NC0086169_Issuance of Permit_19971114 (182)

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 [phone] FAX [phone]
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.

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PRIMARY HIGHWAY LIGHT-DUTY ROAD"HARD OR 0 1 MILE
HARD SURFACE IMPROVED SURFACE = .-===
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Stream Class C QUAD LOCATION
Discharge Class 100%Industrial Corning Incorporated
NC0086169
Receiving Stream See Above % Cabarrus County
Design Q 0.023 MGD Permit expires 10/31/99 Fiber Optic Manufacturer

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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 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.
I 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.

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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 ( . A -✓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 5 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. . -'
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5 See Ite A(6 of the Supplement to Effluent Limitations and Mon oring Requirements. --------- t--) "1'°`' +
There shall be no 'ischarge of floating solids or visible foam in other an trace amounts.
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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 [phone].

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
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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
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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
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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
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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
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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.

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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.

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SECTION D. MONITORING AND RECORDS
1. Representative Sampling
Samples collected and measurements taken, as required herein, shall be characteristic of the
volume and nature of the permitted discharge. Samples collected at a frequency less than daily
shall be taken on a day and time that is characteristic of the discharge over the entire period
which the sample represents. All samples shall be taken at the monitoring points specified in this
permit and, unless otherwise specified, before the effluent joins or is diluted by any other
wastestream, body of water, or substance. Monitoring points shall not be changed without
notification to and the approval of the Permit Issuing Authority.
2. Reporting
Monitoring results obtained during the previous month(s) shall be summarized for each month and
reported on a monthly Discharge Monitoring Report (DMR) Form (DEM No. MR 1, 1.1, 2, 3)or
alternative forms approved by the Director, DEM, postmarked no later than the 30th day
following the completed reporting period.
The first DMR is due on the last day of the month following the issuance of the permit or in the case
of a new facility, on the last day of the month following the commencement of discharge.
Duplicate signed copies of these, and all other reports required herein, shall be submitted to the
following address:
Division of Water Quality
Water Quality Section
ATTENTION: Central Files
Post Office Box 29535
Raleigh, North Carolina 27626-0535
3. Flow Measurements
Appropriate flow measurement devices and methods consistent with accepted scientific practices
shall be selected and used to ensure the accuracy and reliability of measurements of the volume of
monitored discharges. The devices shall be installed, calibrated and maintained to ensure that the
accuracy of the measurements are consistent with the accepted capability of that type of device.
Devices selected shall be capable of measuring flows with a maximum deviation of less than + 10%
from the true discharge rates throughout the range of expected discharge volumes. Once-through
condenser cooling water flow which is monitored by pump logs,or pump hour meters as specified in
Part I of this permit and based on the manufacturer's pump curves shall not be subject to this
requirement.
4. Test Procedures
Test procedures for the analysis of pollutants shall conform to the EMC regulations published
pursuant to NCGS 143-215.63 et. seq, the Water and Air Quality Reporting Acts, and to regulations
published pursuant to Section 304(g), 33 USC 1314, of the Federal Water Pollution Control Act, as
Amended, and Regulation 40 CFR 136; or in the case of sludge use or disposal, approved under 40
CFR 136,unless otherwise specified in 40 CFR 503,unless other test procedures have been specified
in this permit.
To meet the intent of the monitoring required by this permit, all test procedures must produce
minimum detection and reporting levels that are below the permit discharge requirements and all
data generated must be reported down to the minimum detection or lower reporting level of the
procedure. If no approved methods are determined capable of achieving minimum detection and

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reporting levels below permit discharge requirements, then the most sensitive (method with the
lowest possible detection and reporting level)approved method must be used.
5. Penalties for Tampering
The Clean Water Act provides that any person who falsifies, tampers with, or knowingly renders
inaccurate, any monitoring device or method required to be maintained under this permit shall,
upon conviction,be punished by a fine of not more than$10,000 per violation,or by imprisonment for
not more than two years per violation, or by both. If a conviction of a person is for a violation
committed after a first conviction of such person under this paragraph,punishment is a fine of not
more than$20,000 per day of violation,or by imprisonment of not more than 4 years,or both.
6. Records Retention
Except for records of monitoring information required by this permit related to the permittee's
sewage sludge use and disposal activities, which shall be retained for a period of at least five
years (or longer as required by 40 CFR 503), the permittee shall retain records of all monitoring
information, including all calibration and maintenance records and all original strip chart
recordings for continuous monitoring instrumentation,copies of all reports required by this permit,
for a period of at least 3 years from the date of the sample, measurement, report or application.
This period may be extended by request of the Director at any time.
7. Recording Results
For each measurement or sample taken pursuant to the requirements of this permit, the permittee
shall record the following information:
a. The date,exact place,and time of sampling or measurements;
b. The individual(s)who performed the sampling or measurements;
c. The date(s) analyses were performed;
d. The individual(s) who performed the analyses;
e. The analytical techniques or methods used;and
f. The results of such analyses.
8. Inspection and Entry
The permittee shall allow the Director, or an authorized representative (including an authorized
contractor acting as a representative of the Director),upon the presentation of credentials and other
documents as may be required by law,to;
a. Enter upon the permittee's premises where a regulated facility or activity is located or
conducted,or where records must be kept under the conditions of this permit;
b. Have access to and copy,at reasonable times,any records that must be kept under the conditions
of this permit;
c. Inspect at reasonable times any facilities, equipment (including monitoring and control
equipment),practices,or operations regulated or required under this permit;and
d. Sample or monitor at reasonable times, for the purposes of assuring permit compliance or as
otherwise authorized by the Clean Water Act, any substances or parameters at arty location.

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

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

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Persons reporting such occurrences by telephone shall also file a written report in letter form within
5 days following first knowledge of the occurrence.
10. Availability of Reports
Except for data determined to be confidential under NCGS 143-215.3(a)(2) or Section 308 of the
Federal Act, 33 USC 1318, all reports prepared in accordance with the terms shall be available for
public inspection at the offices of the Division of Water Quality. As required by the Act, effluent
data shall not be considered confidential. Knowingly making any false statement on any such
report may result in the imposition of criminal penalties as provided for in NCGS 143-215.1(b)(2) or
in Section 309 of the Federal Act.
11. penalties for Falsification of Reports
The Clean Water Act provides that any person who knowingly makes any false statement,
representation, or certification in any record or other document submitted or required to be
maintained under this permit, including monitoring reports or reports of compliance or
noncompliance shall,upon conviction,be punished by a fine of not more than$10,000 per violation,
or by imprisonment for not more than two years per violation,or by both.

PART V
OTHER REQUIREMENTS
A. Construction
No construction of wastewater treatment facilities or additions to add to the plant's treatment
capacity or to change the type of process utilized at the treatment plant shall be begun until Final
Plans and Specifications have been submitted to the Division of Water Quality and written approval
and Authorization to Construct has been issued.
B. Groundwater Monitoring
The permittee shall,upon written notice from the Director of the Division of Water Quality,conduct
groundwater monitoring as may be required to determine the compliance of this NPDES permitted
facility with the current groundwater standards.
C. Changes in Discharges of Toxic Substances
The permittee shall notify the Permit Issuing Authority as soon as it knows or has reason to believe:
a.That any activity has occurred or will occur which would result in the discharge, on a routine or
frequent basis, of any toxic pollutant which is not limited in the permit, if that discharge will
• exceed the highest of the following "notification levels";
(1)One hundred micrograms per liter(100 ug/1);
(2)Two hundred micrograms per liter (200 ug/1) for acrolein and acrylonitrile; five hundred
micrograms per liter(500 ug/1)for 2.4-dinitrophenol and for 2-methyl-4.6-dinitrophenol;and
one milligram per liter(1 mg/1)for antimony;
(3) Five (5) times the maximum concentration value reported for that pollutant in the permit
application.
b. That any activity has occurred or will occur which would result in any discharge,on a non-routine
or infrequent basis, of a toxic pollutant which is not limited in the permit, if that discharge will
exceed the highest of the following"notification levels";
(1)Five hundred micrograms per liter(500 ug/l);
(2)One milligram per liter(1 mg/1)for antimony;
(3) Ten (10) times the maximum concentration value reported for that pollutant in the permit
application.
D. Requirement to Continually Evaluate Alternatives to Wastewater Discharges
The permittee shall continually evaluate all wastewater disposal alternatives and pursue the most
environmentally sound alternative of the reasonably cost effective alternatives. If the facility is in
substantial non-compliance with the terms and conditions of the NPDES permit or governing rules,
regulations or laws, the permittee shall submit a report in such form and detail as required by the
Division evaluating these alternatives and a plan of action within sixty(60)days of notification by the
Division.

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