HomeMy WebLinkAbout3719 Permit 2023 NC0003719
STATE OF NORTH CAROLINA
DEPARTMENT OF ENVIRONMENTAL QUALITY
DIVISION OF WATER RESOURCES
Draft PERMIT
TO DISCHARGE WASTEWATER UNDER THE
NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM
(NZ DES)
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,
DAK Americas LLC
is hereby authorized to discharge wastewater from a facility located at
DAK Americas LLC - Cedar Creek Site
3468 Cedar Creek Road, Fayetteville
Cumberland County
to receiving waters designated as the Cape Fear River in the Cape Fear River Basin in accordance with
effluent limitations, monitoring requirements and other conditions set forth in Parts 1, 11, III and IV
hereof.
This permit shall become effective
This permit and authorization to discharge shall expire at midnight on
Signed this day
Richard E. Rogers, Jr., Director
Division of Water Resources
By Authority of the Environmental Management Commission
Page 1 of 11
NC0003719
SUPPLEMENT TO PERMIT COVER SHEET
All previous NPDES Permits issued to this facility, whether for operation or discharge are hereby
revoked, and as of this 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 described herein.
DAK Americas, LLC
is hereby authorized to:
1. continue to operate an existing 0.500 MGD wastewater treatment plant(WWTP) treating pre-treated
wastewaters from Clear Path Recycling and utilities and process wastewaters from the DAK facility
and consisting of:
• flow equalization,
• spill basin
• pH adjustment
• oil skimming
• aeration basins
• dual spill and settling basin
• clarifier
• parshall flume
• sludge pump station
• aerobic digester(can be used as aeration basin)
• aerated biosolids holding basin
• biosolids drying beds, and associated equipment
located at the DAK Americas LLC - Cedar Creek Site, 3468 Cedar Creek Road, south of Fayetteville
in Cumberland County, and
2. discharge treated process wastewaters from said treatment works via Outfall 002 and discharge non-
contact cooling water and stormwater from Outfall 001 at the locations identified in the attached
map into the Cape Fear River, a Class C waterbody within the Cape Fear River Basin.
Page 2 of 11
NC0003719
PART I
A. (1.) EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS OUTFALL 002
[15A NCAC 02B .0400 et seq., 02B .0500 et seq.] Grade II Biological Control System
During the period beginning on the effective date of this permit and lasting until expiration,the Permittee is
authorized to discharge from Outfall 002. Such discharges shall be limited and monitored by the Permittee as
specified below:
Effluent Limits Monitoring
Characteristics Requirements
Monthly Daily Measurement Sample Sample
Average Maximum Frequency Type Location 1
Flow 0.500 MGD Continuous Recording I or E
Total Suspended Solids(TSS) 189.0 lbs/day 371.0 lbs/day 1/Week Composite 2 E
BOD5,20°C 147.0 lbs/day 256.0 lbs/day 1/Week Composite 2 E
NH3-N(April 1-October 31) 13.0 lbs/day 26.0 lbs/day 1/Week Composite 2 E
NH3-N(November 1—March 31) 26.0 lbs/day 52.0 lbs/day 1/Week Composite 2 E
Fecal Coliform(geometric mean 1/Week Grab E
Total Residual Chlorine 3 28.0 /L 1/Week Grab E
Temperature(°C)4 1/Week Grab E
Dissolved Oxygen 4,5 1/Week Grab E
H Between 6.0 and 9.0 S.U. 1/Week Grab E
Total Nitrogen(NO2+NO3+TKN) 1/Quarter Composite 2 E
Total Phosphorus 1/Quarter Composite 2 E
Acute Toxicity 3,6 1/Quarter Composite 2 E
Dissolved Oxygen 7 1/Week Grab U&D
Temperature(°C)7 1/Week Grab U&D
Conductivity 7 1/Week Grab U&D
40 Applicable PFAS compounds 8 Quarterly Grab E
Footnotes:
1. E=Effluent;I=Influent;U=upstream 2 mi. from Outfall.D=downstream, 100 yards upstream of Lock and Dam#3.
2. Composite samples must be refrigerated.
3. Total Residual Chlorine(TRC)-The Division shall consider all effluent total residual chlorine values reported below 50
µg/L to be in compliance with the permit. However,the Permittee shall continue to record and submit all values
reported by a North Carolina certified laboratory(including field certified),even if these values fall below 50 µg/L.
4. The Permittee shall collect the effluent samples for dissolved oxygen,temperature and acute toxicity from the box
combining effluents of Outfalls 001 and 002.
5. Effluent dissolved oxygen(DO)shall not fall below 5.0 mg/L.
6. Whole Effluent Toxicity(WET)testing;acute toxicity P/F at 90%using Fathead Minnow. WET tests shall be
conducted in February,May,August,and November[See Part A.(4.)].
7. Receiving Stream Monitoring—As a member of the Middle Cape Fear River Basin Association,the Permittee's instream
monitoring responsibilities are hereby waived by Memorandum of Agreement.However, should this membership
terminate for any reason,the Permittee shall notify the Division immediately,and the Permittee shall immediately
resume instream monitoring requirements,as specified herein.
8. Please see Special Condition A.(8.).
The Permittee shall add no chromium,zinc,or copper to the treatment system except as pre-approved additives
to biocide compounds or those resulting from the normal degradation of process piping or equipment.
The Permittee shall discharge no floating solids or foam visible in other than trace amounts.
Page 3 of 11
NC0003719
A. (2.) EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS [15A NCAC 02B
.0400 et seq., 02B .0500 et seq.]
During the period beginning on the effective date of the permit and lasting until expiration,the Permittee is
authorized to discharge from Outfall 002. Such discharges shall be limited and monitored by the Permittee for
OCPSF parameters, as specified below:
Effluent Monitoring
Characteristics Limits Requirements
DAILY MONTHLY Measurement Sample Sample
MAXIMUM AVERAGE Frequency Type Location
(pounds/day) (pounds/day)
Acenaphthene 0.074 0.028 1/Year Grab Effluent
Acenaphthylene 0.074 0.028 1/Year Grab Effluent
Acrylonitrile 0.303 0.120 1/Year Grab Effluent
Anthracene 0.074 0.028 1/Year Grab Effluent
Benzene 0.170 0.046 1/Year Grab Effluent
Benzo(a)anthracene 0.074 0.028 1/Year Grab Effluent
3,4-Benzofluoranthene 0.076 0.029 1/Year Grab Effluent
Benzo(k)fluoranthene 0.074 0.028 1/Year Grab Effluent
Benzo(a)pyrene' 0.726 µg/L 0.726 µg/L 1/Year Grab Effluent
Bis(2-ethylhexyl)phthalate 0.349 0.129 1/Year Grab Effluent
Carbon Tetrachloride 0.048 0.023 1/Year Grab Effluent
Chlorobenzene 0.035 0.019 1/Year Grab Effluent
Chloroethane 0.335 0.130 1/Year Grab Effluent
Chloroform 0.058 0.026 1/Year Grab Effluent
2-Chlorophenol 0.123 0.039 1/Year Grab Effluent
Chrysene 0.074 0.028 1/Year Grab Effluent
Di-n-butyl phthalate 0.071 0.034 1/Year Grab Effluent
1,2-Dichlorobenzene 0.204 0.096 1/Year Grab Effluent
1,3-Dichlorobenzene 0.055 0.039 1/Year Grab Effluent
1,4-Dichlorobenzene 0.035 0.019 1/Year Grab Effluent
1,1-Dichloroethane 0.074 0.028 1/Year Grab Effluent
1,2-Dichloroethane 0.264 0.085 1/Year Grab Effluent
1,1-Dichloroethylene 0.031 0.020 1/Year Grab Effluent
1,2-trans-Dichloroethylene 0.068 0.026 1/Year Grab Effluent
2,4-Dichlorophenol 0.140 0.049 1/Year Grab Effluent
1,2-Dichloropropane 0.288 0.191 1/Year Grab Effluent
1,3-Dichloropropene 0.055 0.036 1/Year Grab Effluent
Diethyl phthalate 0.254 0.101 1/Year Grab Effluent
2,4-Dimethylphenol 0.045 0.023 1/Year Grab Effluent
Dimethyl phthalate 0.059 0.024 1/Year Grab Effluent
4,6-Dinitro-o-cresol 0.347 0.098 1/Year Grab Effluent
2,4-Dinitrophenol 0.154 0.089 1/Year Grab Effluent
2,4-Dinitrotoluene 0.357 0.141 1/Year Grab Effluent
2,6-Dinitrotoluene 0.802 0.319 1/Year Grab Effluent
Ethylbenzene 1 0.135 0.040 1 1/Year Grab Effluent
Fluoranthene 1 0.085 0.031 1/Year Grab Effluent
[Part A. (2.) continues on next page]
Page 4 of 11
NC0003719
A. (2.) EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS
(OCPSF-Continued) [15A NCAC 02B .0400 et seq., 02B .0500 et seq.]
Effluent
Characteristics Limits Monitoring Requirements
DAILY MONTHLY Measurement Sample Sample
MAXIMUM AVERAGE
( ounds/da ) (pounds/day ) Frequency Type Location
Fluorene 0.074 0.028 1/Year Grab Effluent
Hexachlorobenzenel 0.441 µg/L 0.441 µg/L 1/Year Grab Effluent
Hexachlorobutadiene 0.061 0.025 l/Year Grab Effluent
Hexachloroethane 0.068 0.026 l/Year Grab Effluent
Methyl Chloride 0.238 0.108 1/Year Grab Effluent
Methylene Chloride 0.111 0.050 1/Year Grab Effluent
Naphthalene 0.074 0.028 l/Year Grab Effluent
Nitrobenzene 0.085 0.034 l/Year Grab Effluent
2-Nitrophenol 0.086 0.051 l/Year Grab Effluent
4-Nitrophenol 0.155 0.090 l/Year Grab Effluent
Phenanthrene 0.074 0.028 l/Year Grab Effluent
Phenol 0.033 0.019 l/Year Grab Effluent
Pyrene 0.084 0.031 1/Year Grab Effluent
Tetrachloroethylene 0.070 0.028 l/Year Grab Effluent
Toluene 0.100 0.033 1/Year Grab Effluent
1,2,4-Trichlorobenzene 0.175 0.085 l/Year Grab Effluent
1,1,1-Trichloroethane 0.068 0.026 l/Year Grab Effluent
1,1,2-Trichloroethane 0.068 0.026 l/Year Grab Effluent
Trichloroeth lene 0.068 0.026 1/Year Grab Effluent
Vinyl Chloride 0.335 0.130 l/Year Grab Effluent
Total PAH' 173.7 /L 173.7 /L 1/Year Grab Effluent
114 Dioxane Monitor and Report /L Monthly Grab Effluent
Merc Method 1631E), Monitor and Report n /L 1/Year Grab Effluent
Notes:
1. Water-quality based limit.
Page 5 of 11
NC0003719
A. (3) EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS OUTFALL 001
[15A NCAC 02B .0400 et seq., 02B .0500 et seq.]
During the period beginning on the effective date of the permit and lasting until permit expiration,the Permittee is
authorized to discharge from outfall 001 (Non-Contact Cooling Water and Stormwater). Such discharges shall be
limited and monitored by the permittee as specified below:
Effluent Limits Monitoring
Characteristics Requirements
Monthly Daily Measurement Sample Sample
Average Maximum Frequency Type Location 1
Flow Monthly Grab E
Total Suspended Solids 30.0 m /L 100.0 m /L Monthly Grab E
Oil&Grease Monthly Grab E
Total Residual Chlorine 28.0 /L Monthly Grab E
H Between 6.0 and 9.0 S.U. Monthly Grab E
Notes:
1. Sample Location E- Samples to be collected before comingling with the WWTP effluent.
A. (4.) ACUTE TOXICITY PASS/FAIL PERMIT LIMIT (QUARTERLY) [15A NCAC 02B
.0200 et seq.]
The permittee shall conduct acute toxicity tests on a quarterly basis using protocols defined in the North
Carolina Procedure Document entitled"Pass/Fail Methodology for Determining Acute Toxicity In A
Single Effluent Concentration" (Revised December 2010 or subsequent versions). The monitoring shall
be performed as a Fathead Minnow (Pimephales promelas) 24-hour static test. The effluent
concentration at which there may be at no time significant acute mortality is 90% (defined as treatment
two in the procedure document). The tests will be performed during the months of February,May,
August,and November. These months signify the first month of each three-month toxicity testing
quarter assigned to the facility. Effluent sampling for this testing must be obtained during
representative effluent discharge and shall be performed at the NPDES permitted final effluent discharge
below all treatment processes.
Should any single quarterly monitoring indicate a failure to meet specified limits,then monthly
monitoring will begin immediately until such time that a single test is passed. Upon passing,this
monthly test requirement will revert to quarterly in the months specified above.
All toxicity testing results required as part of this permit condition will be entered on the Effluent
Discharge Monitoring Form (MR-1) for the month in which it was performed, using the parameter code
TGE6C. Additionally, DWR Form AT-2 (original) is to be sent to the following address:
Attention: North Carolina Division of Water Resources
Water Sciences Section/Aquatic Toxicology Branch
1621 Mail Service Center
Raleigh,North Carolina 27699-1621
Or, results can be sent to the email: ATForms.ATBkncdenr.gov
Page 6 of 11
NC0003719
Completed Aquatic Toxicity Test Forms shall be filed with the Water Sciences Section no later than 30
days after the end of the reporting period for which the report is made.
Test data shall be complete and accurate and include all supporting chemical/physical measurements
performed in association with the toxicity tests, as well as all dose/response data. Total residual chlorine
of the effluent toxicity sample must be measured and reported if chlorine is employed for disinfection of
the waste stream.
Should there be no discharge of flow from the facility during a month in which toxicity monitoring is
required, the permittee will complete the information located at the top of the aquatic toxicity (AT) test
form indicating the facility name, permit number,pipe number, county, and the month/year of the report
with the notation of"No Flow" in the comment area of the form. The report shall be submitted to the
Water Sciences Section at the address cited above.
Should the permittee fail to monitor during a month in which toxicity monitoring is required, then
monthly monitoring will begin immediately until such time that a single test is passed. Upon passing,
this monthly test requirement will revert to quarterly in the months specified above. Assessment of
toxicity compliance is based on the toxicity testing quarter, which is the three-month time interval that
begins on the first day of the month in which toxicity testing is required by this permit and continues
until the final day of the third month.
Should any test data from either these monitoring requirements or tests performed by the North Carolina
Division of Water Resources indicate potential impacts to the receiving stream, this permit may be re-
opened and modified to include alternate monitoring requirements or limits.
NOTE: Failure to achieve test conditions as specified in the cited document, such as minimum control
organism survival and appropriate environmental controls, shall constitute an invalid test and will
require immediate follow-up testing to be completed no later than the last day of the month following
the month of the initial monitoring.
A. (5.) BIOCIDE APPROVAL [G.S. 143-215, 143-215.1]
The Permittee shall obtain approval from the Division's Aquatic Toxicology Unit prior to discharging any biocide
(not previously approved by the Division)under this permit. The Permittee shall request approval of any new
unauthorized biocide at least 90 days in advance of planned usage.
Contact the Aquatic Toxicology Unit for detailed instructions on requesting biocide approval:
NC DEQ/DWR/Aquatic Toxicology Branch
1621 Mail Service Center
Raleigh,North Carolina 27699-1621
A. (6.) LABORATORY TEST-METHOD QUANTITATION LEVELS AND COMPLIANCE
[G.S. 143-215.66]
For any given parameter,the Permittee must apply a state-certified analytical test method with a practical
quantitation level(PQL)at or below the NPDES permit limit. If such level of analytical sensitivity is not
technologically feasible,the Permittee shall employ a state-certified analytical method with the lowest available
Page 7 of 11
NC0003719
test-method PQL, and values reported as"not detected"by this lowest available PQL shall be deemed
"compliant"with this permit. The Permittee shall report on its Discharge Monitoring Reports the actual laboratory
results for each effluent sample tested.
A. (7.) ELECTRONIC REPORTING OF MONITORING REPORTS [G.S. 143-215.1(b)]
Federal regulations require electronic submittal of all discharge monitoring reports(DMRs)and program reports.
The final NPDES Electronic Reporting Rule was adopted and became effective on December 21,2015.
NOTE: This special condition supplements or supersedes the following sections within Part II of this permit
(Standard Conditions for NPDES Permits):
• Section B. (11.) Signatory Requirements
• Section D. (2.) Reporting
• Section D. (6.) Records Retention
• Section E. (5.) Monitoring Reports
1. Reporting Requirements [Supersedes Section D. (2.) and Section E. (5.) (a)1
The permittee shall report discharge monitoring data electronically using the NC DWR's Electronic
Discharge Monitoring Report(eDMR) internet application.
Monitoring results obtained during the previous month(s) shall be summarized for each month and submitted
electronically using eDMR. The eDMR system allows permitted facilities to enter monitoring data and
submit DMRs electronically using the internet. Until such time that the state's eDMR application is
compliant with EPA's Cross-Media Electronic Reporting Regulation(CROMERR),permittees will be
required to submit all discharge monitoring data to the state electronically using eDMR and will be required
to complete the eDMR submission by printing, signing, and submitting one signed original and a copy of the
computer printed eDMR to the following address:
NC DEQ/Division of Water Resources/Water Quality Permitting Section
ATTENTION: Central Files
1617 Mail Service Center
Raleigh,North Carolina 27699-1617
If a permittee is unable to use the eDMR system due to a demonstrated hardship or due to the facility being
physically located in an area where less than 10 percent of the households have broadband access,then a
temporary waiver from the NPDES electronic reporting requirements may be granted and discharge
monitoring data may be submitted on paper DMR forms(MR 1, 1.1,2, 3)or alternative forms approved by
the Director. Duplicate signed copies shall be submitted to the mailing address above. See"How to Request
a Waiver from Electronic Reporting" section below.
Regardless of the submission method,the first DMR is due on the last day of the month following the
issuance of the permit or in the case of a new facility,on the last day of the month following the
commencement of discharge.
Starting on December 21,2025,the permittee must electronically report the following compliance
monitoring data and reports,when applicable:
• Sewer Overflow/Bypass Event Reports;
• Pretreatment Program Annual Reports; and
• Clean Water Act(CWA) Section 316(b)Annual Reports.
Page 8 of 11
NC0003719
The permittee may seek an electronic reporting waiver from the Division(see "How to Request a Waiver
from Electronic Reporting"section below).
2. Electronic Submissions
In accordance with 40 CFR 122.41(1)(9),the permittee must identify the initial recipient at the time of each
electronic submission. The permittee should use the EPA's website resources to identify the initial recipient
for the electronic submission.
Initial recipient of electronic NPDES information from NPDES-regulated facilities means the entity(EPA or
the state authorized by EPA to implement the NPDES program)that is the designated entity for receiving
electronic NPDES data[see 40 CFR 127.2(b)].
EPA plans to establish a website that will also link to the appropriate electronic reporting tool for each type of
electronic submission and for each state. Instructions on how to access and use the appropriate electronic
reporting tool will be available as well. Information on EPA's NPDES Electronic Reporting Rule is found at:
http://www2.epa.gov/compliance/final-national-pollutant-discharge-elimination-system-npdes-electronic-
reporting-rule.
Electronic submissions must start by the dates listed in the"Reporting Requirements" section above.
3. How to Request a Waiver from Electronic Reporting
The permittee may seek a temporary electronic reporting waiver from the Division. To obtain an electronic
reporting waiver, a permittee must first submit an electronic reporting waiver request to the Division.
Requests for temporary electronic reporting waivers must be submitted in writing to the Division for written
approval at least sixty(60)days prior to the date the facility would be required under this permit to begin
submitting monitoring data and reports. The duration of a temporary waiver shall not exceed 5 years and
shall thereupon expire. At such time,monitoring data and reports shall be submitted electronically to the
Division unless the permittee re-applies for and is granted a new temporary electronic reporting waiver by the
Division. Approved electronic reporting waivers are not transferrable. Only permittees with an approved
reporting waiver request may submit monitoring data and reports on paper to the Division for the period that
the approved reporting waiver request is effective.
Information on eDMR and the application for a temporary electronic reporting waiver are found on the
following web page:
htq2:Hdeq.nc.gov/about/divisions/water-resources/edmr
4. Signatory Requirements [Supplements Section B. (11.)(b) and Supersedes Section B. (11.)(d)1
All eDMRs submitted to the permit issuing authority shall be signed by a person described in Part 11, Section
B. (11.)(a)or by a duly authorized representative of that person as described in Part 11, Section B. (11.)(b). A
person, and not a position,must be delegated signatory authority for eDMR reporting purposes.
For eDMR submissions,the person signing and submitting the DMR must obtain an eDMR user account and
login credentials to access the eDMR system. For more information on North Carolina's eDMR system,
registering for eDMR and obtaining an eDMR user account,please visit the following web page:
http://deq.nc.gov/about/divisions/water-resources/edmr
Page 9 of 11
NC0003719
Certification. Any person submitting an electronic DMR using the state's eDMR system shall make the
following certification [40 CFR 122.22]. NO OTHER STATEMENTS OF CERTIFICATION WILL BE
ACCEPTED:
7 certify, under penalty of law, that this document and all attachments were prepared under my direction or
supervision in accordance with a system designed to assure that qualified personnel properly gather and
evaluate the information submitted. Based on my inquiry of the person or persons who manage the system, or
those persons directly responsible for gathering the information, the information submitted is, to the best of
my knowledge and belief, true, accurate, and complete. I am aware that there are significant penalties for
submitting false information, including the possibility of fines and imprisonment for knowing violations."
5. Records Retention [Supplements Section D. (6.)]
The permittee shall retain records of all Discharge Monitoring Reports, including eDMR submissions. These
records or copies shall be maintained for a period of at least 3 years from the date of the report. This period may
be extended by request of the Director at any time [40 CFR 122.41].
A. (8.) PFAS MONITORING IN THE EFFELUENT [G.S. 143-215.1(b)]
The facility shall employ method 1633 for analyzing PFAS compounds. The analysis shall be conducted
quarterly. Results of the PFAS analysis shall be submitted to the DEQ on the DMR.
Page 10 of 11
NC0003719
J 1-95
Wi—
NO
Hwy 53 I
� A
,. •-�• Outfall001
Outfall 002
-_ ✓ J O ��.-- Y.
4 03 .•
l ;
DAK Americas WWTP
Cumberland County Facility Location (not to scale)
Latitude: 34'58'08" N Permitted Flow: 0.5 MGD
Longitude: 78°46'58" W Stream Class: C Y
Receiving Stream:Cape Fear River HUC: 03030004
Drainage Basin:Cape Fear River Basin Sub-Basin:03-06-15 N
State Grid: H23NE
NPDES Permit NC0003719
Page 11 of 11