pollutants annually at the effluent from the treatment plant. The discharge shall be evaluated as follows: 1) A pollutant analysis of the effluent must be completed annually using EPA approved methods for the following analytic fractions: (a) purgeables (i.e., volatile organic compounds); (b) acid extractables; (c) base/neutral extractables; (d) organochlorine pesticides and PCBs; (e) herbicides; and (f) metals and other inorganics. The Annual Pollutant Analysis Monitoring (APAM) Requirement Reporting Form A and accompanying memo describes the sampling and analysis requirements and lists chemicals to be included in the pollutant analysis. This monitoring requirement is to be referred to as the "Annual Pollutant Analysis Monitoring Requirement" (APAM). 2) Other significant levels of organic chemicals must be identified and approximately quantified. For the purpose of implementing this requirement, the largest 10 GC/MS peaks in the purgeable, base/neutral extractable, and acid exractable fractions (or fewer than 10 if less than 10 unidentified peaks occur) for chemicals other than those specified on the APA Requirement Reporting Form A should be indentified and approximately quantified as stated in the APAM Reporting Form A instructions. This part (item 2) of the APAM requirement is to be referred to as the "10 significant peaks rule"). A. (7) CHRONIC TOXICITY PASS/FAIL PERMIT LIMIT (QUATERLY) The effluent discharge shall at no time exhibit chronic toxicity using test procedures outlined in the"North Carolina Ceriodaphnia Chronic Effluent Bioassay Procedure," Revised November 1995,or subsequent versions. The effluent concentration at which there may be no observable inhibition of reproduction or significant mortality is 0.31% (defined as treatment two in the procedure document). The permit holder shall perform quarterly monitoring using this procedure to establish compliance with the Corning Incorporated Permit No. NC0086169 SUPPLEMENT TO EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS SPECIAL CONDITIONS (Continued) A. (7) Continued permit condition. The tests will be performed during the months of January, April, July and October. Effluent sampling for this testing shall be performed at the NPDES permitted final effluent discharge below all treatment processes. All toxicity testing results required as part of this permit condition will be entered on the Effluent Discharge Monitoring Form (MR-1) for the month in which it was performed, using the • parameter code TGP3B. Additionally, DWQ Form AT-1 (original) is to be sent to the following address: Attention: Environmental Sciences Branch North Carolina Division of Water Quality 4401 Reedy Creek Rd. Raleigh, N.C. 27607 Test data shall be complete and accurate and include all supporting chemical/physical measurements performed in association with the toxicity tests, as well as all dose/response data. Total residual chlorine of the effluent toxicity sample must be measured and reported if chlorine is employed for disinfection of the waste stream. Should there be no discharge of flow from the facility during a month in which toxicity monitoring is required, the permittee will complete the information located at the top of the aquatic toxicity (AT) test form indicating the facility name, permit number, pipe number, county, and the month/year of the report with the notation of"No Flow" in the comment area of the form. The report shall be submitted to the Environmental Sciences Branch at the address cited above. • Should any single quarterly monitoring indicate a failure to meet specified limits, then monthly monitoring will begin immediately until such time that a single test is passed. Upon passing, this monthly test requirement will revert to quarterly in the months specified above. Should the permittee fail to monitor during a month in which toxicity monitoring is required, then monthly monitoring will begin immediately until such time that a single test is passed. Upon passing, this monthly test requirement will revert to quarterly in the months specified above. Should any test data from this monitoring requirement or tests performed by the North Carolina Division of Water Quality indicate potential impacts to the receiving stream, this permit may be re-opened and modified to include alternate monitoring requirements or limits. NOTE: Failure to achieve test conditions as specified in the cited document, such as minimum control organism survival, minimum control organism reproduction, and appropriate environmental controls, shall constitute an invalid test and will require immediate follow-up testing to be completed no later than the last day of the month following the month of the initial monitoring. Corning Incorporated Permit No. NC0086169 SUPPLEMENT TO EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS SPECIAL CONDITIONS (Continued) A. (8) Biological Monitoring Condition The Permittee shall conduct an upstream and downstream benthic macroinvertebrate survey beginning June 1999 and lasting through September 1999. A report of the findings of this survey shall be completed and included with the permit application package at the time of permit renewal. For technical assistance regarding this permit requirement, please contact the Division's Biological Assessment Unit at (919) 733-6946. PART II STORMWATER MONITORING,CONTROLS AND LIMITATIONS FOR PERMITTED DISCHARGES SECTION A: FINAL LIMITATIONS AND CONTROLS FOR STORMWATER DISCHARGES During the period beginning on the effective date of the permit and lasting until expiration,the permittee is authorized to discharge stormwater associated with industrial activity from outfalls 001 and 002. Such discharges shall be controlled,limited and monitored as specified below. 1. Stormwater Pollution Prevention Plans The permittee shall develop and continue to update a Stormwater Pollution Prevention Plan,herein after referred to as the Plan. The Plan shall be considered public information in accordance with Part III,Standard Conditions,Section E.10.of this permit. The Plan shall include,at a minimum,the following items: a. Site Plan: The site plan shall provide a description of the physical facility and the potential pollutant sources which may be expected to contribute to contamination of regulated stormwater discharges. The site plan shall contain the following: (1) A general location map(USGS quadrangle map,or appropriately drafted equivalent map),showing the facility's location in relation to transportation routes and surface waters,and the name of the receiving water(s)to which the stormwater outfall(s)discharges. If the discharge is to a municipal separate storm sewer system,the name of the municipality and the ultimate receiving waters,and accurate latitude and longitude of the point(s)of discharge must be shown. (2) A narrative description of storage practices,loading and unloading activities,outdoor process areas, dust or particulate generating or control processes,and waste disposal practices. (3) A site map(or series of maps)drawn to scale with the distance legend indicating location of industrial activities(including storage of materials,disposal areas,process areas,and loading and unloading areas),drainage structures,drainage areas for each outfall and activities occurring in the drainage area,building locations and impervious surfaces,the percentage of each drainage area that is impervious.For each outfall,a narrative description of the potential pollutants which could be expected to be present in the regulated stormwater discharge. (4) A list of significant spills or leaks of pollutants that have occurred at the facility during the 3 previous years and any corrective actions taken to mitigate spill impacts. (5) Certification that the stormwater outfalls have been evaluated for the presence of non-stormwater discharges. The certification statement will be signed in accordance with the requirements found in Part III, Standard Conditions,Section B.11. b. Stormwater Management Plan: The stormwater management plan shall contain a narrative description of the materials management practices employed which control or minimize the exposure of significant materials to stormwater,including structural and non-structural measures. The stormwater management plan,at a minimum,shall incorporate the following: (1) A study addressing the technical and economic feasibility of changing the methods of operations and/or storage practices to eliminate or reduce exposure of materials and processes to stormwater. Wherever practicable the permittee should consider covering storage areas,material handling operations,manufacturing or fueling operations to prevent materials exposure to stormwater. In areas where elimination of exposure is not practicable,the stormwater management plan shall document the feasibility of diverting the stormwater runoff away from areas of potential contamination. (2) A schedule to provide secondary containment for bulk storage of liquid materials,storage of Section 313 of Title III of the Superfund Amendments and Reauthorization Act(SARA)water priority chemicals,or storage of hazardous materials to prevent leaks and spills from contaminating stormwater runoff. If the secondary containment devices are connected directly to stormwater conveyance systems,the connection shall be controlled by manually activated valves or other similar devices [which shall be secured with a locking mechanism]and any stormwater that accumulates in the containment area shall be at a minimum visually observed prior to release of the accumulated stormwater. Accumulated stormwater shall be released if found to be uncontaminated. Records documenting the individual making the observation,the description of the accumulated stormwater and the date and time of the release shall be kept for a period of five years. (3) A narrative description of Best Management Practices(BMPs)to be considered such as,but not limited to,oil and grease separation,debris control,vegetative filter strips, infiltration and stormwater detention or retention, where necessary. The need for structural BMPs shall be based on the assessment of potential of sources contributing significant quantities of pollutants to stormwater discharges and data collected through monitoring of stormwater discharges. (4) Inspection schedules of stormwater conveyances and controls and measures to be taken to limit or prevent erosion associated with the stormwater systems. c. Spill Prevention and Response Plan: The Spill Prevention and Response Plan shall incorporate a risk assessment of potential pollutant sources based on a materials inventory of the facility.Facility personnel(or team)responsible for implementing the plan shall be identified in the plan. A responsible person shall be on-site at all times during facility operations that have the potential to contaminate stormwater runoff through spills or exposure of materials associated with the facility operations. d. Preventative Maintenance and Good Housekeeping Program: A preventative maintenance program shall be developed. The program shall document schedules of inspections and maintenance activities of stormwater control systems,plant equipment and systems. Inspection of material handling areas and regular cleaning schedules of these areas shall be incorporated into the program. e. Training schedules shall be developed and training provided at a minimum on an annual basis on proper spill response and cleanup procedures and preventative maintenance activities for all personnel involved in any of the facility's operations that have the potential to contaminate stormwater runoff. Facility personnel(or team)responsible for implementing the training shall be identified in the plan. f. The Stormwater Pollution Prevention Plan shall identify a specific position(s)responsible for the overall coordination,development,implementation,and revision to the Plan. Responsibilities for all components of the Plan shall be documented and position(s)assignments provided. g. Plan Amendment: The permittee shall amend the Plan whenever there is a change in design,construction, operation,or maintenance which has a significant effect on the potential for the discharge of pollutants via a point source to surface waters. The Stormwater Pollution Prevention Plan shall be reviewed and updated on an annual basis. The Director may notify the permittee when the Plan does not meet one or more of the minimum requirements of the permit. Within 30 days of such notice,the permittee shall submit a time schedule to the Director for modifying the Plan to meet minimum requirements. The permittee shall provide certification in writing(in accordance with Part III,Standard Conditions,Section B.11.)to the Director that the changes have been made. h. Facility Inspections: Inspections of the facility and all stormwater systems shall occur at a minimum on a semiannual schedule,once in the fall(September-November)and once during the spring(April-June). The inspection and any subsequent maintenance activities performed shall be documented,recording date and time of inspection,individual(s)making the inspection and a narrative description of the facility's stormwater control systems,plant equipment and systems. Records of these inspections shall be incorporated into the Stormwater Pollution Prevention Plan. Visual monitoring as required in Part II,Section A.2.shall be performed in addition to facility inspections. Implementation: Implementation of the Plan shall include documentation of all monitoring,measurements, inspections,maintenance activities and training provided to employees,including the log of the sampling data.Activities taken to implement BMPs associated with the industrial activities,including vehicle maintenance activities,must also be recorded. All required documentation shall be kept on-site for a period of five years and made available to the Director or his authorized representative immediately upon request. 2. Visual Monitoring Visual monitoring requires a qualitative visual inspection of each stormwater outfall,regardless of representative outfall status, for the purpose of evaluating the effectiveness of the Stormwater Pollution Prevention Plan and assessing new sources of stormwater pollution. No analytical tests are required. Visual monitoring of stormwater outfalls does not need to be performed during a representative storm event. Stormwater Discharge Monitoring Characteristics Frequency 1 Monitoring Type2 Location3 Color Semi-annual Visual SDO Odor Semi-annual Observation SDO Clarity Semi-annual Visual SDO Floating Solids Semi-annual Visual SDO Suspended Solids Semi-annual Visual SDO Foam Semi-annual Visual SDO Oil Sheen Semi-annual Visual SDO Other obvious indicators of Semi-annual Visual SDO stormwater pollution 1 Frequency:The first visual monitoring event during the term of the permit must be performed during the initial analytical monitoring event. All subsequent visual monitoring will be performed twice per year, once in the spring and once in the fall. 2 Monitoring Type:Monitoring requires a qualitative observation of each stormwater outfall. No analytical testing or sampling is required. 3 Sample Location: Stormwater Discharge Outfall(SDO). SECTION B: STORMWATER DEFINITIONS 1. Best Management Practices(BMPs' Schedules of activities,prohibitions of practices,maintenance procedures,and other management practices to prevent or reduce the pollution of waters of the United States. BMPs also include treatment requirements, operation procedures,and practices to control plant site runoff,spillage or leaks,sludge or waste disposal,or drainage from raw material storage. 2. Bulk Storage of Liquid Products Liquid raw materials,manufactured products,waste materials or by-products with a single above ground storage container having a capacity of greater than 660 gallons or with multiple above ground storage containers having a total storage capacity of greater than 1,320 gallons. 3. Point Source Discharge Any discernible,confined and discrete conveyance,including but specifically not limited to,any pipe,ditch, channel,tunnel,conduit,well,discrete fissure,container,rolling stock,or concentrated animal feeding operation from which pollutants are or may be discharged to waters of the state. 4. Runoff Coefficient The fraction of total rainfall that is not infiltrated into or otherwise retained by the soil,concrete,asphalt or other surface upon which it falls that will appear at the conveyance as runoff. PART III Section B. Schedule of Compliance 1. The permittee shall comply with Final Effluent Limitations specified for discharges in accordance with the following schedule: Permittee shall comply with Final Effluent Limitations by the effective date of the permit unless specified below. 2. Permittee shall at all times provide the operation and maintenance necessary to operate the existing facilities at optimum efficiency. 3. No later than 14 calendar days following a date identified in the above schedule of compliance, the permittee shall submit either a report of progress or,in the case of specific actions being required by identified dates,a written notice of compliance or noncompliance. In the latter case, the notice shall include the cause of noncompliance, any remedial actions taken, and the probability of meeting the next schedule requirements. 5. Secondary Containment Spill containment for the contents of the single largest tank within the containment structure plus sufficient freeboard to allow for the 25-year,24-hour storm event. 6. Section 313 Water Priority Chemical A chemical or chemical category which: a. Is listed in 40 CFR 372.65 pursuant to Section 313 of Title III of the Superfund Amendments and Reauthorization Act(SARA)of 1986,also titled the Emergency Planning and Community Right- to-Know Act of 1986; b. Is present at or above threshold levels at a facility subject to SARA title III,Section 313 reporting requirements;and c. That meet at least one of the following criteria: (1) Is listed in appendix D of 40 CFR part 122 on either Table II(organic priority pollutants), Table III(certain metals,cyanides,and phenols)or Table IV(certain toxic pollutants and hazardous substances); (2) Is listed as a hazardous substance pursuant to section 311(b)(2)(A)of the CWA at 40 CFR 116.4;or (3) Is a pollutant for which EPA has published acute or chronic water quality criteria. 7. Significant Materials Includes,but is not limited to:raw materials;fuels;materials such as solvents,detergents,and plastic pellets; finished materials such as metallic products;raw materials used in food processing or production;hazardous substances designated under section 101(14)of CERCLA;any chemical the facility is required to report pursuant to section 313 of Title III of SARA;fertilizers;pesticides;and waste products such as ashes,slag and sludge that have the potential to be released with stormwater discharges. 8. Significant Spills Includes,but is not limited to:releases of oil or hazardous substances in excess of reportable quantities under section 311 of the Clean Water Act(Ref:40 CFR 110.10 and CFR 117.21)or section 102 of CERCLA(Ref: 40 CFR 302.4). 9. Stormwater Runoff The flow of water which results from precipitation and which occurs immediately following rainfall or as a result of snowmelt. 10. Total Flow The flow corresponding to the time period over which the sample collection occurs. The total flow calculated based on the size of the area draining to the outfall,the amount of the built-upon(impervious) surfaces within the drainage area,and the total amount of rainfall occurring during the sampling period. 11. Visible Sedimentation Solid particulate matter,both mineral and organic,that has been or is being transported by water,air, gravity,or ice from its site of origin which can be seen with the unaided eye. Part IV Page 1 of 14 PART N STANDARD CONDITIONS FOR NPDES PERMITS SECTION A. DEFINITIONS 1. Permit Issuing Authority The Director of the Division of Water Quality. 2. DEM or "the Division" Means the Division of Water Quality, Department of Environment, Health and Natural Resources. 3. EMC Used herein means the North Carolina Environmental Management Commission. 4. Act or "the Act" The Federal Water Pollution Control Act, also known as the Clean Water Act, as amended, 33 USC 1251,et. seq. 5. Mass/Day Measurements a. The "monthly average discharge" is defined as the total mass of all daily discharges sampled and/or measured during a calendar month on which daily discharges are sampled and measured, divided by the number of daily discharges sampled and/or measured during such month. It is therefore, an arithmetic mean found by adding the weights of the pollutant found each day of the month and then dividing this sum by the number of days the tests were reported. The limitation is identified as "Monthly Average" in Part I of the permit. b. The "weekly average discharge" is defined as the total mass of all daily discharges sampled and/or measured during the calendar week(Sunday- Saturday) on which daily discharges are sampled and measured, divided by the number of daily discharges sampled and/or measured during such week. It is, therefore, an arithmetic mean found by adding the weights of pollutants found each day of the week and then dividing this sum by the number of days the tests were reported. This limitation is identified as "Weekly Average" in Part I of the permit. c. The "maximum daily discharge" is the total mass (weight) of a pollutant discharged during a calendar day. If only one sample is taken during any calendar day the weight of pollutant calculated from it is the "maximum daily discharge." This limitation is identified as "Daily Maximum," in Part I of the permit. d. The "average annual discharge" is defined as the total mass of all daily discharges sampled and/or measured during the calendar year on which daily discharges are sampled and measured, divided by the number of daily discharges sampled and/or measured during such year. It is, therefore, an arithmetic mean found by adding the weights of pollutants found each day of the year and then dividing this sum by the number of days the tests were reported. This limitation is defined as "Annual Average" in Part I of the permit. Part IV Page 2 of 14 6. Concentration Measurement a. The "average monthly concentration," other than for fecal coliform bacteria, is the sum of the concentrations of all daily discharges sampled and/or measured during a calendar month on which daily discharges are sampled and measured, divided by the number of daily discharges sampled and/or measured during such month (arithmetic mean of the daily concentration values). The daily concentration value is equal to the concentration of a composite sample or in the case of grab samples is the arithmetic mean (weighted by flow value) of all the samples collected during that calendar day. The average monthly count for fecal coliform bacteria is the geometric mean of the counts for samples collected during a calendar month. This limitation is identified as "Monthly Average" under "Other Limits" in Part I of the permit. b. The "average weekly concentration," other than for fecal coliform bacteria, is the sum of the concentrations of all daily discharges sampled and/or measured during a calendar week (Sunday/Saturday) on which daily discharges are sampled and measured divided by the number of daily discharges sampled and/or measured during such week(arithmetic mean of the daily concentration values). The daily concentration value is equal to the concentration of a composite sample or in the case of grab samples is the arithmetic mean (weighted by flow value) of all the samples collected during that calendar day. The average weekly count for fecal coliform bacteria is the geometric mean of the counts for samples collected during a calendar week. This limitation is identified as "Weekly Average" under "Other Limits" in Part I of the permit. c. The "maximum daily concentration" is the concentration of a pollutant discharge during a calendar day. If only one sample is taken during any calendar day the concentration of pollutant calculated from it is the "Maximum Daily Concentration". It is identified as "Daily Maximum" under "Other Limits" in Part I of the permit. d. The "average annual concentration," other than for fecal coliform bacteria, is the sum of the concentrations of all daily discharges sampled and/or measured during a calendar year on which daily discharges are sampled and measured divided by the number of daily discharges sampled and/or measured during such year (arithmetic mean of the daily concentration values). The daily concentration value is equal to the concentration of a composite sample or in the case of grab samples is the arithmetic mean (weighted by flow value) of all the samples collected during that calendar day . The average yearly count for fecal coliform bacteria is the geometric mean of the counts for samples collected during a calendar year. This limitation is identified as "Annual Average" under "Other Limits" in Part I of the permit. e. The "daily average concentration" (for dissolved oxygen) is the minimum allowable amount of dissolved oxygen required to be available in the effluent prior to discharge averaged over a calendar day. If only one dissolved oxygen sample is taken over a calendar day, the sample is considered to be the "daily average concentration" for the discharge. It is identified as "daily average" in the text of Part I. f. The "quarterly average concentration" is the average of all samples taken over a calendar quarter. It is identified as "Quarterly Average Limitation" in the text of Part I of the permit. g. A calendar quarter is defined as one of the following distinct periods: January through March, April through June,July through September,and October through December. Part IV Page 3 of 14 7. Other Measurements a. Flow, (MGD): The flow limit expressed in this permit is the 24 hours average flow, averaged monthly. It is determined as the arithmetic mean of the total daily flows recorded during the calendar month. b. An "instantaneous flow measurement" is a measure of flow taken at the time of sampling, when both the sample and flow will be representative of the total discharge. c. A "continuous flow measurement"is a measure of discharge flow from the facility which occurs continually without interruption throughout the operating hours of the facility. Flow shall be monitored continually except for the infrequent times when there may be no flow or for infrequent maintenance activities on the flow device. 8. Types of Samples a. Composite Sample: A composite sample shall consist of: (1) a series of grab samples collected at equal time intervals over a 24 hour period of discharge and combined proportional to the rate of flow measured at the time of individual sample collection, or (2) a series of grab samples of equal volume collected over a 24 hour period with the time intervals between samples determined by a preset number of gallons passing the sampling point. Flow measurement between sample intervals shall be determined by use of a flow recorder and totalizer, and the present gallon interval between sample collection fixed at no greater than 1/24 of the expected total daily flow at the treatment system, or (3)a single,continuous sample collected over a 24 hour period proportional to the rate of flow. In accordance with (1) above, the time interval between influent grab samples shall be no greater than once per hour, and the time interval between effluent grab samples shall be no greater than once per hour except at wastewater treatment systems having a detention time of greater than 24 hours. In such cases, effluent grab samples may be collected at time intervals evenly spaced over the 24 hour period which are equal in number of hours to the detention time of the system in number of days. However, in no case may the time interval between effluent grab samples be greater than six (6)hours nor the number of samples less than four(4) during a 24 hour sampling period. b. Grab Sample: Grab samples are individual samples collected over a period of time not exceeding 15 minutes; the grab sample can be taken manually. Grab samples must be representative of the discharge or the receiving waters. 9. Calculation of Means a Arithmetic Mean: The arithmetic mean of any set of values is the summation of the individual values divided by the number of individual values. b. Geometric Mean: The geometric mean of any set of values is the Nth root of the product of the individual values where N is equal to the number of individual values. The geometric mean is equivalent to the antilog of the arithmetic mean of the logarithms of the individual values. For purposes of calculating the geometric mean,values of zero (0) shall be considered to be one (1). c. Weighted by Flow Value: Weighted by flow value means the summation of each concentration times its respective flow divided by the summation of the respective flows. Part IV Page 4 of 14 10. Calendar Day A calendar day is defined as the period from midnight of one day until midnight of the next day. However, for purposes of this permit, any consecutive 24-hour period that reasonably represents the calendar day may be used for sampling. 11.Hazardous Substance A hazardous substance means any substance designated under 40 CFR Part 116 pursuant to Section 311 of the Clean Water Act. 12.Toxic Pollutant A toxic pollutant is any pollutant listed as toxic under Section 307(a)(1) of the Clean Water Act. SECTION B. GENERAL CONDITIONS 1. Duty to Comply The permittee must comply with all conditions of this permit. Any permit noncompliance constitutes a violation of the Clean Water Act and is grounds for enforcement action; for permit termination,revocation and reissuance, or modification;or denial of a permit renewal application. a. The permittee shall comply with effluent standards or prohibitions established under section 307(a) of the Clean Water Act for toxic pollutants and with standards for sewage sludge use or disposal established under section 405(d) of the Clean Water Act within the time provided in the regulations that establish these standards or prohibitions or standards for sewage sludge use or disposal,even if the permit has not yet been modified to incorporate the requirement. b. The Clean Water Act provides that any person who violates a permit condition is subject to a civil penalty not to exceed $25,000 per day for each violation. Any person who negligently violates any permit condition is subject to criminal penalties of $2,500 to $25,000 per day of violation, or imprisonment for not more than 1 year, or both. Any person who knowingly violates permit conditions is subject to criminal penalties of $5,000 to $50,000 per day of violation, or imprisonment for not more than 3 years, or both. Also, any person who violates a permit condition may be assessed an administrative penalty not to exceed $10,000 per violation with the maximum amount not to exceed $125,000. [Ref: Section 309 of the Federal Act 33 U.S.C. 1319 and 40 CFR 122.41 (a)] c. Under state law, a civil penalty of not more than ten thousand dollars ($10,000) per violation may be assessed against any person who violates or fails to act in accordance with the terms, conditions, or requirements of a permit. [Ref: North Carolina General Statutes§ 143-215.6A] d. Any person may be assessed an administrative penalty by the Administrator for violating section 301, 302, 306, 307, 308, 318, or 405 of the Act, or any permit condition or limitation implementing any of such sections in a permit issued under section 402 of the Act. Administrative penalties for Class I violations are not to exceed $10,000 per violation, with the maximum amount of any Class I penalty assessed not to exceed$25,000. Penalties for Class II violations are not to exceed $10,000 per day for each day during which the violation continues,with the maximum amount of any Class II penalty not to exceed$125,000. Part IV Page 5 of 14 2. Duty to Mitigate The permittee shall take all reasonable steps to minimize or prevent any discharge or sludge use or disposal in violation of this permit which has a reasonable likelihood of adversely affecting human health or the environment. 3. Civil and Criminal Liability Except as provided in permit conditions on "Bypassing" (Part II, C-4) and "Power Failures" (Part II, C-7), nothing in this permit shall be construed to relieve the permittee from any responsibilities, liabilities, or penalties for noncompliance pursuant to NCGS 143-215.3, 143-215.6 or Section 309 of the Federal Act,33 USC 1319. Furthermore,the permittee is responsible for consequential damages, such as fish kills, even though the responsibility for effective compliance may be temporarily suspended. 4. Oil and Hazardous Substance Liability Nothing in this permit shall be construed to preclude the institution of any legal action or relieve the permittee from any responsibilities, liabilities, or penalties to which the permittee is or may be subject to under NCGS 143-215.75 et seq. or Section 311 of the Federal Act, 33 USG 1321. Furthermore, the permittee is responsible for consequential damages, such as fish kills, even though the responsibility for effective compliance may be temporarily suspended. 5. Property Rights The issuance of this permit does not convey any property rights in either real or personal property, or any exclusive privileges,nor does it authorize any injury to private property or any invasion of personal rights,nor any infringement of Federal, State or local laws or regulations. 6. Onshore or Offshore Construction This permit does not authorize or approve the construction of any onshore or offshore physical structures or facilities or the undertaking of any work in any navigable waters. 7. Severability The provisions of this permit are severable, and if any provision of this permit, or the application of any provision of this permit to any circumstances, is held invalid, the application of such provision to other circumstances, and the remainder of this permit,shall not be affected thereby. 8. Duty to Provide Information The permittee shall furnish to the Permit Issuing Authority, within a reasonable time, arty information which the Permit Issuing Authority may request to determine whether cause exists for modifying, revoking and reissuing, or terminating this permit or to determine compliance with this permit. The permittee shall also furnish to the Permit Issuing Authority upon request, copies of records required to be kept by this permit. 9. Duty to Reapply If the permittee wishes to continue an activity regulated by this permit after the expiration date of this permit,the permittee must apply for and obtain a new permit. Part IV Page 6 of 14 10. Expiration of Permit The permittee is not authorized to discharge after the expiration date. In order to receive automatic authorization to discharge beyond the expiration date, the permittee shall submit such information,forms,and fees as are required by the agency authorized to issue permits no later than 180 days prior to the expiration date. Any permittee that has not requested renewal at least 180 days prior to expiration, or any permittee that does not have a permit after the expiration and has not requested renewal at least 180 days prior to expiration, will subject the permittee to enforcement procedures as provided in NCGS 143-215.6 and 33 USC 1251 et. seq. 11. Signatory Requirements All applications, reports, or information submitted to the Permit Issuing Authority shall be signed and certified. a. All permit applications shall be signed as follows: (1) For a corporation: by a responsible corporate officer. For the purpose of this Section, a responsible corporate officer means: (a) a president, secretary, treasurer or vice president of the corporation in charge of a principal business function, or any other person who performs similar policy or decision making functions for the corporation, or (b) the manager of one or more manufacturing production or operating facilities employing more than 250 persons or having gross annual sales or expenditures exceeding 25 million(in second quarter 1980 dollars), if authority to sign documents has been assigned or delegated to the manager in accordance with corporate procedures. (2) For a partnership or sole proprietorship: by a general partner or the proprietor, respectively; or (3) For a municipality, State, Federal, or other public agency: by either a principal executive officer or ranking elected official. b. All reports required by the permit and other information requested by the Permit Issuing Authority shall be signed by a person described above or by a duly authorized representative of that person. A person is a duly authorized representative only if: (1) The authorization is made in writing by a person described above; (2) The authorization specified either an individual or a position having responsibility for the overall operation of the regulated facility or activity, such as the position of plant manager, operator of a well or well field, superintendent, a position of equivalent responsibility, or an individual or position having overall responsibility for environmental matters for the company. (A duly authorized representative may thus be either a named individual or any individual occupying a named position.);and (3) The written authorization is submitted to the Permit Issuing Authority. c. Certification. Any person signing a document under paragraphs a. or b. of this section shall make the following certification: "I certify, under penalty of law, that this document and all attachments were prepared under my direction or supervision in accordance with a system designed to assure that qualified personnel properly gather and evaluate the information submitted. Based on my inquiry of the person or persons who manage the system, or those persons directly responsible for gathering the information, the information submitted is, to the best of my knowledge and belief, true, accurate, and complete. I am aware that there are significant penalties for submitting false information,including the possibility of fines and imprisonment for knowing violations." Part IV Page 7 of 14 12. Permit Actions This permit may be modified, revoked and reissued, or terminated for cause. The filing of a request by the permittee for a permit modification, revocation and reissuance, or termination, or a notification of planned changes or anticipated noncompliance does not stay any permit condition. 13. Permit Modification.Revocation and Reissuance. or Termination The issuance of this permit does not prohibit the permit issuing authority from reopening and modifying the permit, revoking and reissuing the permit, or terminating the permit as allowed by the laws, rules, and regulations contained in Title 40, Code of Federal Regulations, Parts 122 and 123; Title 15A of the North Carolina Administrative Code, Subchapter 2H .0100; and North Carolina General Statute 143-215.1 et. al. 14. Previous Permits All previous National Pollutant Discharge Elimination System Permits issued to this facility, whether for operation or discharge, are hereby revoked by issuance of this permit. [The exclusive authority to operate this facility arises under this permit. The authority to operate the facility under previously issued permits bearing this number is no longer effective. ] The conditions, requirements, terms, and provisions of this permit authorizing discharge under the National Pollutant Discharge Elimination System govern discharges from this facility. SECTION C. OPERATION AND MAINTENANCE OF POLLUTION CONTROLS 1. Certified Operator Pursuant to Chapter 90A-44 of North Carolina General Statutes, and upon classification of the facility by the Certification Commission, the permittee shall employ a certified wastewater treatment plant operator in responsible charge (ORC) of the wastewater treatment facilities. Such operator must hold a certification of the grade equivalent to or greater than the classification assigned to the wastewater treatment facilities by the Certification Commission. The permittee must also employ a certified back-up operator of the appropriate type and any grade to comply with the conditions of Title 15A, Chapter 8A .0202. The ORC of the facility must visit each Class I facility at least weekly and each Class II, III, and IV facility at least daily, excluding weekends and holidays, and must properly manage and document daily operation and maintenance of the facility and must comply with all other conditions of Title 15A, Chapter 8A .0202. Once the facility is classified, the permittee shall submit a letter to the Certification Commission which designates the operator in responsible charge within thirty days after the wastewater treatment facilities are 50% complete. 2. Proper Operation and Maintenance The permittee shall at all times properly operate and maintain all facilities and systems of treatment and control (and related appurtenances) which are installed or used by the permittee to achieve compliance with the conditions of this permit. Proper operation and maintenance also includes adequate laboratory controls and appropriate quality assurance procedures. This provision requires the operation of back-up or auxiliary facilities or similar systems which are installed by a permittee only when the operation is necessary to achieve compliance with the conditions of the permit. Part IV Page 8 of 14 3. Need to Halt or Reduce not a Defense It shall not be a defense for a permittee in an enforcement action that it would have been necessary to halt or reduce the permitted activity in order to maintain compliance with the condition of this permit. 4. Bypassing of Treatment Facilities a. Definitions (1) "Bypass" means the known diversion of waste streams from any portion of a treatment facility including the collection system, which is not a designed or established or operating mode for the facility. (2) "Severe property damage" means substantial physical damage to property, damage to the treatment facilities which causes them to become inoperable, or substantial and permanent loss of natural resources which can reasonably be expected to occur in the absence of a bypass. Severe property damage does not mean economic loss caused by delays in production. b. Bypass not exceeding limitations. The permittee may allow any bypass to occur which does not cause effluent limitations to be exceeded, but only if it also is for essential maintenance to assure efficient operation. These bypasses are not subject to the provisions of Paragraphs c. and d. of this section. c. Notice (1) Anticipated bypass. If the permittee knows in advance of the need for a bypass, it shall submit prior notice, if possible at least ten days before the date of the bypass; including an evaluation of the anticipated quality and affect of the bypass. (2) Unanticipated bypass. The permittee shall submit notice of an unanticipated bypass as required in Part II, E. 6. of this permit. (24 hour notice). d. Prohibition of Bypass (1) Bypass is prohibited and the Permit Issuing Authority may take enforcement action against a permittee for bypass,unless: (A) Bypass was unavoidable to prevent loss of life, personal injury or severe property damage; (B) There were no feasible alternatives to the bypass, such as the use of auxiliary treatment facilities, retention of untreated wastes or maintenance during normal periods of equipment downtime. This condition is not satisfied if adequate backup equipment should have been installed in the exercise of reasonable engineering judgment to prevent a bypass which occurred during normal periods of equipment downtime or preventive maintenance; and (C)The permittee submitted notices as required under Paragraph c. of this section. (2) The Permit Issuing Authority may approve an anticipated bypass, after considering its adverse affects, if the Permit Issuing Authority determines that it will meet the three conditions listed above in Paragraph d. (1) of this section. Part IV Page 9 of 14 5. Upsets a. Definition. "Upset " means an exceptional incident in which there is unintentional and temporary noncompliance with technology based permit effluent limitations because of factors beyond the reasonable control of the permittee. An upset does not include noncompliance to the extent caused by operational error, improperly designed treatment facilities, inadequate treatment facilities, lack of preventive maintenance, or careless or improper operation. b. Effect of an upset. An upset constitutes an affirmative defense to an action brought for noncompliance with such technology based permit effluent limitations if the requirements of paragraph c. of this condition are met. No determination made during administrative review of claims that noncompliance was caused by upset, and before an action for noncompliance, is final administrative action subject to judicial review. c. Conditions necessary for a demonstration of upset. A permittee who wishes to establish the affirmative defense of upset shall demonstrate, through properly signed,contemporaneous operating logs,or other relevant evidence that: (1) An upset occurred and that the permittee can identify the cause(s) of the upset; (2) The permittee facility was at the time being properly operated; and (3) The permittee submitted notice of the upset as required in Part II, E. 6. (b) (B) of this permit. (4) The permittee complied with any remedial measures required under Part II, B. 2. of this permit. d. Burden of proof. In any enforcement proceeding the permittee seeking to establish the occurrence of an upset has the burden of proof. 6. Removed Substances Solids,sludges,filter backwash,or other pollutants removed in the course of treatment or control of wastewaters shall be utilized/disposed of in accordance with NCGS 143-215.1 and in a manner such as to prevent any pollutant from such materials from entering waters of the State or navigable waters of the United States. The permittee shall comply with all existing federal regulations governing the disposal of sewage sludge. Upon promulgation of 40 CFR Part 503,any permit issued by the Permit Issuing Authority for the utilization/disposal of sludge may be reopened and modified, or revoked and reissued, to incorporate applicable requirements at 40 CFR Part 503. The permittee shall comply with applicable 40 CFR Part 503 Standards for the Use and Disposal of Sewage Sludge (when promulgated) within the time provided in the regulation, even if the permit is not modified to incorporate the requirement. The permittee shall notify the Permit Issuing Authority of arty significant change in its sludge use or disposal practices. 7. Power Failures The permittee is responsible for maintaining adequate safeguards as required by DEM Regulation, Title 15A, North Carolina Administrative Code, Subchapter 21-I, .0124 Reliability, to prevent the discharge of untreated or inadequately treated wastes during electrical power failures either by means of alternate power sources,standby generators or retention of inadequately treated effluent.