HomeMy WebLinkAboutNC0001899_Historical_2016Water Resources
Environmental Quality
November 10, 2017
Mr. Jason Kaplan, Manager
Moncure Holding West, LLC
282 Century Place, Suite 2000
Louisville, CO 80027
ROY COOPER
Governor
MICHAEL S. REGAN
Secretary
LINDA CULPEPPER
Interim Director
NC Dept of Environmental Quality
DEC - 5 2017
Raleigh Regional Office
Subject: Issuance of NPDES Permit
Permit NC0001899
Moncure Holding West, LLC
Chatham County
Facility Class II
Dear Mr. Kaplan:
The Division of Water Resources is forwarding herewith the Final NPDES permit for your
facility. This permit renewal 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).
This Final permit incorporates the following changes from your current permit:
• The BOD limits were changed to 5.0 mg/L -Monthly Average/ 10 mg/L -Daily
Maximum based on the policy developed for the Basin Plan (Outfall 001).--
• The TSS inti*�- =ge�te 30,0 mg/L -Monthly Average 46-0� i�=�, -- —1
Maximum based on the policy developed for the Basin Plan (Outfall 001J-
• The Oil and Gre-ase�_vi=e increased based on the requiremenAs --
437 (Outfall 001). -
• The limits for NH3, $V, and TP were added to the permit based on tie policy
developed for the Basin Plan (Outfall 001). =_
• Limits for Total Cadmium were added to the permit based on the results o -the
Reasonable Potential Analysis (Outfall 001).
• Limits for OCPSF parameters were replaced with limits for CWT parameters due
to the planned change in the facility specialization (Outfall 001).
• Federal regulations require electronic submittal of all discharge monitoring
reports (DMRs) and program reports. The requirement to continue reporting
discharge monitoring data electronically using the NC DWR's Electronic
Discharge Monitoring Report (eDMR) internet application has been added to your
final NPDES permit. [See Special Condition A. (6.)]
!'Nothing Compares:-...
State of North Carolina I Eoviroumental Quality
1611 Mail Service Center I Raleigh, North Carolina 27699-1611
919-707-9000
0 16
• The Closure Requirements special condition was added to the permit to assure
protection of the receiving stream during the closure process.
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 a demand is made, this permit
shall be final and binding.
Please take notice that this permit is not transferable except after notice to the Division
of Water Resources. The Division may require modification or revocation and reissuance
of the permit. This permit does not affect the legal requirements to obtain other permits
which may be required by the Division of Water Resources, the Division of Land
Resources, the Coastal Area Management Act, or any other federal or local governmental
permit.
If you have any questions on this permit, please contact Sergei Chernikov at 919-807-
6386.
Sincerely,
L a ulp�pf�
terim Du ector, Division of
Water Resources
Hardcopy: Central Files
NPDES Files— -- --
Raieigh Regional-0 aterQuality
E-copy: WSS/AquaticcelogKnit=
WSS/(mark.vaar�erborg&jncdenr.gov) _ - -
Permit NC0001899
STATE OF NORTH CAROLINA
DEPARTMENT OF ENVIRONMENTAL QUALITY
DIVISION OF WATER RESOURCES
PERMIT
TO DISCHARGE WASTEWATER UNDER THE
NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM
In compliance with the provisions of North Carolina General Statute 143-215.1, other lawful
standards and regulations promulgated and adopted by the North Carolina Water Quality
Commission, and the Federal Water Pollution Control Act, as amended,
Moncure Holding West, LLC
is hereby authorized to discharge wastewater from a facility located at the
Moncure Holding West, LLC WWTP
338 Pea Ridge Road, New HM Z1 5
Chatham County
to receiving waters designated as the Haw River in the Cape Fear River Basin in
accordance with the discharge limitations, monitoring requirements, and other applicable
_. conditions set forth in Parts I, II, and III.
---T_3'his permit modification shall become effete December 1, 2017.. _—
This permit and the authorization to discharge shall expire at midnight on July 31, 2021
y Signed this day November 10, 2017. --
m
U Culpep rim Director
ro' ion of Water Resources
By the Authority of the Environmental Management Commission
Page 1 of 11
Permit NC0001899
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.
Moncure Holding West, LLC is hereby authorized to:
is hereby authorized to:
Continue to discharge the combined treated process and domestic wastewater, and
treated water treatment plant backwash wastewater to Outfall 001 permitted for 0.244
MGD, consisting of wastewater treatment components:
o Sanitary bar screen, grinder, and lift station
o Process wastewater lift station
o One (1) 1,200 gallons mixing/neutralization chamber with automatic pH control
o One (1) 650,000 gallons aeration basin with mechanical aerators
o Coagulent addition system
o One (1) 18,500 gallons clarifier
o One (1) 1000 ftz sludge drying bed
o Chlorine contact chamber (no chlorination)
o Conventional water treatment plant with chemical addition systems
o One (1) 20,000 gallons clarifier
o Two (2) alum settling ponds, one 300,000 gallons, one 500,000 gallons
o One (1) 1,000,000 gallon polishing pond
o Effluent composite sampler
o Effluent meter
2. Continue to discharge stormwater, condensate, and overflow from two 1,200,000 gallons
fire ponds to Outfall 002.
- -- This*xili"-located at -tile e , nc., affPeaRidge Road east o e --
in Chatham County.
3. Discharge wastewater from said treafinent works at the location specified on the attached
map via outfall 001 into the Haw River and via outfall 002 to Shaddox Creek, both of
which are classified WS-IV waters in -the Cape Fear River Basin. -
Page 2 of 11
Permit NC0001899
Part I
A. (1.) EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS (Outfall 001)
[15A NCAC 02B .0400 et seq., 02B .0500 et seq.]
During the period beginning on the effective date of the permit and lasting until expiration, the
Permittee is authorized to discharge treated process, domestic, and filter backwash wastewater from
Outfall 001. Such discharges shall be limited and monitoreds by the Permittee as specified below:
Effluent
Characteristics
Limits
Monitoring Requirements
Monthly Average
Daily Maximum
Measurement
Frequency
Sample
a
Sample
Location I
Flow
0.244 MGD
Continuous
Recording
Influent or
Effluent
pH 2
6.0 s pH s 9.0
Continuous
Recording
Effluent
BOD, 5 day (20°C)
5.0 mg/L
10.0 mg/L
Weekly
Composite
Effluent
Total Suspended Solids
30.0 mg/L
45.0 mg/L
Weekly
Composite
Effluent
NH3-N
1.0 mg/L
2.0 mg/L
Weekly
Composite
Effluent
Oil and Grease
55.67 lbs/day
210.92 lbs/day
Weekly
Grab
Effluent
Temperature, °C
Monthly
Grab
Effluent
Temperature, °C
Monthly
Grab
Upstream &
Downstream
Conductivity, µmohs/cm
Monthly
Grab
Effluent
Conductivity, µmohs/cm
Monthly
Grab
Upstream &
Downstream
Dissolved Oxygen, mg/L
Monthly
Grab
Effluent
Dissolved Oxygen, mg/L
Monthly
Grab
Upstream &
Downstream
Total Nitrogen3•7
4.48 lb/day
Quarterly
Composite
Effluent
Total Phosphorus?
1.0 lb/day
Quarterly
Composite
Effluent
Total Cadmium
62.9 µg/L
284.7 µg/L
Monthly
Composite
Effluent
Chronic Toxicity 4
Quarterly
Composite
Effluent
CWT 5
Quarterly
Grab
Effluent
Cyanide6
178.0 mg/L
500.0 mg/L
Quarterly
Grab
Effluent
FootnQjgs:
1 Upstream- va vsw}--Fa iw-e'- Down Cream__,«_
_��._e__-. �1--_- rm.�,v�r-water pump -house. aeeessibk-point -- - —
at.least 100 yards below the outfall and above the confluence of the Deep and Haw Rivers.
Instream_monitoring is provisionally waived due to the pamaitx4e!-aarticipation in_the Upper
Cape Fear Rfver Basin Association. Instream monitoring shall be conducted as stated in this
peopit should the permittee end its participation in the Association.
2. TheTH shall be monitored continuously at the effluent. -
3. TN.a TKN + NO3-N + NO2-N, where TN is Total Nitrogen, TKN is Total Kjeldahl Nitrogen, and
NO3-Nand NO2-N are Nitrate and Nitrite Nitrogen, respectively.
4. Chronic Toxicity (Ceriodaphnia) Chronic P/ F at 0.94% January, April, July, and October, see A.
(4.).
5. Refer to A. (2.) regarding CWT monitoring.
6. CWT - based limitation.
7. Please see Special Condition A. (7.).
8. The permittee shall submit Discharge Monitoring Reports electronically using NC DWR's eDMR
application system. Please See Special Condition A. (6.).
THERE SHALL BE NO DISCHARGE OF FLOATING SOLIDS OR VISIBLE FOAM IN OTHER THAN
TRACE AMOUNTS.
Page 3 of 11
Pemiit NC0001899
A. (2.) EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS (Outfan
001-CWT)
115A 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 CWT related process wastewater from Outfall 001. Such
discharges shall be limited and monitored by the Permittee as specified below:
Effluent Characteristic
Monthly
Average
lbs da
Daily
Maximum
lbs da
Frequency
Measurement
Sample
Type
Sample
Location
Acetone
4.65
17.6
Quarterly
Grab
Effluent
ceto henone
0.033
0.067
Quarterly
Grab
Effluent
2-Butanone
1.08
2.81
Quarterly
Grab
Effluent
o-Cresol
0.33
1.12
Quarterly
Grab
Effluent
Cresol
0.12
0.41
Quarterly
Grab
Effluent
Phenol
0.63
2.13
Quarterly
Grab
Effluent
Pyridine
0.11
0.22
Quarterly
Grab
Effluent
2 4 6-Trichloro henol
0.062
0.090
Quarterly
Grab
Effluent
Bis 2-eth ih 1 hthalate
0.059
0.126
Quarterly
Grab
Effluent
But3rlbenzyl
0.052
0.109
Quarterly
Grab
Effluent
Carbazole
0.161
0.349
Quarterly
Grab
Effluent
n-Decane
0.255
0.553
Quarterly
Grab
Effluent
Fluoranthene
0.016
0.031
Quarterly
Grab
Effluent
n-Octadecane
0.176
0.344
Quarterly
Grab
Effluent
Total Arsenic
0.793
1.786
Quarterly
Grab
Effluent
Total Chromium
0.224
0.547
Quarterly
Grab
Effluent
Total Cobalt
11.027
33.051
Quarterly
Grab
Effluent
Total Copper
0.725
1.23
Quarterly
Grab
Effluent
Total Lead
0.282
1.085
Quarterly
Grab
Effluent
Total Mercury
0.003964
0.010428
Quarterly
Grab
Effluent
Total Tin
0.1205
0.26
Quarterly
Grab
Effluent
Total Zinc
3.048
5.548
Quarterly
Grab
Effluent
Total Nickel
0.206
0.529
Quarterly
Grab
Effluent
Total Selenium
0.047
0.11T
Ouarterlv
Grab
Effluent
Total Silver
0.0081
0.0212
Quarterly-
uarterl
Grab
Effluent
T,ataLTitanium -
0.0041
O.Q _
arterly
Grab
Effluent
otal Vanadiumi_
0.035
0.0 -
uarterl
-Grab
Effluent
Page 4 of 11
Permit NC0001899
A. (3.) EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS (Outfall
002)
[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 stormwater, steam condensate, and fire pond overflow wastewater
from Outfall 002. Such discharges shall be limited and monitored3 by the Permittee as specified
below:
Effluent
Characteristics
Limits
Monitoring Requirements
Monthly
Average
Weekly
Average
Daily
Maximum
Measurement
Frequency
Sample
a
Sample
Location
Flow
Weekly
Instantaneous
Effluent
Temperature, °C 1
Weekly
Grab
Effluent
pH
Not greater than 9.0 S.U. nor less
than 6.0 S.U.
Weekly
Grab
Effluent
Total Aluminum, µg/L
Quarterly
Grab
Effluent
Total Zinc, µg/L
Quarterly
Grab
Effluent
Acute Toxicity 2
Annually
Grab
Effluent
Footnotes:
1. The temperature of the effluent shall be such as not to cause an increase in the temperature of
the receiving stream of more than 2.80C and in no case cause the ambient water temperature to
exceed 32"C.
2. Acute Toxicity (Fathead Minnow) Annual Monitoring, see A. (5).
3. The permittee shall submit Discharge Monitoring Reports electronically using NC DWR's eDMR
application system. Please See Special Condition A. (6.).
THERE SHALL BE NO DISCHARGE OF FLOATING SOLIDS OR VISIBLE FOAM IN OTHER THAN
TRACE AMOUNTS.
A. (4.) CHRONIC TOXICITY PASS/FAIL LIMIT (QUARTERLY)-Outfall 001
[15A NCAC 02B .0200 et seq.] _
The a uent harge shall at -no time exhibit observable inhibition of repro action or significant
mortality to Ceriodaphniasiubia at an effluent concentration of 0.94%.�_ _
The permit holder sliiall perform at a minimum, quarterly monitoring using rest procedures outlined
in the "North Carolina Ceriodaphnia Chronic Effluent Bioassay Procedure,"Ievised February 1998,
or subsequent versions or "North Carolina Phase II Chronic Whole Effluent Toxicity Test Procedure"
(Revised -February I�n8) or subsequent versions. The tests will be performe3 "during the months of
January, April, Julys and October. Effluent sampling for this testing shall be performed at the
NPDES permitted final effluent discharge below all treatment processes.
If the quarterly test procedure 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 TGP3B for the pass/fail results and THP3B for the Chronic Value. Additionally,
DWR Form AT-3 (original) is to be sent to the following address:
Page 5 of 11
Petrait NC0001899
Attention: North Carolina Division of Water Resources
Water Sciences Section/Aquatic Toxicology Branch
1621 Mail Service Center
Raleigh, North Carolina 27699-1621
Completed Aquatic Toxicity Test Forms shall be filed with the Water Sciences Section no later than
30 days after the end of the reporting period for which the report is made.
Test data shall be complete, 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.
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 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. (5.) ACUTE TOXICITY LIMIT (ANNUALLY)- Outfall 002
[15A NCAC 02B .0200 et seq.]
The permittee shall conduct acute toxicity tests on an annual basis using protocols defined in the
North Carolina -Procedure Document entitled "Pass/Fail Methodology For Determining Acute
nt Concentrations (Revised=duly, 1992 or subsequent versions)-. The ----
monitoring slTall be performed as a Fathead Minnow (Pimephaies pr6►iWas) 24 hour static test. The
effluent cont�iuffaywhich there -may -he at no time significant a2SCexi> lity-ls 90% (defined- -
as treatment two in the procedure document). Effluent samples for self monitoring purposes must
be obtained dMing representative effluent discharge below all waste treatment.
All toxicity tesi ig results required as part of this permit condition will'Se entered on the Effluent
Discharge Monitoring Form (MR-1) for the month in which it was performed-, using the parameter
code TGE6C. Additionally, DWR Form AT-2 (original) is to be sent to the following address:
Attention: North Carolina Division of Water Resources
Water Sciences Section/Aquatic Toxicology Branch
1621 Mail Service Center
Raleigh, North Carolina 27699-1621
Completed Aquatic Toxicity Test Forms shall be filed with the Water Sciences Section no later than
30 days after the end of the reporting period for which the report is made.
Test data shall be complete and accurate and include all supporting chemical/physical
measurements performed in association with the toxicity tests, as well as all dose/response data.
Page 6of11
Permit NC0001899
Total residual chlorine of the effluent toxicity sample must be measured and reported if chlorine is
employed for disinfection of the waste stream.
Should there be no discharge of flow from the facility during a month in which toxicity monitoring is
required, the permittee will complete the information located at the top of the aquatic toxicity (AT)
test form indicating the facility name, permit number, pipe number, county, and the month/year of
the report with the notation of "No Flow" in the comment area of the form. The report shall be
submitted to the Water Sciences Section at the address cited above.
Should any test data from either these monitoring requirements or tests performed by the North
Carolina Division of Water Resources indicate potential impacts to the receiving stream, this permit
may be re -opened and modified to include alternate monitoring requirements or limits.
NOTE: Failure to achieve test conditions as specified in the cited document, such as minimum
control organism survival and appropriate environmental controls, shall constitute an invalid test
and will require immediate follow-up testing to be completed no later than the last day of the month
following the month of the initial monitoring.
A. (6.) 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.) Reporting
• Section D. (6.) Records Retention
• Section E. (5.) Monitoring Reports
1. Reporting Requirements [Supersedes Section D. 12.) and Section E. 15.) (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 electronicall DMR. -The eDMR system allows permitted facili=to.enter-
monitoring data and submisetieselectronically using the internet. Untilsuch time that the
state's eDMR application is cowpliant with EPA's Cross -Media Electronic Reporting Regulation
(CROMERR), permittees will be -required to submit all discharge monitoring data to therstate
electronically using eDMR andZwill-be required to complete the eDMR submission by panting,
signing, and submitting one signed -original and a copy of the computer printed eDMR jo-the
following address:
NC DEQ / Division of Water Resources / Water Quality Permitting Section
ATTENTION: Central Files
1617 Mail Service Center
Raleigh, North Carolina 27699-1617
If a permittee is unable to use the eDMR system due to a demonstrated hardship or due to the
facility being physically located in an area where less than 10 percent of the households have
broadband access, then a temporary waiver from the NPDES electronic reporting requirements
may be granted and discharge monitoring data may be submitted on paper DMR forms (MR 1,
1. 1, 2, 3) or alternative forms approved by the Director. Duplicate signed copies shall be
Page 7 of 11
Permit NC0001899
submitted to the mailing address above. See "How to Request a Waiver from Electronic
Reporting" section below.
Regardless of the submission method, the first DMR is due on the last day of the month
following the issuance of the permit or in the case of a new facility, on the last day of the month
following the commencement of discharge.
Starting on December 21, 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 122.410)(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:
httns: / /www.federalregister.gov/ documents / 2015 / 10 / 22 / 2015-24954 /national-l)oHutant-
discharge-elimination-system-nudes-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 see porary�actronic reporting waiver from the Divis9= 7ibK� -
electronic reporting waiver, a permittee must first submit an electronic reportingwaiver 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 diMe the facility
would be required under -this permit to begin submitting monitoring data and repbrts. The
duration of a temporary waiver shall not exceed 5 years and shall thereupon exp-ir`e.. -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:
httu: / Idea.nc.gov/about/divisions/water-resources/edmr
Page 8 of 11
Permit NC0001899
4. minatory Reauirements (Supplements Section B. 111.1(bland Supersedes Section B. 111.1
La
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:
httu: / /dea.nc.eov/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 122.221. 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 offines and imprisonment for knowing violations."
5. Records Retention [Supplements Section D. 16.11
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 140
CFR 122.41].
A. (7.) CALCULATION OF TOTAL NITROGEN AND TOTAL PHOSPHORUS LOADS
[G.S. 143-215.1(b)]
-- The Permittee shall calculate monthly TN and TP Loads as follows: - —
Monthly TN or TP Load lb mo - TN jor TP x TMF x 8.34
-- where:
TN or TP = the average3'otal Nitrogen or Total Phosphorus concentration _
(mg/L) of*he-composite samples collected during the month
TMF = the Total 46rithly Flow of wastewater discharged during the -�
month (MGTmo) - —
8.34 = conversion factor, from (mg/L x MG) to pounds
The Permittee shall report monthly Total Nitrogen and Total Phosphorus results (mg/L and lb/mo)
in the appropriate discharge monitoring report for each month.
A. (8.) CLOSURE REQUIREMENTS
Before the facility initiates the closure of the site, it shall conduct sampling and analysis of all
wastewater contained in every treatment unit, including 1,200 gallons mixing/neutralization
chamber, 650,000 gallons aeration basin with mechanical aerators, 18,500 gallons clarifier,
1000 ft2 sludge drying bed, Chlorine contact chamber, Conventional water treatment plant with
Page 9 of 11
Pentut NC0001899
chemical addition systems, 20,000 gallons clarifier, Two (2) alum settling ponds, one 300,000
gallons, one 500,000 gallons, and 1,000,000 gallon polishing pond. The liquid and the
sludge/ sediment shall be sampled separately. The following compounds shall be sampled in each
treatment unit (Alternatively, the facility can transfer all the wastewater sludge in one or several
treatment units, it will reduce the number of samples). 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
Nitrate/Nitrite
Kjeldahl nitrogen
Oil and grease
Phosphorus
Total dissolved solids
Hardness
Antimony
Arsenic
Beryllium
Cadmium
Chromium
Copper
Lead
Mercury (EPA Method 1631E)
Nickel
Selenium
Silver
Thallium
Zinc
Cyanide
Total phenolic compounds
Acrolein
Ac_rylonitrile
Benzene
Bromoform
Carbon tetrachloride
Chlorobenzene
Chlorodibromomethane
Chloroethane
2-chloroethylvinyl ether
Chloroform
Dichlorobromomethane
1,1-dichloroethane
1,2-dichloroethane
Bis (2-ethylhexyl) phthalate
4-bromophenyl phenyl ether
Butyl benzyl phthalate
2-chloronaphthalene
4-chlorophenyl phenyl ether
Chrysene
Di-n-butyl phthalate
Di-n-octyl phthalate
Dibenzo(a,h)anthracene
1,2-dichlorobenzene
1,3-dichlorobenzene
1,4-dichlorobenzene
3,3-dichlorobenzidine
Diethyl phthalate
Dimethyl phthalate
2,4-dinitrotoluene
2,6-dinitrotoluene
1,2-diphenylhydrazine
Fluoranthene
Fluorene
Hexachlorobenzene
Hexachlorobutadiene
Hexachlorocyclo-pentadiene
_ Phenol Hexachloroethane — -
_ 2.4.6-trichloronhenoI Indeno(1,2,3-cd)pyrene
Isophorone
1,2-dichloropropane
1,3-dichloropropylene
Ethylbenzene
Methyl bromide
Methyl chloride
Methylene chloride
1,1,2,2-tetrachloroethane
Tetrachloroethylene
Toluene
1, 1, 1 -trichloroethane
1,1,2-trichloroethane
Trichloroethylene
Vinyl chloride
P-chloro-m-cresol
2-chlorophenol
2,4-dichlorophenol
2,4-dimethylphenol
4,6-dinitro-o-cresol
2,4-dinitrophenol
2-nitrophenol
4-nitrophenol
Pentachlorophenol
_�e�kEhene = —
Accenaphthylene
Arithracene
Senzidine
TEenzo(a)anthracene
Benzo(a)pyrene
3,4 benzofluoranthene
Benzo(ghi)perylene
Benzo(k)fluoranthene
Bis (2-chloroethoxy)
methane
The results of the sampling shall be reported to:
1) Division of Water Resources
WQ Permitting Section - NPDES
1617 Mail Service Center
Raleigh, NC 27699-1617
Naphthalene
Nitrobenzene
N-nitrosodi-n-propylamine
N-nitrosodimethylamine
N-nitrosodiphenylamine
Phenanthrene
Pyrene
1,2,4-trichlorobenzene
1, 4 - dioxane
Page 10 of 11
Permit NC0001899
2) Division of Water Resources/Raleigh Regional Office
Mr. Danny Smith
3800 Barrett Drive, Raleigh, NC 27609
Phone: 919-791-4200
The facility shall coordinate development of the closure plan with the Raleigh Regional Office.
The facility shall obtain a permission from the Raleigh Regional Office prior to the
commencement of any wastewater discharge.
Prior to closing any one of the lagoons at the site, the permittee shall propose a closure plan and
follow subsequent closure procedures outlined in a memo from Ted Bush dated January 22, 2012
(See Attachment 1. "Guidelines for the Closure of Permitted Wastewater Ponds and Lagoons"). All
documents required in this memo shall be submitted to:
NCDEQ/Division of Water Resources
Non -Discharge Permitting Unit
1617 Mail Service Center
Raleigh, NC 27699-1617
NCDEQ/Division of Water Resources
Water Quality Regional Operations / RRO
3800 Barrett Drive
Raleigh, NC 27609
NCDEQ/Division of Water Resources
NPDES Complex Permitting Unit
1617 Mail Service Center
Raleigh, NC 27699-1617
Page 11 of 11
Moncure Holding
Upstream West LLC
NC0001899
Outfall001 �*
NC0001899
Outfa11002
Downstream
NC0001899
'h
USGS Quad: E22SE Moncure, NC
Latitude Longitude
Facility: 35° 37' 7" N 790 2' 46" N J;
Outfall 001: 350 37' 1" W 79' 3' 25" W
Outfall 002: 350 37' 0" W 790 2' 36" W Facility Location
Stream Class: WS-IV Subbasin: 03-06-07 HUC: 03030002 North
Receiving Streams: Outfall 001 Haw River Moncure Holding West, LLC NC00018 99
Outfall 002 Shaddox Creek Chatham County
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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 Ouarter
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
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(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 he 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. I£ 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 Environment and Natural Resources.
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).
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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
cotiform or other bacterial parameters or indicators, the geometric mean of such discharges.
Permit Issuing Authority
The Director of the Division of Water Resources.
Ouarterly 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
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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)(iu) 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 Il 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 II.C.4), "Upsets" (Part II.C.S) 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.
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7. Severability
The provisions of this permit are severable. If any provision of this permit, or the application of any provision of
this permit to any circumstances, is held invalid, the application of such provision to other circumstances, and the
remainder of this permit, shall not be affected thereby [NCGS 150B-23].
8. Duty to Provide Information
The Permittee shall fumish 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 Pemuttee 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. Sienatory 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 122.221
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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 122.221. 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 qualifted 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
submittingfalse information, including the possibility offrnes 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).
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(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 11, 111 and 1V 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 he 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.
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(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)]: 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 ILB.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 Pemrittee 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. Monitornm_ and Records
1. 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:
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NC DENR / Division of Water Resources / Water Quality Permitting Section
ATTENTION: Central Files
1617 Mail Service Center
Raleigh, North Carolina 27699-1617
3. 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 l0% from the true discharge rates throughout the range of expected discharge
volumes. Flow measurement devices shall be accurately calibrated at a minimum of once per year and maintained
to ensure that the accuracy of the measurements is consistent with the accepted capability of that type of device.
The Director shall approve the flow measurement device and monitoring location prior to installation.
Once -through condenser cooling water flow monitored by pump logs, or pump hour meters as specified in Part I of
this permit and based on the manufacturer's pump curves shall not be subject to this requirement.
4. Test Procedures
Laboratories used for sample analysis must be certified by the Division. Permittees should contact the Division's
Laboratory Certification Section (919 733-3908 or http://portal.ncdenr.org/web/wgAab/cert) 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 Tamperinu
The CWA provides that any person who falsifies, tampers with, or knowingly renders inaccurate, any monitoring
device or method required to be maintained under this permit shall, upon conviction, be punished by a fine of not
more than $10,000 per violation, or by imprisonment for not more than two years per violation, or by both. If a
conviction of a person is for a violation committed after a first conviction of such person under this paragraph,
punishment is a fine of not more than $20,000 per day of violation, or by imprisonment of not more than 4 years,
or both [40 CFR 122.411.
6. Records Retention
Except for records of monitoring information required by this permit related to the Pemmittee'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 Pemmittee shall retain records of all monitoring information, including:
➢ all calibration and maintenance records
➢ all original strip chart recordings for continuous monitoring instrumentation
➢ copies of all reports required by this permit
➢ copies of all data used to complete the application for this permit
These records or copies shall be maintained for a period of at least 3 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
122.411.
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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. Insoection 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 Reporting 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
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.
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5. Monitoring Reports
Monitoring results shall be reported at the intervals specified elsewhere in this permit [40 CFR 122.41(1)(4)].
a. Monitoring results must be reported on a Discharge Monitoring Report (DMR) (See Part II.D.2) or forms
provided by the Director for reporting results of monitoring of sludge use or disposal practices.
b. If the Permittee monitors any pollutant more frequently than required by this permit 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 Reportint
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) 662-7956, (800) 858-0368 or (919) 733-3300.
7. Other Noncompliance
The Permittee shall report all instances of noncompliance not reported under Part II.E.5 and 6. of this permit at the
time monitoring reports are submitted. The reports shall contain the information listed in Part II.E.6. of this permit
[40 CFR 122.41(I)(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 fast
knowledge of the occurrence. Also see reporting requirements for municipalities in Part IV.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
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.
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11. Penalties for Falsification of Reports
The C WA 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 Pemuttee (NCGS 143-215.1C). The report shall summarize the
performance of the collection or treatment system, as well as the extent to which the facility was compliant with
applicable Federal or State laws, regulations and rules pertaining to water quality. The report shall be provided no
later than sixty days after the end of the calendar or fiscal year, depending upon which annual period is used for
evaluation.
The report shall be sent to:
NC DENR / Division of Water Resources / Water Quality Permitting Section
ATTENTION: Central Files
1617 Mail Service Center
Raleigh, North Carolina 27699-1617
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PART III
OTHER REQUIREMENTS
Section A. Construction
a. The Permittee shall not commence construction of wastewater treatment facilities, nor add to the planes treatment
capacity, nor change the treatment process(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 Monitorine
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 Pennittee 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-methyl4,6dinitrophenol; and one milligram per liter (I 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.
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PART IV
SPECIAL CONDITIONS FOR MUNICIPAL FACILITIES
Section A. Definitions
In addition to the definitions in Part B 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 ISA NCAC 02H .0903(b)(l 1)]
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 POTW's if different from the
Permittee) NPDES, collection system, or non -discharge pemvt 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 [15A 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 POTW's 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 POTW's 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)
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All POTWs must provide adequate notice to the Director of the following [40 CFR 122.42(b)]:
i . 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 400C (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 Pernaittee 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,
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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 122.440)(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 11 or Part W
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-iu) 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 403.91
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 H.D and II.E.5.). [15A
NCAC 02H .0903(b)(16), .0906(b)(3) and .0905]
4. Headworks Analysis (HWA) 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
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enforceable Pretreatment Standards as defined by 40 CFR 403.3(l). [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 Pernittee'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 IUP loadings for each parameter cannot exceed the treatment capacity of the POTW as
determined by the HWA. [I5A NCAC 02H .0906(b)(6), .0909, .0916, and .0917; 40 CFR 403.5, 403.8(f)(lxiii);
NCGS 143-215.67(a)]
6. Authorization to Construct (AtQ
The Permittee shall ensure that an Authorization to Construct permit (AtQ is issued to all applicable Industrial
Users for the construction or modification of any pretreatment facility. Prior to the issuance of an AtC, the
proposed pretreatment facility and treatment process must be evaluated for its capacity to comply with all
Industrial User Pretreatment Permit (IUP) limitations. [15A NCAC 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. [I5A NCAC 02H .0908(e); 40 CFR 403.8(f)(2xv)] The
Pemrittee must:
a. Inspect all Significant Industrial Users (SIUs) 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
122.44( )(2) and 40 CFR 403.121
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. [ I5A 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 1110912011.1
PDES Permit Standard Conditions
Page 18 of 18
NC DENR / 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 Remort (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
lUs 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 (IUs) that were in significant noncompliance (SNC)
as defined in the Pemtittee'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(bx34), .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 111092011.1
PAT MCCRORY
Water Resources
ENVIRONMENTAL QUALITY
NC DENR Raleigh 0,51ce
February 1, 2016
Mr. Jason Kaplan
Moncure Holdings Utility, LLC
282 Century Place, Suite 2000
Louisville, CO 80027
DONALD R. VAN DER VAART
S. JAY ZIMMERMAN
Subject: Minor modification of NPDES Permit NC0001899
Moncure Holdings Utility WWTP
Chatham County
Dear Mr. Griffin:
The Division has received and reviewed the request submitted by your Authorized Representative
(Laura Styles of WithersRavenel) to transfer ownership of the subject permit. The Diviison does not object
to your request. This modification 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). Insert the attached page into your
permit and discard the old page.
This modified permit includes the following changes from your current permit:
➢ Moncure Holdings Utility, LLC now has ownership of the permit and facility.
➢ Regulatory citations have been added to the permit.
If any parts, measurement frequencies or sampling requirements contained in this modification are
unacceptable to you, you have the right to an adjudicatory hearing upon written request within thirty (30)
days following receipt of this letter. This request must be in the form of a written petition, conforming to
Chapter 150B of the North Carolina General Statutes, and filed with the Office of Administrative Hearings
(6714 Mail Service Center, Raleigh, North Carolina 27699-6714). Unless such demand is made, this
decision shall be final and binding.
This permit is not transferable except after notice to the Division. The Division may require
modification or revocation and reissuance of the permit. This permit does not affect the legal requirements
to obtain other permits which may be required by any other Federal, State, or Local governmental
regulation. If you have any questions concerning this matter, please contact Charles H. Weaver at (919)
807-6391 or via e-mail [charles.weaver@ncdenr.gov].
Since ly, 0
S. Jay Zimmerman, Direc
Division of Water Resources
cc: Central Files NPDES Unit Raleigh Regional Office / Danny Smith
ec: Laura Styles / WithersRavenel
State of North Carolina I Environmental Quality I Water Resources
1617 Mail Service Center I Raleigh, NC 27699-1617
919 807 6300 919-807-6389 FAX
http://portal.nodem.org/web/wq
� � a
Permit NC0001899
STATE OF NORTH CAROLINA
DEPARTMENT OF ENVIRONMENTAL QUALITY
DIVISION OF WATER RESOURCES
PERMIT
TO DISCHARGE WASTEWATER UNDER THE
NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM
In compliance with the provisions of North Carolina General Statute 143-215.1, other lawful standards
and regulations promulgated and adopted by the North Carolina Water Quality Commission, and the
Federal Water Pollution Control Act, as amended,
Moncure Holdings Utility, LLC
is hereby authorized to discharge wastewater from a facility located at the
Moncure Holdings Utility, LLC WWTP
338 Pea Ridge Road East of Moncure
Chatham County
to receiving waters designated as the Haw River and Shaddox Creek in the Cape Fear River Basin, in
accordance with the discharge limitations, monitoring requirements, and other conditions set forth in
Parts I,11, III and IV hereof.
This permit shall become effective February 1, 2016.
This permit and the authorization to discharge shall expire at midnight on July 31, 2016. '
Signed this day February 1, 2016
S. iminerman, P.G., Director ffvKsion of Water Resources
By the Authority of the Environmental Management Commission
Page 1 of
Permit NC0001899
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, tams, and provisions included
herein.
Moneure Holdings Utility, LLC is hereby authorized to
Continue to discharge combined treated process and domestic wastewater, and treated WTP
backwash wastewater to Outfall 001, from a wastewater treatment system that includes the
following components:
o Sanitary bar screen, grinder, and lift station
o Process wastewater lift station
o One (1) 1,200 gallons mixing/neutralization chamber with automatic pH control
o One (1) 650,000 gallons aeration basin with mechanical aerators
o Coagulent addition system
o One (1) 18,500 gallons clarifier
o One (1) 1000 ft2 sludge drying bed
o Chlorine contact chamber (no chlorination)
o Conventional water treatment plant with chemical addition systems
o One (1) 20,000 gallons clarifier
o Two (2) alum settling ponds, one 300,000 gallons, one 500,000 gallons
o One (1) 1,000,000 gallon polishing pond
o Effluent composite sampler
o Effluent meter
2. Continue to discharge stormwater, condensate, and overflow from two 1,200,000 gallons fire
ponds to Outfa11002.
This facility is located at the Moncure Holdings Utility, LLC W WTP (338 Pea Ridge Road east of
Moncure) in Chatham County
3. Discharge wastewater from said treatment works at the location specified on the attached map
via outfall 001 into the Haw River and via outf al 002 to Shaddox Creek, both of which are
classified WS-1V waters in the Cape Fear River Basin,
Page 2 of 8
Permit NC0001899
Part I
A. (1) EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS — 001
[15A NCAC 0213.0400 et seq., 15A NCAC 0213.0500 et seq.]
During the period beginning on the effective date of the permit and lasting until expiration, the Pemuttee
is authorized to discharge treated process, domestic, and filter backwash wastewater from Outfall 001,
Such discharges shall be limited and monitored by the Permittee as specified below:
Parameter
Limits
Monitoring Re uirements
Monthly
Daily
Measurement
Sample
Sample
[PCS Code]
Average
Maximum
Frequency
Type
Location t
Flow 150050]
0.244 MGD
Continuous
Recording
Influent or
Effluent
pH 2 [00400]
> 6.0 and < 9.0 standard units
Continuous
Recording
Effluent
BOD, 5 da 20°C [QD310]
10.4 pounds/day
16.7 pounds /day
Weekly
Composite
Effluent
Total Suspended Solids
[00530]
5.0 pounds /day
10.6 pounds /day
Weekly
Composite
Effluent
Oil and Grease P05561
20.0 pounds /day
30.0 pounds /day
Weekly
Grab
Effluent
Temperature, °C [00010]
Monthly
Grab
Effluent,
U&D
Conductivity, Nmohs/cm
0094
Monthly
y
Grab
Effluent,
U & D
Dissolved Oxygen, mg/L
P03001
Monthly
y
Grab
Effluent,
U & D
Total Nitrogen, mg/L 3
[00600]
Quarterly
Composite
Effluent
Total mg/L
0665Phosphorus,
Quarterly
Composite
Effluent
Chronic Toxicity a
[IGP313
Quarterly
Composite
Effluent
OCPSF 5
Annually
Grab
Effluent
Footnotes:
1. U. valve at Permittee's river water pump house. D: nearest accessible point at least 100 yards below the outfall and above
the confluence of the Deep and Haw Rivers. Instream monitoring is provisionally waived due to the permidee's
participation in the Upper Cape Fear River Basin Association. Instream monitoring shall be conducted as stated in
this permit should the permittee end its participation in the Association.
2. The pH shall be monitored continuously at the effluent. In accordance with 40 CFR 401.17, the total time during which
the pH values are allowed to be less than 6.0 standard units or greater than 9.0 standard units shall not exceed 7 hours and
26 minutes in any calendar month, and no individual excursion outside the 6.0 to 9.0 range shall exceed 60 minutes.
3. TN = TKN + NO3-N + NOz-N, where TN is Total Nitrogen, TKN is Total Kjeldahl Nitrogen, and NO3-N and NO2-N are
Nitrate and Nitrite Nitrogen, respectively.
4. Chronic Toxicity (Ceriodaphnia) Chronic P/F at 0.94% with sampling in January, April, July, and October [see A. (3)].
5. Refer to A. (2) regarding OCPSF monitoring. Where any compound is detected, quarterly monitoring is required for that
compound until not detected in twelve consecutive samples. The permittee may use EPA test method 524.2 to monitor
OCPSF parameters (provided the method allows a detection level at or below the permitted limit).
THERE SHALL BE NO DISCHARGE OF FLOATING SOLIDS OR VISIBLE FOAM IN
OTHER THAN TRACE AMOUNTS.
Page 3 of 8
• Y�
Permit NC0001899
A. (2) EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS - 001 OCPSF
[I5A NCAC 0213.0400 et seq., 15A NCAC 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 OCPSF-related process wastewater from Outfall 001. Such discharges shall be
limited and monitored by the Permittee as specified below:
Parameter [PCS Code]
Daily
Maximum
ounds/day)
Monthly
Average
(ounds/day)
Frequency
Measurement
Sample
Type
Sample
Location
cenaphthene [34205]
0.004
0.001
Annually
Grab
Effluent
cenaphthlene [34200]
0.004
0.001
Annually
Grab
Effluent
crylonitrile [34215]
0.015
0.006
Annually
Grab
Effluent
nthracene [34220]
0.004
0.001
Annually
Grab
Effluent
Benzene [340301
0.009
0.002
Annually
Grab
Effluent
Benzo a anthracene 526
0.004
0.001
Annually
Grab
Effluent
,4-Benzofluoranthene [79531]
0.004
0.001
Annually
Grab
Effluent
Benzo(k)fluoranthene [34242]
0.004
0.001
Annually
Grab
Effluent
Benzo(a)p rene [34247]
0.004
0.001
Annually
Grab
Effluent
Bis (2-ethylhexyl) phthalate [39100]
0.017
0.006
Annually
Grab
Effluent
Carbon Tetrachloride 2102
0.002
0.001
Annually
Grab
Effluent
hlorobenzene P43011
0.002
0.001
Annually
Grab
Effluent
Chloroethane P4311
0.017
0.007
Annually
Grab
Effluent
Chloroform [32106]
0.003
0.001
Annually
Grab
Effluent
Chlorophenol [34586]
0.006
0.002
Annually
Grab
Effluent
Chrysene [34320]
0.004
0.001
1 Annually
Grab
Effluent
Di-n-butyl phthalate 9110
0.004
0.002
Annually
Grab
Effluent
1,2-Dichlorobenzene [345361
0.010
0.005
Annually
Grab
Effluent
1,3-Dichlorobenzene 566
0.003
0.002
Annually
Grab
Effluent
1,4-Dichlorobenzene [34571]
0.002
0.001
Annually
Grab
Effluent
1,1-Dichloroethane [344961
0.004
0.001
Annually
Grab
Effluent
1,2-Dichloroethane P21031
0.013
0.004
Annually
Grab
Effluent
1,1-Dichloroethylene [345011
0.002
0.001
Annually
Grab
Effluent
1,2-trans-Dichloroethlene P45461
0.003
0.001
Annually
Grab
Effluent
4-Dichloro henol P46011
0.007
0.002
Annually
Grab
Effluent
1,2-Dichloropropane [34541]
0.014
0.010
Annually
Grab
Effluent-
" 3-Dichloropropylene V71631
0.003
0.002
Annually
Grab
Effluent
Diethyl phthalate [34336]
0.013
0.005
Annually
Grab
Effluent
4-Dimethylphenol 606]
0.002
0.001
Annually
Grab
Effluent
Dimeth I phthalate 4341
0.003
0.001
AnnuallyGrab
Effluent
,6-Dinitro-o-cresol 657
0.017
0.005
AnnuallyGrab
Effluent
4-Dinitro henol [346161
0.008
0.004
Annually
Grab
Effluent
,4-Dinitrotoluene [34611]
0.018
0.007
Annually
Grab
Effluent
6-Dinitrotoluene 626]
0.040
0.016
Annually
Grab.
Effluent
Ethylbenzene [34371]
0.007
0.002
Annually
Grab
Effluent
Fluoranthene P43761 1
0.004
0.002
Annually
Grab
Effluent
Fluorene 381
0.004
0.001
Annually
Grab
Effluent
Hexachlorobenzene 9700
0.002
0.001
Annually
Grab
Effluent
Page 4 of 8
Permit NC0001899
Parameter [PCS Code]
Daily
Maximum
(pounds/day)
Monthly
Average
(ounds/day)
Frequency
Measurement t
Sample
Type
Sample
Location
Hexachlorobutadiene P97021
0.003
0.001
Annually
Grab
Effluent
Hexachloroethane P43961
0.003
0.001
Annually
Grab
Effluent
Methyl Chloride [34418]
0.012
0.005
Annually
Grab
Effluent
Methylene Chloride [34423]
0.006
0.003
Annually
Grab
Effluent
Naphthalene 4696
0.004
0.001
Annually
Grab
Effluent
Nitrobenzene 47
0.004
0.002
Annually
Grab
Effluent
Nitrophenol [34591]
0.004
0.003
Annually
Grab
Effluent
Nitrophenol [34646]
0.008
0.005
Annually
Grab
Effluent
Phenanthrene [34461]
0.004
0.001
Annually
Grab
Effluent
Phenol [34694]
0.002
0.001
Annually
Grab
Effluent
rene 4469
0.004
0.002
Annually
Grab
Effluent
etrachloroethlene 75
0.004
0.001
Annually
Grab
Effluent
Toluene [340101
0.005
0.002
Annually
Grab
Effluent
1,2,4-Tdchlorobenzene [34551]
0.009
0.004
Annually
Grab
Effluent
1,1,1-Tdchloroethane [34506]
0.003
0.001
Annually
Grab
Effluent
1,1,2-Trichloroethane P4511]
0.003
1 0.001
Annually
Grab
Effluent
richloroethlene [39180]
0.003
1 0.001
Annually
Grab
Effluent
Vinyl Chloride P91751
0.017
1 0.007
1 Annually
Grab
I Effluent
When the required EPA analytical method with the appropriate minimum detection level is followed and
a result of "non -detectable" or "below quantitation limit' is obtained, the permittee will be considered to
be in compliance with the numerical permit limit for that pollutant.
Footnote:
1. Where any compound is detected, quarterly monitoring is required for that compound until not
detected in twelve consecutive samples. The permittee may use EPA test method 524.2 to monitor
OCPSF parameters (provided the method allows a detection level at or below the permitted limit).
A. (3) CHRONIC TOXICITY PERMIT LIMIT (Quarterly) - 001
[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 0.94 %.
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.
Page 5 of 8
Permit NC0001899
If the test procedure performed as the fast 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 H 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 TGP3B for the pass/fail results and THP3B 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
1623 Mail Service Center
Raleigh, NC 27699-1623
Completed Aquatic Toxicity Test Forms shall be filed with the Water Sciences Section no later than 30
days after the end of the reporting period for which the report is made.
Test data shall be complete, 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.
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.
Page 6 of 8
Permit NC0001899
A. (4) EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS — 002
[15ANCAC 02B.0400 et seq., 15ANCAC 0213.0500 et seq.]
During the period beginning on the effective date of the permit and lasting until expiration, the Permittee
is authorized to discharge stormwater, steam Condensate, and fire pond overflow wastewater from Outfall
002. Such discharges shall be limited and monitored by the Permittee as specified below:
Parameter
[PCS Code]
Limits
Monitoring Requirements
Monthly
Average
Daily
Maximum
Measurement
Frequency
Sample Type
Sample
Location
Flow [50050]
Weekly
Instantaneous
Effluent
Temperature, °C 1 [00010]
Weekly
Grab
Effluent
pH P04001
> 6.0 and < 9.0 standard units
Weekly
Grab
Effluent
Total Aluminum, pg/L P11051
Quarterly
Grab
Effluent
Total Zinc, pg/L [01092]
Quarterly
Grab
Effluent
Acute Toxicity 2 [fAE6C]
Annually
Grab
Effluent
Footnotes:
1. The temperature of the effluent shall be such as not to cause an increase in the temperature of the
receiving stream of more than 2.8°C and in no case cause the ambient water temperature to exceed
32°C.
2. Acute Toxicity (Fathead Minnow) Annual Monitoring, see A. (5).
THERE SHALL BE NO DISCHARGE OF FLOATING SOLIDS OR VISIBLE FOAM IN
OTHER THAN TRACE AMOUNTS.
A. (S) ACUTE TOXICITY MONITORING (ANNUAL) — 002
[15A NCAC 02B.0500 et seq.]
The permittee shall conduct annual toxicity tests using protocols defined as definitive in E.P.A. Document
EPA/600/4-90/027 entitled "Methods for Measuring the Acute Toxicity of Effluents to Freshwater and
Marine Organisms." The monitoring shall be performed as a Fathead Minnow (Pimephales promelas)
24-hour static test. Effluent samples for self -monitoring purposes must be obtained below all waste
treatment. The permittee will conduct one test annually, with the annual period beginning in January of
the calendar year of the effective date of the permit.
The annual toxicity test must be performed by June 30. Should there be no discharge of flow from the
facility during the six month period January 1-June 30, 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 in the comments section indicate "No Flow for January 1-June 30, {calendar year]." The
report must be signed and submitted to the Environmental Sciences Section at the address noted below.
If no discharge event occurs from January 1-June 30 yet a discharge event occurs from July 1 December
31. then the facility must perform toxicity monitoring and report the data as noted below.
Page 7 of 8
Permit NC0001899
The parameter code for this test is TAE6C. All toxicity testing results required as part of this permit
condition will be entered on the Effluent Discharge Form (MR-1) for the month in which it was performed,
using the appropriate parameter code. Additionally, DWQ Form 4T-1 (original) is to be sent to the
following address:
Attention: North Carolina Division of Water Resources
Water Sciences Section/Aquatic Toxicology Branch
1623 Mail Service Center
Raleigh, NC 27699-1623
Completed Aquatic Toxicity Test Forms shall be filed with the Environmental Sciences Section no later
than 30 days after the end of the reporting period for which the report is made.
Test data shall be complete and accurate and include all supporting chemical/physical measurements
performed in association with the toxicity tests, as well as all dose/response data. Total residual chlorine
of the effluent toxicity sample must be measured and reported if chlorine is employed for disinfection of
the waste stream.
If the Permittee monitors any pollutant more frequently than required by this permit, the results of such
monitoring shall be included in the calculation and reporting of the data submitted on the DMR and AT
Forms.
Should any test data from either these monitoring requirements or tests performed by the North Carolina Division
of Water Quality indicate potential impacts to the receiving stream, this permit may be re -opened and modified to
include alternate monitoring requirements or limits.
NOTE: Failure to achieve test conditions as specified in the cited document, such as minimum control organism
survival and appropriate environmental controls, shall constitute an invalid test and will require immediatefollow-
up testing to be completed no later than the last day of the month following the month of the initial monitoring.
A. (6) WASTEWATER TREATMENT PONDS — 002
[NCGS 143-215.3 (a) (2)]
The wastewater treatment ponds at the facility shall maintain a freeboard height of 2 feet.
A. () PERMIT REOPENER: SUPPLEMENTARY NUTRIENT MONITORING
[NCGS 143-215.66]
Pursuant to N.C. General Statutes Section 143-215.1 and the implementing rules found in the North
Carolina Administrative Code (specifically 15A NCAC 02H.0112 (b) (1) and 02H.0114 (a)), and Part II,
Sections B.12. and B.13. of this permit, the Director may reopen this permit to require supplemental
nutrient monitoring of the discharge. The additional monitoring will be to support water quality modeling
efforts within the Cape Fear River Basin, and shall be consistent with a monitoring plan developed jointly
by the Division and affected stakeholders.
A. (8) MERCURY TMDL REOPENER
[NCGS 143-215:66]
The Division may, upon written notification to the permittee, re -open this permit in order to incorporate
or modify effluent limitations and monitoring and reporting requirements when such action is necessary
to implement a TMDL for mercury approved by the U.S. EPA.
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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 Averaee
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
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(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.
➢ Perminces 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 Environment and Natural Resources.
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).
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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 oronerty 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 122.411.
a. The Permittee shall comply with effluent standards or prohibitions established under section 307(a) of the
CWA for toxic pollutants and with standards for sewage sludge use or disposal established under section
405(d) of the CWA within the time provided in the regulations that establish these standards or prohibitions or
standards for sewage sludge use or disposal, even if the permit has not yet been modified to incorporate the
requirement.
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
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imprisonment of not more than l 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 11 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 ILCA), "Upsets" (Part II.C.S) 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 Pennittee
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.
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7. Severability
The provisions of this permit are severable. if any provision of this permit, or the application of any provision of
this permit to any circumstances, is held invalid, the application of such provision to other circumstances, and the
remainder of this permit, shall not be affected thereby [NCGS 150B-231.
8. Duty to Provide Information
The Permittee shall furnish to the Permit Issuing Authority, within a reasonable time, any information which the
Permit issuing Authority may request to determine whether cause exists for modifying, revoking and reissuing, or
terminating this permit or to determine compliance with this permit. The Permittee shall also furnish to the Permit
Issuing 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. Signatory 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 122.221.
b. All reports required by the permit and other information requested by the Permit Issuing Authority shall be
signed by a person described in paragraph a. above or by a duly authorized representative of that person. A
person is a duly authorized representative only if
(1) The authorization is made in writing by a person described above;
(2) The authorization specified either an individual or a position having responsibility for the overall operation
of the regulated facility or activity, such as the position of plant manager, operator of a well or well field,
superintendent, a position of equivalent responsibility, or an 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]
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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
122.221
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 qualifiedpersonnel 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. ! am aware that there are significant penalties for
submitting false information, including the possibility off nes 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 .02011:
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).
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(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 I SA NCAC 08G .0204.
The ORC of each Class 11, 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 Pemuttee 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. Byoassine 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.
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(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)]: 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 moved 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 0211 .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
1. Representative Sampline
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:
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NC DENR / Division of Water Resources / Water Quality Permitting Section
ATTENTION: Central Files
1617 Mail Service Center
Raleigh, North Carolina 27699-1617
3. Flow Measurements
Appropriate flow measurement devices and methods consistent with accepted scientific practices shall be selected
and used to ensure the accuracy and reliability of measurements of the volume of monitored discharges. The
devices shall be installed, calibrated and maintained to ensure that the accuracy of the measurements is consistent
with the accepted capability of that type of device. Devices selected shall be capable of measuring flows with a
maximum deviation of less than 10% from the true discharge rates throughout the range of expected discharge
volumes. Flow measurement devices shall be accurately calibrated at a minimum of once per year and maintained
to ensure that the accuracy of the measurements is consistent with the accepted capability of that type of device.
The Director shall approve the flow measurement device and monitoring location prior to installation.
Once -through condenser cooling water flow monitored by pump logs, or pump hour meters as specified in Part I of
this permit and based on the manufacturer's pump curves shall not be subject to this requirement.
4. Test Procedures
Laboratories used for sample analysis must be certified by the Division. Permittees should contact the Division's
Laboratory Certification Section (919 733-3908 or http://portal.ncdenr.org/web/wgAab/cert) 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 122.411.
6. Records Retention
Except for records of monitoring information required by this permit related to the Pernittee'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
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].
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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 Reporting 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
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(I)(3), 122.61] or state statute.
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5. Monitoring Reports
Monitoring results shall be reported at the intervals specified elsewhere in this permit [40 CFR 122.410)(4)].
a. Monitoring results must be reported on a Discharge Monitoring Report (DMR) (See Part ll.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 Reoortine
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(I)(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) 662-7956, (800) 858-0368 or (919) 733-3300.
7. Other Noncompliance
The Permittee shall report all instances of noncompliance not reported under Part II.E.5 and 6. of this permit at the
time monitoring reports are submitted. The reports shall contain the information listed in Part I1.E.6. of this permit
[40 CFR 122.41(Ix7)].
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 IV.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 terns shall be available for public inspection at the offices
of the Division. As required by the Act, effluent data shall not be considered confidential. Knowingly making any
false statement on any such report may result in the imposition of criminal penalties as provided for in NCGS 143-
215. 1 (b)(2) or in Section 309 of the Federal Act.
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11. Penalties for Falsification of Reports
The CWA provides that any person who knowingly makes any false statement, representation, or certification in
any record or other document submitted or required to be maintained under this permit, including monitoring
reports or reports of compliance or noncompliance shall, upon conviction, be 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 userstcustomers served by the Permittee (NCGS 143-215.1C). The report shall summarize the
performance of the collection or treatment system, as well as the extent to which the facility was compliant with
applicable Federal or State laws, regulations and rules pertaining to water quality. The report shall be provided no
later than sixty days after the end of the calendar or fiscal year, depending upon which annual period is used for
evaluation.
The report shall be sent to:
NC DENR / Division of Water Resources / Water Quality Permitting Section
ATTENTION: Central Files
1617 Mail Service Center
Raleigh, North Carolina 27699-1617
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PART III
OTHER REQUIREMENTS
Section A. Construction
a. The Permittee shall not commence construction of wastewater treatment facilities, nor add to the plants treatment
capacity, nor change the treatment process(es) utilized at the treatment plant unless (1) the Division has issued an
Authorization to Construct (AtC) permit or (2) the Permitter: 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.
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PART IV
SPECIAL CONDITIONS FOR MUNICIPAL FACILITIES
Section A. Definitions
In addition to the definitions in Part 11 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 POTW's 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 I5A 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 [15A NCAC 02H
.0903(b)(33)1:
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 POTW's 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 I 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 POTW's 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)
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All POT W s 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,
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3. With regard to the effluent requirements listed in Part 1 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 122.440)(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 11 or Part IV
of this permit are as defined in 15A NCAC 021-1.0903 and 40 CFR 403.3.
1. Sewer Use Ordinance (SUO)
The Permittee shall maintain adequate legal authority to implement its approved pretreatment program. [I 5A
NCAC 02H .0903(b)(32), .0905 and .0906(b)(1); 40 CFR 403.8(f)(1) and 403.9(bxl) 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-iu) 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 403.91
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 ILD and II.E.5.). [15A
NCAC 02H .0903(b)(16), .0906(b)(3) and .0905]
4. Headworks Analysis (HWA) 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
fisted in 40 CFR 403.5(a) and (b) and 15A NCAC 02H .0909. Pursuant to 40 CFR 403.5, local limits are
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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 Permittce 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 IUP loadings for each parameter cannot exceed the treatment capacity of the POTW as
determined by the HWA. [I5A NCAC 02H .0906(b)(6), .0909, .0916, and .0917; 40 CFR 403.5, 403.8(f)(1)(ili);
NCGS 143-215.67(a)]
6. Authorization to Construct (AtQ
The Permittee shall ensure that an Authorization to Construct permit (AtQ is issued to all applicable Industrial
Users for the construction or modification of any pretreatment facility. Prior to the issuance of an AtC, the
proposed pretreatment facility and treatment process must be evaluated for its capacity to comply with all
Industrial User Pretreatment Permit (IUP) limitations. [I5A 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 (SIUs) 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 403.121
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 C WA (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. [ I5A 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 1110912011.1
NPDES Permit Standard Conditions (..
Page 18 of 18
NC DENR / 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 (tDSF) 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 (IUs) 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. [I5A 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. [15A 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 1110912011.1
ROY COOPER
Governor
MICHAEL 3. REGAN
5e tary
LINDA CULPEPPER
Director
Jason Kaplan, Manager
Moncure Holdings Utility, LLC
338 Pea Ridge Road
New Hill, NC 27562
Dear Mr. Kaplan,
NORTH CAROLINA
Envlrontnental Quality
August 26, 2019
Subject: NC0001899
Moncure Holdings Utility W WTP
Cha��n vj (a n7�� Investigative Monitoring
Several emerging compounds have been found in North Carolina waters, specifically, 1,4-dioxane and a
group of chemicals known as pertluoroalkyl and polyfluoroalkyl substances (PFAS, also referred to as
PFCs). Data reviewed as part of the Third Unregulated Contaminant Monitoring Rule (UCMR3) has
indicated elevated concentrations for these compounds in the Cape Fear River Basin. In addition,
ambient monitoring performed by DWR's Water Sciences Section have confirmed the presence of these
compounds in the Cape Fear River Basin. See ambient monitoring study reports listed under the
following link: https://de,i.nc,goy/about/divisions/water-resources/waterresources-datalw_ater-sciences-
home-, a e/1-4-dioxane
Background
1,4-dioxane is a clear liquid that is highly miscible in water. It has historically been used as a solvent
stabilizer and is currently used for a wide variety of industrial and manufacturing purposes. The
compound can be found in industrial solvents, paint strippers, and varnishes and is often produced as a
by-product of chemical processes to manufacture soaps, plastics, and other consumer products.
The U.S. EPA has not established a maximum contaminant level for 1,4-dioxane in drinking water but
has characterized it as "likely to be carcinogenic to humans" and has established a drinking water health
advisory of 35 µg/L. North Carolina has a calculated human health surface water criterion with an
associated estimated lifetime cancer risk of one in one million at a concentration for 1,4-dioxane of 0.35
µg/L in water supplies and 80 µg/L in all other waterbodies (15A NCAC 02B .0208).
PFAS compounds are most often associated with nonstick coatings, plating operations, firefighting foams,
and stain- and water-resistant treatments for clothing, furniture and carpeting.
PFAS has been found to have adverse effects in laboratory animals and humans when ingested. To
provide Americans with a margin of protection from a lifetime of exposure to PFAS from drinking water,
EPA has established the health advisory level of 70 ng/L individually and combined for two of the most
common PFAS compounds: PFOA (perfluorooctanoic acid) and PFOS (perfluorooctane sulfonate).
Required Actions
To assess the levels of these compounds throughout the Cape Fear and to assist DWR in developing a
Management Strategy to reduce levels of these emerging compounds, Industries permitted under the
National Pollution Discharge Elimination System (NPDES) which employ processes associated with the
discharge of these compounds are hereby required to perform investigative monitoring at the treatment
plant effluent for 1,4-dioxane and total PFAS once per month for three consecutive months starting in
October 2019. Such investigative actions can be required under 15A NCAC 02B .0508 (b)(2) and G.S.
143-215.66.
11 North Carolina Department of Environmental Quality Dhtsion of Water ReWurce i
D_E Q 512 North Salisbury Street 1617 Mail Service Center Raleigh. North Carolina 27699-1617
xVMWW
��+�. 919.707.9000
Samples collected should be representative of the typical wastewater discharged from your facility.
Sufficiently sensitive test methods shall be used.
To locate a lab capable of performing the PFAS analysis, please visit
his://www.denix.osd.miL'ed w/accreditation/accreditedlabs/and search by method "PFAS
by LCMSMS Compliant with Table B-15 of QSM 5.1 or Latest Version".
• Grab samples are required to avoid cross -contamination and ensure consistency.
• Please refer to Attachment B for the analyte list. Each facility shall provide results for as
many of the PFAS compounds as possible, specifically including PFOA and PFOS.
To locate a lab certified to perform 1,4-dioxane analysis using EPA Method 624.1, please
visit httl s://deq.nc„ov/about/divisions/watcr-resources/water-resources data/water-
scienceshome-ha-, /laboraton-certification-branch'certified-laborato-listin s.Besureto
specify l,4-dioxane by EPA method 624.1 when contacting the labs. The Division
recommends that the lab uses sufficiently sensitive test procedures with a target Practical
Quantification Level (PQL) of approximately I µg/L.
In addition to reporting the monthly results on the facility's eDMR, please send a copy of all
three monthly results to the DWR NPDES Complex Permitting Unit by January 31, 2020 at
the following email address (please include the lab sheets with the test results):
svc_deq_npdes-ec@ncdenr.gov. Please include your NPDES permit number in your subject
heading.
If your effluent samples exceed the human health surface water criteria for 1,4-dioxane pertaining to your
receiving stream classification, DWR NPDES Complex Permitting Staff will evaluate the impact on the
receiving stream based on your facility's discharge and receiving stream volume. If necessary, NPDES
staff will contact you to develop a corrective action plan to begin reducing or eliminating 1,4-dioxane
discharges from your facility.
The PFAS drinking water health advisory of 70 ng/L is the target concentration for the sum of sample
results for PFOA and PFOS. NPDES staff will evaluate PFAS data results and impacts on the receiving
stream based on your facility's discharge flow, receiving stream volume, and location of water supply
intakes downstream. If necessary, NPDES staff will contact you to develop a corrective action plan to
begin reducing or eliminating PFAS discharges from your facility.
Please be aware that criteria are being developed for PFAS compounds and are likely to be lower than the
current drinking water health advisory level. Results for PFAS that do not currently require action may
trigger reduction activities in the future.
More Information
Attachment A outlines a suggested list of PFAS compounds for analysis and Attachment B identifies a
list of labs that have been pre -approved as capable of analyzing PFAS by LCMSMS Compliant with
Table B-15 of QSM 5.1 or Latest Version or with an acceptable modification.
The Department looks forward to working closely with you on this important public health issue. Data
from the Cape Fear River Basin will be evaluated to determine next steps to reduce the discharge of 1,4-
dioxane and PFAS throughout the State.
Please contact any of the following DWR NPDES Complex Permitting Unit staff members if you
have any questions or concerns: Julie Grzyb 919-707-3605, Cassidy Kurtz 919-707-3613 or Nick
Coco 919-707-3609 or via email (firstname.lastname@ncdenr.gov).
Sinc �,� j n
Linda Culpepper, Director
Division of Water Resources, NCDEQ
Cc: Dana Satterwhite, WSS
Julie Grzyb, NPDES
Rick Bolich, Raleigh Regional Office
Attachment A
To locate a lab capable of performing the HAS analysis, please visit
htt sJ;w-%Nw.denix.osd.mil/ed.,w-accreditation'accreditediabsiand search by method "PFAS by LCMSMS
Compliant with Table B-15 of QSM 5.1 or Latest Version". Grab samples are required to avoid
crosscontamination and ensure consistency.
It is the Division's understanding that this test method is capable of providing results for the listed PFAS
compounds listed below. The Division recognizes that there may be variations from lab to lab. Each
facility shall provide results for PFOA, PFOS, and shall include as many of the following HAS
compounds as possible:
Analyte Name Acronym Fluorinated Molecular CAS
Perfluorotetradecanoic acid
Perfluorotridecanoic acid
Perfluorododecanoic acid
Pertluoroundecanoic acid
Perfluorodecanoic acid
Perfluorononanoic acid
Perfluorooctanoic acid
Perfluoroheptanoic acid
Perlluorohexanoic acid
Perfluoropentanoic acid
Perfluorobutanoic acid
Pertluorodecanesulfonic acid
Perlluorononanesulfonic acid
Perlluorooctanesulfonic acid
Perfluoroheptanesulfonic acid
PerlluorohexanesulIonic acid
Pertluoropentanesulfonic Peracid_
tluorobutanesulfonic acid
Perfluorooctanesulfonamide
2-(N-Ethylperfluorooctanesulfonamido)
acetic acid
2-(N-Methylerluorooctanesulfonamido)
acetic acid
Carbon Chain
Formula
Number
Length_
_
PFTeA
C ,
car"COOH
3764)6-7
PFTr1A
Cu
CuFnCOOH
72629-94-8
PFDoA
C12
CaFLCOOH
307-55-1
PFUnA
CH
CIoFnCOOH
2058-94-8
PFDA
Go
C9Fi9COOH
335-76-2
PFNA
G
CeF17COOH
375-95-1
PFOA
Co
C7FtsCOOH
335-67-1
PFHpA
G
C6FJ3COOH
_
375-85-9
PFHxA
G
CsFnCOOH
307-24-4
PFPeA
G
_
CeF9C06H
2706-90-3
PFBA
G
i 3;P000H
375-22-4
_
PFDS
CIO
GoF2603H
335-77-3
PFNS
_
G
C9Ft9SO3H
68259-12-1
PFOS
G
CsFwSO3H
1763-23-1
MIPS
G
CWuS03H
375-92-8
PFHxS
G
C6F13SO3H
35546-4
PFPeS
G
QD603H
2706-914
PFBS
Gawp
C4179S03H
375-73-5
PFOSA
CO
CsFvSO2NH2
754-91-6
N-EtFOSAA
Co
CsFnSO2N(C2H5)
2991-50-6
CH2COOH
N-McFOSAA
Co
CeFwSO2N(CH3)C
2355-31-9
HCOOH
Attachment B
Labs approved by NCDEQ-DWR for the PFAS Wastewater Influent Screening Sampling:
(Note: Most labs on this list are also listed on the Department of Defense accredited list approved for
PFAS testing using LCMSMS with Isotope Dilution, found by visiting
htt: s://www.denix.osd.miVedaw/accred tation/accredite_dlabs/ and searching by method "PFAS by
LCMSMS Compliant with Table B-15 of QSM 5.1 or Latest Version".)
ALS Environmental —Kelso
Maxxam Analytics International Corp
1317 S. 13" Avenue
6740 Campobello Road
Kelso, Washington 98626
Mississauga, Ontario UN 2L8
(360) 577-7222
(905) 817-5700 b maxxam.ca
http.,//www.alsglobal,coni/
APPL, Inc.
Miaobac LaboratoriM Inc. — Ohio Valley Division
908 N. Temperance Avenue
158 Starlite Drive
Clovis, CA 93611
Marietta, OH 45750
(559) 275-2175 httD:!/www.aoDlinc.com/
(800) 373.4071
hit tJlwww.mierob�rc,corNourlaboratoriestmarienaohio/
Alpha Analytical
SGS AXYS Analytical Services Ltd.
8 Walkup Drive
2045 Mills Road W.
Westborough, MA 01581
Sidney BC, Canada V8L 5X2
(508) 898-9220 hn ://www.anab.or_
(250) 655-5800
h:.:/'www.as sanaLtical.comi
Battelle •SGS North America, Inc. —Orlando
141 Longwater Drive, Suite 202 4405 Vineland Road, Suite C15
Norwell, MA 02061 Orlando, FL 32811
(781) 691-5565 hitr)://www.battelle.or, (407) 425.6700
hnl'://WV.1V5 s.cUm
*Emhalpy Analytical Shealy Environmental Services
2714 Exchange Drive 106 Vantage Point Drive
Wilmington, NC 28405 (9I0) West Columbia, SC 29172
212-5858 hnps://enthalpy.com/ (803) 791-9700
hrt;:/iwww.shcal%lab.com
Eurofins Lancaster Laboratories Environments] 2425
TestAmerira—Sacramento
New Holland Pile
880 Riverside Parkway
Lancaster, PA 17601 (717)
West Sacramento, CA 95605
656-2300
(916)373-5600
htti,:/.!www.Iancasterlabs.com/
hn1,://www.testamencainc.com
Vista Analytical Laboratory
GEL Laboratories, LLC
2040 Savage Road
1104 Windfield Way
Charleston, SC 29407
Ell Dorado Hills, CA 95762
(943) 5564171
(916) 676-1520
hnb://www.eel.com
htt,,:/iwww.vista-anal. tical.com
Gulf Coast Analytical Laboratories,
Inc. 7979 Innovation Park Drive
Baton Rouge, LA 70820
(225) 767-5717 h .:'!www.: cal.com/
- denaCa labs approved by NCDS;Q-DWR to nm the Vol) compliant method regWless of accreditation status and/or are
approved to run a variation of the DoD method.
Laboratories that believe they run the DoD compliant method accurately and should be included on this
list shall contact Christyn Fertenbaugh via phone at 9I9-707-3625 or by email at
chris n.ferlenbau h nedenr. ov.
r
a'
w
ROY COOPER c c
Gi•Ernar Enrffonmenfaf Qualify
'\1IC1i-'LEL S. REG-kN
JECrermy
LD;D a CLZPEPPER
In:crim Dfrectsr
January 9, 2019
Jason Kaplan
Moncure Holdings West LLC
282 Century PI Ste 2000
Louisville, CO 80027
SUBJECT: NOTICE OF DEFICIENCY
Tracking Number: NOD-2019-LV-0008
Permit No. NC0001899
Moncure Holdings West WWTP
Chatham County
DearPermittee:
a '
T
A review of the September 2018 Discharge Monitoring Report (DMR) for the subject facility revealed the
deficiency(s) indicated below:
Sample
Location Parameter
Limit Reported
Date Value Value Type of Deficiency
001 Effluent BOD, 5-Day (20 Deg. C) - 9/30/2018 5 5.3 Monthly Average Exceeded
Concentration (C0310)
Please be aware that non-compliance with your permit could result in enforcement action by the Division of
Water Resources for these and any additional violations of State law. The Raleigh Regional Office encourages
you to take all necessary actions to bring your facility into compliance.
�-D_ Qom, .
North Carolina Department of Environmental Quality I Division of Water Resources
1628 Mail Service Center, Raleigh, NC 27699-1628
If you should need any assistance or would like to discuss this non-compliance situation, please contact Cheng
Zhang of the Raleigh Regional Office at 919-791-4200.
Sincerely,
Rick Bolich, L.G., Assistant Supervisor
Water Quality Regional Operations Section
Raleigh Regional Office
Division of Water Resources, NCDEQ
Cc: WQS Raleigh Regional Office - Enforcement File
NPDES Compliance/Enforcement Unit - Enforcement File
Central Files
�7
North Carolina Department of Environmental Quality I Division of Water Resources
1628 Mail Service Center, Raleigh, NC 27699-1628
Zhang, Cheng
From: Beal, Earl <ebeal@withersravenel.com>
Sent: Wednesday, January 23, 2019 12:48 PM
To: Zhang, Cheng
Cc: Murray, Larry
Subject: [External] Moncure Holdings West, LLC
Mr. Zhang,
I am the site leader for the Moncure site responsible for daily operations for Moncure Holdings West, LLC, Chatham County, which
operates a Facility Class 11, Permit NC0001899 WWTP. The ORC for the Wastewater Treatment Plant is Larry Murray, WW q 25810.
We are in the process of closing down the WWTP by the end of the third quarter 2019.
The site manufacturing plant was shut down in November 2014 (production stopped) and demolition of the manufacturing buildings
were completed in 2017.
We are still maintaining and operating the wastewater treatment plant. Here at the site there is no process and or sanitary waste
water being produced. Presently stormwater is our only source of water being sent to the WWTP for treatment and effluent
released to Outfall 001.
I am asking if we can have any relief from the continuous monitoring requirements (no continuous monitoring unit with a dial out
system) of the WWTP permit for Moncure.
We ideally would like to be able to release from the clarifier to the contact chamber and outfall while preparing for the closure 24
hours per day Monday through Friday. Our set up would be to have an operator on -site 4 hours a day Monday through Friday, there
would be no operator on -site the other 20 hours each day, we would monitor pH and conductivity during the entire discharge event
and discharge at a uniform rate. The site would not have continuous monitoring unit with a dial out system and we would not
release effluent on the weekends.
Presently we only have a ORC on site for 4 hours a day Monday through Friday. We are essentially only releasing rainwater out of
the impoundments at this point which we have run through the WWTP and treat.
Thank You
Earl Beal
Cell - 336-266-1254
10 WithersRavenel
ebe Nawithersravenel.com
CONFIDENTIALITY AND NONDISCLOSURE
i
I�OY COOPER
U dVernrf
MICHAEL S. REGAN
Secreran
LINDA CULPEPPER
Interbv On"cor
Mr. Jason Kaplan
Moncure Holdings West LLC
282 Century Pl. Ste. 2000
Louisville, CO 80027
NOPTH :APO_INA
Environmental Quality
December 7, 2018
Subject: Notice of Deficiency and Compliance Evaluation Inspection
Case No.: NOD-2018-PC-0333
Moncure Holdings West WWTP
NPDES Permit No. NC0001899
Chatham County
Dear Mr. Kaplan:
On November 9, 2018, Cheng Zhang of the Raleigh Regional Office (RRO) conducted a
compliance evaluation inspection of the subject facility. The assistance provided by Mr. Larry
Murray, the operator in responsible charge (ORC), and Mr. Earl Beal, was greatly appreciated as
it facilitated the inspection process. The inspection report is attached. The following observations
were made:
Moncure Holdings West WWTP is permitted to discharge at a rate of 0.244 MGD of wastewater
from Outfall 001 into Haw River, classified WS-IV waters in the Cape Fear River Basin, and
stormwater, steam condensate, and overflow from two fire ponds from Outfall 002 into Shaddox
Creek, classified WS-IV waters in the Cape Fear River Basin
1. The current permit became effective on December 1, 2017.
2. The facility stopped production in 2015 and has been in the process of demolition since.
There has been no process wastewater generated from the facility. At the time of inspection,
very limited amount of domestic wastewater mixed with stormwater from the spill pond
(containing spilled material from a chemical spill incident occurred in March 2013) was
treated in the following treatment units: aeration basin, secondary clarifier, polishing pond,
contact chamber and discharged from Outfall 001. The onsite water treatment plant was
shut down in March 2015, when potable water was provided by Chatham County. The two
alum settling ponds for process wastewater will be closed out following approved
procedures (ponds will be drained, sludge will be removed for offsite disposal, and ponds
D_: Q�'
North Carolina Department of EnvironmertaI Quality Division of Water Resources', Raleigh Regional Office
3800 Barrett Drive 1628 Mail Service Center i Raleigh. North Carolina 27699-1628
ota 7o1 a)nn
will be backfilled to grade). The 1200-gallon mixing/neutralization tank for process
wastewater was not in operation since the production ceased.
3. It was noted that Outfall 002 was last sampled in July 2017. The facility has been
reporting "No Discharge" at the outfall since then. It is understood that no steam
condensate is discharged at Outfall 002, and the discharge pipe from the spill pond
has been closed after the 2013 spill. However, stormwater runoff and possible
overflow from the fire ponds are still being discharged at Outfall 002. The facility
must resume quarterly monitoring at Outfall 002 immediately.
4. The ORC maintains a daily logbook. Lab results, chain -of -custody forms, and DMRs were
complete and current, kept in good order and ready for review. April 2017 DMR data were
compared to lab bench sheets; no data transcription errors were noted. Effluent flow meters
were calibrated quarterly.
5. Field lab parameter (Certificate No. 5024) calibration and analysis records were reviewed
during the inspection.
Please respond in writing to RRO within 30 days of receipt of this letter regarding Item 3,
please explain in details why monitoring was not conducted at Outfall 002 since July 2017,
and when the monitoring will be resumed. If you have any questions regarding the attached
reports or any of the findings, please contact Cheng Zhang at: (919) 7914200 (or email:
cheng.zhang@ncdenr.gov).
Sincerely,
Ric Bolich, L.G.
Assistant Supervisor
Division of Water Resources
Raleigh Regional Office
ATTACHMENTS
Compliance Inspection Reports
Cc: Central Files w/attachment
Raleigh Regional Office w/attachment
Chan Bryant, Withers Ravenel, 15 Mackenan Drive, Cary, NC 27511
�D E
North Carolina Department of Environmental Quality I Division of Water Resources
512 North Salisbury Street 11617 Mall Service Center Raleigh. North Carolina 27699-1617
QLQ ern Qnnn
United States Environmental PtObC110n Agency
Form Approved.
EPA Washington, D C.20460
OMB No. 2040-0057
Water Compliance Inspection Report
Approval expires 8-31-98
Section A: National Data System Coding (i.e., PCS)
Transaction Code NPDES yr/mo/day Inspection Type Inspector Fac Type
1 EI 2 15 I 3 I NC0001899 I11 12 18/11/09 17
18 1 r f 19 I ,Ru) 2OI I
21111111 11111111111 I II IIII 1 I IIIII111111111111
r6
Inspection Work Days Facility Self-Mondonng Evaluation Rating Bi OA
Reserved
67 701 1 71 I itJI 72 1 Lu 1J
LJ
I 731 1 174 75I I I I I I I
BO
Section B. Facility Data
Name and Location of Facility Inspected (For Industnal Users discharging to POTW, also include
Entry Time/Date
Permit Effective Date
POTW name and NPDES permit Number)
10:OOAM 18/11/09
17/12/01
Moncum Holdings West VNMP
338 Pea Rog Rd
Exit Time/Date
Permit Expiration Date
New Hill NC 27562
11:50AM 18/11/09
21/07/31
Name(s) of Onsite Representative(syTitles(syPhone and Fax Numbers)
Other Facility Data
q/
Lawrence D. Murray/ORC/919-622-2901/
Name, Address of Responsible Oficial/ritle/Phone and Fax Number
Conlacta-:
Jason Kaplag282 Century PI Ste 2000 Louisville CO 80027//303-516-34781
No
Section C: Areas Evaluated During Inspection (Check only those areas evaluated)
Permit 0 Flow Measurement Operations & Maintenance Records/Reports
Self -Monitoring Program E Facility Site Review Ef0uent/Receiving Waters Laboratory
Section D: Summary of Finding/Comments (Attach additional sheets of narrative and checklists as necessary)
(See attachment summary)
Narrate) and Signature(s) of Inspectcr(s) Agency/Office/Phone and Fax Numbers
Date
Chang Zhang RRO WO//919-7914200/
6L0� 6 -� V1
2-/7/ 2-0 IS
Signature of Management O A Reviewer Agency/Office/Phone and Fax Numbers
Date
EPA Form 3560-3 (Rev 9-94) Previous editions are obsolete.
Page#
NPDES yr/mo/day Inspection Type (Cont.)
31 NC0001a99 I11 12 I8n1m9 t7 18 C
Section D: Summary of Finding/Comments (Attach additional sheets of narrative and checklists as necessary)
Ouffall 002 was last sampled in July 2017. The facility has been reporting "No Discharge" at the outfall
since then. It is understood that no steam condensate is discharged at Ouffall 002, however,
stormwater runoff and possible overflow from the fire ponds are still discharged at Outfall 002. The
facility may request waiver of monitoring requirement at the ouffall from the Division. The facility shall
continue to conduct quarterly monitoring at Ouffall 002, unless the Division grants waiver of the
monitoring requirements at the outfall.
Page#
Permft: NC0001899 Owner -Facility: Moncure Holdings West WWrP
Inspection Date: 11/09/2018 Inspection Type: Compliance Evaluation
Operations & Maintenance Yes No NA NE
Is the plant generally clean with acceptable housekeeping? M ❑ ❑ ❑
Does the facility analyze process control parameters, for ex: MLSS, MCRT, Settleable 0 ❑ ❑ ❑
Solids, pH, DO, Sludge Judge, and other that are applicable?
Comment:
Permit
Yes No NA NE
(If the present permit expires in 6 months or less). Has the permittee submitted a new
❑
❑
M
❑
application?
Is the facility as described in the permit?
M
❑
❑
❑
# Are there any special conditions for the permit?
❑
❑
M
❑
Is access to the plant site restricted to the general public?
0
❑
❑
❑
Is the inspector granted access to all areas for inspection?
M
❑
❑
❑
Comment:
Record Keeping
Yes No NA NE
Are records kept and maintained as required by the permit?
0
❑
❑
❑
Is all required information readily available. complete and current?
❑
❑
❑
Are all records maintained for 3 years (lab. reg. required 5 years)?
❑
❑
❑
Are analytical results consistent with data reported on DMRs?
0
❑
❑
❑
Is the chain -of -custody complete?
M
❑
❑
❑
Dates, times and location of sampling
Name of individual performing the sampling
Results of analysis and calibration
Dates of analysis
Name of person performing analyses
Transported COCs
Are DMRs complete: do they include all permit parameters?
0
❑
❑
❑
Has the facility submitted its annual compliance report to users and DWW
M
❑
❑
❑
(If the facility is = or > 5 MGD permitted flow) Do they operate 24f7 with a certified operator
❑
❑
M
❑
on each shift?
Is the ORC visitation tog available and current?
E
❑
❑
❑
Is the ORC certified at grade equal to or higher than the facility classification?
0
❑
❑
❑
Is the backup operator certified at one grade less or greater than the facility classification?
0
❑
❑
❑
Is a copy of the current NPDES permit available on site?
0
❑
❑
❑
Page# 3
Permit: NC0001899 Owner -Facility: Moncum Holdings West VWJrP
Inspection Date: 1 b0912018 Inspection Type: Compliance Evaluation
Record Keeping Yes No NA NE
Facility has copy of previous year's Annual Report on file for review? ❑ ❑ 0 ❑
Comment:
Bar Screens
Yes No NA NE
Type of bar screen
a.Manual
b.Mechanical
❑
Are the bars adequately screening debris?
❑
❑
❑
Is the screen free of excessive debris?
❑
❑
❑
Is disposal of screening in compliance?
0
❑
❑
❑
Is the unit in good condition?
E
❑
❑
❑
Comment:
Pump Station - Influent
Yes No NA NE
Is the pump wet well free of bypass lines or structures?
0
❑
❑
❑
Is the wet well free of excessive grease?
0
❑
❑
❑
Are all pumps present?
0
❑
❑
❑
Are all pumps operable?
0
❑
❑
❑
Are Float controls operable?
❑
❑
0
❑
Is SCADA telemetry available and operational?
❑
❑
0
❑
Is audible and visual alarm available and operational?
❑
❑
0
❑
Comment:
Aeration Basins
Yes No NA NE
Mode of operation
Type of aeration system
Surface
Is the basin free of dead spots?
N
❑
❑
❑
Are surface aerators and mixers operational?
N
❑
❑
❑
Are the diffusers operational?
❑
❑
0
❑
Is the foam the proper color for the treatment process?
0
❑
❑
❑
Does the foam cover less than 25% of the basin's surface?
E
❑
❑
❑
Is the DO level acceptable?
0
❑
❑
❑
Is the DO level acceptable?(1.0 to 3.0 mg/1)
0
❑
❑
❑
Page# 4
n -
Permit: NC0001899 Owner - Facility: Moncure Holdings West WWfP
Inspection Date: 1 ::092018 Inspection Type: Compliance Evaluation
Aeration Basins
Comment: Two of three surface aerators were in operation.
Secondary Clarifier
Is the clarifier free of black and odorous wastewater?
Is the site free of excessive buildup of solids in center well of circular clarifier?
Are weirs level?
Is the site free of weir blockage?
Is the site free of evidence of short-circuiting?
Is scum removal adequate?
Is the site free of excessive floating sludge?
Is the drive unit operational?
Is the return rate acceptable (low turbulence)?
Is the overflow clear of excessive solids/pin Floc?
Is the sludge blanket level acceptable? (Approximately''/. of the sidewall depth)
Comment:
Yes No NA NE
Yes No NA NE
■
❑
❑
❑
■
❑
❑
❑
■
❑
❑
❑
❑
❑
❑
•
❑
❑
❑
•
❑
❑
❑
IN
❑
❑
❑
❑
❑
❑
❑
❑
❑
IN
❑
❑
❑
■
❑
❑
❑
Flow Measurement - Effluent
Yes No NA NE
# Is flow meter used for reporting?
0
❑
❑
❑
Is flow meter calibrated annually?
M
❑
❑
❑
Is the flow meter operational?
M
❑
❑
❑
(If units are separated) Does the chart recorder match the flow meter?
❑
❑
❑
Comment: Flow meter is calibrated quarterly. Last calibration was conducted on August
16, 2016.
Effluent Sampling
Yes No NA NE
Is composite sampling flow proportional?
0
❑
❑
❑
Is sample collected below all treatment units?
0
❑
❑
❑
Is proper volume collected?
0
❑
❑
❑
Is the tubing clean?
M
❑
❑
❑
# Is proper temperature set for sample storage (kept at less than or equal to 6.0 degrees
0
❑
❑
❑
Celsius)?
Is the facility sampling performed as required by the permit (frequency. sampling type
M
❑
❑
❑
representative)?
Comment:
Page# 5
• Permit: NC0001899 Owner -Facility:
Moncure Moldings West WWiP
Inspection Date: 1 log12018 Inspection Type:
Compliance Evaluation
Effluent Pipe
Yes No NA NE
Is right of way to the outfall properly maintained?
0
❑
❑
❑
Are the receiving water free of foam other than trace amounts and other debris?
0
❑
❑
❑
If effluent (diffuser pipes are required) are they operating properly?
❑
❑
0
❑
Comment:
Laboratory
Yes No NA NE
Are field parameters performed by certified personnel or laboratory?
0
❑
❑
❑
Are all other parameters(excluding field parameters) performed by a certified lab?
❑
❑
❑
# Is the facility using a contract lab?
❑
❑
❑
# Is proper temperature set for sample storage (kept at less than or equal to 6.0 degrees
❑
❑
0
❑
Celsius)?
Incubator (Fecal Coliforn) set to 44.5 degrees Celsius+/- 0.2 degrees?
❑
❑
M
❑
Incubator (BOD) set to 20.0 degrees Celsius +1- 1.0 degrees?
❑
❑
N
❑
Comment:
Pumps-RAS-WAS
Yes No NA NE
Are pumps in place?
❑
❑
❑
Are pumps operational?
❑
❑
❑
Are there adequate spare parts and supplies on site?
❑
❑
❑
Comment:
Page# 6
Regional ' spectors' Checklist for Field Parameters
Facility Name: Mane-.,e (,Lc Re ional Plant Inspector: G k Zn An
NPDES #: jVC 00 D i $F I Regional Inspector Contact #: ; t qXJ-51
Field Lab Certification #:
Lab Contact: L_o.r l *crro Date: it /ei Z-vi
I. Check the parameter(s) performed at this site for reporting purposes.
® Total Residual Chlorine (TRC) ® Temperature (TEMP) ❑ Specific Conductivity (SC)
[� pH Dissolved Oxygen (DO) ❑ Settleable Residue (SETT)
II. General Laboratory note any exceptions in section XI
Are instruments, meters, probes, photometric cells, etc. maintained in good condition?
Yes ❑ No
Are standards, reagents and consumables used within manufacturer expiration dates?
RC gel standard is exempt.]
JAYes ❑ No
Are the following items documented where applicabie :
Item
TRC
pH
TEMP
DO
SC
SETT
Date of sample collection*
X
Time of sample collection*
1(
>L
Sample collector's initials or signature
X
Date of sample analysis*
K
x
Time of sample analysis*
x
X
Analyst initials or signature
V,
K
Sample location
t\
uate and time of sample collection and analysis may be the same for in situ or on -site measurements.
III. Total Residual Chlorine
Total Residual Chlorine meter make and model:
Is a check standard analyzed each day of use? Circle one: gel or liquid standard
❑ Yes
❑ No
What is the assigned/observed value of the daily check standard?
Is a 5-point calibration verificationperformed? Note date of last verification:
❑ Yes
❑ No
Alternatively, does the lab construct a linear regression, using 5 standards, to calculate
results? Note date of last calibration curve constructed:
❑ Yes
❑ No
True values: ❑ pg/L ❑ mg/L
Obtained values:
❑ pg/L mg/L
What program are samples analyzed on?
Are results reported in proper units? Check one: ❑ /L ❑ m /L
❑ Yes
❑ No
Are results reported between the facility's permit limit and the compliance limit of 50 pg/L?
If value is less than the low standard, report as "<x", where x=low standard conc.
❑ Yes
❑ No
Are samples analyzed within 15 minutes of collection?
❑ Yes
❑ No
IV. pH
pH meter make and model: J;t^5 'a „
Is the pH meter calibrated with at least 2 buffers per mfg's instructions each day of use?
Note buffers used: i 0
Yes
❑ No
Is the pH meter calibration checked with an additional buffer each day of use? Note check
buffer used:
® Yes
❑ No
Does the check buffer read within t0.1 S.U. of the known value?
91
Yes
❑ No
Are the following items documented:
Meter calibration?
® Yes
❑ No
Check buffer reading?
Yes
❑ No
Are samples analyzed within 15 minutes of collection?
Yes
❑ No
Are sample results reported to 0.1 pH units?
Z Yes
❑ No
V. Temperature
What instrument(s) is used to rr ire temperature? Check all that appl i pH meter
❑ DO meter ❑'Conductivit meter ❑ Digital thermometer L& Glass the...._.neter
Is the instrument/thermometer calibration checked at least annually against a NIST
traceable or NIST certified thermometer? i b/ io Id
Yes
❑ No
Are temperature corrections even if zeroposted on the instrument/thermometer?
❑ Yes
No
Are samples measured in situ or on -site? [REQUIRED - there is no holding time for
temperature]
®,Yes
Lj No
Are sample results reported in degrees C?
91 Yes
❑ No
VI. Dissolved Oxygen
DO meter make and model:
Is the air calibration of the DO meter performed each day of use?
D9 Yes
❑ No
Are the following items documented:
Meter calibration?
Yes
❑ No
Are samples analyzed within 15 minutes of collection?
Yes
❑ No
Are results reported in m /L?
Yes
❑ No
Mi. Conductivity
Conductivity meter make and model:
Is the meter calibrated daily according to the manufacturer's instructions? Note standard
used this is 2enerally a one -point calibration):
❑ Yes
❑ No
Is a daily check standard analyzed? Note value:
❑ Yes
❑ No
Are the following items documented:
Meter calibration?
❑ Yes
❑ No
Are samples analyzed within 28 days of collection?
❑ Yes
❑ No
Are results reported in mhos/cm some meters display equivalent S/cm units)?
❑ Yes
❑ No
Vill. Settleable Residue
Does the laboratory have an Imhoff Cone in good condition?
❑ Yes
❑ No
Is the sample settled for 1 hour?
❑ Yes
❑ No
Is the sample aitated after 45 minutes?
❑ Yes
❑ No
Are the following items documented:
Volume of sample analyzed? Note volume analyzed:
❑ Yes
❑
No
Date and time of sample analysis(settling start time)?
❑ Yes
❑
No
Time of agitation after 45 minutes of settling?
❑ Yes
❑
No
Sample analysis completion(settling end time)?
❑ Yes
❑
No
Are samples anal zed within 48 hours of collection?
❑ Yes
❑
No
Are results reported in ml/L?
❑Yes
❑
No
IX. Was a paper trail (comparing contract lab and on -site data to DMR)
performed? If so, list months reviewed: 4- / Zo / 8
[Yes
❑ No
X. Is follow-up by the Laboratory Certification program recommended?
❑ Yes
No
XI. Additional comments:
Please submit a copy of this completed form to the Laboratory Certification program at:
DWQ Lab Certification, Chemistry Lab, Courier # 52-01-01
Electronic copies may be emailed to Iinda.chavis( ncdenr.aov.
Revision 04/20/2012
WithersRavenet
October 30, 2018
Cheng Zhang
NCDEQ - Division of Water Resources
Water Quality Regional Operations Section
1628 Mail Service Center
Raleigh, NC 27699-1628
RE: Notice of Violation & Intent to Assess Civil Penalty
Tracking Number. NOV-2018-LV-0726
Permit No. NC0001899
Moncure Holdings West WWTP
Chatham County
Dear Cheng Zhang
WithersRavenel, Inc. has prepared this communication on behalf of Moncure Holdings West, LLC and
Moncure Holdings Utility, LLC concerning the Notice of Violation issued on October 17, 2018 concerning
the exceedance of BOD in a daily sample at Outfall 001 on June 13, 2018 and the monthly limit for BOD
for June 2018.
The waste water treatment plant is currently operating at a low flow condition, relative to the permit limits,
and only receives stormwater entering various collection features on the property and a toilet for 2
employees. No industrial waste water from any source is being introduced at the plant nor was being
introduced during June 2018. The observed BOD concentration for the June 13 2018 monitoring event
is an outlier and as the summary table attached to this letter shows that BOD values have been consistently
within permit limits for July and August 2018.
No corrective action appears necessary for the WWTP to meet permit conditions under routine site
conditions where the WWTP system is only processing stormwater which enters the system and domestic
waste from a single toilet. A separate letter will be issued concerning operation of the WWTP during the
tropical storm conditions in September and October 2018.
Please contact me with any questions or comments in this matter.
Sincerely.
WithersRaven
2,A
C. Chan Bryant, P.E.
Senior Vice President
'.1 i�:Kenar. Drive Cary. NC 27511
_ = _ ; a _ - 1 -- - SGOd I v,.,,v.•,vi:her;rav=_nzL�om I Licznsz No. GC832
,_. -.i11= Ireensboro Pit*;bor; I Raleigh I bVilrtingtor
EFFLUENT
June to August 2018 Outfall 001 Water Quality Summary Table
NPDES PERMIT NO. NC OWIB99 DISCHARGE NO. W1 MONTH Jw16 to August YEAR 2018
FACILITY NAME Nonl Moncure HOMings OW I;LLC CLASS II COUNTY Chatham
OPERATOR IN RESPONSIBLE CHARGE (ORC) Larry Murray GRADE II PHONE 919-545-3730
CERTIFIED LABORATORIES(1) Pace Analytical (2)
CHECK BOX IF ORC HAS CHANGED ❑ PERSON(S) COLLECTING SAMPLES Larry Muray
Wrote
0
0310
00
00556 DP3 0009
0
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O3MIDIIWRELOW[HRS
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1.0
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144
0.12
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131
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" No discharge of effluent to the river
DWO Form MR-1 (01I00)
Rehired 2r22A)I Der state form dated 7R000
mislign
P`
ROl COOPER NORTH CAROLINA
Governor Environmental Quality
NECI-LAEL S. REGA-*I
Secretary
LINDA CULPEPPER
Interim Director
Certified Mail # 70172680000022360277
Return Receipt Requested
October 17, 2018
Jason Kaplan
Moncure Holdings West LLC
282 Century PI Ste 2000
Louisville, CO 80027
SUBJECT: NOTICE OF VIOLATION & INTENT TO ASSESS CIVIL PENALTY
Tracking Number: NOV-2018-LV-0726
Permit No. NC0001899
Moncure Holdings West WWTP
Chatham County
DearPermittee:
A review of the June 2018 Discharge Monitoring Report (DMR) for the subject facility revealed the violation(s)
indicated below:
Limit Exceedance Violation(s):
Sample
Location Parameter
Limit Reported
Date Value Value Type of Violation
001 Effluent BOD, 5-Day (20 Deg. C) - 6/13/2018 10 11.7 Daily Maximum Exceeded
Concentration (C0310)
001 Effluent BOD, 5-Day (20 Deg. C) - 6/30/2018 5 6.45 Monthly Average Exceeded
Concentration (C0310)
North Carolina Department of Environmental Quality I Division of Water Resources
1628 Mail Service Center, Raleigh, NC 27699-1628
A Notice of Violation/Intent to Issue Ci.... malty is being issued for the noted VlUlddon of North Carolina General
Statute (G.S.y 143-215.1 and the fdcility's NPDES WW Permit. Pursuant to G.S. 143-215.6A, a civil penalty of
not more than twenty-five thousand dollars ($25,000.00) may be assessed against any person who violates or
fails to act in accordance with the terms, conditions, or requirements of any permit issued pursuant to G.S.
143-215.1.
If you wish to provide additional information regarding the noted violation, request technical assistance, or
discuss overall compliance please respond in writing within ten (10) business day after receipt of this Notice. A
review of your response will be considered along with any information provided on the submitted Monitoring
Report(s). You will then be notified of any civil penalties that may be assessed regarding the violations. If no
response is received in this Office within the 10-day period, a civil penalty assessment may be
prepared.
Remedial actions should have already been taken to correct this problem and prevent further occurrences in the
future. The Division of Water Resources may pursue enforcement action for this and any additional violations of
State law. If the violations are of a continuing nature, not related to operation and/or maintenance problems,
and you anticipate remedial construction activities, then you may wish to consider applying for a Special Order by
Consent.
Reminder: Pursuant to Permit Condition 6 in Section E, the Permittee is required to verbally notify the Regional
Office as soon as possible, not to exceed 24 hours, from first knowledge of any non-compliance at
the facility including limit violations, bypasses of, or failure of a treatment unit. A written report may
be required within 5 days if directed by Division staff. Prior notice should be given for anticipated or
potential problems due to planned maintenance activities, taking units off-line, etc.
If you have any questions concerning this matter or to apply for an SOC, please contact Cheng Zhang of the
Raleigh Regional Office at 919-791-4200.
Sin,, '
Danny Smith, Regional Supervisor
Water Quality Regional Operations Section
Raleigh Regional Office
Division of Water Resources, NCDEQ
Cc: WQS Raleigh Regional Office - Enforcement File
NPDES Compliance/Enforcement Unit - Enforcement File
Central Files
ijD:_�`�
North Carolina Department of Environmental Quality I Division of Water Resources
1628 Mail Service Center, Raleigh, NC 27699-1628
Permit: NC0001899 Owner -Facility: Moncure Holdings West WWTP
Inspection Date: 02,2312017 Inspection Type: Compliance Evaluation
Aeration Basins Yes No NA NE
Comment: Two of three aerators are constantly running, cycled manually.
Secondary Clarifier
Yes
No NA NE
Is the clarifier free of black and odorous wastewater?
N
❑
❑
❑
Is the site free of excessive buildup of solids in center well of circular clarifier?
M
❑
❑
❑
Are weirs level?
0
❑
❑
❑
Is the site free of weir blockage?
M
❑
❑
❑
Is the site free of evidence of short-circuiting?
0
❑
Cl
❑
Is scum removal adequate?
N
❑
❑
❑
Is the site free of excessive floating sludge?
0
❑
❑
❑
Is the drive unit operational?
0
❑
❑
❑
Is the return rate acceptable (low turbulence)?
0
❑
❑
❑
Is the overflow clear of excessive solids/pin floc?
0
❑
❑
❑
Is the sludge blanket level acceptable? (Approximately'/. of the sidewall depth)
0
❑
❑
❑
Comment:
Flow Measurement - Effluent
Yes
No NA NE
# Is flow meter used for reporting?
M
❑
❑
❑
Is flow meter calibrated annually?
0
❑
❑
❑
Is the flow meter operational?
0
❑
❑
❑
(If units are separated) Does the chart recorder match the flow meter?
0
❑
❑
❑
Comment: Part received to repair flow meter on Feb 28, 2017
Effluent Pipe
Yes
No NA NE
Is right of way to the outfall properly maintained?
0
❑
❑
❑
Are the receiving water free of foam other than trace amounts and other debris?
M
❑
❑
❑
If effluent (diffuser pipes are required) are they operating properly?
0
❑
❑
❑
1 ere2TiIOTIM
Page# 5
Water Resources
ENVIRONMENTAL QUALITY
March 24, 2017
Mr. Jason Kaplan
Moncure Holding Utility, LLC
282 Century Place, Suite 20000
Louisville, CO 80027
ROY COOPER
Ca Mor
MICHAEL S. REGAN
sensory
S. JAY ZIMMERMAN
Dimaor
Subject: Compliance Evaluation Inspection
Moncure Holding Utility, LLC WWTP
NPDES Permit No. NC0001899
Chatham County
Dear Mr. Kaplan:
On February 23, 2017, Jason Robinson of the Raleigh Regional Office (RRO) conducted a compliance
evaluation inspection of the subject facility. The assistance provided by Mr. Larry Murray, Mr. Earl
Beal and Mr. Chan Bryant (all from Withers Ravenel) was greatly appreciated. The inspection report
is attached. The following observations were made:
1. The current permit became effective on February 1, 2016 due an ownership change request
from DuraFiber Technologies (DFT), Inc. to Moncure Holdings Utilities, LLC. The permit
expired on July 31. A permit renewal application was received by NCDWR on June 8, 2016.
A new permit has not been issued to date.
2. The facility is permitted to discharged .244 MGD of wastewater from Outfall 001 to the Haw
River, a WS-IV water in the Cape Fear River Basin, and stormwater, steam condensate and
overflow from two 1,200,000-gallon fire ponds from Outfall 002 to Shaddox Creek, also a
WS_IV water in the Cape Fear River Basin. Currently, no condensate is discharged at Outfall
002 (see #4 below), only stormwater and overflow from the fire ponds.
3. The plant is classified as$ -2-2 wastewater facility. Mr. Larry Murray is the Operator in
Charge (ORC) r Eazl B�aLia the backup ORC (bORC). Both are W W-2 operators.
Daily operation log bokept on -site going back beyond five years. o is
lj,,L , TA-s M/: faith jien.tww, (uUU;-z). OeC CW0,512 �rN+ m-J-
4. The facility has been closed for several years and is no longer manufacturing products. At the
time of the inspection, it was in the final stages of being demolished. The wastewater is
therefore domestic generated by the demolition crew that is occasionally there and other on -site
employees and stormwater, with no industrial waste being generated or treated. Therefore, the
wastewater treatment facility is only discharging at a fraction of the permitted discharge limit,
and in recent months, there was no flow for up to and over half of each month. The facility
connected to county water in 2013 and the "Conventional water treatment plant' that is listed
in the current permit is not operational. The two alum settling ponds that are still included in
Division of Water Resources, Raleigh Regional Office, Water Quality Operations Section www.ncwaterquality.org
1628 Mail Service Center, Raleigh, NC 27699-1628 Phone: (919) 791-4200
Location: 3800 Barrett Drive, Raleigh, NC 27609 Fax: (919) 788-7159
the most recent permit we._ ....ed as catch basins for the water treat.._..: plant filter backwash,
and are no longer in use.
5. The facility is field certified for pH. Buffers were within expiration dates, and calibration logs
were kept on site. Lab results, chain -of -custody forms, and DMRs were complete and current,
kept in good order and ready for review. Pace Analytical is used for all parameters except pH.
6. At the time of inspection two of the three aerators were in use in the aeration basin. It was
explained that two of the three are always operated and manually rotated. Weirs in the clarifier
appeared level and clean, and effluent flowing off the weirs appeared clear.
7. The right of way to the outfall was well maintained. No visible impacts were noted around or
immediately downstream of the location of the effluent pipe.
If you have any questions regarding the attached reports or any of the findings, please contact Jason
Robinson at: (919) 791-4200 (or email: Jason.t.robinson@ncdenr.gov).
ocerey,
Dannv Smi
Regional Supervisor
Raleigh Regional Office
ATTACHMENTS
Compliance Inspection Report
Cc: Central Files w/attachment
Raleigh Regional Office w/attachment
United States Environmental Protection Agency
Form Approved.
EPA Washington, D.C. 20460
OMB No. 2040-0057
Water Compliance Inspection Report
Approval expires 8-31-98
Section A: National Data System Coding (i.e., PCS)
Transaction Code NPDES yr/mo/day Inspection Type Inspector Fac Type
1 Ej 2 15 1 3 1 NC0001899 I11 12 17/02/23 17 18 LCJ 19 1 s I 20i I
21111111 111111111 11 1111111 1 1 11111 111111111111 t66
I
Inspection Work Days Facility Self -Monitoring Evaluation Rating Bi OA Reserved
67I_
70 IJ 71 I I 72 Li_I t i 73I I 174 751 1 1 I I I 1 180
..........I I I
Section B: Facility Data
Name and Location of Facility Inspected (For Industrial Users discharging to POTW, also include
Entry Time/Date
Permit Effective Date
POTW name and NPDES cermil Number)
01:30PM 17/02/23
12/07/01
Moncum Holdings Utility, LLC WIMP
338 Pea Rdg Rd
Exit Time/Date
Permit Expiration Date
New Hill NC 27562
03:30PM 17/02/23
16/07/31
Name(s) of Onsite Representafive(s)Rttes(s)/Phone and Fax Number(s)
Other Facility Data
M'
Name, Address of Responsible Official/Title/Phone and Fax Number
Contacted
Jason Kaplari Century PI Ste 2000 Louisville CO 80027/1303-516-34781
No
Section C: Areas Evaluated During Inspection (Check only those areas evaluated)
Permit 0 Flow Measurement Operations & Maintenance Records/Reports
Self -Monitoring Program 0 Facility Site Review Effluent/Receiving Waters Laboratory
Section D: Summary of Finding/Comments (Attach additional sheets of narrative and checklists as necessary)
(See attachment summary)
Name(s) and Signature(s) of Inspector(s) Agency/Office/Phone and Fax Numbers Date
Jason T Robinson FRO N/O///
Signalur of Management O Reawer Again IOf/fica/Phone and Fax Numbers Date
Qhn
EPA Form 356(YJ (Rev 9-94) Previous editions are obsolete.
I
Page#
NPDE3
ydmww.y
Inspection Type
1
NCOD01899
121 17l M3
C
Section D: Summary of Finding/Comments (Attach additional sheets of narrative and checklists as necessary)
Page#
Permit: NC0001899 Owner -Facility: Moncure Holdings Utility, LLCVJWTP
Inspection Date: 02/23/2017 Inspection Type: Compliance Evaluation
Operations & Maintenance
Yes
No
NA NE
Is the plant generally clean with acceptable housekeeping?
0
❑
❑ ❑
Does the facility analyze process control parameters, for ex: MLSS, MCRT, Settleable
M
❑
❑ ❑
Solids, pH, DO, Sludge Judge, and other that are applicable?
Comment:
Permit
Yes
No NA
NE
(If the present permit expires in 6 months or less). Has the permittee submitted a new
0
❑
❑
❑
application?
Is the facility as described in the permit?
❑
❑
❑
❑
# Are there any special conditions for the permit?
❑
0
❑
❑
Is access to the plant site restricted to the general public?
0
❑
❑
❑
Is the inspector granted access to all areas for inspection?
M
❑
❑
❑
Comment: Permit expired on July 31, 2016. Permittee stated thev had submitted a renewal application
and are waiting on the permit.
Laboratory
Yes
No
NA
NE
Are field parameters performed by certified personnel or laboratory?
0
❑
❑
❑
Are all other parameters(excluding field parameters) performed by a certified lab?
0
❑
❑
❑
# Is the facility using a contract lab?
0
❑
❑
❑
# Is proper temperature set for sample storage (kept at less than or equal to 6.0 degrees
0
❑
❑
❑
Celsius)?
Incubator (Fecal Coliform) set to 44.5 degrees Celsius+/- 0.2 degrees? ❑ ❑ 0 ❑
Incubator (BOD) set to 20.0 degrees Celsius +/- 1.0 degrees? ❑ ❑ 0 ❑
Comment: Certified to analyze pH. All buffer were within expiration dates and a calibration logbook was
maintained. All other parameters analyzed by Pace Analvticals.
Record Keeping
Are records kept and maintained as required by the permit?
Is all required information readily available, complete and current?
Are all records maintained for 3 years (lab. reg. required 5 years)?
Are analytical results consistent with data reported on DMRs?
Is the chain -of -custody complete?
Dates, times and location of sampling
Name of individual performing the sampling
Results of analysis and calibration
Wd-=R7.k12 E
• ❑ ❑ ❑
• ❑ ❑ ❑
• ❑ ❑ ❑
• ❑ ❑ ❑
❑ ❑ ❑
Page# 3
Permit: NCO001899 Owner-Faclllty: Moncun
igs Utility, LLC WWVrP
Inspection Oafe: 0212312017 - - -- Inpeeeon Type:- Compliance.Evauation
Record Keeping
Yes
No NA NE
Dates of analysis
0
Name of person performing analyses
Transported COCs
0
Are DMRs complete: do they include all permit parameters?
0
❑
❑
❑
Has the facility submitted its annual compliance report to users and DWQ?
❑
❑
0
❑
(If the facility is = or > 5 MGD permitted flow) Do they operate 2417 with a certified operator
❑
❑
E
❑
on each shift?
Is the ORC visitation log available and current?
E
❑
❑
❑
Is the ORC certified at grade equal to or higher than the facility classification?
S
❑
❑
❑
Is the backup operator certified at one grade less or greater than the facility classification?
E
❑
❑
❑
Is a copy of the current NPDES permit available on site?
E
❑
❑
❑
Facility has copy of previous year's Annual Report on file for review?
❑
❑
E
❑
Comment:
Bar Screens
Yes No NA NE
Type of bar screen
a.Manual
❑
b.Mechanical
❑
Are the bars adequately screening debris?
0
❑
❑
❑
Is the screen free of excessive debris?
0
❑
❑
❑
Is disposal of screening in compliance?
E
❑
❑
❑
Is the unit in good condition?
0
❑
❑
❑
Comment:
Aeration Basins
Yes
No NA NE
Mode of operation
Type of aeration system
Is the basin free of dead spots?
N
❑
❑
❑
Are surface aerators and mixers operational?
0
❑
❑
❑
Are the diffusers operational?
❑
❑
N
❑
Is the foam the proper color for the treatment process?
0
❑
❑
❑
Does the foam cover less than 25% of the basin's surface?
E
❑
❑
❑
Is the DO level acceptable?
❑
❑
❑
Is the DO level acceptable?(1.0 to 3.0 mgA)
❑
❑
❑
Page# 4
` Permit: NC0001899 Owner -Facility: Moncure Holdings Utility, LLC VVVVrP
Inspection Date: 02/23/2017 Inspection Type: Compliance Evaluation
Aeration Basins Yes No NA NE
Comment. Two of three aerators are constantly running cycled manually.
Secondary Clarifier
Yes No NA
NE
Is the clarifier free of black and odorous wastewater?
0
❑
❑
❑
Is the site free of excessive buildup of solids in center well of circular clarifier?
N
❑
❑
❑
Are weirs level?
N
❑
❑
❑
Is the site free of weir blockage?
0
❑
❑
❑
Is the site free of evidence of short-circuiting?
M
❑
❑
❑
Is scum removal adequate?
0
❑
❑
❑
Is the site free of excessive floating sludge?
0
❑
❑
❑
Is the drive unit operational?
N
❑
❑
❑
Is the return rate acceptable (low turbulence)?
M
❑
❑
❑
Is the overflow clear of excessive solids/pin floc?
0
❑
❑
❑
Is the sludge blanket level acceptable? (Approximately'/C of the sidewall depth)
M
❑
❑
❑
Comment:
Flow Measurement - Effluent
Yes
No NA NE
# Is flow meter used for reporting?
0
❑
❑
❑
Is flow meter calibrated annually?
0
❑
❑
❑
Is the flow meter operational?
M
❑
❑
❑
(If units are separated) Does the chart recorder match the flow meter?
0
❑
❑
❑
Comment: Part received to repair flow meter on Feb 28, 2017
Effluent Pipe
Yes
No
NA
NE
Is right of way to the outfall properly maintained?
0
❑
❑
❑
Are the receiving water free of foam other than trace amounts and other debris?
0
❑
❑
❑
If effluent (diffuser pipes are required) are they operating properly?
N
❑
❑
❑
Comment:
Page# 5
A�
NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Resources
Pat McCrory Donald R. van der Vaart
Governor WATER QUALITY PERMITTING SECTION Secretary
PERMIT NAME/OWNERSHH' CHANGE REQUEST
This form is for ownership changes or name changes of NPDES wastewater permits.
• "Permittee" references the existing permit holder
• "Applicant" references the entity applying for the ownership/name change.
1. NPDES Permit No. (for which the change is requested): N C
Q U
or
Certificate of Coverage #:
N C G 5
Il. Existing Permittee Information:
a. Permit issued to (company name):
DuraFiber Technologies
(DFT), Inc.
b. Person legally responsible for permit:
Frank
Papa
First MI
Last
CEO
Title
13620 Reese Boulevard, Suite 400
Permit Holder Mailing Address
Huntersville NC
28078-
City State
Zip
(704)765-3700
(704)912-3711
Phone
Fax
c. Facility name:
DuraFiber Technologies
(DFT), Inc.
d. Facility's physical address:
338 Pea Ridge Road
Address
New Hill NC
27562-
City State
Zip
e. Facility contact person:
Thomas M. Kubel, Jr.
(919) 545-3741
First / MI / Last
Phone
III. Applicant Information:
a. Request for change is a result of: ® Change in ownership of the facility
❑ Name change of the facility or owner
If other please explain:
b. Permit issued to (company name):
c. Person legally responsible for permit:
Moncure Holdings Utility, LLC
Jason Kaplan
First MI Last
Title
282 Century Place, Suite 2000
Permit Holder Mailing Address
Louisville CO 80027-
City State Zip
(303) 516-3478 jkaplan@imaginenation.us
Phone E-mail Address
Page I of 2 Revised 710112014
d. Facility name: Moncure Holdings Utility, LLC WWTP
e. Facility's physical address: 338 Pea Ridge Road
Address
New Hill NC 27562-
City State Zip
f. Facility contact person: Jason Kaplan
First MI Last
Manager
Title
(303) 516-3478 jkaplan(a,imaginenation.us
Phone E-mail Address
IV. Will the permitted facility continue to conduct the same commercial/industrial activities conducted prior to
this ownership or name change?
❑ Yes
® No (please explain) Onsite industrial unknown, of isite industrial sources, landfill leachate
If applicable, the applicant shall submit a major permit modification request to DWR. A major modification shall be
defined as one that increases the volume, increases the pollutant load, results in a significant relocation of the
discharge point, or results in a change in the characteristics of the waste generated.
V. Required Items: THIS APPLICATION WILL BE RETURNED UNPROCESSED IF ITEMS ARE
INCOMPLETE OR MISSING:
I. This completed application is required for both name change and/or ownership change requests.
2. Legal documentation of the transfer of ownership (such as relevant pages of a contract deed, or a bill of sale) is
required for an ownership change request. Articles of incorporation are not sufficient for an ownership change.
Applicable regulations: 40 CFR 122.41, 40 CFR 122.61 and 15A NCAC 02H .0114
.....................................................................................................................
The certifications below must be completed and signed by both the permit holder prior to the change (Permittee), and the
new applicant in the case of an ownership change request. For a name change request, the signed Applicant's Certification
is sufficient.
PERMITTEE CERTIFICATION (Permit holder prior to ownership change):
I, Frank Papa, attest that this application for a name/ownership change has been reviewed and is accurate and complete to
the best of my knowledge. erstand that if all required parts of this application are not completed and that if all required
supporting inform t not ' cluded, this application package will be returned as incomplete
lA
Signature
APPLICANT CERTIFICATION
Date
1, Jason Kaplan, attest that this application for a name/ownership change has been reviewed and is accurate and complete
to the best of my knowledge. I understand that if all required parts of this application are not completed and that if all
required supporting informa 'on is not included, this application package will be returned as incomplete.
Si ature Date
PLEASE SEND THE COMPLETE APPLICATION PACKAGE TO:
Division of Water Resources
Water Quality Permitting Section
1617 Mail Service Center
Raleigh, North Carolina 27699-1617
NPDES PERMIT NAME/OWNERSHIP CHANGE REQUEST
Page 2 of 2 Revised 710112014
BK 1829 PG 0889
FILED
CHATHAM COUNTY INC
LUNDAYA. RIGGSBEE
REGISTER OF DEEDS
FILED Nov 24, 2015
AT 03:41:27 pm
BOOK 01829
START PAGE
0889
END PAGE
0894
INSTRUMENT#
11512
EXCISE TAX
$5,500.00
NORTH CAROLINA SPECIAL. WARRANTY DEED
Excise Tax: E5,500
Parcel Identifier Nos. 0005321 & 0005914
Verified by Chatham County on the _ day of_ , 2015, by.
After recording return to: Nelson Mullins Riley & Scarborough LLP, Olenlake One, Suite 200,
4140 Parklake Avenue, Raleigh, North Carolina 27612, Attn: Cathy M. Rudisill, Esq.
This instrument was prepared by: Ktelu, Harrison, Hervey, Bramburg LLP, 1835 Market Stem Suite 1400, Philadelphia, PA 19130
Brief description for the Indde�x' 339 Pea Ridge Rd, New Hill, NC 27562
THIS DEED made this JL=day of November, 2015, by and between
DurdFiber Technologies (I)FT), Inc.
Me Performance Fibers, Inc.,
a Delaware corporation
13620 Reese Boulevard
Suite 400
Hantersville, NC 28078
Moncue Holdings West, LLC,
a North Carolina limited liability company
292 Century Place
Suite 2000
Louisville, CO 80027
Enter in appropriate block for each party: name, address, and, if appropriate, character of entity, e.g. corporation or partnership.
The designation Grantor and Grantee as used herein shall include said parties, their heirs, successor, and assigns, and shall include
singular, plural, masculine, feminine or neuter as required by context.
W ITNESSETH, that the Granter, for a valuable consideration paid by the Grantee, the receipt of which is hereby acknowledged, has
and by these presents does grant, bargain, sell and convey unto the Grantee in fee simple, all that certain lot or parcel of lend situated
in the Chatham County, North Carolina and more particularly described as follows:
SEE EXHIBIT "A" ATTACHED HERETO AND INCORPORATED HEREIN BY THIS REFERENCE.
This conveyance and special warranty of title contained herein are made expressly subject to (i) those items set Ruth on Exhibit B
hereto end fill the lien of any real estate taxes for 2016 and thereafter, not yet due and payable.
The property hereinabove described was acquired by Grantor by instrument recorded in Book 1149, page 131.
PHILI 4969987,3
BK 1829 PG 0890
TO HAVE AND'I'O HOLD the aforesaid lot or parcel of land and all privileges and appurtenances thereto belonging to the Gurnee in fee
simple.
And the Grantor covenants with the Grantee, that Grantor has done nothing to impair such title as Grantor received, and Grantor will warrant
and defend the title against the lawful claims of all persons claiming by, under or through Grantor only, other than the following those
exceptions as shown on Exhibit E, attached hereto.
[Slgnanve page follmrsJ
pI1ILl 4969987v.3
BK 1829 PG 0891
IN WITNESS WHEREOF, the Grantor has duly executed the foregoing as of the day and year first above written.
DmaFiber Technologies (DFT), Inc.
Me Performance F'ber& Inc.,
a Delaware co I on ..
�1 ITR _ T •.
STATE OF
COUNTY OF NECL'L4"&,W
I certify that the following person(s), either being personally known to me or proven by satisfactory evidence, personally appeared
before me this day, sae acknowilodging tome that he or she voluntarily signed the foregoing document for the purpose stated therein and in
the capacity indicated: 4006rd (9- &&/- as the of DuraFiber Te hnologies (E)FT), Inc. Uk/a Performance Fibers, Inc.
Date: November I j, , 23I5 / ,/ e. �`^o
O-�G/Mae16,vole 11fSCCFel`l Notary eName: 01114# E. N
(Official Scal] My CommWion Expires: 7. b0. 2OM
HELOA E. HOLMES
NOTARYPUBLIC
Mecklenburg County
North Carolina
IMY Commission Expires July 30, 2019
PHIL14%"97v3
BK 1829 PGX0892
All of Tract 1 and Tract 2 as shown on that recorded in Plat Slide 2001-40, Plat Slide 2004-41, Plat Slide 2004-
42 and Plat Slide 200443, Chatham County Registry.
Together with real property rights as set forth in that certain Declaration of Covenants, Conditions, and
Restrictions dated February 10, 2004, by and between Honeywell International, Inc., a Delaware corporation,
and Moneure Volunteer Fire Department, Inc., a North Carolina corporation, recorded on February 10, 2004, in
Book 1084, Page 346, and in Instrument No. 01664, Chatham County Registry.
PHQ.I 4969987v.3
BK 1829 PG 0893
EXHIBIT "B"
1. Terms, covenants, conditions, restrictions and easements as set forth in Declaration of
Covenants, Conditions and Restrictions by and between Honeywell International, Inc. and
Manicure Volunteer Fire Department, hie. recorded in Book 1084 at Page 346, Chatham County
Registry, but omitting any covenant, condition or restriction, if any, based on race, color,
religion, sex, handicap, familial status, or national origin unless and only to the extent that the
covenant, condition or restriction (a) is exempt under Title 42 of the United States Code, or (b)
relates to handicap, but does not discriminate against handicapped persons.
2. Easements, setback lines and any other nytters shown on plat recorded in Plat Slide 2004, Pages
40, 41, 42, and 43 and Plat Slide 2015-�,ry Chatham County Registry.
3. Terms and Conditions of Agreement by and between Seaboard Coast Line Railroad Company
and Fibers Division, Allied Chemical Corporation recorded in Book 359 at Page 283, as
modified by Release Agreement by CSX Transportation, Inc., recorded in Book 660 at Page 80,
Chatham County Registry. See also agreement recorded in Book 351 at Page 93, Chatham
County Registry; as all assigned per instrument recorded in Book 1155 at Page 563, Chatham
County Registry.
4. Easement from Johnson & Wimsatt, Inc. to Carolina Power & Light Company recorded in Book
317 at Page 7, Chatham County Registry.
5. Right of Way Agreement from Allied Chemical Corporation to State Highway Commission
recorded in Book 351 at Page 435, Chatham County Registry.
6. Easements from Allied Chemical Corporation to Carolina Power & Light Company recorded in
Book 357 at Pages 128 and 129, Chatham County Registry.
7. Right of Way Agreement from Allied Chemical Corporation to Public Service Company of
North Carolina, Inc. recorded in Book 353 at Page 113, Chatham County Registry.
8. Right of Way Agreement from Allied Chemical Corporation to Department of Transportation
recorded in Book 764 at Page 672, Chatham County Registry.
9. Restrictions contained in the Special Warranty Deed from Honeywell international Inc. to
Performance Fibers, Inc. recorded in Book 1149 at Page 131, Chatham County Registry.
10. Title to that portion of the land, if any, lying within the railroad right of way and rights of the
railroad company servicing the railroad siding located on insured premises in and to the ties, rails
and other properties constituting said railroad siding or in and to the use thereof and also rights
of others thereto entitled in and to the use thereof.
11. Rights of others in and to the continuous and uninterrupted flow of the waters bounding or
crossing the land and riparian and/or littoral rights incident to the land.
12. Title to that portion of the land lying within the bounds of any roads or highways; and/or rights
of the public and others entitled thereto in and to the use of that portion of the insured promises
within the bounds of street or roadway, if any.
13. The following matters as shown on the survey dated October 8, 2015, by Charles O. Eliason,
Professional Land Surveyor:
a) overhead utility lines and poles;
b) 30' & 70' wide Carolina Power & Light Company right of way (DB 357, PGS 128 &
129);
c) 140' wide water intake and sewer discharge easement;
PHIL] 49699a7v3
M
BK 1829 PG 0894
d) pump station;
e) limits of cultivation encroachment;
f) fire hydrants, boxes, valves;
g) storm drainage lines;
h) gas line and junction.
14. Rights of others, if my, in and to soil drive and drainage ditches affecting the subject property as
shown on survey dated October 8, 2015, prepared by Charles O. Eliason, PLS.
PHIU 49699ah.3
BK 1829 PG 0895
NORTH CAROLINA QUITCLAIM DEED
Excise Tax: — O —
Parcel Identifier Nos. 0005321 & 0005914
Verified by Chatham County on the _ day of 2015,
FILED
CHATHAM COUNTY NC
LUNDAYA. RIGGSBEE
REGISTER OF DEEDS
FILED Nov 24, 2015
AT 03:41:27 prn
BOOK 01829
START PAGE
0895
END PAGE
0897
INSTRUMENT#
11513
EXCISE TAX
(None)
After recording return to: Nelson Mullins Riley & Scarborough LLP, GlenLake One, Suite 200,
4140 Parklake Avenue, Raleigh, North Carolina 27612, Attn: Cathy M. Rudisill, Esq.
This instrument was prepared by: Klel r, Harrison, Harvey, Branzburg LLP, 1935 Market Street Suite 1400. Philadelphia, PA 19130
Brief description for the Index: 338 Pca Ridge Rd, Now Hill, NC 27562
THIS DEED made this —L2t day of s.� .2015, by and between
DuraFiber Technologies (DFT), Inc.
Me Performance Fibers, Inc.,
a Delaware corporation
13620 Reese Boulevard
Suite 400
Huntersville, NC 28078
Moname Holdings West, LLC,
a North Carolina limited liability company
282 Century Place
Suite 2000
Louisville, CO 90027
Enter in appropriate block for each party: name, address, and, if appropriate, character of entity, e.g. corporation or partnership.
The designation Grantor end Grantee as used herein shall include said parties, their heirs, successors, and assigns, and shall Include
singular, plural, masculine, feminine or neuter as required by context.
Transfer of Ownership: Grantor, for a valuable consideration paid by Grantee, the receipt of which is hereby acknowledged, has
remised and released and does hereby remise, release and forever quitclaim to Grantee, the Property described below:
SEE EXHIBIT "A" ATTACHED HERETO AND INCORPORATED HEREIN BY THIS REFERENCE.
TO HAVE AND TO HOLD the aforesaid lot or parcel of land and all privileges and appurtenances thereto belonging m the Good" in fee
simple.
Greater makes no warranty. express or implied, as to fide to the Property.
[Slgnanrre page fo/lows]
PHILI 4974028v.2
BK 1829 PG 0896
IN WITNESS WHEREOF, the Grantor has duly executed the foregoing as of the day and year first above written.
Duralriber Technologies (DFT), Inc
fflr/a Performance Fibers, Inc.,
a Delaware coadoration
a
STATE OF AIOBTR CREOL 1J
COUNTY OF ACC 4W6024
I certify that the following persou(s), either being personally known to me or proven by satisfactory evidence, personally appeared
before me this day, each acknowledging to me that he or she voluntarily signed the foregoing document for the purpose anted therein and in
the capacity indicated:
11?lc lwQ Q. CUTTEZ
Date: EW.12.2045
[Official Seal) My Commission Expires: PL. 80•l0lg
LHELOA E. HOLMES
NOTARY PUBLICMecklenburg County
NorthCarolinamission Expires July 30, 2019
PNILI 4974029v.2
BK 1829 PG 0897
EXHIBIT "A"
All that tract or parcel of land lying in Chatham County, North Carolina, and being more particularly described
as follows:
.'L
Being all of Tracts 1,2, and 3 as shown on map recorded in Plat Slide 2015 =a45, Chatham County Registry.
Together with real property rights as set forth in that certain Declaration of Covenants, Conditions, and
Restrictions dated February 10, 2004, by and between Honeywell International, Inc., a Delaware corporation,
and Moncure Volunteer Fire Department, Inc., a North Carolina corporation, recorded in February 10, 2004, in
Book 1084, Page 346, and in Instrument No. 01664, Chatham County Registry.
PHILI 497402U.2