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HomeMy WebLinkAboutNC0086495_Issuance of Permit_20010505J�\SEO STgrFS 2,; A UNITED STATES ENVIRONMENTAL PROTECTION AGENCY W REGION 4 o Q ATLANTA FEDERAL CENTER 61 FORSYTH STREET 4lg4 PROSEG1 ATLANTA, GEORGIA 30303-8960 E(ii,cEC)�, CERTIFIED MAIL ' ' �e'rnittlnc RETURN RECEIPT REQUESTED ` REF: 4WM-PGTAB Leon D. Jones, Principal Chief Eastern Band of Cherokee Indians Qualla Boundary P.O. Box 455 Cherokee, NC 28719 RE: Final Issuance of NPDES Permit No. NCO086495 Cherokee Water Treatment Facility Dear Chief Jones: Enclosed is the National Pollutant Discharge Elimination System (NPDES) permit for the above -referenced facility. This action constitutes the Environmental Protection Agency's final permit decision in accordance with Title 40, Code of Federal Regulations (CFR) Section 124.15(a). The permit will become effective as specified, provided that no timely request for an evidentiary hearing is received by the Agency. Any interested person may contest this decision by submitting a timely request for an evidentiary hearing (hearing) pursuant to the procedures at 40 CFR § 124.74. If a request for a hearing is received by the Agency, following review, a determination will be made and the requester advised of the Agency's decision on the request. Until that time, please be advised that any request will render the permit ineffective pursuant to 40 CFR § 124.15(b). For a new source, a new discharger, a recommencing discharger, or a facility for which an untimely permit renewal application was submitted, a hearing request renders the facility without an NPDES permit and the facility may not discharge (unless relief is granted by the Presiding Officer under 40 CFR § 124.60(a)). If the evidentiary hearing request is granted, in whole or part, to an existing source, the effect of the contested provision(s), and any other conditions not severable from those conditions, will be stayed and not subject to judicial review pending final Agency action. In this case, all provisions of the prior permit, as well as, all uncontested provisions of the reissued permit shall continue fully enforceable and effective pending final Agency action on the permit appeal. See 40 CFR § 124.60. Intemet Address (URL) • http://www.epa.gov Recycled/Recyclable • Printed with Vegetable Oil Based Inks on Recycled Paper (Minimum 30% Posiconsumer) To request an evidentiary hearing under 40 CFR § 124.74, you must submit an original and two copies of the request to the Regional Hearing Clerk at the letterhead address within thirty (30) days from service of this notice. A copy of the procedures and requirements for evidentiary hearing requests and appeals to the Administrator is enclosed. For purposes of judicial review under the Clean Water Act, 33 U.S.C. § 1251 et sea.• final Agency action on a permit does not occur unless and until a party has exhausted its administrative remedies as required by 40 CFR Part 124. Further information on procedures pertaining to the filing of an evidentiary hearing request or other legal matters may be obtained by contacting Mr. Kevin Smith, Assistant Regional Counsel, at (404) 562-9525. For information regarding technical aspects of the permit, unrelated to any anticipated evidentiary hearing request, please contact the permit writer. Enclosures (3) 1. Evidentiary Hearing Procedures 2. Final NPDES Permit 3. Amendment to Statement of Basis cc: NC DEHNR Sincerely, ftW;atr nister, Director ement Division J�tEa Sr,�T�s yUNITED STATES ENVIRONMENTAL PROTECTION AGENCY L REGION 4 ATLANTA FEDERAL CENTER 61 FORSYTH STREET 4< PRO Ie t ATLANTA, GEORGIA 30303-8960 DATE: MAR 0 5 ?001 AMENDMENT TO THE STATEMENT OF BASIS AT THE TIME OF FINAL PERMIT ISSUANCE APPLICATION NO: NCO086495 NAME OF APPLICANT: Cherokee Water Treatment Facility 1. Chans;es to Permit from Draft Permit to Final Permit Stage: The monitoring frequency for all parameters on page I-1 of the permit has been changed to once per quarter. The discharge of filter backwash water is infrequent enough that once per month monitoring is not necessary. The reporting requirement on Page III-1 of the permit has been changed to once per quarter. 2. Public Comments None 3. State Certification State certification of the proposed permit was not required since the permitted activities are not in state waters. However, EPA believes the conditions of the permit to be protective of water quality. intemet Address (URL) - http://www.epa.gov Recycled/Recyclable - Printed with Vegetable Oil Based Inks on Recycled Paper (Minimum 30 % Postconsumer) Permit No. NCO086495 Water Treatment Plant Backwash UNITED STATES ENVIRONMENTAL PROTECTION AGENCY REGION IV AUTHORIZATION TO DISCHARGE UNDER THE NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM In compliance with the provisions of the Clean Water Act, as amended (33 U.S.C. 1251 et seq.; the "Act"), the The Eastern Band of Cherokee Indians P.O. Box 302 Cherokee, North Carolina 28719 is authorized to discharge from a facility located at Cherokee Water Treatment Plant US 441 North Cherokee, Swain County, North Carolina to receiving waters named Outfall 001: Un-named Tributary to Oconaluftee River in accordance with effluent limitations, monitoring requirements and other conditions set forth herein. The permit consists of this cover sheet, Part 12 pages, Part H 16 pages, and Part III 1 Page This permit shall become effective on April 1, 2001. This permit and the authorization to discharge shall expire at midnight, March 31, 2006. MAR 0 5 2001 Date Issued verlyT nBanister, Director Water a2ement Division Part I-1 Permit No. NCO086495 PART I A. EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS - 1. During the period beginning on the effective date and lasting through the expiration date of this permit, the permittee is authorized to discharge from outfall Serial Number 001, filter backwash water. Such discharges shall be limited and monitored by the permittee as specified below: PARAMETERS DISCHARGE LIMITATIONS MONITORING REQUIREMENTS MONTHLY AVG DAILY MAXIMUM SAMPLING POINT s ` MEASUREMENT FREQUENCY SAMPLE TYPE Flow, MGD Re ort Report Effluent 1/ uarter Instantaneous Total Suspended Solids TSS,m 30.0 45.0 Effluent 1/quarter Grab H, standard units SU 6.0 -9.0 Effluent 1/ uarter Instantaneous Grab Total Recoverable Aluminum m l ----- 71.5 Effluent 1/ uarter Grab 2. Samples taken in compliance with the monitoring requirements specified in this permit shall be taken at the nearest accessible point after final treatment but prior to the actual discharge or mixing with the receiving waters (unless otherwise specified) 3. Any bypass of the treatment facility, which is not included in the effluent monitored above, is to be monitored for flow and all other parameters. For parameters other than flow, at least one grab sample per day shall be monitored. Daily flow shall be monitored or estimated, as appropriate, to obtain reportable data. All monitoring results shall be reported on a Discharge Monitoring Report (DMR) form (EPA No. 3320-1). Part I-2 Permit No. NC0086495 4. There shall be no discharge of floating solids or visible foam in other than trace amounts. 5. The effluent shall not cause a visible sheen on the receiving water. 6. If the results for a given sample analysis are such that any parameter is not detected at or above the minimum level for the test method used, a value of zero will be used for that sample in calculating an arithmetic mean value for the parameter. If the resulting calculated arithmetic mean value for that reporting period is zero, the permittee shall report "NODI=B" on the DMR. For each quantitative sample value that is not detectable, the test method used and the minimum level for that method for that parameter shall be attached to and submitted with the DMR. The permittee shall then be considered in compliance with the appropriate effluent limitation and/or reporting requirement. C. SCHEDULE OF COMPLIANCE The permittee shall achieve compliance with the effluent limitations specified for discharges in accordance with the following schedule: Operational Level Attained ........ Effective Date of Permit 2. No later than 14 calendar days following a date identified in the above schedule of compliance, the permittee shall submit either a report of progress or, in the case of specific actions being required by identified dates, a written notice of compliance or noncompliance. In the latter case, the notice shall include the cause of noncompliance, any remedial actions taken, and the probability of meeting the next scheduled requirement. Part I-3 Permit No. NCO086495 C. SCHEDULE OF COMPLIANCE The permittee shall achieve compliance with the effluent limitations specified for discharges in accordance with the following schedule: Operational Level Attained ........ Effective Date of Permit 2. No later than 14 calendar days following a date identified in the above schedule of compliance, the permittee shall submit either a report of progress or, in the case of specific actions being required by identified dates, a written notice of compliance or noncompliance. In the latter case, the notice shall include the cause of noncompliance, any remedial actions taken, and the probability of meeting the next scheduled requirement. Im 1, Part II Page II-1 Part II STANDARD CONDITIONS FOR NPDES PERMITS SECTION A. GENERAL CONDITIONS 1. Duty to Comply The permittee must comply with all conditions of this permit. Any permit noncompliance constitutes a violation of the Clean Water Act and is grounds for enforcement action; for permit termination, revocation and reissuance, or modification; or fo•- denial of a permit renewal application. 2. Penalties for Violations of Permit Conditions Any person who violates a permit condition is subject to a civil penalty not to exceed $25,000 per day for each violation. Any person who negligently violates any permit condition is subject to criminal penalties of $2,500 to $25,000 per day of violation, or imprisonment for not more than 1 year, or both. Any person who knowingly violates permit conditions is subject to criminal penalties of $5,000 to $50,000 per day of violation, or imprisonment for not more than 3 years, or both. Also, any person who violates a permit condition may be assessed an administrative penalty not to exceed $10,000 per violation with the maximum amount not to exceed $125,000. [Refs 40 CPR 122.41(a)] 3. Duty to Mitigate The permittee shall take all reasonable steps to minimize or prevent any discharge in violation of this permit which has a reasonable likelihood of adversely affecting human -health or the environment. 4. Permit Modification After notice and opportunity for a hearing, this permit may be modified, terminated, or revoked for cause including, but not limited to, the following: a. Violation of any terms or conditions of this permit; b. Obtaining this permit by misrepresentation or failure to disclose fully all relevant facts; c. A change in any conditions that requires either temporary inte.rr-r.- , or elimination of the permitted discharge; or d. Information newly acquired by the Agency indicating the discharge poses a threat to human health or the environment. Part II Page II-2 If the permittee believes that any past or planned activity would be cause for modification or revocation and reissuance under 40 CFR 122.62, the permittee must report such information to the Permit Issuing Authority. The submittal of a new application may be required of the permittee. 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. 5. Toxic Pollutants Notwithstanding Paragraph A-4, above, if a toxic effluent standard or prohibition (including any schedule of compliance specified in such effluent standard or prohibition) is established under Section 307(a) of the Act for a toxic pollutant which is present in the discharge and such standard or prohibition is more stringent than any limitation of such pollutant in this-* permit, this permit shall be modified or revoked and reissued to conform to the toxic effluent standard or prohibition and the permittee so notified. 6. Civil and Criminal Liability Except as provided in permit conditions on "Bypassing" Section B, Paragraph B-3, and "Upsets" Section B, Paragraph B-4, nothing in this permit shall be construed to relieve the permittee from civil or criminal penalties for noncompliance. 7. Oil and Hazardous Substance Liability Nothing in this permit shall be construed to preclude the institution of any legal action or relieve the permittee from any responsibilities, liabilities, or penalties to which the permittee is or may be subject under Section 311 of the Act. 8. State Laws Nothing in this permit shall be construed to preclude the institution of any legal action or relieve the permittee from any responsibilities, liabilities, or penalties established pursuant to any applicable State law or regulation under authority preserved by Section 510 of the Act. 9. Property Rights: The issuance of this permit does not convey any property rights of any sort, or any exclusive privileges, nor does it authorize any injury to private property or any:invasion of personal rights, nor any infringement of Federal, State, or local laws or regulations. Part II Page II-3 10. 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 waters of the United States. 11. Severability The provisions of this permit are severable, and if any provision of this permit, or the application of any provision of this permit to any circumstance, is held invalid, the application of such provision to other circumstances, and the remainder of this permit, shall not be affected thereby. 12. 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 Authority upon request, copies of records required to be kept by this permit. SECTION B. OPERATION AND MAINTENANCE OF POLLUTION CONTROLS 1. Proper Operation and Maintenance The permittee shall at all times properly operate and maintain all facilities and systems of treatment and control (and related appurtenances) which are installed or used by the permittee to achieve compliance with the conditions of this permit. Proper operation and maintenance also includes adequate laboratory controls and appropriate quality assurance procedures. This provision requires the operation of back-up or auxiliary facilities or similar systems which are installed by a permittee only when the operation is necessary to achieve compliance with the conditions of the permit. 2. Need to Halt or Reduce not a Defense It shall not.be a defense for a permittee would have been necessary to halt or reduce to maintain compliance with the condition of 3. Bypass of Treatment Facilities a. Definitions in an enforcement action that it the permitted activity in order this permit. (1) "Bypass" means the intentional diversion of waste streams from any portion of a —treatment facility, which is not a designed or established operating mode for the facility. b. c. d. Part II Page II-4 (2) "Severe. property damage" means substantial physical damage to property, damage to the treatment facilities which causes them to become inoperable, or substantial and permanent loss of natural resources which can reasonably be expected to occur in the absence of a bypass. Severe property damage does not mean economic loss caused by delays in production. Bypass not exceeding limitations. The permittee may allow any bypass to occur which does not cause effluent limitations to be exceeded, but only if it also is for essential maintenance to assure. efficient operation. These bypasses are not subject to the provisions of Paragraphs c. and d. of this section. Notice (1) Anticipated bypass. If the permittee knows in advance of the need for a bypass, it shall submit prior notice, if possible at least ten days before the date of the bypass; including an evaluation of the anticipated quality and effect of the bypass. (2) Unanticipated bypass. The permittee shall submit notice of an unanticipated bypass as required in Section D. Paragraph D-8 (24-hour notice). Prohibition of bypass (1) Bypass is prohibited and the Permit Issuing Authority may take enforcement action against a permittee for bypass, unless: (a) Bypass was unavoidable to prevent loss of life, personal injury, or severe property damage; (b) There were. no feasible alternatives to the bypass, such as the use of auxiliary treatment facilities, retention. of .untreated wastes, or maintenance during normal periods of equipment downtime. This -.condition is not satisfied if adequate backup equipment should have been installed in the exercise of reasonable engineering judgement to prevent a bypass which occurred during normal periods of equipment downtime or preventive maintenance; and (c) The permittee submitted notices as required under Paragraph c. of this section. Part II Page II-5 (2) 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 d.(1) of this.section. 4. Upsets "Upset" means an exceptional incident in which there is unintentional and temporary noncompliance with technology based permit effluent limitations because of factors beyond the reasonable control of the permittee. An upset does not include noncompliance to the extent caused by operational error, improperly designed treatment facilities, lack of preventive maintenance, or careless or improper operation. An upset constitutes an affirmative defense to an action brought for non-compliance with such technology based permit limitation if the requirements of 40 CFR 122.41(n)(3) are met. 5. Removed Substances This permit does not authorize discharge of solids, sludge, filter backwash, or other pollutants removed in the course of treatment or control of wastewaters of the United States unless specifically limited in Part 1. SECTION C. MONITORING AND RECORDS 1. Representative Sampling Samples and measurements taken as required herein shall be representative of the volume and nature of the monitored discharge. 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. Part II Page II-6 2. Flow Measurements Appropriate flow measurement devices and methods consistent with accepted scientific practices shall be selected and used to insure the accuracy and reliability of measurements of the volume of monitored discharges. The devices shall be installed, calibrated and maintained to insure that the accuracy of the measurements are consistent with the accepted capability of that type of device. Devices -selected shall be capable of measuring flows with a maximum deviation of less than ± 10% from the true discharge rates throughout the range of expected discharge volumes. Once -through condenser cooling water flow which is monitored by pump logs, or pump hour meters as specified in Part I of this permit and based on the manufacture's pump curves shall not be subject to this requirement. Guidance in selection,installation, calibration, and operation of acceptable flow measurement devices can be obtained from the following references: (1) "A Guide of Methods and Standards for the Measurement of Water Flow", U.S. Department of Commerce, National Bureau of Standards, NBS Special Publication 421, May 1975, 97 pp. (Available from the U.S. Government Printing Office, Washington, D.C. 20402. Order by SD catalog No. C13.10:421.) (2) "Water Measurement Manual", U.S. Department of Interior, Bureau of Reclamation, Second Edition, Revised Reprint, 1974, 327 pp. (Available from the U.S. Government Printing Office, Washington, D.C. 20402. Order by catalog No. 127.19/2:W29/2, Stock No. SIN 24003-0027.) (3) "Flow Measurement in Open Channels and Closed Conduits", U.S. Department of Commerce, National Bureau of Standards, NBS Special Publication 484, October 1977, 982 pp. (Available in paper copy or microfiche from National Technical Information Service (NTIS), Springfield, VA 22151. Order by NTIS No.PB-273 535/5ST.) (4) "NPDES Compliance Flow Measurement Manual", U.S. Environmental Protection Agency, Office of Water Enforcement, Publication MCD-77, September 1981, 135 pp. (Available from the General Services Administration (SBRC), Centralized Mailing Lists Services, Building 41, Denver Federal Center, Denver, CO 80255.) 3. Monitoring Procedures Monitoring must be conducted according to test procedures approved under 40 CPR Part 136, unless other test procedures have been specified in this permit. le Part II Page II-7 4. Penalties for Tampering The Clean Water Act provides that any person who falsifies, tampers with, or knowingly renders inaccurate, any monitoring device or method required to be.maintained under this permit shall, upon conviction, be punished by a fine of not more than $10,000 per violation, or imprisonment for not more than 2 years, or both. S. Retention of Records The permittee shall retain records of all monitoring information, including all calibration and maintenance records .and all original strip chart recordings for continuous monitoring instrumentation, copies of all reports required by this permit, and records of all data used to complete the application for this permit, for a period -of at least 3 years from the date of the sample, measurement, report, or application. This period may be extended by the Permit Issuing -Authority at any time. 6. Record Contents Records of monitoring information shall includes a. The date, exact place, and time of sampling or measurements; b. The individual(s) who performed the sampling of 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. 7. Inspection and Entry The permittee shall allow the Permit Issuing Authority, or an authorized representative,upon the presentation of credentials and other documents as may be required by law, -to; a. Enter upon the permittee's premises.where a.regulated facility or activity is located or conducted, or where records must be kept under the conditions of this permit;' b. Have access to and copy, at reasonable times, any records that must be kept under -the conditions of this.permit. Part II Page II-8 C. Inspect at reasonable time any facilities, equipment (including monitoring and control equipment), practices, or operations regulated or required under this permit; and d. Sample or monitor at reasonable times, for the purposes of assuring permit compliance or as otherwise authorized by the Clean Water Act, any substances or parameters at any location. SECTION D. REPORTING REQUIREMENTS 1. Change in Discharge The permittee shall give notice to the Permit Issuing Authority as soon as possible of any planned physical alterations or additions to the permitted facility. Notice is required only when: a. The alteration or addition to a permitted facility may meet one of the criteria for determining whether a facility is a new source; or b. The alteration or addition could significantly change the nature or increase the quantity of pollutants discharged. This notification applies to pollutants which are subject neither to effluent limitations in the permit, nor to notification requirements under Section D, Paragraph D-10(a). 2. Anticipated Noncomaliance The permittee shall give advance notice to the Permit Issuing Authority of any planned change in the permitted facility or activity which may result in noncompliance with permit requirements. Any maintenance of facilities, which might necessitate unavoidable interuption of operation and degradation of effluent quality, shall be scheduled -.during noncritical water quality periods and carried out in a manner approved by the Permit Issuing Authority. 3. Transfer of Ownership or Control A permit may..be automatically transferred to another ifc a. The permittee notifies the Permit Issuing Authority of. the proposed transfer at least 30 days in advance of the proposed transfer date; b. The notice includes a written agreement between the existing and new permittees containing a specific date for transfer of permit, responsibility, coverage, and liability between them; and C. The Permit Issuing permittee of his or her permit. If this notice on the date specified in 4. Monitoring Reports Part II Page II-9 Authority does not notify the existing intent to modify or revoke and reissue the is not received, the transfer is effective the agreement mentioned in paragraph b. See Part III of this permit. 5. Additional Monitoring by the Permittee If the permittee monitors any pollutant more frequently than required by this permit, using test procedures approved under 40 CPR 136 or as specified in this permit, the results of this monitoring shall be included in the calculation and reporting of the data submitted in the Discharge Monitoring Report (DMR). Such increlsed frequency shall also be indicated. 6. Averagina of Measurements Calculations for limitations which require averaging of,measurements shall utilize an arithmetic mean unless otherwise specified by the Permit Issuing Authority in.the permit. 7. Compliance Schedules Reports of compliance or noncompliance with, or any progress reports on, interim and final requirements contained in any compliance schedule of this permit shall be submitted no later than 14 days following each schedule date. Any reports of noncompliance shall include the cause of noncompliance, any remedial actions taken, and the probability of meeting the next scheduled requirement. 8. Twenty -Four Hour Reporting The permittee shall orally report any noncompliance which may endanger health or the environment, within 24 hours from the time the permittee becomes 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 the 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 reoccurance of the noncompliance. The Permit Issuing Authority may verbally waive the written report, on a case -by -case basis, when the oral report is made. Part II Page II-10 The following violations shall be included in the 24 hour report.when they might endanger health or the environment: a. An unanticipated bypass which exceeds any -effluent limitation in the permit. b. Any upset which exceeds any effluent limitation in the.permit. 9. Other Noncompliance The permittee shall report in narrative form, all instances of noncompliance not previously reported under Section D,`Paragraphs D-2, D-4, D-7, and D-8 at the time monitoring reports are submitted. The reports shall contain the information listed in Paragraph D-8. 10. Changes in Discharges of Toxic Substances The permittee shall notify the Permit Issuing Authority as soon as it knows or has reason to believe: a. That any activity has occurred or will occur which would result in the discharge, on a routine or frequent basis, of any toxic substance(s) (listed at 40 CPR 122, Appendix D, Table II and III) which is not limited in the permit, if that discharge will exceed the highest of the following "notification levels": (1) One hundred micrograms per liter (100 ug/1); (2) Two hundred micrograms per liter (200 ug/1) for acrolein and acrylonitrile; five hundred micrograms per liter (500 ug) for 214-dinitrophenol and for 2-methyl-416-dinitrophenol; and one milligram per liter (1 mg/1) for antimony; or (3) Five (5)' -times the maximum concentration value reported for that pollutant(s) in the application. b. That any activity has occurred or will occur which would result in any discharge, on a non -routine or infrequent basis, of a toxic-' pollutant (listed at 40 CPR 122, Appendix D. Table II and III) which is not limited in the permit, if that discharge will exceed the highest of the following "notification levels": (1) Five hundred micrograms per liter (500 ug/1); (2) One milligram per liter (1 mg/1) for antimony; or (3) Ten (10) times the maximum concentration value reported for that pollutant(s) in the permit app3.tcation. Part II Page II-11 11. Duty to ReaDvi 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. The application should be submitted at least 18.0 days before the expiration date of this permit. The Permit Issuing Authority may grant permission to submit an application less than 180 days in advance but not later than the permit expiration date. Where EPA is the Permit Issuing Authority, the terms and conditions of this permit are automatically continued in accordance with 40 CPR 122.6, only where the permittee has submitted a timely and complete application for a renewal permit and the Permit Issuing Authority is unable through no fault of the permittee to issue a new permit before the expiration date. 12. Signatory heggirements All applications, reports, or information submitted to the Permit Issuing Authority shall be signed and certified. a. All permit applications shall be signed as follows: (1) For a corporation: by a responsible corporate officer. For the purpose of this Section, a responsible corporate officer means: (1) 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 (2) the manager of one or more manufacturing production facilities employing more than 250 persons or having gross annual sales or expenditures exceeding 25 million (in second quarter 1980 dollars), if authority to sign documents has been assigned or delegated to the manager in accordance with corporate procedures. (2) For a partnership or sole proprietorship: by a general .partner or the proprietor, respectively; or (3) -For a municipality, State, Federal, or other public agency: .by either- a principal executive officer or ranking elected . official. b. All reports required by the permit and other information requested by the Permit Issuing Authority shall be signed by a person described above..or by a duly authorized representative of that person. A person is a duly authorized representative only if: (1) The authorization is made in writing by a person described above; I Part II Page II-12 (2) The authorization specifies 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 a well field, superintendent, position of equivalent responsibility, or an individual or, position having overall responsibility for environmental matters for the company. (A duly authorized representative may thus be either a named individual or any individual occupying a named position.); and (3) The written authorization is submitted to the Permit Issuing Authority. C. Certification. Any person signing a document under paragraphs (a) or (b) of this secti^n shall make the following certifications "I certify under penalty of law that this document and.all attachments were prepared under my direction or supervision in accordance with a system designed to assure that qualified personnel properly gather and evaluate the information submitted. Based on my inquiry of the person or persons who manage the system, or those persons directly responsible for gathering the information, the information submitted is:, to the best of my knowledge and belief,.true, accurate, and complete. I am aware that there are significant penalties for submitting false information, including the possibility of fine and imprisonment for knowing violations." 13. Availability of Reports Except for data determined to be confidential under 40 CPR Part 2, all reports prepared in accordance with the terms of this permit shall be available for public inspection at the offices of the Permit Issuing Authority. As required by the Act, permit: applications, permits and effluent data shall not be considered confidential. 14. Penalties for Falsification of Reports The Clean Water Act -provides that any person who knowingly makes any false material 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, or who -knowingly falsifies, tampers with, or renders inaccurate any monitoring device, -or method required to be maintained under the Clean Water Act, shall, upon conviction,''be punished by a fine of not more than $10,000 or by imprisonment for not more than 2 years, or both. Part II Page II-13 SECTION E. DEFINITIONS 1. Permit Issuing Authority The Regional Administrator of EPA Region IV or his designee, unless at some time in the future the State receives authority to administer the NPDES program and assumes jurisdiction over the permit; at which time, the Director of the State program receiving the authorization becomes the issuing authority. 2. Act "Act" means the Clean Water Act (formerly referred to as the Federal Water Pollution Control Act) Public Law 92-500, as amended by Public Laws 95-217, 95-576, 96-483, 97-117, and 100-4, 33 U.S.-C. 1251 et seq. 3. Mass/Day Measurements a. The "average monthly discharge" is defined and the total mass of all daily discharges sampled and/or measured during a calendar month on which daily discharges are sampled and measured, divided by the number of daily discharges sampled and/or measured during such month. It is therefore, and arithmetic mean found by adding the weights of the pollutant found each day of the month and then dividing this sum by the number of days the tests were reported. The limitation is identified as "Daily Average" or "Monthly Average" in Part I of the permit and the average monthly discharge value is reported in the "Average" column under "Quantity" on the Discharge Monitoring Report (DMR). b. The "average weekly discharge" is defined as the total mass of all daily discharges, sampled and/or measured during the calendar week on which daily discharges are sampled and measured, divided by the number of daily discharges sampled and/or measured during such week. It is, therefore, an arithmetic mean found by adding the weights of pollutants found each day of the week and then dividing this sum by the number of days the tests were reported. This limitation is identified as "Weekly Average" in Part I of the permit. Enter the highest weekly average of sample measurments obtained during the reporting period in the "Maximum" column under "Quantity" on the DMR. c. The "maximum daily discharge" is the total mass (weight) of a pollutant discharged during a calendar day.. If only one sample is taken during any calendar day the weight of pollutant calculated from it is the -"maximum daily discharge". This limitation is identified as "Daily Maximum"',' in Part I of the permit and the highest such value recorded during the reporting period is reported in the "Maximum" column under "Quantity" on the DMR. Part II Page II-14 d. The "average' annual discharge" is a rolling average equal to the arithmetic mean of the mass measured in all discharges sampled and/or measured during consecutive reporting periods which comprise one year. For parameters that are measured at least once per month, the annual average shall be computed at the end of each month and is equal to the arithmetic mean of the monthly average of the month being reported and the monthly average of each of the previous eleven months. This limitation is defined as "Annual Average" in Part I of the permit and the average annual discharge value is reported in the "Average" column under "Quantity" on the DMR. 4. Concentration Measurements a. the "average monthly concentration", other than for fecal coliform bacteria, is the sum of the concentrations of all daily discharges sampled and/or measured during a calendar month on which daily discharges are sampled and measured, divided by the number of daily discharges sampled and/or measured during such month (arithmetic mean of the daily concentration values). The daily concentration value is equal to the concentration of a composite sample or in the case of grab samples is the arithmetic mean (weighted by flow value) of all the samples collected during that calendar day. This limitation is identified as "Monthly Average" or "Daily Average" under "Other Limits" in Part I of the permit and the average monthly concentration value is reported under the "Average" column under "Quality" of the DMR. b. The "average weekly concentration", other than for fecal coliform bacteria, is the sum of the concentrations of all daily discharges sampled and/or measured during a calendar week on which daily discharges are sampled and measured divided by the number of daily discharges sampled and/or measured during such week (arithmetic mean of the daily concentration values). The daily concentration value is equal to the concentration of a composite sample or in the the case of grab samples is the arithmetic mean (weighted by flow value) of all the samples collected during that calendar day. This limitation is identified as "Weekly Average" under "Other. Limits" in Part I of the permit. Enter the highest weekly average of sample measurments obtained during the reporting period in the "Maximum" column under "Quality" on the DMR. Part II Page II-15 c. The "maximum daily concentration" is the concentration of a pollutant discharged during a calendar day. It is identified as "Daily Maximum" under "Other Units" in Part I of the permit and the highest such value recorded during the reporting period is reported under the "Maximum" column under "Quality" on the DMR. d. The "average annual concentration", other than for fecal coliform bacteria, is a rolling average equal to the arithmetic mean of the effluent or influent samples collected during consecutive reporting periods which comprise one year. For parameters that are measured at least once per month, the annual average shall be computed at the end of each month and is equal to the arithmetic mean of the monthly average of the month being reported and the monthly average of each of the previous eleven months. This limitation is identified as "Annual Average" under "Other Limits" in Part I of the permit and the average annual concentration value is reported under the "Average" column under "Quality" on the DMR. 5. Other Measurements a. The effluent flow expressed as million gallons per day (MGD) is the 24 hour average flow averaged monthly. It is the arithmetic mean of the total daily flows recorded during the calendar month. Where monitoring requirements for flow are specified in Part I of the permit the flow rate values are reported in the "Average" column under "Quantity" on the DMR. b. An "instantaneous flow measurement" is a measure of flow taken at the time of sampling, when both the' sample and flow will be representative of the total discharge. c. Where monitoring requirements for pH, dissolved oxygen or fecal coliform bacteria are specified in Part I of the permit, the values are generally reported in the "Quality or Concentration" column on the DMR. d. The "average annual discharge" for fecal coliform bacteria shall be' calculated in the same manner as that for mass limitations (see item II.E.3.d.). 6. 7. Part II . Page II-16 es of Samples a. Composite Sample: A "composite sample" is a combination of not less than 8 influent or effluent portions, of at least 100 ml, collected over the full time period specified in Part I.A. The composite sample must --be flow proportioned by either time interval between each aliquot or by volume as it relates to effluent flow at the time of sampling or total flow since collection of the previous aliquot. Aliquots may be collected manually or automatically. b. Grab Sample: A "grab sample" is a single influent or effluent portion which is not a composite sample. The sample(s) shall be collected at the period(s) most representative of the total discharge. alculation 'of Means a. Arithmetic Mean: The "arithmetic mean" of any set of values is the summation of the individual values divided by the number of individual values. b. Geometric Mean: The "geometric mean" of any set of values is the N root of the product of the individual values where N is equal to the number of individual values. The geometric mean is equivalent to the antilog of the arithmetic mean of the logarithms of the individual values. For purposes of calculating the geometric mean, values of zero (0) shall be considered to be one (1)• C. Weighted by Flow Value: "Weighted by flow value" means the summation of each concentration times its respective flow divided by the summation of the respective flows. 8. Calendar Da A "calendar day" is defined as the period from midnight of one day until midnight of the next day. However, for purposes of this permit, any consecutive 24-hour period that reasonably represents the calendar day may be used for sampling.- 9. Hazardous Substance A "hazardous substance" means any substance designated under 40 CFR Part 116 pursuant to Section 311 of the Clean Water Act. 10. Toxic Pollutants A "toxic pollutant" is any pollutant listed as toxic under Section 307(a)(1) of the Clean Water Act. PART III Other Requirements A. Reporting of Monitoring Results Page III-1 Permit No. NC0086495 Monitoring results obtained for each calendar quarter shall be summarized for that quarter and reported on a Discharge Monitoring Report Form (EPA No. 3320-1), postmarked no later than the 28th day of the month following the completed calendar quarter. (For example, data for January - March shall be submitted by April 28.) Signed copies of these, and all other reports required by Section D of Part H, Reporting Requirements, shall be submitted to the Permit Issuing Authority at the following address: Environmental Protection Agency Region 4 Clean Water Act Enforcement Section Water Programs Enforcement Branch Water Management Division 61 Forsyth St., SW Atlanta, GA 30303 If no discharge occurs during the reporting period, sampling requirements of this permit do not apply. The statement "No Discharge" shall be written on the DMR form. If, during the term of this permit, the facility ceases discharge to surface waters, the Permit Issuing Authority and the State shall be notified immediately upon cessation of discharge. This notification shall be in writing. B. Reonener Clause This permit shall be modified, or alternatively, revoked and reissued, to comply with any applicable effluent standard or limitation issued or approved under Sections 301(b)(2)(C) & (D), 304(b)(2) and 307(a)(2) of the Clean Water Act, as amended, if the effluent standard or limitation so issued or approved: a. Contains different conditions or is otherwise more stringent than any condition in the permit; or b. Controls any pollutant not addressed in the permit. The permit as modified or reissued under this paragraph shall contain any other requirements of the Act then applicable.