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HomeMy WebLinkAboutNC0041386_Renewal (Application)_20230622ROY COOPER Governor ELIZABETH S. BISER Secretary RICHARD E. ROGERS, JR. Director Robert Peele NC Department of Commerce PO Box 549 Wanchese, NC 27981-0549 Subject: Permit Renewal Application No. NCO041386 Wanchese Marine Industrial Park WWTP Dare County DearPermittee: NORTH CAROLINA Environmental Quality June 22, 2023 The Water Quality Permitting Section acknowledges the March 10, 2023 receipt of your permit renewal application and supporting documentation. Your application will be assigned to a permit writer within the Section's NPDES WW permitting branch. Per G.S. 150B-3 your current permit does not expire until permit decision on the application is made. Continuation of the current permit is contingent on timely and sufficient application for renewal of the current permit. The permit writer will contact you if additional information is required to complete your permit renewal. Please respond in a timely manner to requests for additional information necessary to allow a complete review of the application and renewal of the permit. Information regarding the status of your renewal application can be found online using the Department of Environmental Quality's Environmental Application Tracker at: https•//deq nc gov/permits-regulations/permit-guidance/environmental-application-tracker If you have any additional questions about the permit, please contact the primary reviewer of the application using the links available within the Application Tracker. Sincerely, Cynthia Demery Administrative Assistant Water Quality Permitting Section ec: WQPS Laserfiche File w/application North Carolina Department of Environmental Quaky I Division of Water Resources D_E Washington Regional Office 1 943 Washington Square Mail I Washington North Carolina 27889 252.946b481 Quible Quible & Associates, P.C. ENGINEERING • ENVIRONMENTAL SCIENCES • PLANNING • SURVEYING March 8, 2023 SINCE 1959 Mr. John Hennessy NC DEQ / DWR / NPDES Unit 1617 Mail Service Center Raleigh, NC 27699-1617 Re: Wanchese Marine Industrial Park NPDES Permit #NC0041386 Permit Renewal Dear Mr. Hennessy, RECEIVED MAR 10 2023 P.O. Drawer 870 IGtty Hawk NC 27949 Phone: 252-491-8147 Fax: 252-491-8146 web: quible.com k.ase6lche NCDEQ/DWR/NPD 1,7 Please find attached the following materials intended to qualify as an NPDES Renewal Pac�ka f r the Wanchese Marine Industrial Park:re • NPDES Application for Permit Renewal -EPA form 1; • NPDES Application for Permit Renewal -EPA form 2C; • USGS Topographic Quadrangle -Oregon Inlet with Site and Outfall Identified; • Exhibit A -Wastewater Treatment System Summary & Schematic; • Agent Authorization Letter; • Copy of existing NPDES permit, Issued 2020. By submitting this application package and on behalf of the WMIP, we respectfully request renewal of NPDES Permit #NC 0041386. Please note, the wastewater Treatment Plant is constructed, but is not in service. The WMIP is currently in the process of contracting a wastewater plant operator and installing connections between existing facilities and the treatment plant. The WMIP anticipates bringing the facility online within the next few months. Please also note that sampling has not been completed at this time; we respectfully request additional guidance from the State on the required sampling location prior to obtaining the required baseline samples. Although this package includes EPA Form 1 and 2C as instructed, it should be noted that the wastewater treatment plant is anticipated to treat domestic waste and, a majority of the proposed connections include bathrooms associated with offices and a local restaurant. During the recent construction it was determined that a floor drain may be connected to the central wastewater system and will need to be treated by the wastewater treatment facility once it comes on line. If you have any question or need any further information, please do not hesitate to contact the undersigned at 252.491.8147 or via email at ctambone@quible.com. Sincerely, Quible & Associates, P.C. Christiana Tambone, P.M.P. cc Bob Peele, Director WMIP file enc as bulleted United States Office of Water EPA Form 3510-1 Environmental Protection Agency Washington, D.C. Revised March 2019 Water Permits Division � E�► Application Form 1 General Information NPDES Permitting Program RECEIVED MAR 10 �323 NCDEQ/DWR/NPDES Note: All applicants to the National Pollutant Discharge Elimination System (NPDES) permits program, with the exception of publicly owned treatment works and other treatment works treating domestic sewage, must complete Form 1. Additionally, all applicants must complete one or more of the following forms: 213, 2C, 2D, 2E, or 2F. To determine the specific forms you must complete, consult the "General Instructions" for this form. EPA Identification Number NPDES Permit Number Facility Name Form Approved 03/05/19 NCO041386 Wanchese Seafood Industrial OMB No. 2040-0004 U.S. Environmental Protection Agency Form 1 �=%EPA Application for NPDES Permit to Discharge Wastewater NPDES GENERAL INFORMATION SECTION•NPDES 1.1 Applicants Not Required to Submit Form 1 1.1.1 Is the facility a new or existing publicly owned 1.1.2 Is the facility a new or existing treatment works treatment works? treating domestic sewage? If yes, STOP. Do NOT complete ❑ No If yes, STOP. Do NOT ❑ No Form 1. Complete Form 2A. complete Form 1. Complete Form 2S. 1.2 Applicants Required to Submit Form 1 1.2.1 Is the facility a concentrated animal feeding 1.2.2 Is the facility an existing manufacturing, operation or a concentrated aquatic animal commercial, mining, or silvicultural facility that is a production facility? currently discharging process wastewater? oYes + Complete Form 1 0 No ❑ Yes 4 Complete Form No rL and Form 26. 1 and Form 2C. 1.2.3 Is the facility a new manufacturing, commercial, 1.2.4 Is the facility a new or existing manufacturing, mining, or silvicultural facility that has not yet commercial, mining, or silvicultural facility that = commenced to discharge? discharges only nonprocess wastewater? Yes -* Complete Form 1 �✓ No ❑ Yes 4 Complete Form No and Form 2D. 1 and Form 2E. 1.2.5 Is the facility a new or existing facility whose '— discharge is composed entirely of stormwater a associated with industrial activity or whose discharge is composed of both stormwater and non-stormwater? ❑ Yes 4 Complete Form 1 No and Form 2F unless exempted by 40 CFR 122.26(b)(14)(x) or b 15 . SECTION•D- • • Facility Name 2.1 Wanchese Seafood Industrial Park 2.2 EPA Identification Number :r`0 0 J a R 2.3 Facility Contact COT Name (first and last) Title Phone number a Bob Peele Director, NC Dept of Commerce (252) 473-5867 rn Email address cc bpeele@nccommerce.com 4 2.4 Facility Mailing Address cc ccStreet or P.O. box z PO Box 549 City or town State ZIP code Wanchese NC 27981 EPA Form 3510-1 (revised 3-19) Page 1 EPA Identification Number NPDES Permit Number Facility Name Form Approved 03/05/19 NCO041386 Wanchese Seafood Industrial OMB No. 2040-0004 2.5 Facility Location wStreet, route number, or other specific identifier Q V 615 Harbor Road CD c c County name County code (if known) c Dare City or town State ZIP code `° z R Wanchese NC 27981 • •DI Description (optional) 3.1 SIC Code(s) d 0 U N c.� z 3.2 NAICS Code(s) Description (optional) -o c �a C� y Name of Operator 4.1 Bob Peele 0 4.2 Is the name you listed in Item 4.1 also the owner? ❑� Yes ❑ No 4.3 Operator Status 0 ❑ Public —federal ❑ Public —state ❑ Other public (specify) o ElPrivate ❑ Other (specify) 4.4 Phone Number of Operator (252) 471-5867 4.5 Operator Address Street or P.O. Box A CD PO Box 549 c w City or town State ZIP code `o o Wanchese NC 27981 a V o. Email address of operator O bpeele@nccommerce.com SECTION -I Is the facility located on Indian Land? 5.1 c e ❑ Yes ❑✓ No EPA Form 3510-1 (revised 3-19) Page 2 EPA Identification Number NPDES Permit Number Facility Name Form Approved 03/05/19 NCO041386 Wanchese Seafood Industrial OMB No. 2040-0004 EECTION 6. EXISTING ENVIRONMENTAL1 6.1 Existing Environmental Permits (check all that apply and print or type the corresponding permit number for each) d ❑✓ NPDES (discharges to surface ❑ RCRA (hazardous wastes) ❑ UIC (underground injection of cY water) fluids) •� NCO041386 w a ❑ PSD (air emissions) ❑ Nonattainment program (CAA) ❑ NESHAPs (CAA) rn c ❑ Ocean dumping (MPRSA) ❑ Dredge or fill (CWA Section 404) ❑ Other (specify) 7.1 Have you attached a topographic map containing all required information to this application? (See instructions for cc specific requirements.) 2 ❑✓ Yes ❑ No ❑ CAFO—Not Applicable (See requirements in Form 2B.) 8.1 Describe the nature of your business. The wastewater treatment plant serves the surrounding facilities at the Wanchese Seafood Industrial Park. Typical facilities include, but are not limited to, offices, restaurants, multiple warehouse facilities, and boat charter facilities. y H d C 3 m 0 O d 7 is Z 9.1 Does your facility use cooling water? ❑ Yes ❑✓ No 4 SKIP to Item 10.1. C w 9.2 Identify the source of cooling water. (Note that facilities that use a cooling water intake structure as described at a, w 40 CFR 125, Subparts I and J may have additional application requirements at 40 CFR 122.21(r). Consult with your NPDES permitting authority to determine what specific information needs to be submitted and when.) •o a' O Y U C 10.1 Do you intend to request or renew one or more of the variances authorized at 40 CFR 122.21(m)? (Check all that y apply. Consult with your NPDES permitting authority to determine what information needs to be submitted and when.) ❑ Fundamentally different factors (CWA ❑ Water quality related effluent limitations (CWA Section d Section 301(n)) 302(b)(2)) ❑ Non -conventional pollutants (CWA ❑ Thermal discharges (CWA Section 316(a)) Section 301(c) and (g)) ❑✓ Not applicable EPA Form 3510-1 (revised 3-19) Page 3 EPA Identification Number NPDES Permit Number Facility Name Form Approved 03/05/19 N00041386 Wanchese Seafood Industrial AM OMB No. 2040-0004 SECTION• 1 . . In Column 1 below, mark the sections of Form 1 that you have completed and are submitting with your application. 11.1 For each section, specify in Column 2 any attachments that you are enclosing to alert the permitting authority. Note that not all applicants are required to provide attachments. Column 1 Column 2 ❑✓ Section 1: Activities Requiring an NPDES Permit ❑ w/ attachments ❑✓ Section 2: Name, Mailing Address, and Location ❑ w/ attachments ❑ Section 3: SIC Codes ❑ w/ attachments ❑✓ Section 4: Operator Information ❑ w/ attachments ❑ Section 5: Indian Land ❑ w/ attachments ❑✓ Section 6: Existing Environmental Permits ❑ wl attachments d ❑✓ Section 7: Map wl topographic ❑✓ ❑ wl additional attachments map N ` ❑✓ Section 8: Nature of Business El wl attachments .2 ❑ Section 9: Cooling Water Intake Structures ❑ w/ attachments ❑ Section 10: Variance Requests ❑ w/ attachments c c ❑ Section 11: Checklist and Certification Statement ❑ w/ attachments d 11.2 Certification Statement r U 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. Name (print or type first and last name) Official title iM%cHtaEL W. STRD�ER,�R. Q.�-c41oR��t� pG6NT (SEE Arr—rhcAenl ���czoa�oF ENy�NEE'tL�N� Signature Date signed EPA Form 3510-1 (revised 3-19) Page 4 United States Office of Water EPA Form 3510-2C Environmental Protection Agency Washington, D.C. Revised March 2019 Water Permits Division ""EPA Application Form 2C Existing Manufacturing, Commercial, Mining, and Silvicultural Operations NPDES Permitting Program Note: Complete this form and Form 1 if your facility is an existing manufacturing, commercial, mining, or silvicultural facility that currently discharges process wastewater. EPA Identification Number NPDES Permit Number Facility Name Form Approved 03/05/19 NCO041386 Wanchese Seafood Industrial OMB No. 2040-0004 Form U.S. Environmental Protection Agency 2C vEPA Application for NPDES Permit to Discharge Wastewater NPDES EXISTING MANUFACTURING, COMMERCIAL, MINING, AND SILVICULTURE OPERATIONS 1.1 1 Provide information on each of the facilil Number Receiving Water Name 1 Mill Landing Creek cc �— - O outfalls in the table below. Latitude 35' 50' 43.26" N „ Longitude 75' 37' 20.31" W e „ o, 1 2.1 1 Have you attached a line drawing to this application that shows the water flow through your facility with a water 3 balance? (See instructions for drawing requirements. See Exhibit 2C-1 at end of instructions for example.) 0 0 Yes ❑ No 3.1 For each outfall identified under Item 1.1, provide average flow and treatment information. Add additional sheets if necessary. **Outfall Number" 1 Operation Average Flow Wastewater Treatment 0.0135 mgd c mgd cc mgd a i i y mgd 3 0 Treatment Units U- 0, Description Code from Final Disposal of Solid or (include size, flow rate through each treatment unit, Table 2C-1 Liquid Wastes Other Than > retention time, etc.) by Discharge 1 EPA Form 3510-2C (Revised 3-19) Page 1 EPA Form 3510-2C (Revised 3-19) Page 2 EPA Identification Number NPDES Permit Number Facility Name Form Approved 03/05/19 NCO041386 Wanchese Seafood Industrial OMB No. 2040-0004 SECTION• 1 4.1 Except for storm runoff, leaks, or spills, are any discharges described in Sections 1 and 3 intermittent or seasonal? ❑ Yes ❑✓ No -* SKIP to Section 5. 4.2 Provide information on intermittent or seasonal flows for each applicable outtall. Attach additional pages, if n cessary. Freq uency Flow Rate Outfall Operation Duration Average Average Long -Term Maximum Number (list) Da sMeek MonthsNear Average Dail days/week months/year mgd mgd days y 32 days/week months/year mgd mgd days U- days/week months/year mgd mgd days days/week months/year mgd mgd days ar days/week months/year mgd mgd days C days/week months/year mgd mgd days days/week months/year mgd mgd days days/week months/year mgd mgd days days/week months/year mgd mgd days SECTION"•D • Do any effluent limitation guidelines (ELGs) promulgated by EPA under Section 304 of the CWA apply to your facility? 5.1 ❑ Yes ❑✓ No 4 SKIP to Section 6. 5.2 Provide the following information on applicable El -Gs. ELG Category ELG Subcategory Regulatory Citation W d a �v .n n Q 5.3 Are any of the applicable El -Gs expressed in terms of production (or other measure of operation)? ❑ Yes ❑✓ No 4 SKIP to Section 6. 0 5.4 Provide an actual measure of daily production expressed in terms and units of applicable ELGs. J O Number Operation, Product, or Material Quantity per Day Unit r Measure � W m c 0 0 a EPA Form 3510-2C (Revised 3-19) Page 3 EPA Identification Number NPDES Permit Number Facility Name Form Approved 03/05/19 NCO041386 Wanchese Seafood Industrial OMB No. 2040-0004 IMPROVEMENTSSECTION 6. 6.1 Are you presently required by any federal, state, or local authority to meet an implementation schedule for constructing, upgrading, or operating wastewater treatment equipment or practices or any other environmental programs that could affect the discharges described in this application? ❑ Yes ❑✓ No -* SKIP to Item 6.3. 6.2 Briefly identify each applicable project in the table below. Affected Final Compliance Dates £ Brief Identification and Description of Outfalls Source(s) of c Project (list outfall Discharge Required Projected a number a c N d -O A CL n 6.3 Have you attached sheets describing any additional water pollution control programs (or other environmental projects that may affect your discharges) that you now have underway or planned? (optional item) ❑ Yes ❑ No ✓❑ Not applicable SECTION 7. EFFLUENT AND INTAKE CHARACTERISTICS i See the instructions to determine the pollutants and parameters you are required to monitor and, in turn, the tables you must complete. Not all applicants need to complete each table. Table A. Conventional and Non -Conventional Pollutants 7.1 Are you requesting a waiver from your NPDES permitting authority for one or more of the Table A pollutants for any of your outfalls? ❑ Yes ❑✓ No 4 SKIP to Item 7.3. 7.2 If yes, indicate the applicable outfalls below. Attach waiver request and other required information to the application. Outfall Number Outfall Number Outfall Number 7.3 Have you completed monitoring for all Table A pollutants at each of your outfalls for which a waiver has not been N requested and attached the results to this application package? Monitoring and sampling has not been No; a waiver has been requested from my NPDES ❑ Yes ❑permitting conducted at this time authority for all pollutants at all outfalls. Table B. Toxic Metals, Cyanide, Total Phenols, and Organic Toxic Pollutants Y 7.4 Do any of the facility's processes that contribute wastewater fall into one or more of the primary industry categories listed in Exhibit 2C-3? (See end of instructions for exhibit.) ❑ Yes ✓❑ No 4 SKIP to Item 7.8. 7.5 Have you checked "Testing Required" for all toxic metals, cyanide, and total phenols in Section 1 of Table B? UJ w ❑ Yes ❑ No 7.6 List the applicable primary industry categories and check the boxes indicating the required GC/MS fraction(s) identified in Exhibit 2C-3. Primary Industry Category Required GC/MS Fraction(s) Check applicable boxes. ❑ Volatile ❑ Acid ❑ Base/Neutral ❑ Pesticide ❑ Volatile ❑ Acid ❑ Base/Neutral ❑ Pesticide ❑ Volatile ❑ Acid ❑ Base/Neutral ❑ Pesticide EPA Form 3510-2C (Revised 3-19) Page 4 EPA Identification Number NPDES Permit Number Facility Name Form Approved 03/05/19 NCO041386 Wanchese Seafood Industrial P;; rk rJ OMB No. 2040-0004 7.7 Have you checked 'Testing Required" for all required pollutants in Sections 2 through 5 of Table B for each of the GC/MS fractions checked in Item 7.6? ❑ Yes ❑ No 7.8 Have you checked 'Believed Present' or "Believed Absent' for all pollutants listed in Sections 1 through 5 of Table B where testing is not required? ❑e Yes ❑ No 7.9 Have you provided (1) quantitative data for those Section 1, Table B, pollutants for which you have indicated testing is required or (2) quantitative data or other required information for those Section 1, Table B, pollutants that you have indicated are 'Believed Present' in your discharge? 0 Yes ❑ No 7.10 Does the applicant qualify for a small business exemption under the criteria specified in the instructions? ❑ Yes -* Note that you qualify at the top of Table B, ❑ No o d then SKIP to Item 7.12. 7.11 Have you provided (1) quantitative data for those Sections 2 through 5, Table B, pollutants for which you have c determined testing is required or (2) quantitative data or an explanation for those Sections 2 through 5, Table B, pollutants you have indicated are "Believed Present' in your discharge? w Yes ❑ No 0 Table C. Certain Conventional and Non -Conventional Pollutants 7.12 Have you indicated whether pollutants are "Believed Present' or `Believed Absent' for all pollutants listed on Table C cc for all outfalls? Y ❑✓ Yes ❑ No c 7.13 Have you completed Table C by providing (1) quantitative data for those pollutants that are limited either directly or indirectly in an ELG and/or (2) quantitative data or an explanation for those pollutants for which you have indicated 'Believed Present'? 3 ❑✓ Yes ❑ No w Table D. Certain Hazardous Substances and Asbestos 7.14 Have you indicated whether pollutants are "Believed Present' or `Believed Absent' for all pollutants listed in Table D for all outfalls? 0 Yes ❑ No 7.15 Have you completed Table D by (1) describing the reasons the applicable pollutants are expected to be discharged and (2) by providing quantitative data, if available? ❑ Yes ❑ No Table E. 2,3 7 8-Tetrachlorodibenzo- -Dioxin 2 3 7 8-TCDD 7.16 Does the facility use or manufacture one or more of the 2,3,7,8-TCDD congeners listed in the instructions, or do you know or have reason to believe that TCDD is or may be present in the effluent? ❑ Yes 4 Complete Table E. ❑✓ No 4 SKIP to Section 8. 7.17 Have you completed Table E by reporting qualitative data for TCDD? ❑ Yes ❑ No SECTIONOR MANUFACTURED TOXICSi Is any pollutant listed in Table B a substance or a component of a substance used or manufactured at your facility as 8.1 an intermediate or final product or byproduct? w ❑ Yes ❑✓ No + SKIP to Section 9. 3 8.2 List the pollutants below. c •2 1. 4. 7. 0 d y 2. 5. 8. 3. 6. 9. EPA Form 3510-2C (Revised 3-19) Page 5 EPA Identification Number NPDES Permit Number Facility Name Form Approved 03/05/19 NCO041386 I Wanchese Seafood Industrial OMB No. 2040-0004 9.1 Do you have any knowledge or reason to believe that any biological test for acute or chronic toxicity has been made within the last three years on (1) any of your discharges or (2) on a receiving water in relation to your discharge? ❑ Yes ❑✓ No 4 SKIP to Section 10. 9.2 Identify the tests and their purposes below. Test(s) Purpose of Tests Submitted to NPDES Date Submitted p ( ) Dnrmi44inn Aai+hnri4v9 ❑ Yes ❑ No ❑ Yes ❑ No ❑ Yes ❑ No 10.1 Were any of the analyses reported in Section 7 performed by a contract laboratory or consulting firm? ❑ Yes ❑✓ No -* SKIP to Section 11. 10.2 I Provide information for each contract laboratory or consulting firm below. Laboratory Number 1 I Laboratory Number 2 Labor Name of laboratory/firm Laboratory address Phone number Pollutant(s) analyzed 11.1 Has the NPDES permitting authority requested additional information? ❑ Yes ❑✓ No + SKIP to Section 12. 11.2 List the information requested and attach it to this application. 1. 4. 2. 5. 3. 6. Number 3 EPA Form 3510-2C (Revised 3-19) Page 6 EPA Identification Number NPDES Permit Number Facility Name Form Approved 03/05/19 Wanchese Seafood Industrial OMB No. 2040-0004 SECTION 12. CHECKLIST AND CERTIFICATION STATEMENT i 12.1 In Column 1 below, mark the sections of Form 2C that you have completed and are submitting with your application. For each section, specify in Column 2 any attachments that you are enclosing to alert the permitting authority. Note that not all applicants are required to co m lete all sections or provide attachments. Column 1 Column 2 ✓❑ Section 1: Outfall Location ❑ w/ attachments ❑✓ Section 2: Line Drawing ✓❑ w/ line drawing ❑ w/ additional attachments Section 3: Average Flows and w/ list of each user of ❑ w/ attachments ❑ privately owned treatment Treatment works ❑ Section 4: Intermittent Flows ❑ w/ attachments ❑ Section 5: Production ❑ w/ attachments w/ optional additional ❑ Section 6: Improvements ❑ w/ attachments ❑ sheets describing any additional pollution control tans ❑ wl request for a waiver and ❑ w/ explanation for identical supporting information outfalls wl small business exemption w/ other attachments El ❑ 0 request co ❑ Section 7: Effluent and Intake w/ Table A ❑ w/ Table B c Characteristics 0 ❑ w/ Table C ❑ w/ Table D d ❑ w/ Table E ❑ w/ analytical results as an c� attachment A❑ Section 8: Used or Manufactured ❑ w/ attachments Toxics Section 9: Biological Toxicity El ❑ w/ attachments s Tests cj ❑ Section 10: Contract Analyses ❑ w/ attachments ❑ Section 11: Additional Information ❑ w/ attachments ❑ Section 12: Checklist and ❑ w/ attachments Certification Statement 12.2 Certification Statement 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. Name (print or type first and last name) Official title W.rrvAuvu9-GD 4G tt-4Z MIGH0,F—L W. S'TR41j-.,&W,A —, �•��5�6 4(�SSoc�O�ic.S p•�. �Q�� � si�QF ENG►��1�E�L�tiIC� Signature Date signed EPA Form 3510-2C (Revised 3-19) Page 7 EPA Identification Number NPDES Permit Number Facility Name Outfall Number Wanchese Seafood Industrial Park Form Approved 03/05/19 OMB No. 2040-0004 TABLE A. CONVENTIONAL AND NON• • POLLUTANTS Effluent Intake Pollutant Waiver Requested Units 0 tional Maximum Maximum Long -Term (specify) Daily Monthly Average Daily Number of Long -Term Number of (if applicable) Discharge Discharge Discharge Analyses Average Value Analyses (required) if available if available ❑ Check here if you have applied to your NPDES permitting authority for a waiver for all of the pollutants listed on this table for the noted outfall. �' Biochemical oxygen demand El Concentration mg/L 7.5 5.0 Mass (BOD5) 2' Chemical oxygen demand ❑ Concentration Mass (COD) Concentration 3. Total organic carbon (TOC) ❑ [Mass Concentration mg/L 30.0 20.0 4. Total suspended solids (TSS) ❑ Mass Concentration mg/L 10.0 2.0 5. Ammonia (as N) ❑ Mass 6. Flow ❑ Rate Temperature (winter) ❑ °C °C 7. Temperature (summer) ❑ °C °C pH (minimum) ❑ Standard units S.U. 8. pH (maximum) ❑ Standard units S.U. not>8.5 not <6.8 1 Sampling shall be conducted according to sufficiently sensitive test procedures (i.e., methods) approved under 40 CFR 136 for the analysis of pollutants or pollutant parameters or required under 40 CFR chapter I, subchapter N or 0. See instructions and 40 CFR 122.21(e)(3). EPA Form 3510-2C (Revised 3-19) Page 9 uocu,jign tnveiope w: ioi-koou +j 34 \� �anv•. 3434 Ch i B ��. 34 . -aZ O •1�6 0 • M. 34 S , �,ichese 34 34 r Wanchese !1N •i •`=�34 \� • ' • • �Y -� -_-may ' `,t �j .. zt .• _ � - w r J ,,` �. �� •� \``� -. to t" - z 0 - \�Creew(C) > UgM Outfall Mill Landing v t^ r r� N u \ , ri hh�t @ 2013 National Geographic Societ i-cubed CoPY �9Y, NC Department of Commerce Wanchese Marine Industrial Park WWTP NPDES Permit NCO041386 Receiving Stream: Mill Landing Creek (Mill Creek) Stream Segment: 30-21-8 Stream Class: SC River Basin: Pasquotank Sub -Basin #: 03-01-S1 County: Dare HUC: 0301020SIS02 N Ak SCALE 1:24,000 !"inMEN $A� USGS Quad: Oregon Inlet 35.844720,-75.622220 Exhibit A —Treatment System Wastewater Treatment Summary The following summary is taken from documentation provided by WMIP and previously prepared by Cavanaugh & Associates, P.A. 2009. "The proposed sanitary sewer system will be capable of treating 13,500 gpd, and a peak daily flow of 33,750 gpd; consisting of automatic screenings unit, Pre and secondary anoxic treatment, Intermittent Aerobic treatment, membrane filtration units, ultraviolet disinfection system, and , all buy the Pre -Equalization provided in duality. The treatment process improvements shall also include a waste sludge digester and pre -equalization basin. All pumps, motors, blowers, and mechanical equipment to be provided in pairs such that any given unit may accommodate the peak flow conditions with the paired unit out of service. The wastewater treatment system shall be provided with all valving, piping, controls, motors, wiring, and appurtenances required to provide a complete and functioning wastewater treatment system." HEADWORKS Two (2) mechanically cleaned Drum Screens have been furnished to catch debris at the point the influent enters the plant and are located adjacent to the walkway for easy operator access. These units deposit the dewatered debris into a collection pan which also drains the material before being emptied into covered bins for removal from the plant. PRE -EQUALIZATION BASIN (8,917 -gallons) The Pre -Equalization Basin receives and stores all flows to the Pre -Anoxic Basins in excess of the design flow of 13,500 CIPD or 9.4 gpm. The basic is provided with aeration to keep the sewage fresh and two (2) Pre -Equalization Return pumps which return the excess flow to the plant both of which can pump at 35 gpm. Also, the decanted supernatant discharges into the Pre -Equalization Basin. PRE -ANOXIC BASINS (1,773 -gallons each) The Dualized Pre -Anoxic Basins receive the screened raw wastewater from the Flow Control Box and the nitrate rich returned mixed liquor from the Intermittent Aeration Basin. The streams are mixed (not aerated) to facilitate the Denitrification process. INTERMITTENT AERATION BASINS (3,831 -gallons each) The Dualized Intermittent Aeration Basins oxidize the remaining BOD and ammonia to form nitrates and new cell mass. Denitrification is also partially done by turning off the air to the Basins and mixing the mixed liquor with the mixers. Metal salts such as liquid Alum is metered into the tanks to precipitate the soluble Phosphates. SECONDARY -ANOXIC BASINS (1,018 gallons each) The Secondary Anoxic Basins receive the mixed liquor from the Intermittent Aeration Basins and by mixing the mixed liquor with a small amount of citric acid (which provides the readily available carbon source), denitrifies the remaining nitrates before the mixture is pumped to the Membrane Bioreactor Tanks by the Mixed Liquor Feed Forward Pumps. MEMBRANE BIOREACTOR TANKS The Membrane Bioreactor Tanks hold the membranes and the violently agitated mixed liquor. The suction of the Permeate Pumps pulls the filtered water through the membranes and pumps it to the UV Disinfection units and to the Effluent Storage Tanks. UV DISINFECTION UNITS The Permeate or filtered effluent is pumped through dual UV Disinfection units for treatment with ultraviolet light to destroy the pathogens in the water. Exposure to UV light destroys a wide variety of potentially harmful microorganisms, rendering them unable to cause disease. The dosage intensity has been designed to do this by passing through only one (1) UV Unit, but two (2) are provided for backup operation. AEROBIC DIGESTER (3,242 gallons) An Aerobic Digester has been provided to digest or reduce the volatile suspended solids content of the waste activated sludge by at least 38%. Activated sludge must be wasted periodically from the MBR basins to keep the sludge concentration at the desired level. This waste sludge requires further treatment to reduce vector attraction and to reduce pathogens which may be remaining in the waste sludge. The same aeration equipment has been provided to mix and aerate the sludge. Clear liquid (supernatant) is decanted and returned to the plant effluent at the Pre -Equalization Basin. Periodically, sludge must be removed from the Digester by the contract residuals management contractor. EFFLUENT STORAGE TANKS AND BOOSTER PUMPING STATION Effluent from the UV disinfection units is pumped by the Permeate Pumps to the two (2) Effluent Storage Tanks with a total storage of 10,000 gallons. If the Effluent Storage Tanks are full, the effluent will overflow to the Effluent Storage Pond. These tanks, along with the Effluent Storage Pond, Booster Pumping Station, the effluent reuse main and a Spray Irrigation field comprise the Effluent Disposal System. RECEIVED MAR 0 2023 NC®EQ/DWR/NPDT BOX MOTORIZED DRUM SCREEN � MOTORIZED DRUM EQUIPMENT SPECIFICATIONS ID I FUNCTION I SIZE UNIT M1 [GRAVITY FLOW M2 PIPE (TYP.) C� V �RAS UNE (TYP.) M3 C� PRE -ANOXIC SECONDARY ANOXIC INTERMITTENT TANK AEROBIC TANK (1,773 GAL) TANK (1,018 GAL) ( ,831 GAL) PRE -ANOXIC IN RMITTENT EROBIC SECONDARY TANK TANK ANOXIC TANK (1,773 GAL) 831 GAL) (1,018 GAL) CP CP (ALUM) (CITRIC V1 CIO #TTE C TRIC AGD TOTE OR DRUM B1 Pt P4 B1 PRE-EQ I AEROBIC TANK DIGESTER (8,917 GAL) (3,243 GAL) Q PROCESS FLOW DIAGRAM c.e. scAla: Nrs TO SLUDGE WASTING CONNECTION MEMBRANE TANK (VOLUME PER MANUFACTUER) TURBIDITY METER MEMBRANE TANK (VOLUME PER MANUFACTUER) FLOW METER --- UV I I UV 1 L7 91D:T NUMBER C.6.1 North Carolina Department of Commerce Wanchese Marine Industrial Park Roy Cooper, Governor Machelle Baker Sanders, Secretan February 7, 2023 NC DENR / DWR / NPDES Unit 1617 Mail Service Center Raleigh, NC 27699-1617 Re: Wanchese Marine Industrial Park NPDES Permit 4NCO041386 Permit Renewal Agent Authorization Dear Mr. Tankard, Bob Peele, Director Please allow this letter to serve as authorization for Quible & Associates, P.C. to make application for the above referenced NPDES Permit Renewal. Do not hesitate to contact me at 252.473.5867 if you have any questions or require any additional information related to this matter. Sincerely, 4 -e)�& BOB PEELS Director Wanchese Marine Industrial Park North Carolina. A Better Place To Be Post Office Box 549 *Wanchcsc, North Carolina 27981 Tel: (252) 473-5867 bVcclL U nccommerce.com. An Equal Opportunity/Affirmative Action Employer DocuSign Envelope ID: 25B7A587-EE80-4C89-B2B0-99016A650147 ROY COOPER Governor MICHAEL S. REGAN Secretary S. DANIEL SMITH Director Mr. Robert Peele, Director PO Box 549 Wanchese, NC 27981-0549 Dear Mr. Peele: NORTH CAROLINA Environmental Quality 6/11/2020 Subject: NPDES PERMIT ISSUANCE NPDES Permit NCO041386 Wanchese Seafood Industrial Park WWTP Grade II Biological WPCS Dare County Division personnel have reviewed and approved your application for renewal of the subject permit. Accordingly, we are forwarding the attached final 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 final permit includes the following significant changes from the existing permit: 1. Language has been updated in Section A. (1) and Section A. (6) to require electronic submission of effluent data. Federal regulations require electronic submittal of all discharge monitoring reports (DMRs). 2. Outfall map has been updated. 3. Permit expiration date has been updated to fall within the proper subbasin. Permit has been short - cycled due to this. 4. Language on the Supplement to Permit Cover Sheet has been updated. 5. The facility grade has been added in Sections A. (1) and A. (2). 6. Updated the total residual chlorine footnote in Section A. (1). 7. Biocide condition in Section A. (3) has been updated. The final permit includes the following significant changes from the draft permit: 1. Limits and monitoring have been removed for Fecal Coliform in Sections A. (1) and A. (2) per current Division policy. This monitoring was mistakenly kept in the draft permit. If any parts, measurement frequencies or sampling requirements contained in this permit are unacceptable to you, you have the right to an adjudicatory hearing upon written request within thirty (30) days following receipt of this letter. This request must be in the form of a written petition, conforming to Chapter 150B of the North Carolina General Statutes, and filed with the Office of Administrative Hearings (6714 Mail Service Center, Raleigh, North Carolina 27699-6714). Unless such demand is made, this permit shall be final and binding. North Carolina Department of Environmental Quality I Division of Water Resources _ 512 North Salisbury Street 1 1617 Mail Service Center I Raleigh, North Carolina 27699 1617 919.707.9000 DocuSign Envelope ID: 25B7A587-EE80-4C89-B2B0-99016A650147 Mr. Robert Peele NC0041386 Issued Permit 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 any other Federal, State, or Local governmental permit that may be required. If you have any questions or need additional information, please do not hesitate to contact Brianna Young of my staff at (919) 707-3619. Sincerely, DocuSigned by: 8328B44CE9EB4A1... S. Daniel Smith Director, Division of Water Resources cc: NPDES Files Central files Washington Regional Office Warren Eadus, Quible & Associates, P.C. DocuSign Envelope ID: 25B7A587-EE80-4C89-B2B0-99016A650147 Permit NCO041386 STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENTAL QUALITY DIVISION OF WATER RESOURCES TO DISCHARGE WASTEWATER UNDER THE NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM (NPDES) 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 North Carolina Department of Commerce is hereby authorized to discharge wastewater from a facility located at the Wanchese Seafood Industrial Park WWTP 615 Harbor Road Wanchese Dare County to receiving waters designated as Mill Landing Creek (Mill Creek) in the Pasquotank River Basin in accordance with effluent limitations, monitoring requirements, and other conditions set forth in Parts I, II, III and IV hereof. The modified permit shall become effective July 1, 2020 This permit and the authorization to discharge shall expire at midnight on December 31, 2022. Signed this day 6/11/2020 DocuSigned by: 8328B44CE9EB4A1... S. Daniel Smith Director, Division of Water Resources By Authority of the Environmental Management Commission Page 1 of 10 DocuSign Envelope ID: 25B7A587-EE80-4C89-B2B0-99016A650147 Permit NCO041386 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 North Carolina Department of Commerce is hereby authorized to: 1. Upon submission of the Engineer's Certificate for construction completion, operate a domestic 0.0 13 5 MGD capacity wastewater treatment facility with the following proposed components: • influent pump station with dual influent pumps • influent flow meter • two (2) drum screening systems • flow control box • one (1) 8,917 gallon pre-EQ basin with dual return pumps and dual blowers • two (2) 1,773 gallon pre -anoxic basins each with a mixer • alum chemical feed system • two (2) 3,381 gallon intermittent aerobic basins each with a mixer and recycle pump • two (2) process blowers • two (2) 1,018 gallon secondary anoxic basins each with a mixer • citric acid chemical feed system • two (2) MBR feed pumps • two (2) 484 f12 MBR filters each with a scour blower • two (2) permeate pumps • two (2) UV disinfection systems • two (2) 5,000 gallon day storage tanks • gravity flow line to outfall • effluent flow meter This facility is located at the Wanchese Seafood Industrial Park, 615 Harbor Road, Wanchese, in Dare County. 2. No later than 180 days prior to construction of any new seafood -based wastewater treatment facility, submit the appropriate documentation in accordance with Special Condition A. (5) Approval to Operate. 3. Discharge from said treatment works at the location specified on the attached map into Mill Landing Creek (Mill Creek), a waterbody currently classified SC [Stream Segment: 30-21-8] in subbasin 03- 01-51 [HUC: 030102051502] in the Pasquotank River Basin. Page 2 of 10 DocuSign Envelope ID: 25B7A587-EE80-4C89-B2B0-99016A650147 Permit NCO041386 PART I. A. (1) EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS [15A NCAC 02B .0400 et seq., 02B .0500 at seq.] Grade II Biological WPCS [I 5A NCAC 08G .0302] After the submittal of an Engineer's Certificate, and lasting until another modification or expiration, the Permittee is authorized to discharge treated domestic wastewater from Outfall 001. Such discharges shall be limited and monitored' by the Permittee as specified below: EFFLUENT CHARACTERISTICS Parameter Code LIMITATIONS MONITORING REQUIREMENTS Monthly Averse Daily Maximum Measurement Frequency Sample Type Sample Location Flow 50050 0.0135 MGD Continuous Continuous Effluent BOD, 5 Da 20°C C0310 5.0 m /L 7.5 m /L Weekly Grab Effluent Total Suspended Solids 00530 20.0 m /L 30.0 m /L Weekly Grab Effluent Ammonia Nitrogen 00610 2.0 m /L 10.0 m /L Weekly Grab Effluent H 00400 Not < 6.8 S.U. nor > 8.5 S.U. Weekly Grab Effluent Enterococci (geometric mean 61211 35 /100 ml 276 /100 ml Weekly Grab Effluent Dissolved Oxygen 00300 Not < 6.0 m /L, daily averse Weekly Grab Effluent Dissolved Oxygen m /L 00300 Weekly Grab Downstream Temperature °C 00010 Weekly Grab Effluent Temperature °C 00010 Weekly Grab Downstream Turbidity NTU 000701 Weekly Grab Effluent Footnotes: 1. The permittee shall submit discharge monitoring reports electronically using the NC DWR's eDMR application system [see Section A. (6)]. 2. Effluent shall be monitored prior to any mixing with industrial Seafood -based wastewater. Downstream shall be monitored in the center of the mouth of Mill Landing Creek. There shall be no discharge of floating solids or visible foam in other than trace amounts. RECEIVE U_ MAR 10 7023 Page 3 of 10 DocuSign Envelope ID: 25B7A587-EE80-4C89-B2B0-99016A650147 Permit NCO041386 A. (2) EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS [15A NCAC 02B .0400 et seq., 02B .0500 at seq.] Grade II Biological WPCS [I 5A NCAC 08G .0302] During the period beginning after the Permittee receives Division authorization to discharge as outlined in Section A. (5) and the submittal of written notification to the Division that the approved discharge has commenced, and lasting until expiration, the Permittee is authorized to discharge treated industrial seafood -based wastewater from Outfall 001. Such discharges shall be limited and monitored' by the Permittee as specified below: EFFLUENT CHARACTERISTICS Parameter Code LIMITATIONS MONITORING REQUIREMENTS Monthly Average Daily Maximum Measurement Frequency Sample Type Sample Location 2 Flow 50050 0.27 MGD Continuous RecordingInfluent or Effluent BOD, 5 Da 20°C C0310 15.0 m /L 22.5 m /L Daily Effluent Total Suspended Solids 00530 30.0 m /L 45.0 m /L Daily Composite Effluent Ammonia Nitrogen 00610 2.0 m /L 10.0 m /L Daily Composite Effluent Total Residual Chlorine 3 50060 13 /L Daily Grab Effluent H 00400 Not < 6.8 S.U. nor > 8.5 S.U. Daily Grab Effluent Enterococci (geometric mean 61211 35 /100 mL 276 /100 mL Daily Grab Effluent Enterococci (# / 100mL) (October 1 — March 31) (geometric mean 61211 Weekly Grab Downstream Enterococci (# / 100mL) (April 1 — September 30) (geometric mean 61211 3/Week Grab Downstream Dissolved Oxygen 00300 Not < 5.0 m /L, daily averse Daily Grab Effluent Dissolved Oxygen (mg/L) October 1 — March 31 00300 Weekly Grab Downstream Dissolved Oxygen (mg/L) (April 1 — September 30 00300 3/Week Grab Downstream Temperature °C 00010 Daily Grab Effluent Temperature (°C) October 1 — March 31 00010 Weekly Grab Downstream Temperature (°C) (April 1 — September 30 00010 3/week Grab Downstream Oil & Grease 00556 30.0 m /L 60.0 m /L Weekly Grab Effluent Conductivity mhos/cm 00095 Daily Grab Effluent Conductivity (pmhos/cm) October 1 — March 31 00095 Weekly Grab Downstream Conductivity (pmhos/cm) (April 1 — September 30 00095 3/Week Grab Downstream Total Nitrogen m /L 4 C0600 Quarterly Composite Effluent Total Phosphorous m /L C06651 Quarterly Composite T Effluent Footnotes: 1. The permittee shall submit discharge monitoring reports electronically using the NC DWR's eDMR application system [see Section A. (6)]. Page 4 of 10 DocuSign Envelope ID: 25B7A587-EE80-4C89-B2B0-99016A650147 Permit NC0041386 2. Downstream monitoring shall be in the center of the mouth of Mill Landing Creek. 3. Limit and monitor only if the facility adds chlorine or chlorine derivatives to water that is eventually discharged. The Division shall consider all effluent TRC 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. For a given wastewater sample, TN = TKN + NO3-N + NO2-N, where TN is total nitrogen, TKN is total Kjeldahl Nitrogen, and NO3-N and NO2-N are nitrate and nitrite nitrogen, respectively. There shall be no discharge of floating solids or visible foam in other than trace amounts. Page 5 of 10 DocuSign Envelope ID: 25B7A587-EE80-4C89-B2B0-99016A650147 Permit NC0041386 A. (3) BIOCIDE CONDITION [G.S. 143-215, 143-215.1] There shall be no chromium, zinc or copper added to the treatment system except as pre -approved additives to biocidal compounds. The Permittee shall use no biocide(s) other than approved by the Division for this specific discharge. Should the Permittee intend to use a new biocide, an application for approval must be submitted to the Division no later than 90 days prior to its intended first use. The Permittee's application shall include both, 1) an accurately completed Biocide Form 101, and 2) a Material Safety Data Sheet (MSDS) for each proposed biocide. Send biocide approval requests to: NCDEQ / WSS / Aquatic Toxicology Branch 1621 Mail Service Center Raleigh, NC 27699-1621 A. (4) BEST MANAGEMENT PRACTICES FOR SEAFOOD PROCESSING AND PACKAGING FACILITIES [G.S. 143-215.1(b)] Dry Cleanup Requirements: The following shall be emphasized where practically achievable: • All batter drippings shall be collected in pans under the breading tables. • Spilled batters shall be squeegeed off the floor prior to wet cleanup. • All leftover batter shall be collected in a container and disposed of properly. Discharge of the batter residuals to surface waters shall not be allowed. Where practicable, trays shall be placed under all machines and conveyor belts to catch particles of breading or other food products. Leftover breading from sifters and other machines shall be removed by hand or other method such that it does not enter the drainage system. Floors shall be brushed with a stiff broom prior to wet cleanup. There shall be no discharge of fish parts, floating solids, or visible foam except in other than trace amounts. The Permittee shall direct employees and provide resources to follow, at a minimum, the following practices such that wastewater volume and wastewater constituents are reduced: • All hoses used to provide on demand water delivery shall be equipped with automatic shut-off nozzles. • Personnel shall be instructed to eliminate flows through idle equipment. • All process and washdown equipment shall be fitted with high pressure/low volume nozzles. • Dry cleanup shall be performed prior to washdown of the facility. Page 6 of 10 DocuSign Envelope ID: 25B7A587-EE80-4C89-B2B0-99016A650147 Permit NCO041386 A. (5) APPROVAL TO OPERATE [G. S. 143-215.1(a)] No later than 180 days prior to the anticipated constructions of any new industrial seafood -based wastewater treatment facility, the Permittee shall submit documentation to the Division to characterize the wastewater and include: a. A description of the proposed wastewater sources to be treated and discharged including the estimated volume of each source. b. The anticipated wastewater characterization of the discharge. After review by the Division of the documentation, the Permittee may be required to submit a NPDES permit modification application to obtain a modified NPDES permit to establish the appropriate limits and monitoring requirements. Once the NPDES limits are finalized, the Permittee shall submit a written request to the Division for authorization to discharge and include the following information: a. A description of the proposed treatment process, its design capacity, and components including a flow schematic representing, the wastewater side from headworks to outfall discharge, the solids side from internal source to final disposal, the chemical addition types and points, and the pump stations. The description is to include the number of treatment units and a descriptive capacity; for example, three secondary clarifiers 30 ft diameter, two 1 MG aeration basins, effluent composite sampler, effluent metering flume with recorder, etc.. b. A construction schedule indicating start and completion date of construction, and anticipated discharge date. Upon review and acceptance by the Division of the request, the Division will issue an authorization to discharge letter to the Permittee. A. (6) ELECTRONIC REPORTING OF MONITORING REPORTS [NCGS 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. Page 7 of 10 DocuSign Envelope ID: 25B7A587-EE80-4C89-B2B0-99016A650147 Permit NC0041386 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. The eDMR system may be accessed at: https:Hdeg.nc.gov/about/divisions/water-resources/edmr. 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 following address: NC DEQ / Division of Water Resources / Water Quality Permitting Section ATTENTION: Central Files 1617 Mail Service Center Raleigh, North Carolina 27699-1617 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, 2020, 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. 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 Page 8 of 10 DocuSign Envelope ID: 25B7A587-EE80-4C89-B2B0-99016A650147 Permit NC0041386 Electronic Reporting Rule is found at: hops://www.federalre ig ster.gov/documents/2015/10/22/2015- 24954/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: hLV://deq.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 II, Section B. (I 1.)(a) or by a duly authorized representative of that person as described in Part II, 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: hqp://deg.ne. gov/about/divisions/water-resources/edmr 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 Page 9 of 10 DocuSign Envelope ID: 25B7A587-EE80-4C89-B2B0-99016A650147 Permit NCO041386 am aware that there are significant penalties for submitting false information, including the possibility of fines and imprisonment for knowing violations. " S. Records Retention [Supplements Section D. (6.)1 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]. Page 10 of 10 Liucuolyll CIIVCIVpt: IU. IV/1VJV IV/ q {{ �1 \\\ Creek (C) Light \� I 34 ianv � 34 �' - O �. Gh 0;1 34 34 34 - \ - _ Wa!,tchvse • 34 34 �34 'Wanchese 34 F. at e' Outfall ``. t :Mill handing ♦ref �� w 46 0 0 NC Department of Commerce Wanchese Marine Industrial Park WWTP NPDES Permit NCO041386 Receiving Stream: Mill Landing Creek (Mill Creek) Stream Segment: 30-21-8 Stream Class: SC River Basin: Pasquotank Sub -Basin #: 03-01-Sl County: Dare HUC: 0301020S1S02 N J4 SCALE 1:24,000 © 2013 National Geographic Society, i-cubed Facility Location scale not shown USGS • .. Oregon DocuSign Envelope ID: 25B7A587-EE80-4C89-B2B0-99016A650147 NPDES Permit Standard Conditions Page 1 of 18 PART II STANDARD CONDITIONS FOR NPDES PERMITS Section A. Definitions 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. 3/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 Day 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. 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 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 Version 1110912011.2 DocuSign Envelope ID: 25B7A587-EE80-4C89-B2B0-99016A650147 NPDES Permit Standard Conditions Page 2 of 18 (4) Constant time/constant 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. For pollutants expressed in other units of measurement, the "daily discharge" is calculated as the average measurement of the pollutant over the day. (40 CFR 122.2; see also "Composite Sample," above.) Daily Maximum The highest "daily discharge" during the calendar month. Daily 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). DWR or "the Division" The Division of Water Resources, Department of Environmental Quality. Effluent Wastewater discharged following all treatment processes from a water pollution control facility or other point source whether treated or untreated. 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 NPDES 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. 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). Version 1110912011.2 DocuSign Envelope ID: 25B7A587-EE80-4C89-B2B0-99016A650147 NPDES Permit Standard Conditions Page 3 of 18 Hazardous Substance Any substance designated under 40 CFR Part 116 pursuant to Section 311 of the CWA. Instantaneous flow measurement The flow measured during the minimum time required for the flow measuring device or method to produce a result in that instance. To the extent practical, instantaneous flow measurements coincide with the collection of any grab samples required for the same sampling period so that together the samples and flow are representative of the discharge during that sampling period. Monthly Average (concentration limit) The arithmetic mean of all "daily discharges" of a pollutant measured during the calendar month. In the case of fecal coliform or other bacterial parameters or indicators, the geometric mean of such discharges. Permit Issuing Authority The Director of the Division of Water Resources. Quarterly Average (concentration limit) The arithmetic mean of all samples taken over a calendar quarter. Severe property damage 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 temporary noncompliance 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 or other bacterial parameters or indicators, the geometric mean of such discharges. Section B. General Conditions 1. Duty to Comply The Permittee must comply with all conditions of this permit. Any permit noncompliance constitutes a violation of the CWA and is grounds for enforcement action; for permit termination, revocation and reissuance, or modification; or denial of a permit renewal application [40 CFR 122.41]. 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. 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. [33 USC 1319(d) and 40 CFR 122.41(a)(2)] c. The CWA provides that any person who negligently violates 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 under 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 Version 1110912011.2 DocuSign Envelope ID: 25B7A587-EE80-4C89-B2B0-99016A650147 NPDES Permit Standard Conditions Page 4 of 18 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. [33 USC 1319(c)(1) and 40 CFR 122.41(a)(2)] d. Any person who knowingly 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. [33 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)(3)(B)(iii) 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)] f. 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 § 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 maximum 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 1319(g)(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 H.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 of the Federal Act, 33 USC 1319. Furthermore, the Permittee is responsible for consequential damages, such as fish kills, even though the responsibility for effective compliance may be temporarily suspended. 4. Oil and Hazardous Substance Liability Nothing in this permit shall be construed to preclude the institution of any legal action or relieve the Permittee from any responsibilities, liabilities, or penalties to which the Permittee is or may be subject to under NCGS 143- 215.75 et seq. or Section 311 of the Federal Act, 33 USG 1321. Furthermore, the Permittee is responsible for consequential damages, such as fish kills, even though the responsibility for effective compliance may be temporarily suspended. 5. Property Rights The issuance of this permit does not convey any property rights in either real or personal property, or any exclusive privileges, nor does it authorize any injury to private property or any invasion of personal rights, nor any infringement of Federal, State or local laws or regulations [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. Version 1110912011.2 DocuSign Envelope ID: 25B7A587-EE80-4C89-B2B0-99016A650147 NPDES Permit Standard Conditions Page 5 of 18 7. Sevembility 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 15013-23]. 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 Authority upon 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. Expiration of Permit The Permittee is not authorized to discharge after the expiration date. In order to receive automatic authorization to discharge beyond the expiration date, the Permittee shall submit such information, forms, and fees as are required by the agency authorized to issue permits no later than 180 days prior to the expiration date unless permission for a later date has been granted by the Director. (The Director shall not grant permission for applications to be submitted later than the expiration date of the existing permit.) [40 CFR 122.21(d)] 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. SignatoKy Requirements All applications, reports, or information submitted to the Permit Issuing Authority shall be signed and certified [40 CFR 122.41(k)]. 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 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 122.22]. 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 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 [40 CFR 122.22] Version 1110912011.2 DocuSign Envelope ID: 25B7A587-EE80-4C89-B2B0-99016A650147 NPDES Permit Standard Conditions Page 6 of 18 c. Changes to authorization: If an authorization under 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 122.22] d. Certification. Any person signing a document under paragraphs a. or b. of this section 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. " 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(f)]. 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 02H .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 02H .0105(b)(2) may cause this Division to initiate action to revoke the permit. Section C. Operation and Maintenance of Pollution Controls 1. Certified Operator Owners of classified water pollution control systems must designate operators, certified by the Water Pollution Control System Operators Certification Commission (WPCSOCC), of the appropriate type and grade for the system, and, for each classification must [T15A NCAC 08G .0201]: a. designate one Operator In Responsible Charge (ORC) who possesses a valid certificate of the type and grade at least equivalent to the type and grade of the system; b. designate one or more Back-up Operator(s) in Responsible Charge (Back-up ORCs) who possesses a valid certificate of the type of the system and no more than one grade less than the grade of the system, with the exception of no backup operator in responsible charge is required for systems whose minimum visitation requirements are twice per year; and c. submit a signed completed "Water Pollution Control System Operator Designation Form" to the Commission (or to the local health department for owners of subsurface systems) countersigned by the designated certified operators, designating the Operator in Responsible Charge (ORC) and the Back-up Operator in Responsible Charge (Back-up ORC): (1) 60 calendar days prior to wastewater or residuals being introduced into a new system; or (2) within 120 calendar days following: ➢ receiving notification of a change in the classification of the system requiring the designation of a new Operator in Responsible Charge (ORC) and Back-up Operator in Responsible Charge (Back-up ORC) of the proper type and grade; or ➢ a vacancy in the position of Operator in Responsible Charge (ORC) or Back-up Operator in Responsible Charge (Back-up ORC). Version 1110912011.2 DocuSign Envelope ID: 25B7A587-EE80-4C89-B2B0-99016A650147 NPDES Permit Standard Conditions Page 7 of 18 (3) within seven calendar days of vacancies in both ORC and Back-up ORC positions replacing or designating at least one of the responsibilities. The ORC of each Class I facility (or the Back-up ORC, when acting as surrogate for the ORC) must: ➢ 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 ➢ Comply with all other conditions of 15A NCAC 08G .0204. The ORC of each Class H, III and IV facility (or the Back-up ORC, when acting as surrogate for the ORC) must: ➢ 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 ➢ Comply with all other conditions of 15A NCAC 08G .0204. 2. Proper Operation and Maintenance The Permittee shall at all times properly operate and maintain all facilities and systems of treatment and control (and related appurtenances) which are installed or used by the Permittee to achieve compliance with the conditions of this permit. Proper operation and maintenance also includes adequate laboratory controls and appropriate quality assurance procedures. This provision requires the 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)] 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 damage; (B) There were no feasible alternatives to the bypass, such as the use of auxiliary treatment facilities, retention of untreated wastes or maintenance during normal periods of equipment downtime. This condition is not satisfied if adequate backup equipment should have been installed in the exercise of reasonable engineering judgment to prevent a bypass which occurred during normal periods of equipment downtime or preventive maintenance; and (C) The Permittee submitted notices as required under Paragraph 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. Version 1110912011.2 DocuSign Envelope ID: 25B7A587-EE80-4C89-B2B0-99016A650147 NPDES Permit Standard Conditions Page 8of18 (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. (1) of this section. 5. Upsets a. Effect of an upset [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 Permittee can identify the cause(s) of the upset; (2) The Permittee facility was at the time being properly operated; and (3) The Permittee submitted notice of the upset as required in Part II.E.6.(b) of this permit. (4) The Permittee complied with any remedial measures required under Part II.B.2. of this permit. c. Burden of proof [40 CFR 122.41(n)(4)]: 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 removed in the course of treatment or control of wastewaters shall be utilized/disposed of in accordance with NCGS 143-215.1 and in a manner such as to prevent any pollutant from such materials from entering waters of the State or navigable waters of the United States except as permitted by the Commission. The Permittee shall comply with all applicable state and Federal regulations governing the disposal of sewage sludge, including 40 CFR 503, Standards for the Use and Disposal of Sewage Sludge; 40 CFR Part 258, Criteria For Municipal Solid Waste Landfills; and 15A NCAC Subchapter 2T, Waste Not Discharged To Surface Waters. 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 02H .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. Monitoring and Records Representative Sampling Samples collected and measurements taken, as required herein, shall be representative of the permitted discharge. Samples collected at a frequency less than daily shall be taken on a day and time that is representative of the discharge for the 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 [40 CFR 122.410)]. 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 (MR 1, 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: Version 1110912011.2 DocuSign Envelope ID: 25B7A587-EE80-4C89-B2B0-99016A650147 NPDES Permit Standard Conditions Page 9 of 18 NC DEQ / Division of Water Resources / Water Quality Permitting 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 visit https://deq.nc.gov/about/divisions/water-resources/water- resources-data/water-sciences-home-page/laboratory-certification-branch for information regarding laboratory certifications. Facilities whose personnel are conducting testing of field -certified parameters only must hold the appropriate field parameter laboratory 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 under 40 CFR 136, unless otherwise specified in 40 CFR 503, unless other test procedures have been specified in this permit [40 CFR 122.41 ]. 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 122.41]. 6. Records Retention Except for records of monitoring information required by this permit related to the Permittee's sewage sludge use and disposal activities, which shall be retained for a period of at least five years (or longer as required by 40 CFR 503), the Permittee shall retain records of all monitoring information, including: ➢ all calibration and maintenance records ➢ 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 Version 1110912011.2 DocuSign Envelope ID: 25B7A587-EE80-4C89-B2B0-99016A650147 NPDES Permit Standard Conditions Page 10 of 18 These records or copies shall be maintained for a period of at least 3 years from the date of the sample, measurement, report or application. This period may be extended by request of the Director at any time [40 CFR 122.41]. 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 122.41]: a. The date, exact place, and time of sampling or measurements; b. The individual(s) who performed the sampling or measurements; c. The date(s) analyses were performed; d. The individual(s) who performed the analyses; e. The analytical techniques or methods used; and f. The results of such analyses. 8. Inspection and Entry The Permittee shall allow the Director, or an authorized representative (including an authorized contractor acting as a representative of the Director), upon the presentation of credentials and other documents as may be required by law, to; a. Enter, at reasonable times, upon the Permittee's premises where a regulated facility or activity is located or conducted, or where records must be kept under the conditions of this permit; b. Have access to and copy, at reasonable times, any records that must be kept under the conditions of this permit; c. Inspect at reasonable times any facilities, equipment (including monitoring and control equipment), practices, or operations regulated or required under this permit; and d. Sample or monitor at reasonable times, for the purposes of assuring permit compliance or as otherwise authorized by the CWA, any substances or parameters at any location [40 CFR 122.41(i)]. Section E Reportina Requirements 1. Change in Discharge All discharges authorized herein shall be consistent with the terms and conditions of this permit. The discharge of any pollutant identified in this permit more frequently than or at a level in excess of that authorized shall constitute a violation of the permit. 2. Planned Changes The Permittee shall give notice to the Director as soon as possible of any planned physical alterations or additions to the permitted facility [40 CFR 122.41(1)]. 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 under 40 CFR 122.42(a)(1); or 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 prior written notice to and approval from the Director in accordance with 40 CFR 122.61. The Director may condition approval in accordance with NCGS 143-215.1, in Version 1110912011.2 DocuSign Envelope ID: 25B7A587-EE80-4C89-B2B0-99016A650147 NPDES Permit Standard Conditions Page 11 of 18 particular NCGS 143-215. 1 (b)(4)b.2., and may require modification or revocation and reissuance of the permit, or a minor modification, to identify the new permittee and incorporate such other requirements as may be necessary under the CWA [40 CFR 122.41(1)(3), 122.61] or state statute. 5. Monitoring Reports Monitoring results shall be reported at the intervals specified elsewhere in this permit [40 CFR 122.41(l)(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 using test procedures approved under 40 CFR Part 136 and at a sampling location specified in this permit or other appropriate instrument governing the discharge, 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 122.41(1)(6)]. 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) 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 submitted incorrect information in a permit application or in any report to the Director, it shall promptly submit such facts or information [40 CFR 122.41(1)(8)]. 9. Noncompliance Notification The Permittee shall report by telephone to either the central office or the appropriate regional office of the Division as soon as possible, but in no case more than 24 hours or on the next working day following the occurrence or first knowledge of the occurrence of any of the following: a. Any occurrence at the water pollution control facility which results in the discharge of significant amounts of wastes which are abnormal in quantity or characteristic, such as the dumping of the contents of a sludge digester; the known passage of a slug of hazardous substance through the facility; or any other unusual circumstances. b. Any process unit failure, due to known or unknown reasons, that render the facility incapable of adequate wastewater treatment such as mechanical or electrical failures of pumps, aerators, compressors, etc. c. Any failure of a pumping station, sewer line, or treatment facility resulting in a by-pass 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. Also see reporting requirements for municipalities in Part W.C.2.c. of this permit. 10. Availability of Reports Except for data determined to be confidential under NCGS 143-215.3 (a)(2) or Section 308 of the Federal Act, 33 USC 1318, all reports prepared in accordance with the terms shall be available for public inspection at the offices Version 1110912011.2 DocuSign Envelope ID: 25B7A587-EE80-4C89-B2B0-99016A650147 NPDES Permit Standard Conditions Page 12 of 18 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 (b)(2) or in Section 309 of the Federal Act. I t . 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 punished 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 122.41]. 12. Annual Performance Reports Permittees who own or operate facilities that primarily collect or treat municipal or domestic wastewater and have an average annual flow greater than 200,000 gallons per day shall provide an annual report to the Permit Issuing Authority and to the users/customers served by the Permittee (NCGS 143-215.1Q. 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. 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 DEQ / Division of Water Resources / Water Quality Permitting Section ATTENTION: Central Files 1617 Mail Service Center Raleigh, North Carolina 27699-1617 Version 1110912011.2 DocuSign Envelope ID: 25B7A587-EE80-4C89-B2B0-99016A650147 NPDES Permit Standard Conditions Page 13 of 18 PART III OTHER REQUIREMENTS Section A. Construction a. The Permittee shall not commence construction of wastewater treatment facilities, nor add to the plant's treatment capacity, nor change the treatment proccss(es) utilized at the treatment plant unless (1) the Division has issued an Authorization to Construct (AtC) permit or (2) the Permittee is exempted from such AtC permit requirements under Item b. of this Section. b. In accordance with NCGS 143-215. 1 (a5) [SL 2011-394], no permit shall be required to enter into a contract for the construction, installation, or alteration of any treatment work or disposal system or to construct, install, or alter any treatment works or disposal system within the State when the system's or work's principle function is to conduct, treat, equalize, neutralize, stabilize, recycle, or dispose of industrial waste or sewage from an industrial facility and the discharge of the industrial waste or sewage is authorized under a permit issued for the discharge of the industrial waste or sewage into the waters of the State. Notwithstanding the above, the permit issued for the discharge may be modified if required by federal regulation. c. 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 B. Groundwater Monitoring The Permittee shall, upon written notice from the Director, conduct groundwater monitoring as may be required to determine the compliance of this NPDES permitted facility with the current groundwater standards. Section C. Changes in Discharges of Toxic Substances The Permittee shall notify the Permit Issuing Authority as soon as it knows or has reason to believe (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 µg/L); (2) Two hundred micrograms per liter (200 µg/L) for acrolein and acrylonitrile; five hundred micrograms per liter (500 µg/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 application. b. That any activity has occurred or will occur which would result in any discharge, on a non -routine or infrequent basis, of a toxic pollutant which is not limited in the permit, if that discharge will exceed the highest of the following "notification levels"; (1) Five hundred micrograms per liter (500 µg/L); (2) One milligram per liter (1 mg/L) for antimony; (3) Ten times the maximum concentration value reported for that pollutant in the permit application. Section D. Facility Closure Requirements The Permittee must notify the Division at least 90 days prior to the closure of any wastewater treatment system 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 1110912011.2 DocuSign Envelope ID: 25B7A587-EE80-4C89-B2B0-99016A650147 NPDES Permit Standard Conditions Page 14 of 18 PART IV SPECIAL CONDITIONS FOR MUNICIPAL FACILITIES Section A. Definitions In addition to the definitions in Part H 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), (c) or (d) of the CWA. [40 CFR 403.3 (i) and 0) and 15A NCAC 02H .0903(b)(11)] 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 Permittee's (or any satellite POTWs if different from the Permittee) NPDES, collection system, or non -discharge permit or prevents sewage sludge use or disposal in compliance with specified applicable State and Federal statutes, regulations, or permits. [15A NCAC 02H .0903(b)(14)] 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 Permittee's (or any satellite POTW's, if different from the Permittee) NPDES, collection system, or non -discharge permit. [15A NCAC 02H .0903(b)(23)] Publicly Owned Treatment Works (POTW) A treatment works as defined by Section 212 of the CWA, which is owned by a State or local government organization. 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 the collection system, as defined in 15A NCAC 2T .0402, only if it conveys wastewater to a POTW treatment plant. The term also means the local government organization, 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. In this context, the organization may be the owner of the POTW treatment plant or the owner of the collection system into which an indirect discharger discharges. This second type of POTW may be referred to as a "satellite POTW organization." [15A NCAC 02H .0903(b)(26)] "Significant Industrial User" or "SIU" An Industrial User that discharges wastewater into a publicly owned treatment works and that [I 5A NCAC 02H .0903(b)(33)]: 1. Discharges an average of 25,000 gallons per day or more of process wastewater to the POTW (excluding sanitary, noncontact cooling and boiler blowdown wastewaters); or 2. Contributes process wastewater which makes up five percent or more of the NPDES or non -discharge permitted flow limit or organic capacity of the POTW treatment plant. In this context, organic capacity refers to BOD, TSS and ammonia; or 3. Is subject to categorical standards under 40 CFR Part 403.6 and 40 CFR Parts 405-471; or 4. Is designated as such by the Permittee on the basis that the Industrial User has a reasonable potential for adversely affecting the POTW's operation or for violating any pretreatment standard or requirement, or the POTW's effluent limitations and conditions in its NPDES or non -discharge permit, or to limit the POTWs sludge disposal options; 5. Subject to approval under 15A NCAC 02H .0907(b), the Permittee may determine that an Industrial User meeting the criteria in paragraphs 1 or 2 of this definition above has no reasonable potential for adversely affecting the POTW's operation or for violating any pretreatment standard or requirement, the POTW's effluent limitations and conditions in its NPDES or non -discharge permit, or to limit the POTWs sludge disposal options, and thus is not a Significant Industrial User (SIU); or 6. Subject to approval under 15A NCAC 02H .0907(b), the Permittee may determine that an Industrial User meeting the criteria in paragraph 3 of this definition above meets the requirements of 40 CFR Part 403.3(v)(2) and thus is a non -significant categorical Industrial User. Section B. Publicly Owned Treatment Works (POTWs) Version 1110912011.2 DocuSign Envelope ID: 25B7A587-EE80-4C89-B2B0-99016A650147 NPDES Permit Standard Conditions Page 15 of 18 All POTWs must provide adequate notice to the Director of the following [40 CFR 122.42(b)]: 1. Any new introduction of pollutants into the POTW from an indirect discharger, regardless of the means of transport, 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. Municipal Control of Pollutants from Industrial Users. 1. Effluent limitations are listed in Part I of this permit. Other pollutants attributable to inputs from Industrial Users discharging to the POTW 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. The Permittee shall develop and enforce their Pretreatment Program to implement the prohibition against the 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 02H .0900 and 40 CFR 403. [40 CFR 403.5(a)(1)] b. The Permittee shall develop and enforce their Pretreatment Program to implement the prohibitions against the 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 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 40°C (104°F) unless the Division, upon request of the POTW, approves alternate temperature limits; (6) Petroleum oil, non -biodegradable 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; or (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 POTW, 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 POTW. The Permittee shall report such discharges into the POTW to the Director or the appropriate Regional Office. 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 discharge; the investigation into possible sources; the period of the discharge, including exact dates and times; 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, Version 1110912011.2 DocuSign Envelope ID: 25B7A587-EE80-4C89-B2B0-99016A650147 NPDES Permit Standard Conditions Page 16 of 18 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 may be necessary regarding some or all of the industries discharging to the municipal system. 4. The Permittee shall require any Industrial User (IU) discharging to the POTW to meet Federal Pretreatment Standards developed under Section 307(b) of the Act as amended (which includes categorical standards and specific local limits, best management practices and narrative requirements). Prior to accepting wastewater from any Significant Industrial User (SIU), the Permittee shall either develop and submit to the Division a new Pretreatment Program or, as necessary, a modification of an existing Pretreatment Program, for approval as required under section D below as well as 15A NCAC 02H .0907(a) and (b). [40 CFR 122.440)(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 Programs 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 02H .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 122.446)(2)] The Permittee shall operate its approved pretreatment program in accordance with Section 402(b)(8) of the CWA, 40 CFR 403, 15A NCAC 02H .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 02H .0903 and 40 CFR 403.3. 1. Sewer Use Ordinance (SUO) The Permittee shall maintain adequate legal authority to implement its approved pretreatment program. [15A NCAC 02H .0903(b)(32), .0905 and .0906(b)(1); 40 CFR 403.8(f)(1) and 403.9(b)(1) and (2)] 2. Industrial Waste Survey (IWS) The Permittee shall implement an IWS consisting of the survey of users of the POTW collection system or treatment plant, as required by 40 CFR 403.8(f)(2)(i-iii) and 15A NCAC 02H .0905 [also 40 CFR 122.440)(1)], including identification of all Industrial Users that may have an impact on the POTW 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. Where the Permittee accepts wastewater from one or more satellite POTWs, the IWS for the Permittee shall address all satellite POTW services areas, unless the pretreatment program in those satellite service areas is administered by a separate Permittee with an approved Pretreatment Program. The Permittee shall submit a summary 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 under paragraph C.2.c. of this Part. [15A NCAC 02H .0903(b)(13), .0905 and .0906(b)(2); 40 CFR 403.8(f)(2) and 403.9] 3. 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 Parts II.D and II.E.5.). [15A NCAC 02H .0903(b)(16), .0906(b)(3) and .0905] 4. Headworks AnalysisCHWA) and Local Limits The Permittee shall obtain Division approval of a HWA at least once every five 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 updated HWA or documentation of why one is not needed) [40 CFR 122.44]. The Permittee shall develop, in accordance with 40 CFR 403.5(c) and 15A NCAC 02H .0909, specific Local Limits to implement the prohibitions listed in 40 CFR 403.5(a) and (b) and 15A NCAC 02H .0909. Pursuant to 40 CFR 403.5, local limits are Version 1110912011.2 DocuSign Envelope ID: 25B7A587-EE80-4C89-B2B0-99016A650147 NPDES Permit Standard Conditions Page 17 of 18 enforceable Pretreatment Standards as defined by 40 CFR 403.3(1). [15A NCAC 02H .0903(b)(10), .0905, and .0906(b)(4)] 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 collection system or 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 [UP loadings for each parameter cannot exceed the treatment capacity of the POTW as determined by the HWA. [15A NCAC 02H .0906(b)(6), .0909, .0916, and .0917; 40 CFR 403.5, 403.8(f)(1)(iii); NCGS 143-215.67(a)] 6. Authorization to Construct (AQ The Permittee shall ensure that an Authorization to Construct permit (AtC) 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 02H .0906(b)(7) and .0905; NCGS 143- 215. 1 (a)(8)] 7. POTW Inspection & Monitoring of their IUs 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 02H .0908(e); 40 CFR 403.8(f)(2)(v)] The Permittee must: a. Inspect all Significant Industrial Users (SLUs) at least once per calendar year; b. Sample all Significant Industrial Users (SIUs) at least once per calendar year for all SIU permit -limited parameters including flow except as allowed under 15A NCAC .0908(e); and c. At least once per year, document an evaluation of any non -significant categorical Industrial User for compliance with the requirements in 40 CFR 403.3(v)(2), and either continue or revoke the designation as non- significant. 8. IU 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 02H .0908. [15A NCAC 02H .0906(b)(5) and .0905; 40 CFR 403.8(f)(1)(v) and (2)(iii); 40 CFR 122.440)(2) and 40 CFR 403.12] 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 02H .0909, specific local limitations, and other pretreatment requirements. All remedies, enforcement actions and other, shall be consistent with the Enforcement Response Plan (ERP) approved by the Division. [15A NCAC 02H .0903(b)(7), .0906(b)(8) 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 02H .0908. In lieu of submitting annual reports, Modified Pretreatment Programs developed under 15A NCAC 02H .0904 (b) may be 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. 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 calendar year to the Division at the following address: Version 1110912011.2 DocuSign Envelope ID: 25B7A587-EE80-4C89-B2B0-99016A650147 NPDES Permit Standard Conditions Page 18 of 18 NC DEQ / Division of Water Resources / Water Quality Permitting Section Pretreatment, Emergency Response, and Collection Systems (PERCS) Unit 1617 Mail Service Center Raleigh, North Carolina 27699-1617 These reports shall be submitted by March 1 of each year and shall contain the following: a. Narrative A narrative summary detailing actions taken, or proposed, by the Permittee to correct significant non- compliance and to ensure compliance with pretreatment requirements; b. Pretreatment Program Summary (PPS) A pretreatment program summary (PPS) on forms or in a format provided by the Division; c. Significant Non -Compliance Report (SNCR) A list of Industrial Users (IUs) in significant noncompliance (SNC) with pretreatment requirements, and the nature of the violations on forms or in a format provided by the Division; d. Industrial Data Summary Forms (IDSF) Monitoring data from samples collected by both the POTW and the Significant Industrial Users (SIUs). These analytical results must be reported on Industrial Data Summary Forms (IDSF) or on other forms or in a format provided by the Division; e. Other Information Copies of the POTW's allocation table, new or modified enforcement compliance schedules, public notice of IUs in SNC, a summary of data or other information related to significant noncompliance determinations for IUs that are not considered SIUs, 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 Industrial Users (lUs) that were in significant noncompliance (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 02H .0903(b)(34), .0908(b)(5) and .0905 and 40 CFR 403.8(f)(2)(viii)] 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 and shall retain all other Pretreatment Program records as required by 15A NCAC 02H .0908(f). [15A NCAC 02H .0908(f); 40 CFR 403.12(o)] 13. Pretreatment Program Resources The Permittee shall maintain adequate funding and qualified personnel to accomplish the objectives of its approved pretreatment program. and retain a written description of those current levels of inspection. [I 5A NCAC 02H .0906(b)(9) and (10) and .0905; 40 CFR 403.8(f)(3), 403.9(b)(3)] 14. Modification to Pretreatment Programs Modifications to the approved pretreatment program including but not limited to local limits modifications, POTW monitoring of their Significant Industrial Users (SIUs), and Monitoring Plan modifications, shall be considered a permit modification and shall be governed by 40 CFR 403.18, 15 NCAC 02H .0114 and 15A NCAC 02H .0907. Version 1110912011.2