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HomeMy WebLinkAboutNC0085685_HISTORICAL_20100625eR' -k INA -i L 1 a p 0 6 I! C A L lu1 33.' E u Postage $ .�p p p Certified Fee Postmark 7 Return Receipt Fee 7 (Endorsement Required) Here 7 Restricted Delivery Fee 7 (Endorsement Requlred) s � 7 Total Postage & Fees n u SitT / 3 Street, Ap . No.; or PO Box No. `70/rY'-_ l�±9 Stat ZIP a m 2-1.. ;ertitied Mail Provides: A mailing receipt A unique identifier for your mailpiece A signature upon delivery A record of delivery kept by the Postal Service for two years mportant Reminders: Certified Mail may ONLY be combined with First -Class Mail or Priority Mail. Certified Mail is not available for any class of international mail. r NO INSURANCE COVERAGE IS PROVIDED with Certified Mail. Fc valuables, please consider Insured or Registered Mail. For an additional fee, a Return Receipt may be requested to provide proof c delivery. To obtain Return Receipt service, please complete and attach a Retur Receipt (PS Form 3811) to the article and add applicable postage to cover th fee. Endorse mailpiece,'Return Receipt Requested". To receive a fee waiver fc a duplicate return receipt, a USPS postmark on your Certified Mail receipt i required. For an additional fee, delivery, may be restricted to the addressee c addressee's authorized agent. Advise the clerk or mark the mailpiece with th endorsement "Restricted Delivery". If a postmark on the Certified Mail receipt is desired; please present the art cle at the post office .for postmarking. If a postmark on the Certified Me receipt is not needed, detach and affix label with postage and mail. MPORTANT. Save this receipt and prpunt it whdn making an inquiry. 3S Form 3800, January 2001 (Reverse) 102595-01-M-104 ,NCDENR North Carolina. Department of Environment and Natural- Resources Division,of Water Quality Beverly Eaves Perdue Coleen H. Sullins Governor Director June 25, 2010 CERTIFIED MAIL RETURN RECEIPT REQUESTED Mr. Kenneth N. Windley, County Manager County of Robeson 701 North Elm Street Lumberton NC 28358 Subject: Notice of Violation County of Robeson Lumber Bridge WTP and Maxton WTP Robeson County Dear Mr. Windley: Dee Freeman Secretary You are hereby notified that, Robeson County (Lumber Bridge WTP and Maxton WTP) was found to be in violation of G. S.143-215.1. (a)(2) &(9) conditions. Violation I: Failure to meet G. S,143-215.1. (a)(2) & (9) Control of sources of water pollution; permit required. (a) Activities, for Which Permits are Required. - No person shall, do any of the following things or carry out any of the following activities unless that person has received a permit from the Commission and has complied with all conditions set forth in the.permit: (2) Construct or operate any sewer system, treatment works or disposal system within the State. (9) Dispose of sludge resulting from the operation of a treatment works, including the removal of in - place sewage sludge from one location and its -.deposit in `another location, consistent with the requirement of the Resource Conservation and Recovery Act and regulations promulgated pursuant thereto. Required Corrective action for Violation I: Cease all non -permitted activities if you have not already done so. The County must come up with a permitted means of handling any iron filter backwash residuals from the Robeson County Water Treatment Facilities. Options have been discussed; but it is Robeson County's responsibility to develop a solution. to this situation. AQUIFER PROTECTION SECTION 225 Green St., Ste, 714 Fayetteville, North Carolina 28301 One Phone: 910433-33001 FAX: 910486-0707\ Customer Service: 1-877-623-6748 NorthCal"olina . Internet: www.h20.enrstate.nc.us '/ An Equal Opportunity \ Affirmative Action Employer NatuNallff Kenneth N. Windley Page 2 June 23, 2010 _z. The Division of Water Quality requests that, in addition to the specified corrective action above, please submit the following items on or before July 23, 2010: 1. Please respond with a written explanation as to how the county intends to address future disposal of the unpermitted water treatment facility sludge, along with a schedule that describes the tasks and projects the time required to achieve a long-tem permitted solution. Please be advised that this notice does not prevent the Division of Water Quality from taking enforcement actions for this violation or any past or future, violation. Neither does this notice remove you from the responsibility or liability for failure to comply with any State Rule, State Statue or permitting requirement. - Furthermore, the Division of Water Quality has the authority to levy a civil penalty of not more than $25,000.00 per day per violation. If you have any questions concerning this matter, please do not hesitate to contact either Tony Honeycutt (910- 433-3339) or myself at (910- 433-3336). cc: Myron Neville, ORC APS Central Office File RS-1'RV He AQUIFER PROTECTION SECTION 225 Green St., Ste. 714 Fayetteville, North Carolina 28301 Phone: 910433-33001 FAX: 910486-07071 Customer Service: 1-877-623-6748 Internet: wvvvv.h20.enr.state.nc.us An Equal opportunity 1 Affirmative Action Employer Sincerely, Stephen A. Barnhardt L.G. Regional. Aquifer Protection Supervisor NC Division of Water Quality Fayetteville Regional Office NonrthCarohna Naturallrf • Coffiblete-.jfemsJ,2,. and 3. Also, complete item 4 if ' Restricted Delivery is desired. • Print your name and address on the reverse so that We'dah return the card to.'y-ou. - I -,I • Attach this card to the back of the mailpiece,' or on the front if space permits. I., Article Addressed to: COUNTY OF ROBESON ATTN: MR. KENNETH N 701 NORTH ELM ST. LUMBERTON, NC 28358 6b Hl'SWM* r— 1ZJQ1 I 3nnA A. 0 Agent C. Date of Deliver D. Is delivery address different.froul item 1 ? 1:1 Yes If YES, enter delivery address below: El No 3. Service Type 'Certified Mall El Express Mail El Registered , 0 Return Receipt for Merchandls( 11 Insured Mail El C.O.D. 4. Restricted Delivery? (Extra Fee) 13 Yes UNITED STATES POSTAL E.. , ICE, sib Mean, 1/ �.';>".".?...... :, - �,PostagiaWfeWt5aid s•,...•S..v;s `� �. Y �` /• ;,, .f s�tw ':p. r� :a"? �.....A..... 'USF�S"'-�*� rt.^ r. �.�d'+..J.: J`s, •Q�. +�... d'.A"�:�E...a.J Y.l :4 iY+��'1..�..6-i �> +it7�.....an(:^per'.�1`t�f�iat,G...��A.�.� a. a 't.4 A F..! ••4+'4 •+ a"a Fi'4 v..J :.1. � J.� •• � ' ^••`^`^' • Sender: Please print your name, NC DEPT OF ENVIRONMENT & NATURAL RESOURCES DWQ-AP SECTION ATTN: ART BARNHARDT 225 GREEN ST, SUITE 714 FAYETTEVILLE NC 28301-5043 NCDENR North Carolina Department of Environment•an�d Natural.Resources Division of Water Quality Beverly Eaves Pertlue. Coleen W: Sullins. ;Dee Freeman Governor Director Secretary June 23 2010 CERTIFIED MAIL RETURN RECEIPTREOUESTED 'Mr. Kenneth N. Windl'ey; County -Manager County,of Robeson ; 701-14orth Elm. Street Lumberton NC 28358' Subject: Notice of Violation County of kobeson Lumber Bridge WTP. and Nlaxton-,WTP Robeson County Dear Mr. Windley: You are hereby notif ed that; Robeson' County-(LutnberlBridge W tk' Makto i ,WTP)' was found to'.be in violation of.G. S.143-215.1. (a)(2)-&(9) conditions; Violation I:, Failure to meet G: S, 14S" 215.1., (a)(2) & (9) Control of.sources of water pollution, permit required: (a) Activities for Which -Permits are Required. - No` person shall do any of'the following things or Barry out any of the following activities unless that. person has received a permit from the; Commission•and'has complied with all conditions set forth'in the'p'ermit: •(2) Construct or operate any sewer systeni treatment works or disposal system within the Stater , (9) Dispose of sludge resulting 'from the: operation - a treatment works;. including the removal' of in- place sewage sludge from : one location Arid its deposit .in another . location; , consistetit with .the requirement of the Resource Consefvation and Recovery Act and regulations promulgated pursuant thereto. Required Corrective action for Violation: I: The County must come .up with an alternate means ofhandlirlg the iron filter backwash from the Water Treatment Facilities in, question; '(Lumber Bridge WTP and Makton WTP). Some of the options that have been discussed .. . with county, personnel are as follows: potentially permitting the existing infiltration basin8 (Proctorville; site'on'ly) building of additional -drying bed structures- Or. dewatering and composting: It' is at the; discretion of Robeson 'County to decide what•method or -methods are iii `their best, interest to address this situation. AQUIFER PROTECTION SECTION 225 Green St., Ste. 714 Fayetteville, North Carolina 28301. QIlC Phone: 91OA33-33001 FAX: 916486'-07071'CuMoiner Service:•1+877-:I-6748 Intefiet: www h20 enr state.nNOrth0 olinac.us .� ���"H���� • An Equal Opportunity 1 Affirmative Action. Employer ( Kenneth N. Windley Page 2 June 23, 2010 The Division of Water Quality requests that, in addition to the specified corrective action above, please submit the following items on or before July ,23, 2010: 1. Please respond with a written explanation as to how th"e,county intends to "address future disposal of the water treatment facility sludge at the Lumber Bridge WTP and the" Maxton WTP. Please be advised that this notice does not prevent the" Division of Water Quality from taking enforcement actions for this violation or any past or future violation. Neither does this notice remove you from the responsibility or liability for failure to comply with any State Rule, State Statue or permitting requirement. Furthermore, the Division of Water Quality has the authority to levy a civil penalty of not more than 'V5,000.00 per day per violation. If you have any questions concerning this matter, please do not hesitate to contact either Tony Honeyeutt-(910- 433-3339) or myself at (910- 433-3336). cc: Myron Neville, ORC APS Central Office File APS FRO File AQUIFER PROTECTION SECTION 225 Green St., Ste. 714 Fayetteville, North Carolina 28301 Phone: 910.433-33001 FAX: 910-486-01071 Customer Service:1-877-623-6148' Internet: www.h20.ennstate.nem An Equal Opportunity l Affirmative Action Employer Sincerely, Stephen A. Barnhardt L.G. Regional Aquifer Protection Supervisor NC Division of Water Quality Fayetteville Regional Office NorthCarolina . ;Vahmllty §. U141 Control of sourees of water pollution; permits required. :I(a) Activities for Which Permits Required. — No person shall do any of the following things or carry out any of the following activities unless that -person has received a permit from the Commission and has complied with all'conditions set forth in the permit: (1) Make any outlets into the waters of the State. (2); Construct or operate any sewer 'system; treatment works, or disposal system within the State. (3) Alter, extend, or change the construction or method of operation of any sewer system, treatment works; or disposal system within the State: (4) Increase the quantity of waste discharged through any outlet or processed in any treatment works or disposal system to any extent that would result in any violation of the effluent standards or limitations established for any point source or that would adversely affect the condition of the receiving waters to the extent of violating any applicable standard. (5) Change the nature of the waste discharged through any disposal system in any way that would exceed the effluent standards or limitations established for any point source or that would adversely affect the condition of the receiving waters in relation to any applicable standards. (6) Cause or permit any waste, directly or indirectly, to be discharged to or in any manner intermixed with the waters of the State in violation of the water quality standards applicable to the assigned classifications or in violation of any effluent standards or limitations established for any point source, unless allowed as a condition of any permit, special order or other appropriate instrument issued or entered into by the Commission under the provisions of this Article. (7) Cause or permit any wastes for which pretreatment is required by pretreatment standards to be discharged, directly or indirectly, from a pretreatment facility to any disposal system or to alter, extend or change the construction or method of operation or increase the quantity or change the nature of the waste discharged from or processed in that facility. (8) Enter into a contract for the construction and installation of any outlet, sewer system, treatment works, pretreatment facility or disposal system or for the alteration or extension of any such facility. (9 . Dispose of sludge . resulting from the operation of a treatment works, including the removal of in -place sewage sludge from one location and its deposit at another location, consistent with the requirement of the Resource Conservation and Recovery Act and regulations promulgated pursuant - thereto. (10) Cause or permit any, pollutant to enter into a defined managed area of the State's waters for the maintenance or production of harvestable freshwater, estuarine, or marine plants or animals. (11) Cause or permit discharges regulated under G.S. 143-214.7 that result in Water pollution. (12) Construct or operate an animal waste management system, as defined in G.S. 143-215.10B, without obtaining a permit under either this Part or Part IA of this Article. G.S. 143-215.1 Page 1 (al) In the event that both effluent standards or limitations and classifications and water quality standards are applicable to any point source or sources and to the waters to which they discharge, the more stringent among the standards established by the Commission shall be applicable and controlling. (a2) No permit shall be granted for the disposal of waste in waters classified as sources of public water supply where the head of the agency that administers the public water supply program pursuant to Article 10 of Chapter 130A of the General Statutes, after review of the plans and specifications for the proposed disposal facility, determines and advises the Commission that any outlet for the disposal of waste is, or would be, sufficiently close to the intake works or proposed intake works of a public water supply as to have an adverse effect on the public health. (0) If the Commission denies an application for a permit, the Commission shall state in writing the reason for the denial and shall also state the Commission's estimate of the changes in the applicant's proposed activities or plans that would be required in order that the applicant may obtain a permit. iKThe Department shall regulate wastewater systems under rules adopted by the Commission for Public Health pursuant to Article 11 of Chapter 130A of the General Statutes except as otherwise provided in this subsection. No permit shall be required under this section for a wastewater system regulated under Article 11 of Chapter 130A of the General Statutes. The following wastewater systems shall be regulated by the Department under rules adopted by the Commission: 1) Wastewater systems designed to discharge effluent to the land surface or surface waters. (2) Wastewater systems designed for groundwater remediation, groundwater injection, or landfill leachate collection and disposal. (3) Wastewater systems designed for the complete recycle or reuse of industrial process wastewater. (b) Commission's Power as to Permits. — (1) The Commission shall act on all permits so as to prevent, so far as reasonably possible, considering relevant standards under State and federal laws, any significant increase in pollution of the waters of the State from any new or enlarged sources. No permit shall be denied and no condition shall be attached to the permit, except when the Commission finds such denial or such conditions necessary to effectuate the purposes of this Article. (2) The Commission shall also act on all permits so as to prevent violation of water quality standards due to the cumulative effects of permit decisions. Cumulative effects are impacts attributable to the collective effects of a number of projects and include the effects of additional projects similar to the requested permit in areas available for development in the vicinity. All permit decisions shall require that the practicable waste treatment and disposal alternative with the least adverse impact on the environment be utilized. (3) General permits may be issued under rules adopted pursuant to Chapter 150B of the General Statutes. Such rules may provide that minor activities may occur under a general permit issued in accordance with conditions set out in such rules. All persons covered under general permits shall be subject to all enforcement procedures and remedies applicable under this Article. G.S. 143-215.1 Page 2 M (4) The Commission shall have the power: a. To grant a permit with such conditions attached as the Commission believes necessary to achieve the purposes of this Article. b. To require that an applicant satisfy the Department that the applicant, or any parent, subsidiary, or other affiliate of the applicant or parent: 1. Is financially qualified to carry out the activity for which the permit is required under subsection (a) of this section; and 2. Has substantially complied with the effluent standards and limitations and waste management treatment practices applicable to any activity in which the applicant has previously engaged, and has been in substantial compliance with other federal and state laws, regulations, and rules for the protection of the environment. 3. As used in this subdivision, the words "affiliate," "parent, and "subsidiary" have the same meaning as in 17 Code of Federal Regulations § 240.12b-2 (April 1, 1990, Edition). 4. For a privately owned treatment works that serves 15 or more service connections or that regularly serves 25 or more individuals, financial qualification may be demonstrated through the use of a letter of credit, insurance, surety, trust agreement, financial test, bond, or a guarantee by corporate parents or third parties who can pass the financial test. No permit shall be issued under this section for a privately owned treatment works that serves.15 or more service connections or that regularly serves 25 or more individuals, until financial qualification is established and the issuance of the permit shall be contingent on the continuance of the. financial qualification for the duration of the activity for which the permit was issued. C. To modify or revoke any permit upon not less than 60 days' written notice to any person affected. d. To designate certain classes of minor activities for which a general permit may be issued, -after considering: 1. The environmental impact of the activities; 2. How often the activities are carried out; 3. The need for individual permit oversight, and 4. The need for public review and comment on individual permits. e. To designate certain classes of minor activities for which: 1. Performance conditions may be established by rule; and 2. Individual or general permits are not required. (5) The Commission shall riot issue a permit for a new municipal or domestic wastewater treatment works that would discharge to the surface waters of the State or for the expansion of an existing municipal or domestic wastewater treatment works that would discharge to the surface waters of the State unless the applicant for the permit demonstrates to the satisfaction of the Commission that: G.S. 143-215.1 Page 5 a. The applicant has prepared and considered an engineering, environmental, and fiscal analysis of alternatives to the proposed facility. b. The applicant is in compliance with the applicable requirements of the systemwide municipal and domestic wastewater collection systems permit program adopted by the Commission. (b1) Repealed by Session Laws 1991, c. 156, s. 1. (c) Applications for Permits and Renewals for Facilities Discharging to the Surface Waters. — (1) All applications for permits and for renewal of existing permits for outlets and point. sources and for treatment works and disposal systems discharging to the surface waters of the State shall be in writing; and the Commission may prescribe the form of such applications. All applications shall be filed with the Commission at least 180 days in advance of the date on which it is desired to commence the discharge of wastes or the date on which an existing permit expires, as the case may be. The Commission shall act on a permit application as quickly as possible. The Commission may conduct any inquiry or investigation it considers necessary before acting on an application and may require an applicant to submit plans, specifications, and other information the Commission considers 'necessary to evaluate the application. (2) a. The Department shall refer each application for permit, or renewal of an existing permit, for outlets and point sources and treatment works and disposal systems discharging to the surface waters of the State to its staff for written evaluation and proposed determination with regard to issuance or denial of the permit. If the. Commission concurs in the proposed determination, it shall give notice of intent to issue or deny the permit, along with any other data that the Commission may determine appropriate, to be given to the appropriate State, interstate and federal agencies, to interested persons, and to the public. al. The Commission shall prescribe the form and content of the notice. Public notice shall be given at least 45 days prior to any proposed final action granting or denying the permit. Public notice shall be given by publication of the notice one time in a newspaper having general circulation within the county. b. Repealed by Session Laws 1991, c. 734. (3) If any person desires a public hearing on any application for permit or renewal of an existing permit provided for in this subsection, he shall so request in writing to the Commission within 30 days following date of the notice of intent. The Commission shall consider all such requests for hearing, and if the Commission determines that there is a significant public interest. in holding such hearing, at least 30 days' notice of such hearing shall be given to all persons to whom notice of intent was sent and to any other person requesting notice. At least 30 days prior to the date of hearing, the Commission shall also cause a copy of the notice thereof to be published at least one time in a newspaper having general circulation in such county. In any county in which there is more than one newspaper having general G.S. 143-215.1 Page 4 circulation in that county, the Commission shall cause a copy of such notice to be published in as many newspapers having general circulation in the county as the Commission in its discretion determines may be necessary to assure that such notice is generally available throughout the county. The Commission shall prescribe the form and content of the notices. The Commission shall prescribe the procedures to be followed in hearings. If the hearing is not conducted by the Commission, detailed minutes of the hearing shall be kept and shall be submitted, along with any other written comments, exhibits or documents presented at the hearing, to the Commission for its consideration prior to final action granting or denying the permit. (4) Not later than 60 days following notice of intent or, if a public hearing is held, within 90 days following consideration of the matters and things presented at such hearing, the Commission shall grant or deny any application for issuance of a new permit or for renewal of an existing permit. All permits or renewals issued by the Commission and all decisions denying application for permit or renewal shall be in writing. (5) No permit issued pursuant to this subsection (c) shall be issued or renewed for a term exceeding five years. (6) The Commission shall not act upon an application for a new nonmunicipal domestic wastewater discharge facility until it has received a written statement from each city and county government having jurisdiction over any part of the lands on which the proposed facility and its appurtenances are to be located which states whether the city or county has in effect a zoning or subdivision ordinance and, if such an ordinance is in effect, whether the proposed facility is consistent with the ordinance. The Commission shall not approve a permit application for'any facility which a city or county has determined to be inconsistent with its zoning or subdivision ordinance unless it determines that the approval of such application has statewide significance and is in the best interest of the State. An applicant for a permit shall request that each city and county government having jurisdiction issue the statement required by this subdivision by mailing by certified mail, return receipt requested, a written request for such statement and a copy of the draft permit application to the clerk of the city or county. If a local government fails to mail the statement required by this subdivision, as evidenced by a postmark, within 15 days after receiving and signing for the certified mail, the Commission may proceed to consider the permit application notwithstanding this subdivision. (cl) Any person who is required to obtain an individual wastewater permit under this section for a facility discharging to the surface waters of the State that have been classified as nutrient sensitive waters (NSW) under rules adopted by the Commission shall not discharge more than an average annual mass load of total nitrogen than would result from a discharge of the permitted flow, determined at the time the Commission makes a finding that those waters are experiencing or are subject to excessive growth of microscopic or macroscopic vegetation, having a total nitrogen concentration of five and one-half milligrams of nitrogen per liter (5.5 mg/1). The total nitrogen concentration of 5.5 mg/l for nutrient sensitive waters required by this subsection applies only to: G.S. 143-215.1 Page 5 (1) Facilities that were placed into operation prior to 1 July 1997 or for which an authorization to construct was issued prior to 1 July 1997 and that have a design capacity to discharge 500,000 gallons per day or more. (2) Facilities for which an authorization to construct is issued on or after 1 July 1997. (c2) Any person who is required to obtain an individual wastewater permit under this section for a facility discharging to the surface waters of the State that have been classified as nutrient sensitive waters (NSW) under rules adopted by the Commission where phosphorus is designated by the Commission as a nutrient of concern shall not discharge more than an average annual mass load of total phosphorus than would result from a discharge of the permitted flow, determined at the time the Commission makes a finding that those waters are experiencing or are subject to excessive growth of microscopic or macroscopic vegetation, having a total phosphorus concentration of two milligrams of phosphorus per liter (2.0 mg/1). The total phosphorus concentration of 2.0 mg/l for nutrient sensitive waters required by this subsection applies only to: (1) Facilities that were placed into operation prior to 1 July 1997 or for which an authorization to construct was issued prior to 1 July 1997 and that have a design capacity to discharge 500,000 gallons per day or more. (2) Facilities for which an authorization to construct is issued on or after 1 July 1997. (6) A person to whom subsection (cl) or (c2) of this section applies may meet the limits established under those subsections either individually or on the basis of a cooperative agreement with other persons who hold individual wastewater permits if the cooperative agreement is approved by the Commission. A person to whom subsection (cl) or (c2) of this section applies whose agreement to accept wastewater from another wastewater treatment facility that discharges into the same water body and that results in the elimination of the discharge from that wastewater treatment facility shall be allowed to increase the average annual mass load of total nitrogen and total phosphorus that person discharges by the average annual mass load of total nitrogen and total phosphorus of the wastewater treatment facility that is eliminated. If the wastewater treatment facility that is eliminated has a permitted flow of less than 500,000 gallons per day, the average annual mass load of total nitrogen or phosphorus shall be calculated from the most recent available data. A person to whom this subsection applies shall comply with nitrogen and phosphorus discharge monitoring requirements established by the Commission. This average annual load of nitrogen or phosphorus shall be assigned to the wastewater discharge allocation of the wastewater treatment facility that accepts the wastewater. (c4) A person to whom subsection (cl) of this section applies may request the Commission to approve a total nitrogen concentration greater than that set out in subsection (cl) of this section at a decreased permitted flow so long as the average annual mass load of total nitrogen is equal to or is less than that required under subsection (cl) of this section. A person to whom subsection (c2) of this section applies may request the Commission to approve a total phosphorus concentration greater than that set out in subsection (c2) of this section at a decreased permitted flow so long as the average annual mass load of total phosphorus is equal to or is less than that required under subsection (c2) of this section. If, after any 12-month period following approval of a greater concentration at a decreased permitted flow, the Commission finds that the greater concentration at a decreased permitted flow does not result in an average annual mass load of total nitrogen or total phosphorus equal to or less than those G.S. 143-215.1 Page 6 that would be achieved under subsections (cl) and (c2) of this section, the Commission shall rescind its approval of the greater concentration at a decreased permitted flow and the requirements of subsections (cl) and (c2) of this section shall apply. (0) For surface waters to which the limits set .out in subsection (cl) or (c2) of this section apply and for which a calibrated nutrient response model that meets the requirements of this subsection has been approved by the -Commission, mass load limits for total nitrogen or total phosphorus shall be based on the results of the nutrient response model. A calibrated nutrient response model shall be developed and maintained with current data, be capable of predicting the impact of nitrogen or phosphorus in the surface waters, and incorporated into nutrient management plans by the Commission. The maximum mass load for total nitrogen or total phosphorus established by the Commission shall be substantiated by the model and may require individual discharges to be limited at concentrations that are different than those set out in subsection (cl) or (c2) of this section. A calibrated nutrient response model shall be developed by the Department in conjunction with the affected parties and is subject to approval by the Commission. (c6) For surface waters that the Commission classifies as nutrient sensitive waters (NSW) on or after 1 July 1997, the Commission shall establish a date by which facilities that were placed into operation prior to the date on which the surface waters are classified NSW or for which an authorization to construct was issued prior to the date on which the surface waters are classified NSW must comply with subsections (cl) and (c2) of this section. The Commission shall establish the compliance date at the time of the classification. The Commission shall not establish a compliance date that is more than five years after the date of the classification. The Commission may extend the compliance date as provided in G.S. 143-215.113. A request to extend a compliance date shall be submitted "within 120 days of the date on which the Commission reclassifies a surface water body as NSW: (d) Applications and Permits for Sewer Systems, Sewer System Extensions and Pretreatment Facilities, Land Application of Waste, and for Wastewater Treatment Facilities Not Discharging to the Surface Waters of the State. — (1) All applications for new permits and for renewals of existing permits for sewer systems, sewer system extensions and for disposal systems, and for land application of waste, or treatment works which do not discharge to the surface waters of the State, and all permits or renewals and decisions, denying any application for permit or renewal shall be in writing. The Commission shall act on a permit application as quickly as possible. The Commission may conduct any inquiry or investigation it considers necessary. before acting on an application and may require an applicant to submit plans, specifications, and other information the Commission considers necessary to evaluate the application. If the Commission fails to act on an application for a permit, including a renewal of a permit, within 90 days after the applicant submits all information required by the Commission, the application is considered to be approved. Permits and renewals issued in approving such facilities pursuant to this subsection shall be effective until the date specified therein or until rescinded unless modified or revoked by the Commission. Local governmental units to whom pretreatment program authority has been delegated shall establish, maintain, and provide to the public, upon written request, a list of pretreatment applications received. G.S. 143-215.1 Page 1 (2) An applicant for a permit to dispose of petroleum contaminated soil by land application shall give written notice that he intends to apply for such a permit to each city and county government having jurisdiction over any part of the land on which disposal is proposed to occur. The Commission shall not accept such a permit application unless it is accompanied by a. copy of the notice and evidence that the notice was sent to each such government by certified mail, return receipt 'requested. The Commission may consider, in determining whether to issue the permit, the comments submitted by local governments. (d1) Each applicant under subsections (c) or (d) for a permit (or the renewal thereof) for the operation of a treatment works for a private multi -family or single family residential development, in which the owners of individual residential units are required to organize as a lawfully constituted and incorporated homeowners' association of a subdivision, condominium, planned unit development, or townhouse complex, shall be required to enter into an operational agreement with the Commission as a condition of any such permit granted. The agreement shall address, as necessary, construction, operation, maintenance, assurance of financial solvency, transfers of ownership and abandonment of the plant, systems, or works, and shall be modified as necessary to reflect any changed condition at the treatment plant or in the development. Where the Commission finds appropriate, it may require any other private residential subdivision, condominium, planned unit development or townhouse complex which is served by a private treatment works and does not have a lawfully constituted and incorporated homeowners' association, and for which an applicant applies for a permit or the renewal thereof under subsections (c) or (d), to incorporate as a lawfully constituted homeowners' association, and after such incorporation, to enter into an operational agreement with the Commission and the applicant as a condition of any permit granted under subsections (c) or (d). The local government unit or units having jurisdiction over the development shall receive notice of the application within an established comment period and prior to final decision. (e) Administrative Review. — A permit applicant or permittee who is dissatisfied with a decision of the Commission may commence a contested case by filing a petition under G.S. 150B-23 within 30 days after the Commission notifies the applicant or permittee of its decision. If the permit applicant or permittee does not file a petition within the required time, the Commission's decision is final and is not subject to review. (f) Local Permit Programs for Sewer Extension and Reclaimed Water Utilization. — Municipalities, counties, local boards or commissions, water and sewer authorities, or groups of municipalities and counties may establish and administer within their utility service areas their own general permit programs in lieu of State permit required in G.S. 143-215.1(a)(2), (3), and (8) above, for construction, operation, alteration, extension, change of proposed or existing sewer system, subject to the prior certification of the Commission. For purposes of this subsection, the service area of a municipality shall include only that area within the corporate limits of the municipality and that area outside a municipality in its extraterritorial jurisdiction where sewer service or a reclaimed water utilization system is already being provided by the municipality to the permit applicant or connection to the municipal sewer system or a reclaimed water utilization system is immediately available to the applicant; the service areas of counties and the other entities or groups shall include only those areas where sewer service or a reclaimed water utilization system is already being provided to the applicant by the permitting authority or connection to the permitting authority's system is immediately available. No later than the 180th day after the receipt of a program and statement submitted by any local G.S. 143-215.1 Page 8 government, commission, authority, or board the Commission shall certify any local program that does all of the following: (1) Provides by ordinance or local law for requirements compatible with those imposed by this Part and the rules implementing this Part. (2) Provides that the Department receives notice and a copy of each application for a permit and that it receives copies of approved permits and plans upon request by the Commission. (3) Provides that plans and specifications for all construction, extensions, alterations, and changes be prepared by or under the direct supervision of an engineer licensed to practice in this State. (4) Provides for the adequate enforcement of the program requirements by appropriate administrative and judicial process. (5) Provides for the adequate administrative organization, engineering staff, financial and other resources. necessary to effectively carry out its plan review program. (6) Provides that the system is capable of interconnection at an appropriate time with an expanding municipal, county, or regional system. (7) Provides for the adequate arrangement for the continued operation, service, and maintenance of the sewer or a reclaimed water utilization system. (8) Is approved by the Commission as adequate to meet the requirements of this Part and the rules implementing this Part. (fl) The Commission may deny, suspend, or revoke certification of a local program upon a finding that a violation of the provisions in subsection (f) of this section has occurred. A denial, suspension, or revocation of a certification of a local program shall be made only after notice and a public hearing. If the failure of a local program to carry out this subsection creates an imminent hazard, the Commission may summarily revoke the certification of the local program. Chapter 150B of the General Statutes does not apply to proceedings under this subsection. (f2) Notwithstanding any other provision of subsections (f) and (fl) of this section, if the Commission determines that a sewer'system, treatment works, or disposal system is operating in violation of the provisions of this Article and that the appropriate local authorities have not acted to enforce those provisions, the Commission may, after written notice to the appropriate local government, take enforcement action in accordance with the provisions of this Article. (g) Any person who is required to hold a permit under this section shall submit to the Department a written description of his current and projected plans to reduce the discharge of waste and pollutants under such permit by source reduction or recycling. The written description shall accompany the payment of the annual permit fee. The written description shall also accompany any application for a new permit, or for modification of an existing permit, under this section. The written description required by this subsection shall not be considered part of a permit application and shall not serve as the basis for the denial of a permit or permit modification. (h) Each applicant for a new permit or the modification of an existing permit issued under subsection (c) of this section shall include with the application: (i) the extent to which the new or modified facility is constructed in whole or in part with funds provided or administered by the State or a unit of local government, (ii) the impact of the facility on water quality, and (iii) whether there are cost-effective alternative technologies that will achieve greater protection of water quality. The Commission shall prepare a quarterly summary and analysis of the G.S. 143-215.1 Page 9 information provided by applicants pursuant to this subsection. The Commission shall submit the summary and analysis required by this subsection to the Environmental Review Commission (ERC) as a part of each quarterly report that the Commission is required to make to the ERC under G.S. 143B-282(b), (1951, c. 606; 1955, c. 1131, s. 1; 1959, G. 779, s. 8; 1967, c. 892, s. 1; 1971, c. 1167, s. 6; 1973, c. 476, s. 128; c. 821, s. 5; c. 1262, s. 23; 1975, C. 19, s. 51; c. 583, ss. 2-4; c. 655, ss. 1, 2; 1977, c. 771; s. 4; 1979, c. 633, s. 5; 1985, c. 446, s. 1; c. 697, s. 2; 1985 (Reg. Sess., 1986), c. 1023, ss. 1-5; 1987, c. 461, s. 1; c. 734, s. 1; c: 827, ss. 154, 159; 1989, c. 51, s. 2; c. 168, s. 29; c. 453, ss. 1, 2; c. 494, s. 1; c. 727, ss. 160, 161; 1089 (Reg. Sess., 1990), c. 1004, s. 17; c. 1024, s. 33; c. 1037, s. 1; 1991, G. 156, s. 1; c. 498, s. 1; 1991 (Reg. Sess., 1992), c. 944, s. 12; 1995 (Reg. Sess., 1996), c. 626, s. 2; 1997-458, ss. 6.1, 9.1, 11.2; 1997-496, s. 3; 1998-212, s: 14.9H(b), (d); 1999=329, s. 10.1; 2004-195, s. 1.5; 2006-250, s. 5; 2007-182, s. 2.) G.S. 143-215.1 Page 10 Barber, Jim Ffdm: Puckett, Keith 8ent:'— TUesday, June 15, 201011::461 Oe7j �AM To: Barber, Jim Subject: RE: Rules Hi Jim I do not hzNecopiesW th6,00rt6ii5.Please tbrita"et§i9-783-2a2.-'I'fdr,cbpi-e'-s'o f o peratio ns p _ er ' m " its. Thanks q P CAI&0 _aN�? Keith From Barber, Jim Sent: Mond'ayj June 14, 2010 4:82 PM To: Smith, Carlton; Puckett,, Keith Subject: RE: Rules Carlton; Thanks. Keith; Can you help with this issue. Can I get a copy Of a facility.permit (preforably.theMaxton Olanfoir L . urnber Bridge plant) for the file. as DWQ proceeds With the. NOV's for both sites. -thanks Jim Barber Frdhl: Smith, Carlton Sent: Morfd6y, June 14, 2'0'10 424 Pm. To: Barber, Jim - Subject: RE:'Rules Unfbetuinately, Vard no-t'tWe-be8t source to tell that.:My Working With discharge/disthaege permits: is VERY limited due to. nature of systems I workwith.'(pumps held together With spit, duct tapeand bailing wire, on the other harid). That, may h6gidjo go through Keith. From: Barber, Jim Senti. Monday, June 14, 2010 4:22 PM To: Smith, Carlton Subject: Rules Carlton; Thanks for the -reference. Do the permits f6t sit*esjust-'refee t6-the .b404 rules ordo-tho ihdiViddal.0e-rrn'its.hav6 conditions isc arg, stating various e6qUireen-ehts? There arethreiE�--OtherfacilitiO's that the Surface Water Sectib'n'"has' p'-e ftits'o-h for -di'' discharge of Water frdt'n lagoons to Surface waters for a total of five water plants With NpbEs -pernrlitt; Jim 1 NCB NR ,North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Coleen H. Sullins Governor Director September 15, 2009 Mr. Myron Neville Water Treatment Plant Superintendent Robeson County Water Department 265 McGirt Road Maxton, North Carolina 28364 Dee Freeman Secretary ' -. Subject Issuance NPDES` errniL C0083685 Lumber Bcielge WTPL ^Robeson County3' Dear Mr. Neville: Division personnel have reviewed and approved your application for renewal of the subject permit. Accordingly, we are forwarding the attached NPDES discharge permit. This permit is issued pursuant to the requirements of North Carolina General Statute 143-215.1 and the Memorandum of Agreement between North Carolina and the U.S. Environmental Protection Agency dated October. 15,2007 (or as subsequently amended). The draft permit -sent to you on August 19, 2009 included a limit for Iron_; however, that limit was included in error and it has been removed. Changes from the previously issued permit include the following: • Limits and monitoring have been removed from the permit for Settleable Solids, and Turbidity. • Monitoring has been added to the permit for Manganese, Fluoride, and pH in accordance with the Division's permitting strategy for potable water treatment plants. • The monitoring frequency has been changed from weekly to twice per month for Total Residual Chlorine and to monthly for Iron in accordance with the Division's permitting strategy for potable water treatment plants. • A monthly average limit has been added to the permit for Flow. If any parts, measurement frequencies or sampling requirements contained in this permit are unacceptable to you, you have the right to an adjudicatory, hearing upon written request within thirty (30) days following receipt of this letter. This request must be in the form of a written petition, conforming to Chapter 150B of the North Carolina General Statutes, and filed with the Office of Administrative Hearings (6714 Mail Service Center, Raleigh, North Carolina 27699-6714). Unless such demand is made, this decision shall be final and binding. Please note that this permit is not'transferable except after notice to the Division. The Division may require modification or revocation and reissuance of the permit. This permit does not affect the legal requirements to obtain other permits which may be required by the Division of Water Quality or permits required by the Division of Land Resources, the Coastal Area Management Act or any other Federal or Local governmental permit that may be required. If you have any questions concerning this permit, please contact Karen Rust_ at telephone number (919) 807-6400. Sincerely, .� Coleen H. Sullins cc: Central Files Fayetteville Regional Office/Surface Water Protection Section NPDES Files 1617 Mail Service Center, Raleigh, North Carolina 27699-1617 One Location: 512 N. Salisbury St. Raleigh, North Carolina 27604 . North Carolina Phone: 919-807-6300 \ Fax: 919.807-64951 Customer Service: 1.877-623.6748 �uf/N���� Internet: www.ncwaterquality.org Na An Equal Opportunity1 Affirmative Action Employer Permit NCO085685 STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES DIVISION OF WATER QUALITY PERMIT TO DISCHARGE WASTEWATER UNDER THE NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM In compliance with the 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, the Robeson County.Water Department is hereby authorized to discharge wastewater from a facility located at the Lumber Bridge WTP 18320 NC Highway 71 North Lumber Bridge Robeson County to receiving waters designated as an unnamed tributary (drainage ditch) to Big Marsh Swamp in the Lumber River Basin in accordance with effluent limitations, monitoring requirements, and other conditions set forth in Parts I, II, III and IV hereof. This permit shall become effective October 1, 2009. This permit and authorization to discharge shall expire at midnight on July 31, 2014. Signed this day September 15, 2009. �,�'• Coleen H. Sullins, Dfrector Division of Water Quality By Authority of the Environmental Management Commission e Permit NC0085685 • SUPPLEMENT TO PERMIT COVER SHEET All previous NPDES Permits issued to this facility, whether for. operation or discharge are hereby revoked. As of this permit issuance, any previously issued permit bearing this number is no.longer effective. Therefore, the exclusive authority to operate and discharge from this facility arises under the permit conditions, requirements, terms, and provisions included herein. The Robeson County Water Department is hereby authorized to: 1. Continue to discharge filter backwash water from a settling lagoon at the Lumber Bridge WTP. This facility is located off NC Highway 71 North near Lumber Bridge in Robeson County. 2. Discharge from said treatment works at the location pecified on the attached map into an unnamed tributary (drainage ditch) to Big Marsh Swamp, currently classified C-Swamp waters in the Lumber River Basin. ' Permit NCO085685 A. (1.) .EFFLUENT LINIITATIONS AND MONITORING REQUIREMENTS During the period beginning on the effective date of this permit and lasting until expiration, the Permittee is authorized to discharge from outfall 001. Such discharges shall be limited and monitored by the Permittee as specified below: PARAMETER} 1,� LIMITS M0NIT0RING REQUIREMENTS 4' N (Parameter Codes) Monthly `, Weekly Dailyn �� Measurement Sample Type Sample Locatwn Average , :Maximum ' ? ' Frequency ..Average,,, .. , , •; Flow 0.1 MGD Weekly Estimate Influent or Effluent 50050 Total Suspended Solids 30.0 mg/L 45.0 mg/L 2/Month Grab Effluent 00530 pH Not less than 6.0 S. U. nor greater than 2/Month Grab Effluent 00400 9.0 S. U. Total Residual Chlorine' 17pg/L 2/Month Grab Effluent 50060 Manganese2 Quarterly Grab Effluent 01055 Iron2 Monthly Grab Effluent 01045 Fluoride2 Monthly Grab Effluent 00951 Footnotes: 1. Total Residual Chlorine monitoring is required only if chlorine or chlorine derivative is added during the treatment process. The Division shall consider all effluent TRC values reported below 50 ug/1 to be in compliance with the permit. However, the Permittee shall continue to record and submit all values reported by a North Carolina certified laboratory (including field certified), even if these values fall below 50 ug/l. 2. After submitting 12 months of data and a minimum of 12 data points, the Permittee may request the Division reevaluate the monitoring requirements. All ,samples must be collected from a typical discharge event. There shall be no discharge of floating solids or visible foam in other than trace amounts. Permit NCO085685 u„ xn- 1/;' R �Ux 915 Outfall 001. r h A 1752 6 IT. .......... . . . . . . . . . . A -N, A T-t -9 4AIF T'N, I A VI, 'M pw - g" g' a 'p\ gAl N A V • f,• hi /• I�'- .� (\II5\•.rMime x A CP 3—J �49 4 DOE V. �MR K . . . . . . ........... ,'�. . . . . . . . . . . . . . . . . . . . . . . Latitude: 34051'50" Facility Longitude: 79006'20" NCO0856.85 . - wt Quad # H22SE Location Stream Class: C-Swamp Subbasin: 30753 Robeson County Receiving Stream: LIT to Big Marsh Lumber Bridge WTP Swamp North SCALE 1:24000 NPDES Permit Standard Conditions Page 1 of 18 PART II STANDARD CONDITIONS FOR NPDES PERMITS SectionA. Defnutions 2/Month Samples are collected twice per month with at least ten calendar days between sampling events. These samples shall be representative of the wastewater discharged during the sample period. /Week Samples are collected three times per week on three separate calendar days. These samples shall be representative of the wastewater discharged during the sample period Act or "the Act" The Federal Water Pollution Control Act, also known as the Clean Water Act (CWA), as amended, 33 USC 1251, et. Seq Annual Average The arithmetic mean of all "daily discharges" of a pollutant measured during the calendar year. In the case of fecal coliform, the geometric mean of such discharges. Arithmetic Mean The summation of the individual values divided by the number of individual values. Bypass 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. Calendar Dav 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 maybe used for sampling. Calendar Week The period from Sunday through the following Saturday. Calendar Quarter One of, the following distinct periods: January through March, April through June, July through September, and October through December. Composite Sample A sample collected over a 24-hour period by continuous sampling or combining grab samples of at least 100 ml in such a manner as to result in a total sample representative of the wastewater discharge during the sample period The Director may designate the most appropriate method (specific number and size of aliquots necessary, the time interval between grab samples, etc.) on a case -by -case basis. Samples may be collected manually'or automatically. Composite samples may be obtained by the following methods: (1) Continuous: a single, continuous sample collected over a 24-hour period proportional to the rate of flow. (2) Constant time/variable volume: a series of grab samples collected at equal time intervals over a 24 hour period of discharge and combined proportional to the rate of flow measured at the time of individual sample collection, or (3) Variable time/constant volume: a series of grab samples of equal volume collected over a 24 hour period with the time intervals between samples determined by a preset number of gallons passing the sampling point. Flow measurement between sample intervals shall be determined by use of a flow recorder and Version 512009 NPDES Permit. Standard Conditions' Page 2 of 18 totalizer, and the preset gallon interval between sample collection fixed at no greater than 1/ 24 of the expected total daily flow at the treatment system, or (4) Constant time/ volume: a series of grab samples of equal volume collected over a 24-hour period at a constant time interval. Use of this method requires prior approval by the Director. This method may only be used in situations where effluent flow rates vary less than 15 percent. The following restrictions also apply. ➢ Influent and effluent grab samples shall be of equal size and of no less than 100 milliliters ➢ Influent samples shall not be collected more than once per hour. ➢ Permittees with wastewater treatment systems whose detention time < 24 hours shall collect effluent grab samples at intervals of no greater than 20 minutes apart during any 24-hour period. ➢ Permittees with wastewater treatment systems whose detention time exceeds 24 hours shall collect effluent grab samples at least every six hours; there must be a minimum of four samples during a 24-hour sampling -period. Continuous flow measurement Flow monitoring that occurs 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. Daily Discharge . The discharge of a pollutant measured during a calendar day or any 24-hour period that reasonably represents the calendar day for purposes of sampling. For pollutants measured in units of mass, the "daily discharge" is calculated as the total mass of the pollutant discharged over the day. The "daily discharge" concentration comprises the mean concentration for a 24-hour sampling period as either a composite sample concentration or the arithmetic mean of all grab samples collected during that period. (40 CFR 122.2) D&Maximu m The highest "daily discharge" during the calendar month. D aily Sampling Parameters requiring daily sampling shall be sampled 5 out of every 7 days per week unless otherwise specified in the permit. Sampling shall be conducted on weekdays except where holidays or other disruptions of normal operations prevent weekday sampling. 'If sampling is required for all seven days of the week for any permit parameter(s), that requirement will be so noted on the Effluent Limitations and Monitoring Page(s). DM or "the Division" The Division of Water Quality, Department of Environment and Natural Resources. EMC The North Carolina Environmental Management Commission. EPA The United States Environmental Protection Agency Facility Closure Cessation of all activities that require coverage under this NPDE S permit. Completion of facility closure will allow this permit to be rescinded. Geometric Mean The Nth root of the product of the individual values where N = the number of individual values. For purposes of calculating the geometric mean, values of "0" (or "< [detection level]") shall be considered = 1. Version 512009 J� NPDES Permit Standard Conditions Page 3 of 18 Grab Sample Individual samples of at least 100 ml collected over a period of time not exceeding 15 •minutes. Grab 'samples can be collected manually. Grab samples must be representative of the discharge (or the receiving stream, for instream samples). Hazardous Substance Any substance designated under 40 CFR Part 116 pursuant to Section 311 of the CWA. Instantaneous flowmeasurement A measure of flow taken at the time of sampling, when both the sample and flow will be representative of the total discharge. , MonthlyAverage (concentration limit) The arithmetic mean of all "daily discharges" of a pollutant measured during the calendar month. In the case of fecal coliform, the geometric mean of such discharges. Permit Issuing Authority The Director of the Division of Water Quality. QuarterlyAverage (concentration limit) The average of all samples taken over a calendar quarter. Severe property damaage Substantial physical damage to property, .damage to the treatment facilities which causes them to become inoperable, or substantial and permanent loss of natural resources which can 'reasonably be expected to occur in the absence of a bypass. Severe property damage excludes economic loss caused by delays in production. Toxic Pollutant: Any pollutant listed as toxic under Section 307(a)(1) of the CWA. Upset An incident beyond the reasonable control of the Permittee causing unintentional and temporarynoncompliance with permit effluent limitations and/or monitoring requirements. An upset does not include noncompliance caused by operational error, improperly designed treatment facilities, inadequate treatment facilities, lack of preventive maintenance, or careless or improper operation. Weekly Average (concentration limit) The arithmetic mean of all "daily discharges" of a pollutant measured during the calendar week In the case of fecal coliform, the geometric mean of such discharges. Section B. Genend Conditions Duty to Comply The Permittee must comply with allconditions of this permit. Any permit noncompliance constitutes a violation of the CWA and is grounds for enforcement action; for permit termination, revocation and reissuance, or modification; or denial of a permit renewal. application [40 CFR 122.411. a. The Permittee shall comply with effluent standards or prohibitions established under section 307(a) of the CWA for toxic pollutants and with standards for sewage sludge use or disposal established under section 405(d) of the CWA within the time provided in the regulations that establish these standards or prohibitions or standards for sewage sludge use or disposal, even if the permit has not yet been modified to incorporate the requirement. Version.512009 NPDES Permit Standard Conditions Page /i of 18 b. The CWA provides that any person who violates section[s] 301, 302, 306, 307, 308, 318 or 405 of the Act, or any permit condition or limitation implementing any such sections in a permit issued under section 402, or any requirement imposed in a pretreatment program approved under sections 402 (a) (3) or 402 (b) (8) of the Act, is subject to a civil penalty not to exceed $37,500 per day for each violation. 133 USC 1319 (d) and 40 CFR 122.41 (a) (2)] c. The CWA provides that any person who n#i11yviolates sections 301, 302, 306, 307, 308, 318, or 405 of the Act, or any condition or limitation implementing any of such sections in a permit issued under section 402 of the Act, or any requirement imposed in a pretreatment program approved Luider section 402(a)(3) or 402(b)(8) of the Act, is subject to criminal penalties of $2,500 to $25,000 per day of violation, or imprisonment of not more than 1 year, or both. In the case of a second or subsequent conviction for a negligent violation, a person shall be subject to criminal penalties of not more than $50,000 per day of violation, or by imprisonment of not more than 2 years, or both. 133 USC 1319 (c) (1) and 40 CFR 122.41 (a) (2)] d. Any person who kmdrdy violates such sections, or such conditions or limitations 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. In the case of a second or subsequent conviction for a knowing violation, a person shall be subject to criminal penalties of not more than $100,000 per day of violation, or imprisonment of not more than 6 years, or both. 133 USC 1319 (c) (2) and 40 CFR 122.41 (a) (2)] e. Any person who knowingly violates section_ 301, 302; 303, 306, 307, 308,318 or 405 of the Act, or any permit condition or limitation implementing any of such sections in a permit issued under section 402 of the Act, and who knows at that time that he thereby places another person in imminent danger of death or serious bodily injury, shall, upon conviction, be subject to a fine of not more than $250,000 or imprisonment of not more than 15 years, or both. In the case of a second or subsequent conviction for a knowing endangerment violation, a person shall be subject to a fine of not more than $500,000 or by imprisonment of not more than 30 years, or both. An organization, as defined in section 309(c)(3XBXiii) of the CWA, shall, upon conviction of violating the imminent danger provision, be subject to a fine of not more than $1,000,000 and can be fined up to $2,000,000 for second or subsequent convictions. [40 CFR 122.41 (a) (2)] Under state law, a civil penalty of not more than $25,000 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. [North. Carolina General Statutes 5 143-215.6A] g. Any person may be assessed an administrative penalty by the Administrator for violating section 301,- 302, 306, 307, 308, 318 or 405 of this Act, or any permit condition or limitation implementing any of such sections in a permit issued under section 402 of this Act. Administrative penalties for Class I violations are not to exceed $16,000 per violation, with the maximLun amount of any Class I penalty assessed not to exceed $37,500. Penalties for Class II violations are not to exceed. $16,000 per day for each day during which the violation continues, with the maximum amount of any Class II penalty not to exceed $177,500. [33 USC 1219 Q) (2) and 40 CFR 122.41 (a) (3)] 2. Duty to Mitigate The Permittee shall take all reasonable steps to minimize or prevent any discharge or sludge use or disposal in violation of this permit with a reasonable likelihood of adversely affecting human health or the environment [40 CFR 122.41 (d)]. 3. Civil and Criminal Liability , Except as provided in permit conditions -on "Bypassing" (Part II. C. 4), "Upsets" (Part II. C. 5) 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 Version 512009 NPDE S Permit Standard Conditions Page 5 of 18 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 thispermit 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 mayy 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. PropegyRi hts 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 ofpersonal rights, nor any infringement of Federal, State or local laws or regulations [40 CFR 122.41 (g)]. 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. 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 [NCGS 150B-231. - 8. Duty to Provide Information The Permittee shall furnish to the Permit Issuing Authority, within a reasonable time, any information,which the Permit Issuing Authority may request to determine whether cause exists for modifying, revoking and reissuing, or - terminating this permit or to determine compliance with this permit. The Permittee shall also furnish to the Permit Issuing Authorityupon request, copies of records required by.this permit [40 CFR 122.41(h)]. 9. Duty to Reapply If the Permittee wishes to continue an activity regulated by this permit after the expiration date of this permit, the Permittee must apply for. and obtain a new permit [40 CFR 122.41 (b)] . 10. Exoiration 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. SignatoryRequirements All applications, reports, or information submitted to the Permit Issuing Authority shall be'signed and certified [40 CFR 122.41 (M. 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, provided, the manager -is authorized to make management decisions which govern the operation of the regulated facility including having the explicit or implicit duty of making major capital investment recommendations,. and initiating and directing other comprehensive measures to assure long Version 512009 NPDES Permit. Standard Conditions' page 6 of 18 term environmental compliance with environmental laws and regulations; the manager can ensure that the necessary systems are established or actions taken to gather complete and accurate information for permit application requirements; and where authority to sign documents has been assigned or delegated to the manager in accordance with corporate procedures . (2) For a partnership or sole proprietorship: by a general partner or the proprietor, respectively, or (3) For a municipality, State, Federal, or other public agency: by either a principal executive officer or ranking elected official [40 CFR 122.221. b. All reports required by the permit and other information requested by the Permit Issuing Authority shall be signed by a person described in paragraph a. 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 individukal 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 [40 CFR 122.221 c. Changes to authorization: If an authorization Linder paragraph (b) of this section is no longer accurate because a different individual or position has responsibility for the overall operation of the facility, a new authorization satisfying the requirements of paragraph (b) of this section must be submitted to the Director prior to or together with any reports, information, or applications to be signed by an authorized representative [40 CFR 122.221 d. Certification. Any person signing a document Linder paragraphs a. or b. of this section shall make the following certification [40 CFR 122.221. NO OTHER STATEMENTS OF CERTIFICATION WILL BE ACCEPTED: "1 certify, under penalty of law, that this document and all attachments were prepared under my direction or supervision in accordance with a system designed to assure that qualified personnel properly gather and evaluate the information submitted. Based on my inquiry of the person or persons who manage the system, or those persons directly responsible for gathering the information, the information submitted is, to the best of my knowledge and belief, true, accurate, and complete. I am aware that there are significant penalties for submitting false information, including the possibility of fines and imprisonment for knowing violations." 12. Permit Actions This permit may be modified, revoked and reissued, or terminated for cause. The filing of a request by the Permittee for a permit modification, revocation and reissuance, or termination, or a notification of planned changes or anticipated noncompliance does not stay any permit condition [40 CFR 122.41 01. 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. Annual Administering and Compliance Monitoring Fee Requirements The Permittee must pay the annual administering and compliance monitoring fee within 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) (2) may cause this Division to initiate action to revoke the permit. Version 512009 NPDES Permit Standard Conditions Pagc 7 of 18 Section C. O aeration and. Maintenance of Pollution Controls _Certified Operator Upon classification of the permitted facility by the Certification Commission, the Permittee shall employ a certified water pollution control treatment system operator in responsible charge (ORC) of the water pollution control treatment system. Such operator must hold a certification of the grade equivalent to or greater than the classification assigned to the water pollution control treatment system by the Certification Commission. The Permittee must also employ one or more certified Back-up ORCs who possess a currently valid certificate of the type of the system Backup ORCs must possess a grade equal to (or no more than one grade less than) the grade of the system [15A NCAC 8G.02011. The ORC of each Class I facilitymust: ➢ Visit the facility as often as is necessary to insure proper operation of the treatment system; the treatment facility must be visited at least weekly ➢ Complywith all other conditions of 15A NCAC 8G.0204. The ORC of each Class II, III and IV facilitymust: ➢ Visit the facility as often as is necessary to insure proper operation of the treatment system; the treatment facility must be visited at least five days per week, excluding holidays. ➢ Properly manage and document daily operation and maintenance of the facility ➢ Complywith all other conditions of 15A NCAC 8G.0204. Once the facility is classified, the Permittee shall submit a letter to the Certification Commission designating the operator in responsible charge: a. Within 60 calendar days prior to wastewater being introduced into a new system b. Within 120 calendar days of: ➢ Receiving notification of a change in the classification of the system requiring the designation of a new ORC and back-up ORC ➢ A vacancy in the position of ORC or backup ORC. Proper Operation and Maintenance The Permittee shall at all -times provide the operation and maintenance resources necessary to operate the existing facilities at optimum efficiency. 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 Permittee to install and operate backup or auxiliary facilities only when necessary to achieve compliance with the conditions of the permit [40 CFR 122.41(e)]. NOTE: Properly and officially designated operators are fully responsible for all proper- operation and maintenance of the facility, and all documentation required thereof, whether acting as a contract operator [subcontractor] or a member of the Permittee's staff. 3. Need to Halt or Reduce not a Defense It shall not be a defense for a 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 [40 CFR 122.41 (c)]. 4. Bypassing of Treatment Facilities a. Bypass not exceeding limitations [40 CFR 122.41 (m) (2)1. Version 512009 NPDES Permit.Standard Conditions' -� page 8 of 18 The Permittee may allow any bypass to occur which does not cause effluent limitations to be exceeded, but only if it also is for essential maintenance to assure efficient operation; These bypasses are not subject to the provisions of Paragraphs b. and c. of this section. b. Notice [40 CFR 122.41 (m) (3)] (1) Anticipated bypass. If the Permittee knows in advance 'of the need for a bypass, it shall submit prior notice; if possible at least ten days before the date of the bypass; including an evaluation of the anticipated quality and effect of the bypass. (2). Unanticipated. bypass. The Permittee shall submit notice of an unanticipated bypass as required in Part II. E . 6., (24-hour notice). c. Prohibition of Bypass (1) Bypass- from the treatment facility is prohibited and the Permit Issuing 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 damgge (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 b. of this section. (2) Bypass from the collection system is prohibited and the Permit Issuing Authority may take enforcement action against a Permittee for a bypass as provided in any current or future system -wide collection system permit associated with the treatment facility. (3) The Permit Issuing Authority may approve an anticipated bypass, after considering its adverse effects, if the Permit Issuing Authority determines that it will meet the three conditions listed above in Paragraph c. 0) of this section. 5. Upsets a. Effect of anupset [40 CFR 122.41(n) (2)1: An upset constitutes an affirmative defense to an action brought for noncompliance with such technology based permit effluent limitations if the requirements of paragraph b. of this .condition are met. No determination made during administrative review of claims that noncompliance was.caused by upset, and before an action for noncompliance, is final administrative action subject to judicial review b. Conditions necessary for a demonstration of upset: Any Permittee who wishes to establish the. affirmative defense of upset shall demonstrate, through properly signed, contemporaneous operating logs, or other relevant evidence that: . (1) An upset occurred and that the P ermittee 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) of this permit. (4) The Permittee complied with any remedial measures req&ed under Part II. B. 2. of this permit. c. Burden of proof [40 CFR 122.41(n) (4)1: The Permittee seeking to'establish the occurrence of an upset has the burden of proof in any enforcement proceeding. 6. Removed Substances Solids, sludges, filter backwash, or other pollutants reri owed in the course of treatment or control of wastewaters shall be utilized/ disposed of in accordance with N CGS 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 maybe Version 512009 NPDES Permit Standard Conditions Page 9 of 18 reopened and modified, or revoked. and reissued, to incorporate applicable requirements at 40 CFR 503. The Permittee shall comply with applicable 40 CFR 503 Standards for the Use and Disposal of Sewage Sludge (when promulgated) within the time provided in the regulation, even if the permit is not modified to incorporate the requirement. The Permittee shall notify the Permit Issuing Authority of any significant change in its sludge use or disposal practices. 7. Power Failures The Permittee is responsible for maintaining adequate safeguards (as required by 15A NCAC 2H.0124) to prevent the discharge of untreated or inadequately treated wastes during electrical power failures either by means of alternate power sources, standby generators or retention of inadequately treated effluent. Section D. MoWtoring and. Recoils 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 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 NO CFR 122.41 (j)]. 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 (iVIR 12 1.1, 2, 3) or alternative forms approved by the Director, postmarked no later than the last calendar day of the month following the completed reporting period. The first DMR is due on the last day of the month following the issuance of the permit or in -the case of a new facility, on the last day of the month following the commencement of discharge. Duplicate signed copies of these, and all other reports required herein, shall be submitted to the following address: NC DE NR / Division of Water Quality/ Water Quality Section ATTENTION: Central Files 1617 Mail Service Center Raleigh, North Carolina 27699-1617 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 is 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. Flow measurement devices shall be accurately calibrated at a minimum of once per year and maintained to ensure that the accuracy of the measurements is consistent with the accepted capability of that type of device. The Director shall approve the flow measurement device and monitoring location prior to installation. Once -through condenser cooling water flow monitored by pump logs, or pump hour meters as specified in Part I of this permit and based on the manufacturer's pump curves shall not be subject to this requirement. 4. Test Procedures Laboratories used for sample analysis must be certified by the Division. Permittees should contact the Division's Laboratory Certification Section (919 733-3908 or http://h2o.enr.state.nc.1-is/lab/cert.htm) for information regarding laboratory certifications. Version 512009 NPDES Permit Standard Conditions Page 10 of 18 Personnel conducting testing of field certified parameters must hold the appropriate field parameter certifications. Test procedures for the analysis of pollutants shall conform to the EMC regulations (published pursuant to NCGS 143-215.63 et. seq.), the Water and Air Quality Reporting Acts, and to regulations published pursuant to Section 304(g), 33 USC 1314, of the CWA (as amended), and 40 CFR 136; or in the case of sludge use or disposal, approved Linder 40 CFR 136, unless otherwise specified in 40 CFR 503, unless other test procedures have been specified in this permit [40 CFR 122.411. To meet the intent of the monitoring required by this permit, all test procedures must produce minimum detection and. reporting levels that are below the permit discharge requirements and all data generated must be reported down to the minimum detection or lower reporting level of the procedure. If no approved methods are determined capable of achieving minimum detection and reporting levels below permit discharge requirements, then the most sensitive (method with the lowest possible detection and reporting level) approved method must be used. 5. Penalties for Tampering The CWA 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 [40 CFR 122.411. Jse and disposal activities wliicl shall=ire retained -fora 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 ➢ all original strip chart recordings for continuous monitoring instrumentation ➢ copies of all reports required by this permit ➢ copies of all data used to complete the application for this permit These records or copies shall be maintained for a period of at least 3 yearsfrom the date of the sample, measurement, report or application. This period may be extended by request of the Director at any time [40 CFR 122.411. 7. Recording Results For each measurement or sample taken pursuant to the requirements, of this permit, the Permittee shall record the following information [40 CFR 122.411: 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 E ntry 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 bylaw, to; a. Enter, upon the Permitted's premises where a regulated facility or activity is located or conducted, or where records must be kept Linder the conditions of this permit; Version 512009 NPDE_ S Permit Standard Conditions Page 11 of 18 b. Have access to and copy, at reasonable times, any records that must be' kept under the conditions of this hermit: c. Inspect at reasonable times any facilities, equipment (including monitoring and'control equipment), practices, or operations regulated or required Linder this permit; and d. Sample or monitor .at reasonable times, for the purposes of assuring permit compliance or as otherwise authorized by the CWA, any substances or parameters at any location [40 CFR 122.41 Wl . Section 1E Repgt ft Reguir enwits I. Change in Discharge All discharges authorized herein shall be consistent with the terms andconditions 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 additions to the permitted facility [40 CFR 122.41 GA. soon as possible of any . planned physical alterations or Notice is required only when: a. The alteration or addition to a permitted facility may meet one of the criteria for new sources at 40 CFR 122.29 (b); or, b. The alteration or addition could significantly change the nature or increase the quantity of pollutants discharged. This notification applies to pollutants subject neither to effluent limitations in the permit, nor to notification requirements tinder 40 CFR 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 alteration, addition or change may justify the application of permit conditions that are different from or absent in the existing permit, including notification of additional use or disposal sites not reported during the permit application process or not reported pursuant to an approved land application plan. 3. Anticipated Noncompliance The Permittee shall give advance notice to the Director of any planned changes to, the,permitted facility or other activities that might result in noncompliance with the permit [40 CFR 122.41 (1) (2)].' 4. Transfers This permit is not transferable to any person without approval from the Director. The Director may require . modification or revocation and reissuance of the permit to document the change of ownership. Any such action may incorporate other requirements as maybe necessary under the CWA [40 CFR 122.41 (1) (3)]. 5. Monitoring Reports Monitoring results shall be reported at the intervals specified elsewhere in this permit [40 CFR 122.41 (1) (4)]. a. Monitoring results must be reported on a Discharge Monitoring Report (DMR) (See Part II. D. 2) 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 this permit, the results of such monitoring shall be included in the calculation and reporting of the data submitted on the DMR. 6. Twenty four Hour Reporting. a. The Permittee shall report to the Director or the appropriate Regional Office any noncompliance that potentially threatens public health or the environment. Any information shall be provided orally within 24 hours from the time the 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 [40 CFR 122.410) (6)]. Version 512009 NPDES Permit Standard Conditions Page 12 of 18 b. The Director may waive the written report on a case -by -case basis for reports under this section if the oral report has been received within 24 hours. c. Occurrences outside normal business hours may also be reported to the Division's Emergency Response personnel at (800) 662-7956, (800) 858-0368 or (919) 733-3300. 7. Other Noncompliance The Permittee shall report all instances of noncompliance not reported under Part II. E . 5 and 6. of this permit at the time monitoring reports are submitted. The reports shall contain the information listed. in Part II. E. 6. of this permit [40 CFR 122.41 (1) (7)]. 8. Other Information Where the Permittee becomes aware that it failed to submit any relevant facts in a permit application, or subnutted incorrect mformation in a pernut application or in any report to the Director, it shall promptly subnut such facts or information [40 CFR 122.41 a) (8)]. . 9. N oncompliance 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 pi -imps, aerators, compressors, etc. c. Any failure of a pumping station, sewer line, or treatment facility resulting in a by-pass without treatment of all or any portion of the influent to such station or facility. Persons reporting such occurrences by telephone shall also file a written report 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 (aX2) 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. 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(bX2) or in Section 309 of the Federal Act. 11. Penalties for Falsification of Reports The CWA 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 puilished by a fine of not more than $25,000 per violation, or by imprisonment for not more than two years per violation, or by both [40 CFR 122.411. 12. Annual Performance Reports Permittees who own or operate facilities that collect or treat municipal or domestic waste shall provide an annual report to the Permit Issuing Authority and to the users/customers served by the Permittee (NCGS 143-215.1C). The report shall summarize the performance of the collection or treatment system, as well as the extent to which the facility was compliant with applicable Federal or State laws, regulations and rules pertaining to water quality. Version 512009 NPDE S Permit Standard Conditions Page 13 of 18 The report shall be provided no later than sixty days after the end of the calendar or fiscal year, depending upon which annual period is used for evaluation. The report shall be sent to: NC DENR / DWQ / Central Files 1617 Mail Service Center Raleigh, NC 27699-1617 PART III OTHER REQUIREMENTS SectionA. Construction The Pernuttee shall not coniraence constriction of wastewater treatment facilities, nor add to the plant's treatment capacity, nor change the treatment process(es) utilized at the treatment plant unless the Division has issued an Authorization to Construct (AtC) permit. Issuance of an AtC will not occur until Final Plans and Specifications for the proposed construction have -been submitted by the Permittee and approved by the Division. Section& GroutxlwaterMoiri* - The Permittee shall, upon written notice from the Director, conduct groundwater monitoring as maybe required to determine the compliance of this NPDE S permitted facilitywith the current groundwater standards. SectionC. ChaMes inDischa-Qes of'ii'ogdc Substances The Permittee shall notify the Permit Issuing Authority as soon as it knows or has reason to believe (40 CFR-122.42): a. That any activity has occurred or will occur which would result in the discharge, on a routine or frequent basis, of any toxic pollutant which is not limited in the permit, if that discharge will exceed the highest of the.. following "notification levels"; 1) One hundred micrograms per liter (100 ug/L); (2) Two hundred micrograms per liter (200 pg/L) for acrolem and acrylonitrile; five hundred micrograms i per liter (500 ug/L) for 2.4-dinitrophenol and for 2-methyl-4.6-dinitrophenol; and one milligram per liter (1 mg/L) for antimony, (3) Five times the maximum concentration value reported for that pollutant in the permit applicatiori. 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"; 0) Five hundred micrograms per liter (500 pg/ L); (2) One milligram per liter 0 mg/L) for antimony, (3) Ten times the maximum concentration value reported for that pollutant in the permit application. Section D. E vahiation of Wastewater D sch=e Alternatives The Permittee shall evaluate all wastewater disposal alternatives and pursue the most environmentallysound -alternative of the reasonably cost effective alternatives. If the facility is in substantial non compliance with the terms and conditions of the NPDE S 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 60 days of notification by the Division. SectionE. FacilityClosuire-Re auia�aai iris: The Permittee must notify the -Division at least 90 days prior to the closure of any wastewater treatment system m covered by this permit. The Division may require specific measures during deactivation of the system to prevent adverse impacts to waters of the State. This permit cannot be rescinded while any activities requiring this permit continue at the permitted facility. Version 512009 NPDES Permit Standard Conditions' Page 14 of 18 SARI' IV SPECIAL. CONDITIONS FOR MUNICIPAL FACILITIES SmdonA. Def"tions In addition to the definitions in Part II of this permit, the following definitions apply to municipal facilities: Indirect Discharge or Industrial User Any non -domestic source that discharges wastewater containing pollutants into a POTW regulated under section 307(b), (e) or (d) of the CWA. [40 CFR 403.3 (b) (i) and (j)] Interference Inhibition or disruption of the POTW treatment processes; operations; or its sludge process, use, or disposal which causes or contributes to a violation of any requirement of the POTWs NPDES Permit or prevents sewage sludge use or disposal in compliance with specified applicable State and Federal statutes, regulations, or permits. [15A NCAC 2H.0903 (b) (13)] Pass Through A discharge which exits the POTW into waters of the State in quantities or concentrations which, alone or with discharges from other sources, causes a violation, including an increase in the magnitude or duration of a violation, of the POTWs NPDES permit, or of an instream water quality standard. [15A NCAC 2H.0903 (b) (23)] Publicly Owned Treatment Works. (POTW) A treatment works as defined. by Section 212 of the CWA, owned by a State or local government entity. This definition includes any devices and systems used in the storage, treatment, recycling and reclamation of municipal sewage or industrial wastes 'of a liquid nature. It also includes sewers, pipes, and other conveyances only if they convey wastewater to, a POTW. The term also means the local government entity, or municipality, as defined in section 502(4) of the CWA, which has jurisdiction over indirect discharges to and the discharges from such a treatment works. [15A NCAC 2H.0903 (b) (27)] "Significant Industrial User" or "SIU" An industrial user that discharges wastewater into a publicly owned treatment works and that [15A NCAC 2H.0903 (b) (34)]: (a) discharges an average of 25,000 gallons or more per day of process wastewater to the POTW (excluding sanitary, noncontact cooling and boiler blowdown wastewaters) or; (b) contributes more than 5 percent of the design flow of the POTW treatment plant or more than 5 percent of the mwdmurn allowable headworks loading of the POTW treatment plant for any pollutant of concern, or; (c) is required to meet a national categorical pretreatment standard, or; (d) is, regardless of Parts (a), (b), and (c) of this definition, otherwise determined by the POTW, the Division, or the EPA to have a reasonable potential for adversely affecting the POTWs operation or for violating any pretreatment standard or requirement or POTWs receiving stream standard, or to limit the POTWs sludge disposal options. SectionB. PubliclyOwned TneatnieitWorks (POT Wsi All POTWs are required to prevent the introduction of pollutants into the POTW which will interfere with. the operation of the POTW, including interference with its use or disposal of municipal sludge, or pass through the - treatment works or otherwise be incompatible with such treatment works. [40 CFR 403.21 All POTWs must provide adequate notice to the Director of the following [40 CFR 122.42 (b)]: Version 512009 NPDES Permit Standard Conditions Page 15 of 18 1. Any new introduction of pollutants into the POTW from an indirect discharger, including pump and hauled waste, which would be subject to section 301 or 306 of CWA if it were directly discharging those pollutants; and 2. Any substantial change in the volume or character of pollutants being introduced by an indirect discharger as influent to that POTW at the time of issuance of the permit. 3. For purposes of this paragraph, adequate notice shall include information on (1) the quality and quantity of effluent introduced into the POTW, and (2) any anticipated impact that may result from the change of the quantity or quality of effluent to be discharged from the POTW. Section C.. M uariei,M Control of Polhrtants from Industrial Users Effluent limitations are listed in Part I, of this permit. Other pollutants attributable to inputs from industries using the municipal system may be present in the Permittee's discharge. At such time as sufficient information becomes available to establish limitations for such pollutants, this permit may be revised to specify effluent limitations for any or all of such other pollutants in accordance with best practicable technology or water quality standards. 2. Prohibited Discharges a Under no circumstances shall the Permittee allow introduction of pollutants or discharges into the waste treatment system or waste collection system which cause or contribute to Pass Through or Interference as defined in 15A NCAC 2H.0900 and 40 CFR 403. [40 CFR 403.5 (a) (1)] b. Under no circumstances shall the Permittee allow introduction of the following wastes in the waste treatment or waste collection system [40 CFR 403.5 (b)]: 1. Pollutants which create a fire or explosion hazard in the POTW, including, but not limited to, wastestreams with a closed cup flashpoint of less than 140 degrees Fahrenheit or 60 degrees Centigrade using the test methods specified in 40 CFR 261.21; 2. Pollutants which cause corrosive structural damage to the POTW, but in -no case discharges with pH lower than 5.0, unless the works is specifically designed to accommodate such discharges; 3. Solid or viscous pollutants in amounts which cause obstruction to the flow in the POTW resulting in Interference, 4. Any pollutant, including oxygen demanding pollutants (BOD, etc.) released in a Discharge at a flow rate and/ or pollutant concentration which will cause Interference with the POTW; 5. Heat in amounts which will may=inhibit biological activity in the POTW resulting in Interference, but in no case heat in such quantities that the temperature at the POTW Treatment Plant exceeds 400C (104°F) unless the Division, upon request of the POTW, approves alternate temperature limits; .6.. Petroleum oil, nonbiodegradable cutting oil, or products of mineral oil origin in amounts that will cause interference or pass through; 7. Pollutants which result in the presence of toxic gases, vapors, or fumes within the POTW in a quantity that may cause acute worker health and safety problems; 8. Any trucked or hauled pollutants, except at discharge points designated by the POTW- C. The Permittee shall investigate the source of all discharges into the WWTP, including slug loads and other unusual discharges, which have the potential to adversely impact the permittee's Pretreatment Program and/or the operation of the WWTP. The Permittee'shall report such discharges into the WWTP to the Director or the appropriate Regional Office. Any information shall be provided orallywithin 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 Pere- ttee becomes aware of the circumstances. The written submission shall contain a description'of the discharge, the investigation into possible sources; the .period of the discharge, including exact dates Version 512009 NPDES Permit Standard Conditions ` y Page 16 of 18 and times; and if the discharge has not ceased, the anticipated time it is expected to continue, and steps taken or planned to reduce, eliminate, and prevent reoccurrence of the noncompliance, 3. With regard to the effluent requirements listed in Part I of this permit, it may be necessary for the Permittee to supplement the requirements of the Federal Pretreatment Standards (40 CFR, Part 403) to ensure compliance by the Permittee with all applicable effluent limitations. Such actions by the Permittee maybe necessary regarding some or all of the industries discharging to the municipal system. 4. The Permittee shall require any industrial discharger sending its effluent to the permitted system to meet Federal Pretreatment Standards promulgated in response to Section 307(b) of the Act as amended (which includes categorical standards and locally derived limits and narrative requirements). Prior to accepting wastewater from any significant industrial user, the Permittee shall either develop and submit to the Division a new Pretreatment Program or a modification of an existing Pretreatment Program, for approval as required under section D below as well as 15A N CAC 2H.0907 (a) and (b). [40 CFR 122.44 Q (2)] 5. This permit shall be modified, or alternatively, revoked and reissued, to incorporate or modify an approved. POTW Pretreatment Program or to include a compliance schedule for the development of a POTW Pretreatment Program as required under Section 402 (b) (8) of the CWA and implementing regulations or by the requirements of the approved State pretreatment program, as appropriate. Section D. Pretreatment Pmgruns Under authority of sections 307 (b) and (c) and 402 (b) (8) of the CWA and implementing regulations 40 CFR 403, North Carolina General Statute 143-215.3 (14) and implementing regulations 15A NCAC 2H.0900, and in accordance with the approved pretreatment program, all provisions and regulations contained and referenced in the Pretreatment Program Submittal are an enforceable part of this permit. [40 CFR 122.44 Q (2)] The Permittee shall operate its. approved pretreatment program in accordance with Section 402 (b) (8) of the CWA, 40 CFR 403, 15A NCAC 2H.0900, and the legal authorities, policies, procedures, and financial provisions contained in its pretreatment program submission and Division approved modifications thereof. Such operation shall include but is not limited to the implementation of the following conditions and requirements. Terms not defined in Part II or Part IV of this permit are as defined in.15A NCAC 2H.0903 and 40 CFR 403.3. Sewer Use Ordinance (SUO) The Permittee shall maintain adequate legal authority to implement its approved pretreatment program. [15A NCAC 2H.0905 and .0906; 40 CFR 403.8 (f) (1) and 403.9 (1), (2)] Industrial Waste Survey (IWS) The permittee shall implement an IWS consisting of the survey of users of the POTW, as required by 40 CFR 403.8 (f) (2) (1-iii) and 15A NCAC 21-1.0905 [also 40 CFR 122.44 Q (1)], including identification of all industrial users and the character and amount of pollutants contributed to the POTW by these industrial users and identification of those industrial users meeting the definition of SIU. The Permittee shall submit a suunmary of its IWS activities to the Division at least once every five years, and as required by the Division. The IWS submission shall include a summary of any investigations conducted tinder paragraph B, 2, c, of this Part. Monitoring Plan The Permittee shall implement a Division -approved Monitoring Plan for the collection of facility specific data to be used in a wastewater treatment plant Headworks Analysis (HWA) for the development of specific pretreatment local limits. Effluent data from the Plan shall be reported on the DMRs (as required by Part II, Section D, and Section E .5.)• [15A NCAC 2H.0906 (b) (2) and .0905] 4. Headworks Analysis (HWA) and Local Limits The Permittee shall obtain Division approval of a HWA at least once everyfive years, and as required by the Division. Within 180 days of the effective date of this permit (or any subsequent permit modification) the Permittee shall submit to the Division a written technical evaluation of the need to revise local limits (i.e., an Version 512009 NPDES Permit Standard Conditions Page 17 of 18 updated HWA or documentation of why one is not needed) [40 CFR 122.441. The Permittee shall develop, in accordance with 40 CFR 403.5 (c) and 15A NCAC 2H.0909, specific Local Limits to implement the prohibitions listed. in 40 CFR 403.5 (a) and (b) and 15A NCAC 2H.0909. 5. Industrial User Pretreatment Permits (IUP) & Allocation Tables In accordance with NCGS 143-215.1, the Permittee shall issue to all significant industrial users, permits for operation of pretreatment equipment and discharge to the Permittee's treatment works. These permits shall contain limitations, sampling protocols, reporting requirements, appropriate standard and special conditions, and compliance schedules as necessary for the installation of treatment and control technologies to assure that their wastewater discharge will meet all applicable pretreatment standards and requirements. The Permittee shall maintain a current Allocation Table (AT) which summarizes the results of the HWA and the limits from all IUPs. Permitted IUP loadings for each parameter cannot exceed the treatment capacity of the POTW as determined by the HWA. [15A NCAC 21-1.0909, .0916, and .0917; 40 CFR 403.5, 403.8 (f) (1) (iii); NCGS 143- 215.67 (a)] 6. Authorization to Construct WC) The Permittee shall ensure that an Authorization to Construct permit (AtQ is issued to all applicable industrial users for the construction or modification of any pretreatment facility. Prior to the issuance of an AtC, the proposed pretreatment facility and treatment process must be evaluated for its capacity to comply with all Industrial User Pretreatment Permit (IUP) limitations. [15A NCAC 2H.0906 (b) (6) and .0905; NCGS 143- 215.1 (a) (8)] 7. POTW Inspection & Monitoring of their SIUs The Permittee shall conduct inspection, surveillance, and monitoring activities as described in its Division approved pretreatment program in order to determine, independent of information supplied by industrial users, compliance with applicable pretreatment standards. [15A NCAC 2H-.0908 (d); 40 CFR 403.8 0 (2) (v)] The Permittee must: a. Inspect all SIUs at least once per calendar year; and b. Sample all SIUs at least twice per calendar year for all permit -limited pollutants, once during the period from January 1 through June 30 and once during the period from July 1 through December 31, except for organic compounds which shall be sampled once per calendar year. For the purposes of this paragraph, "organic compounds" means the types of compounds listed in 40 CFR 136.3 (a), Tables IC, ID, and IF, as amended. 8. SIU Self Monitoring and Reporting The Permittee shall require all industrial users to comply with the applicable monitoring and reporting requirements outlined in the Division -approved pretreatment program, the industry's pretreatment permit, or in 15A NCAC 2H.0908. 115A NCAC 2H.0906 (b) (4) and .0905; 40 CFR 403.8 (f) (1) (v) and (2) (iii); 40 CFR 122.44 Q (2)] 9. Enforcement Response Plan (ERP) The Permittee shall enforce and obtain appropriate remedies for violations of all pretreatment standards promulgated pursuant to section 307 (b) and (c) of the CWA (40 CFR 405 et. seq.), prohibitive discharge standards as set forth in 40 CFR 403.5 and 15A NCAC 2H.0909, and specific local limitations. All enforcement actions shall be consistent with the Enforcement Response Plan (ERP) approved by the Division. [15A NCAC 2H.0906 (b) (7) and .0905; 40 CFR 403.8 (f) (5)]. 10. Pretreatment Annual Reports (PAR) The Permittee shall report to the Division in accordance with 15A NCAC 2H.0908. In lieu of submitting annual reports, Modified Pretreatment Programs developed under 15A NCAC 2H.0904 (b) maybe required to submit a partial annual report or to meet with Division personnel periodically to discuss enforcement of pretreatment requirements and other pretreatment implementation issues. Version 512009 NPDES Permit Stand.-xd Conditions Page 18 of 18 V For all other active pretreatment programs, the Permittee shall submit two copies of a Pretreatment Annual Report (PAR) describing its pretreatment activities over the previous twelve months to the Division at the following address: NC DENR / DWQ / Pretreatment, EmergencyResponse, and Collection Systems Unix (PERCS) 1617 Mail Service Center Raleigh, NC 27699-1617 These reports shall be submitted according to a schedule established by the Director and shall contain the following: a.) Narrative A brief discussion of reasons for, status of, and actions taken for all SIUs in Significant Non -Compliance' (SNC); b.) Pretreatment Program SLunmary (PPS) A pretreatment program summary (PPS) on specific forms approved by the Division; c.) Sign]ficant Non -Compliance Report (SNCR) The nature of the violations and the actions taken or proposed to correct the violations on specific forms approved by the Division; d.) Industrial Data Summary Forms (IDSF) Monitoring data from samples collected by both the POTW and the SIU...These analytical results must be reported on Industrial Data Summary Forms (IDSF) or other specific format approved by the Division; e.) Other Information Copies of the POTW's allocation table, new or modified enforcement compliance schedules, public notice of SIUs in SNC, and any other information, upon request, which in the opinion of the -Director is needed to determine compliance with the pretreatment implementation requirements of this permit; 11. Public Notice The Permittee shall publish annually a list of SIUs that were in SNC as defined in the Permittee's Division - approved Sewer Use Ordinance with applicable pretreatment requirements and standards during the previous twelve month period. This list shall be published within four months of the applicable twelve-month period. [15A NCAC 2H.0903 (b) (35), .0908 (b) (5) and .0905 and 40 CFR 403.8 (f) (2) (vii)] 12. Record Keeping The Permittee shall retain for a minimum of three years records of monitoring activities and results, along with support information including general records, water quality records, and records of industrial impact on the POTW. [15A NCAC 2H.0908 (f); 40 CFR 403.12 (o)] 13. Funding and Financial Report The Permittee shall maintain adequate funding and staffing levels to accomplish the objectives of its approved pretreatment program. [15A NCAC 2H.0906 (a) and .0905; 40 CFR 403.8 (f) (3),403.9 (b) (3)] 14. Modification to Pretreatment Proms Modifications to the approved pretreatment program including but not limited to local limits modifications, POTW monitoring of their SIUs, and Monitoring Plan modifications, shall be considered a permit modification and shallbe governed by 15 NCAC 2H.0114 and 15A NCAC 2H.0907. Version 512009 ` - r • Pam/ '�� '� " \,� - .. ,.�r�,�� ,�rP •.a ��;�• ��` � gym, Ix o' ,r li� r ° o , Robeson County Water Department 265 McGirt Road Maxton, NC 28364 Phone: 910-844-5611 Fax: 910-8445380 January 12, 2009 N.C. Dept of ENR Division of Water Quality Point Source Branch 1617 Mail Service Center Raleigh, NC 27699-1617 To Whom It May Concern - This letter is to request renewal of NPDES permit NCO085685 for the Robeson County Water Dept. The only change has been the addition of dechlorination equipment per NCDWQ rule changes. Enclosed are an original and two (2) copies of the renewal package. If you have any questions please call me at 910-844-5611 Ext. 26. Sincerely, Myron Neville Water Treatment Supt. Robeson County Water Dept. _ �- E�_.r. Pff ad t 4 �L16_4 POINT . SOURCE BRANC11-1 NPDES PERMIT APPLICATION - SHORT FORM C - WTP For discharges associated with water treatment plants Mail the complete application to: N. C. DENR / Division of Water.Quality / NPDES Unit 1617 Mail Service Center, Raleigh, NC 27699-1617 NPDES Permit Number IN COO 8SZk� If you are completing this form in computer use the TAB key or the up — down arrows to move from one field to the next. To check the boxes, click your mouse on top of the box. Otherwise, please print or type. 1. Contact Information: Owner Name l�04o- Co"/4 v /0s4,P_r -A — Facility Name /iA- c- W-i P Mailing Address City State / Zip Code Telephone Number Fax Number e-mail Address 2. Location of facility producing discharge: Check here if same as above ❑ AJ e, 2_ 36 9 -S 4. Co Street Address or State Road 1 g y Z 0 ,U 7 City � cL State / Zip Code /QC : 2t3 S 1 County 3. Operator Information: Name of the firm, consultant or other entity that operates the facility. (Note that this is not referring to the Operator in Responsible Charge or ORC) Name Mailing Address 2-6 �_,z4 �7 C' City State / Zip Code A) C Cj Telephone Number Fax Number 4. Ownership Status: Federal ❑ State ❑ Private ❑ Public Pagel of 3 C-WTP 05/08 NPDES PERMIT APPLICATION - SHORT FORM C - WTP For discharges associated with water treatment plants 5. Type of treatment plant: Conventional (Includes coagulation, flocculation, and sedimentation, usually followed by �] filtration and disinfection) ❑ Ion Exchange (Sodium Cycle Cationic ion exchange) ❑ Green Sand Filter (No sodium recharge) ❑ Membrane Technology (RO, nanofiltration) Check here if the treatment process also uses a water softener ❑ 6. Description 'of source water(s) (i.e. groundwater, surface water) 7. Describe the treatment process(es) for the raw water: are44'44, SOJ)u", F�y�� 'cQ's aJJQJ � �1 AcX!IIS' 2:��. S c1,/v^1n� JS o�d'ded� c�ISilnt2Gf� Wcq�2i IS SL����PXa^Gl' S. Describe the wastewater and the treatment process(es) for wastewater generated by the facility: n, �o (i CXc C>c�cf � t;� ► S c1.0 rsc�.i 9. Number of separate discharge points: Outfall Identification numbers) 00 10. , Frequency of discharge: Continuous ❑ Intermittent If intermittent: Days per week discharge occurs: % Duration: 11. Plant design potable flow rate % MGD Backwash or reject flow e, O - MGD 12. Name of receiving stream(s) (Prouide a map showing the exact location of -each outfall, including latitude and longitude): C-WTP 05/08 Page 2 of 3 NPDES PERMIT APPLICATION - SHORT FORM C - WTP For discharges associated with water treatment plants 13. Please list all water treatment additives, including cleaning chemicals, that have the potential to be discharged. C--k /a - J, n Q_ - 4:- 14. Is this facility located on Indian .country? (check one) Yes ❑ No 15. Additional Information: ➢ Provide a schematic of flow through the facility, include flow volumes at all- points in the .treatment process, and point of addition of chemicals. ➢ Solids Handling Plan r''T �SCc%—..9tv".,^.3.� 16. NEW Applicants Information needed in addition to items 1-15: ➢ New applicants must contact the NCDENR Customer Service Center. Was the Customer Service Center contacted? ❑ Yes ❑ No,; „i ➢ Analyses of source water collected ➢ Engineering Alternative Analysis \NIATER OUAL111 I pr'�� 5gQRZ� B - NCH ➢ Discharges from Ion Exchange and Reverse Osmosis pa�i �hai� lie eva. uated using a water quality model. 17. Applicant Certification I certify that I am familiar with the information contained in the application and that to the best of my knowledge and belief such information is true, complete, and accurate. Printed Aame of Person Signing Title 1_1'4-o r Sig atu� f Applicant J Date North Carolina General Statute 143-215.6 (b)(2) provides that: Any person who knowingly makes any false statement representation, or certification in any application, record, report, plan, or other document files or required to be maintained under Article 21 di regulations of the Environmental Management Commission implementing that Article, or who falsifies, tampers with, or knowingly renders inaccurate any recording or monitoring device or method required to be operated or maintained under Article 21 or regulations of the Environmental Management Commission implementing that Article, shall be guilty of a misdemeanor punishable by a fine not to exceed $25,000, or by imprisonment not to exceed six months, or by both. (18 U.S:C. Section 1001 provides a punishment by a fine of not more than $25,000 or impnsorfinent not more than 5 years, or both, for a similar offense.) Page 3 of 3 C-WTP 05/08 4 M 2 41 A ater Tank FaciEry iocadon oo, V \ X Se.ag& 15 J hni. Latitude: 34051'56" Longitude: 79006'20" Quad # H22SE Stream Class: C-Swamp Subbasin: 30753 Receiving Stream: Big Marsh Swamp NCO085685 Robeson County / Lumber Bridge WTP Facility : g J.!, Location CCA I F 1 -74nno SLUDGE MANAGEMENT PLAN NPDES NCO085685 Lumber. Bridge WTP Filter backwash water is collected in one of two sludge tanks. Solids settle to the bottom of sludge tanks. Clear water is then decanted to a pump station for discharge. When sludge has accumulated to two feet it is then removed from tank for disposal. Sludge is disposed of at the Robeson County Landfill. PICAt) luot 4,—r Pi.ow ju-,d Pe-c,'A'4- S!itiS )2cc��;1 3 0 C4M