HomeMy WebLinkAboutNC0089109_Permit (Issuance)_20230731 (2)DocuSign Envelope ID: OFF25270-9717-4A4B-8702-CCC7C46871 BO
Permit NCO089109
STATE OF NORTH CAROLINA
DEPARTMENT OF ENVIRONMENTAL QUALITY
DIVISION OF WATER RESOURCES
PF.RMTT
TO DISCHARGE WASTEWATER UNDER THE
NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM
In compliance with the provision of North Carolina General Statute 143-215.1,
other lawful standards and regulations promulgated and adopted by the North Carolina
Environmental Management Commission, and the Federal Water Pollution Control Act,
as amended,
Befesa Zinc Metal, LLC
is hereby authorized to discharge wastewater from a facility located at
Befesa Zinc Metal, LLC
Forest City
Rutherford County
to receiving waters designated as the Broad River in the Broad River Basin in accordance
with effluent limitations, monitoring requirements, and other applicable conditions set
forth in Parts I, II, III and IV hereof.
This permit shall become effective September 1, 2023.
This permit and authorization to discharge shall expire at midnight on August 31, 2028.
Signed this day July 31, 2023.
Ev
DocuSigned by:
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Richard E. Rogers, Jr., Director
Division of Water Resources
By Authority of the Environmental Management
Commission
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DocuSign Envelope ID: OFF25270-9717-4A4B-8702-CCC7C46871 BO
Permit NCO089109
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.
Befesa Zinc Metal, LLC is hereby authorized to:
1. Operate the process effluent discharge system including the following
components:
➢ Automatic sampler
➢ Instrumented flow measurement, and
➢ Diffuser
The facility is located near Forest City, Rutherford County; and
2. Discharge effluent from this location as specified on the attached map into
the Broad River which is classified WS-IV waters in the Broad River Basin.
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DocuSign Envelope ID: OFF25270-9717-4A4B-8702-CCC7C46871BO
Permit NCO089109
Part I
A. (1.) EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS
[15A NCAC 02B .0400 et seq., 02B .0500 et seq.]
During the period beginning on the effective date of the permit and lasting until expiration, the Permittee
is authorized to discharge from outfall(s) serial number 001. Such discharges shall be limited and
monitored5 by the Permittee asspecified below:
EFFLUENT
CHARACTERISTICS
LIMITS
MONITORING REQUREMENTS
Monthly
Average
Daily
Maximum
Measurement
Frequency
Sample
Type
Sample
Locationi
Flow (MGD)
0.98
Continuous
Recording
I or E
Total Suspended Solids,
m L
Monthly
Composite
E
NH3-N, mg/L
Quarterly
Composite
E
Total Arsenic, µg/L
Quarterly
Composite
E
Total Cadmium
90.4 µg/L
454.4 µg/L
2/Month
Composite
E
Chlorides, mg/L
Quarterly
Composite
E
Chromium (VI), µg/L
Quarterly
Composite
E
Total Copper, µg/L
Quarterly
Composite
E
Total Lead, µg/L
Quarterly
Composite
E
Total Nickel, µg/L
Quarterly
Composite
E
Total Zinc, µg/L
Monthly
Composite
E
Total Silver, µg/L
Quarterly
Composite
E
Total Selenium, µg/L
Quarterly
Composite
E
pH
6.0 <_ pH <_ 9.0
Daily
Grab
E
pH2
6.0 <_ pH <_ 9.0
Continuous
Recording
E
Chronic Toxicity3
Quarterly
Composite
E
Total Hardness, mg/L
Monthly
Composite
E, U
Turbidity4, NTU
Monthly
Grab
E, U, D
Conductivity6, µmho/cm
Continuous
Recording
E
NOTES:
1. Sample Locations: I - Influent, E - Effluent, U - upstream (50 ft. upstream of the discharge), D
- downstream (50 ft. downstream of the discharge).
2. The continuous pH measurement shall begin on February 1, 2024.
3. Chronic Toxicity (Ceriodaphnia) P/F @ 0.9%; Jan., April, July, and October; See condition A.
(2.) of the Supplement to Effluent Limitations and Monitoring Section of this permit.
4. The discharge from this facility shall not cause turbidity in the receiving stream to exceed 50
NTU. If the instream turbidity exceeds 50 NTU due to natural background conditions, the
discharge cannot cause turbidity to increase in the receiving stream. Therefore, if the effluent
measurement exceeds 50 NTU, the Permittee shall sample upstream and downstream turbidity
in the receiving waterbody, within 24 hours, to demonstrate the existing turbidity level in the
receiving waterbody was not increased. All data shall be reported on the DMRs. (See 15A NCAC
2B .0211 (21)). NTU - Nephelometric Turbidity Unit.
5. The permittee shall submit Discharge Monitoring Reports electronically using NC DWR's eDMR
application system. See Special Condition A. (3.).
6. The continuous conductivity measurement shall begin on February 1, 2024.
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DocuSign Envelope ID: OFF25270-9717-4A4B-8702-CCC7C46871BO
Permit NCO089109
The facility shall report concentrations of the sulfide and surfactants in the next renewal
application.
THERE SHALL BE NO DISCHARGE OF FLOATING SOLIDS OR FOAM VISIBLE IN OTHER THAN TRACE
AMOUNTS.
A. (2.) CHRONIC TOXICITY PASS/FAIL PERMIT LIMIT (QUARTERLY)
[ 15A NCAC 02B .0200 et seq.]
The effluent discharge shall at no time exhibit observable inhibition of reproduction or significant
mortality to Ceriodaphnia dubia at an effluent concentration of 0.9%.
The permit holder shall perform at a minimum, quarterly monitoring using test procedures outlined
in the "North Carolina Ceriodaphnia Chronic Effluent Bioassay Procedure," Revised December
2010, or subsequent versions or "North Carolina Phase II Chronic Whole Effluent Toxicity Test
Procedure" (Revised- December 2010) or subsequent versions. The tests will be performed during
the months of January, April, July and October. These months signify the first month of each
three-month toxicity testing quarter assigned to the facility. Effluent sampling for this testing
must be obtained during representative effluent discharge and shall be performed at the NPDES
permitted final effluent discharge below all treatment processes.
If the test procedure performed as the first test of any single quarter results in a failure or
ChV below the permit limit, then multiple -concentration testing shall be performed at a
minimum, in each of the two following months as described in "North Carolina Phase II
Chronic Whole Effluent Toxicity Test Procedure" (Revised -December 2010) or subsequent
versions.
All toxicity testing results required as part of this permit condition will be entered on the Effluent
Discharge Monitoring Form (MR-1) for the months in which tests were performed, using the
parameter code TGP313 for the pass/fail results and THP313 for the Chronic Value. Additionally,
DWR Form AT-3 (original) is to be sent to the following address:
Attention: North Carolina Division of Water Resources
Water Sciences Section/Aquatic Toxicology Branch
1621 Mail Service Center
Raleigh, NC 27699-1621
Or, results can be sent to the email, ATForms.ATB(abdeg.nc.gov
Completed Aquatic Toxicity Test Forms shall be filed with the Water Sciences Section no later than
thirty (30) days after the end of the reporting period for which the report is made.
Test data shall be complete, accurate, include all supporting chemical/physical measurements
and all concentration/response data, and be certified by laboratory supervisor and ORC or
approved designate signature. Total residual chlorine of the effluent toxicity sample must be
measured and reported if chlorine is employed for disinfection of the waste stream.
Should there be no discharge of flow from the facility during a month in which toxicity monitoring
is required, the permittee will complete the information located at the top of the aquatic toxicity
(AT) test form indicating the facility name, permit number, pipe number, county, and the
month/year of the report with the notation of "No Flow" in the comment area of the form. The
report shall be submitted to the Water Sciences Section at the address cited above.
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DocuSign Envelope ID: OFF25270-9717-4A4B-8702-CCC7C46871BO
Permit NCO089109
Should the permittee fail to monitor during a month in which toxicity monitoring is required,
monitoring will be required during the following month. Assessment of toxicity compliance is based
on the toxicity testing quarter, which is the three-month time interval that begins on the first day
of the month in which toxicity testing is required by this permit and continues until the final day
of the third month.
Should any test data from this monitoring requirement or tests performed by the North Carolina
Division of Water Resources indicate potential impacts to the receiving stream, this permit may be
re -opened and modified to include alternate monitoring requirements or limits.
NOTE: Failure to achieve test conditions as specified in the cited document, such as minimum
control organism survival, minimum control organism reproduction, and appropriate
environmental controls, shall constitute an invalid test and will require immediate follow-up
testing to be completed no later than the last day of the month following the month of the initial
monitoring.
A. (3.) ELECTRONIC REPORTING OF DISCHARGE MONITORING REPORTS
[G.S. 143-215.1(b)]
Federal regulations require electronic submittal of all discharge monitoring reports (DMRs) and
program reports. The final NPDES Electronic Reporting Rule was adopted and became effective on
December 21, 2015.
NOTE: This special condition supplements or supersedes the following sections within Part II of
this permit (Standard Conditions for NPDES Permits):
• Section B. (11.) Signatory Requirements
• Section D. (2.)
• Section D. (6.)
• Section E. (5.)
Reporting
Records Retention
Monitoring Reports
1. Reporting Requirements [Supersedes Section D. (2.) and Section E. (5.) (a)]
The permittee shall report discharge monitoring data electronically using the NC DWR's
Electronic Discharge Monitoring Report (eDMR) internet application.
Monitoring results obtained during the previous month(s) shall be summarized for each month
and submitted electronically using eDMR. The eDMR system allows permitted facilities to enter
monitoring data and submit DMRs electronically using the internet. The eDMR system may
be accessed at: https://deg.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
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DocuSign Envelope ID: OFF25270-9717-4A4B-8702-CCC7C46871B0
Permit NCO089109
See "How to Request a Waiver from Electronic Reporting" section below.
Regardless of the submission method, the first DMR is due on the last day of the month
following the issuance of the permit or in the case of a new facility, on the last day of the month
following the commencement of discharge.
Starting on December 21, 2025, the permittee must electronically report the following
compliance monitoring data and reports, when applicable:
• Sewer Overflow/Bypass Event Reports;
• Pretreatment Program Annual Reports; and
• Clean Water Act (CWA) Section 316(b) Annual Reports.
The permittee may seek an electronic reporting waiver from the Division (see "How to Request
a Waiver from Electronic Reporting" section below).
2. Electronic Submissions
In accordance with 40 CFR 122.41(1)(9), the permittee must identify the initial recipient at the
time of each electronic submission. The permittee should use the EPA's website resources to
identify the initial recipient for the electronic submission.
Initial recipient of electronic NPDES information from NPDES-regulated facilities means the
entity (EPA or the state authorized by EPA to implement the NPDES program) that is the
designated entity for receiving electronic NPDES data [see 40 CFR 127.2(b)].
EPA plans to establish a website that will also link to the appropriate electronic reporting tool
for each type of electronic submission and for each state. Instructions on how to access and
use the appropriate electronic reporting tool will be available as well. Information on EPA's
NPDES Electronic Reporting Rule is found at:
https://www.federalre /www.federalregister. og_v/ 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:
http://deg.nc.gov/about/divisions/water-resources/edmr
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DocuSign Envelope ID: OFF25270-9717-4A4B-8702-CCC7C46871BO
Permit NCO089109
4. Signatory Requirements [Supplements Section B. (11.1 (bland Supersedes Section B.
11. d
All eDMRs submitted to the permit issuing authority shall be signed by a person described in
Part II, Section B. (11.)(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:
http: / / deg. nc.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:
"I certify, under penalty of law, that this document and all attachments were prepared under my
direction or supervision in accordance with a system designed to assure that qualified personnel
properly gather and evaluate the information submitted. Based on my inquiry of the person or
persons who manage the system, or those persons directly responsible for gathering the
information, the information submitted is, to the best of my knowledge and belief, true, accurate,
and complete. I am aware that there are significant penalties for submitting false information,
including the possibility of fines and imprisonment for knowing violations. "
5. Records Retention [Supplements Section D. (6.)l
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 122.411.
A. (4.) FISH TISSUE MONITORING
[G. S. 143-215.1(b)]
The facility shall conduct fish tissue monitoring once during the permit cycle and submit the results
with the NPDES permit renewal application. The objective of this monitoring is to evaluate potential
uptake of pollutants by fish tissue near the facility's discharge. The parameters analyzed in fish
tissue shall be arsenic, cadmium, and zinc. The monitoring shall be conducted in accordance with
the sampling plan approved by the Division. The plan should be submitted to the Division within
180 days from the effective date of the permit modification. Upon approval, the plan becomes an
enforceable part of the permit.
Copies of all the study plans, study results, and any other applicable materials should be submitted
to:
1) Electronic Version Only (pdf and CD)
Division of Water Resources
WQ Permitting Section - NPDES
1617 Mail Service Center
Raleigh, NC 27699-1617
2) Electronic Version (pdf and CD) and Hard Copy
Division of Water Resources
Water Sciences Section
1621 Mail Service Center
Raleigh, NC 27699-1621
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DocuSign Envelope ID: OFF25270-9717-4A4B-8702-CCC7C46871BO
Permit NCO089109
A. (5.) PRIORITY POLLUTANT ANALYSIS
[G. S. 143-215.1(b)]
The Permittee shall perform one Effluent Pollutant Scan for all parameters listed below. The analytical
methods shall be in accordance with 40 CFR Part 136 and shall be sufficiently sensitive to determine
whether parameters are present in concentrations greater than applicable standards and criteria.
Unless otherwise indicated, metals shall be analyzed as "total recoverable."
Ammonia (as N)
Trans-1,2-dichloroethylene
Bis (2-chloroethyl) ether
Chlorine (total residual, TRC)
1, 1 -dichloroethylene
Bis (2-chloroisopropyl) ether
Dissolved oxygen
1,2-dichloropropane
Bis (2-ethylhexyl) phthalate
Nitrate/Nitrite
1,3-dichloropropylene
4-bromophenyl phenyl ether
Kjeldahl nitrogen
Ethylbenzene
Butyl benzyl phthalate
Oil and grease
Methyl bromide
2-chloronaphthalene
Phosphorus
Methyl chloride
4-chlorophenyl phenyl ether
Total dissolved solids
Methylene chloride
Chrysene
Hardness
1,1,2,2-tetrachloroethane
Di-n-butyl phthalate
Antimony
Tetrachloroethylene
Di-n-octyl phthalate
Arsenic
Toluene
Dibenzo(a,h)anthracene
Beryllium
1, 1, 1 -trichloroethane
1,2-dichlorobenzene
Cadmium
1,1,2-trichloroethane
1,3-dichlorobenzene
Chromium
Trichloroethylene
1, 4-dichlorobenzene
Copper
Vinyl chloride
3,3-dichlorobenzidine
Lead
Acid -extractable compounds:
Diethyl phthalate
Mercury (EPA Method 1631E)
P-chloro-m-cresol
Dimethyl phthalate
Nickel
2-chlorophenol
2,4-dinitrotoluene
Selenium
2,4-dichlorophenol
2,6-dinitrotoluene
Silver
2,4-dimethylphenol
1,2-diphenylhydrazine
Thallium
4,6-dinitro-o-cresol
Fluoranthene
Zinc
2,4-dinitrophenol
Fluorene
Cyanide
2-nitrophenol
Hexachlorobenzene
Total phenolic compounds
4-nitrophenol
Hexachlorobutadiene
Volatile organic compounds:
Pentachlorophenol
Hexachlorocyclo-pentadiene
Acrolein
Phenol
Hexachloroethane
Acrylonitrile
2, 4, 6-trichlorophenol
Indeno (1, 2, 3-cd)pyrene
Benzene
Base -neutral compounds:
Isophorone
Bromoform
Acenaphthene
Naphthalene
Carbon tetrachloride
Acenaphthylene
Nitrobenzene
Chlorobenzene
Anthracene
N-nitrosodi-n-propylamine
Chlorodibromomethane
Benzidine
N-nitrosodimethylamine
Chloroethane
Benzo(a)anthracene
N-nitrosodiphenylamine
2-chloroethylvinyl ether
Benzo(a)pyrene
Phenanthrene
Chloroform
3,4 benzofluoranthene
Pyrene
Dichlorobromomethane
Benzo(ghi)perylene
1,2,4-trichlorobenzene
1, 1 -dichloroethane
Benzo(k)fluoranthene
1,2-dichloroethane
Bis (2-chloroethoxy)
methane
Reporting. In the 4th year of the Permit the effluent pollutant scan shall be performed and test
results shall be submitted to the Division within 270 days of the sampling. It is recommended that
the timing of the scan be conducted so that results can be submitted with the NPDES permit
renewal application, but within the 270 day period.
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