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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 DES Permit Standard Conditions Page 1 of 18 PART II STANDARD CONDITIONS FOR NPDES PERMITS Section A. Definitions 2/Month Samples are collected twice per month with at least ten calendar days between sampling events. These samples shall be representative of the wastewater discharged during the sample period. 3/Week Samples are collected three times per week on three separate calendar days. These samples shall be representative of the wastewater discharged during the sample period. Act or "the Act" The Federal Water Pollution Control Act, also known as the Clean Water Act (CWA), as amended, 33 USC 1251, et. seq. Annual Average The arithmetic mean of all "daily discharges" of a pollutant measured during the calendar year. In the case of fecal coliform, the geometric mean of such discharges. Arithmetic Mean The summation of the individual values divided by the number of individual values. Bypass The known diversion of waste streams from any portion of a treatment facility including the collection system, which is not a designed or established or operating mode for the facility. Calendar Day The period from midnight of one day until midnight of the next day. However, for purposes of this permit, any consecutive 24-hour period that reasonably represents the calendar day may be used for sampling. Calendar Week The period from Sunday through the following Saturday. Calendar 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 Version 1110912011.1 IPDES Permit Standard Conditions Page 2 of 18 (4) Constant time/constant volume: a series of grab samples of equal volume collected over a 24-hour period at a constant time interval. Use of this method requires prior approval by the Director. This method may only be used in situations where effluent flow rates vary less than 15 percent. The following restrictions also apply: ➢ Influent and effluent grab samples shall be of equal size and of no less than 100 milliliters ➢ Influent samples shall not be collected more than once per hour. ➢ Permittees with wastewater treatment systems whose detention time < 24 hours shall collect effluent grab samples at intervals of no greater than 20 minutes apart during any 24-hour period. ➢ Permittees with wastewater treatment systems whose detention time exceeds 24 hours shall collect effluent grab samples at least every six hours; there must be a minimum of four samples during a 24-hour sampling period. Continuous flow measurement Flow monitoring that occurs without interruption throughout the operating hours of the facility. Flow shall be monitored continually except for the infrequent times when there may be no flow or for infrequent maintenance activities on the flow device. Daily Discharge The discharge of a pollutant measured during a calendar day or any 24-hour period that reasonably represents the calendar day for purposes of sampling. For pollutants measured in units of mass, the "daily discharge" is calculated as the total mass of the pollutant discharged over the day. For pollutants expressed in other units of measurement, the "daily discharge" is calculated as the average measurement of the pollutant over the day. (40 CFR 122.2; see also "Composite Sample," above.) Daily Maximum The highest "daily discharge" during the calendar month. Daily Sampling Parameters requiring daily sampling shall 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). Version 1110912011.1 DES Permit Standard Conditions Page 3 of 18 Hazardous Substance Any substance designated under 40 CFR Part 116 pursuant to Section 311 of the CWA. Instantaneous flow measurement The flow measured during the minimum time required for the flow measuring device or method to produce a result in that instance. To the extent practical, instantaneous flow measurements coincide with the collection of any grab samples required for the same sampling period so that together the samples and flow are representative of the discharge during that sampling period. Monthly Average (concentration limit) The arithmetic mean of all "daily discharges" of a pollutant measured during the calendar month. In the case of fecal 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 Version 11/09/2011.1 IPDES Permit Standard Conditions Page 4 of 18 imprisonment of not more than 1 year, or both. In the case of a second or subsequent conviction for a negligent violation, a person shall be subject to criminal penalties of not more than $50,000 per day of violation, or by imprisonment of not more than 2 years, or both. [33 USC 1319(c)(1) and 40 CFR 122.41(a)(2)] d. Any person who knowingly violates such sections, or such conditions or limitations is subject to criminal penalties of $5,000 to $50,000 per day of violation, or imprisonment for not more than 3 years, or both. In the case of a second or subsequent conviction for a knowing violation, a person shall be subject to criminal penalties of not more than $100,000 per day of violation, or imprisonment of not more than 6 years, or both. [33 USC 1319(c)(2) and 40 CFR 122.41(a)(2)] e. Any person who knowingly violates section 301, 302, 303, 306, 307, 308, 318 or 405 of the Act, or any permit condition or limitation implementing any of such sections in a permit issued under section 402 of the Act, and who knows at that time that he thereby places another person in imminent danger of death or serious bodily injury, shall, upon conviction, be subject to a fine of not more than $250,000 or imprisonment of not more than 15 years, or both. In the case of a second or subsequent conviction for a knowing endangerment violation, a person shall be subject to a fine of not more than $500,000 or by imprisonment of not more than 30 years, or both. An organization, as defined in section 309(c)(3)(B)(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. Version 11/09/2011.1 DES Permit Standard Conditions Page 5 of 18 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 Version 1110912011.1 IPDES Permit Standard Conditions Page 6 of 18 c. Changes to authorization: If an authorization under paragraph (b) of this section is no longer accurate because a different individual or position has responsibility for the overall operation of the facility, a new authorization satisfying the requirements of paragraph (b) of this section must be submitted to the Director prior to or together with any reports, information, or applications to be signed by an authorized representative [40 CFR 122.22] d. Certification. Any person signing a document under paragraphs a. or b. of this section shall make the following certification [40 CFR 122.221. 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). Version 1110912011.1 DES Permit Standard Conditions Page 7 of 18 (3) within seven calendar days of vacancies in both ORC and Back-up ORC positions replacing or designating at least one of the responsibilities. The ORC of each Class I facility (or the Back-up ORC, when acting as surrogate for the ORC) must: ➢ Visit the facility as often as is necessary to insure proper operation of the treatment system; the treatment facility must be visited at least weekly ➢ Comply with all other conditions of 15A NCAC 08G .0204. The ORC of each Class 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. Version 1110912011.1 IPDES Permit Standard Conditions Page 8 of 18 (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: Version 1110912011.1 DES Permit Standard Conditions Page 9 of 18 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. Version 1110912011.1 IPDES Permit Standard Conditions Page 10 of 18 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. Version 11/09/2011.1 DES Permit Standard Conditions Page i 1 of 18 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. Version 1110912011.1 IPDES Permit Standard Conditions Page 12 of 18 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 Version 1110912011.1 DES Permit Standard Conditions Page 13 of 18 PART III OTHER REQUIREMENTS Section A. Construction a. The Permittee shall not commence construction of wastewater treatment facilities, nor add to the 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. Version 1110912011.1 1PDES Permit Standard Conditions Page 14 of 18 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) Version 1110912011.1 DES Permit Standard Conditions Page 15 of 18 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, Version 11/092011.1 PDES Permit Standard Conditions Page 16 of 18 3. With regard to the effluent requirements listed in Part I of this permit, it may be necessary for the Permittee to supplement the requirements of the Federal Pretreatment Standards (40 CFR, Part 403) to ensure compliance by the Permittee with all applicable effluent limitations. Such actions by the Permittee may be necessary regarding some or all of the industries discharging to the municipal system. 4. The Permittee shall require any Industrial User (IU) discharging to the POTW to meet Federal Pretreatment Standards developed under Section 307(b) of the Act as amended (which includes categorical standards and specific local limits, best management practices and narrative requirements). Prior to accepting wastewater from any Significant Industrial User (SIU), the Permittee shall either develop and submit to the Division a new Pretreatment Program or, as necessary, a modification of an existing Pretreatment Program, for approval as required under section D below as well as 15A NCAC 02H .0907(a) and (b). [40 CFR 122.440)(2)] 5. This permit shall be modified, or alternatively, revoked and reissued, to incorporate or modify an approved POTW Pretreatment Program or to include a compliance schedule for the development of a POTW Pretreatment Program as required under Section 402 (b)(8) of the CWA and implementing regulations or by the requirements of the approved State pretreatment program, as appropriate. Section D. Pretreatment Programs Under authority of sections 307 (b) and (c) and 402(b)(8) of the CWA and implementing regulations 40 CFR 403, North Carolina General Statute 143-215.3(14) and implementing regulations 15A NCAC 02H .0900, and in accordance with the approved pretreatment program, all provisions and regulations contained and referenced in the pretreatment program submittal are an enforceable part of this permit. [40 CFR 122.440)(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 Version 11/09/2011.1 DES Permit Standard Conditions Page 17 of 18 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. Page 8 of 8 :r Outfall 001 002 / `mot �• � � �e \ d�f Outfa11002 ►„ � 6 r � rr. \ I NC000343` NC0001899/Moncure Holdings Utility, LLC Outfall 001 002 / `mot �• � � �e \ d�f Outfa11002 ►„ � 6 r � rr. \ I NC000343` NC0001899/Moncure Holdings Utility, LLC I Facility --i Location lSGS Quad N.C. Q � 001- Lat.: 35°37'Ol" eceiving Streams: Long.: 79°03'25" DI - Haw River, 002 - Shaddox Creek traam claaer WS-IV 002 - Lat.; 35°37'00" Net to SCALE ubbasin: Capa Paap/ E9-0&-pp NPI 'ermit Standard Conditions Page 1 of 18 PART II STANDARD CONDITIONS FOR NPDES PERMITS Section A. Definitions 2/Month Samples are collected twice per month with at least ten calendar days between sampling events. These samples shall be representative of the wastewater discharged during the sample period. 3/Week Samples are collected three times per week on three separate calendar days. These samples shall be representative of the wastewater discharged during the sample period. Act or "the Act" The Federal Water Pollution Control Act, also known as the Clean Water Act (CWA), as amended, 33 USC 1251, et. seq. Annual 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 Version 1110912011.1 NPDES Permit Standard Conditions Page 2 of 18 (4) Constant time/constant volume: a series of grab samples of equal volume collected over a 24-hour period at a constant time interval. Use of this method requires prior approval by the Director. This method may only be used in situations where effluent flow rates vary less than 15 percent. The following restrictions also apply: ➢ Influent and effluent grab samples shall be of equal size and of no less than 100 milliliters ➢ Influent samples shall not be collected more than once per hour. ➢ 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). Version 1110912011.1 NPI 'ermit Standard Conditions Page 3 of 18 Hazardous Substance Any substance designated under 40 CFR Part 116 pursuant to Section 311 of the CWA. Instantaneous flow measurement The flow measured during the minimum time required for the flow measuring device or method to produce a result in that instance. To the extent practical, instantaneous flow measurements coincide with the collection of any grab samples required for the same sampling period so that together the samples and flow are representative of the discharge during that sampling period. Monthly Average (concentration limit) The arithmetic mean of all "daily discharges" of a pollutant measured during the calendar month. In the case of fecal coliform or other bacterial parameters or indicators, the geometric mean of such discharges. Permit Issuing Authority The Director of the Division of Water Resources. Quarterly Average (concentration limit) The arithmetic mean of all samples taken over a calendar quarter. Severe 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 Version 11/09/2011.1 NPDES Permit Standard Conditions Page 4 of 18 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. Version 1110912011.1 NPI 'ermit Standard Conditions Page 5 of 18 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] Version 1110912011.1 NPDES Permit Standard Conditions' Page 6 of 18 c. Changes to authorization: If an authorization under paragraph (b) of this section is no longer accurate because a different individual or position has responsibility for the overall operation of the facility, a new authorization satisfying the requirements of paragraph (b) of this section must be submitted to the Director prior to or together with any reports, information, or applications to be signed by an authorized representative [40 CFR 122.221 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). Version 111092011.1 NPI Permit Standard Conditions Page 7 of 18 (3) within seven calendar days of vacancies in both ORC and Back-up ORC positions replacing or designating at least one of the responsibilities. The ORC of each Class I facility (or the Back-up ORC, when acting as surrogate for the ORC) must: ➢ Visit the facility as often as is necessary to insure proper operation of the treatment system; the treatment facility must be visited at least weekly ➢ Comply with all other conditions of 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. Version 11/092011.1 NPDES Permit Standard Conditions Page 8 of 18 (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: Version 11/09/2011.1 NPI rrmit Standard Conditions Page 9 of 18 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]. Version 11/09/2011.1 NPDES Permit Standard Conditions' r' Page 10 of 18 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. Version 11/09/2011.1 NPI 'ermit Standard Conditions Page 11 of 18 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. Version 1110912011.1 NPDES Permit Standard Conditions' Page 12 of 18 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 Version 1110912011.1 NPl 'ermit Standard Conditions Page 13 of 18 PART III OTHER REQUIREMENTS Section A. Construction a. The Permittee shall not commence construction of wastewater treatment facilities, nor add to the 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. Version 1110912011.1 NPDES Permit Standard Conditions' Page 14 of 18 PART IV SPECIAL CONDITIONS FOR MUNICIPAL FACILITIES Section A. Definitions In addition to the definitions in Part 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) Version 1110912011.1 NPI 'ermit Standard Conditions Page 15 of 18 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, Version 1110912011.1 NPDES Permit Standard Conditions' Page 16 of 18 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 Version 1110912011.1 NPI ermit Standard Conditions Page 17 of 18 enforceable Pretreatment Standards as defined by 40 CFR 403.3(1). [15A NCAC 02H .0903(b)(10), .0905, and .0906(b)(4)] 5. Industrial User Pretreatment Permits (IUP) & Allocation Tables In accordance with NCGS 143-215.1, the 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 0 O3MIDIIWRELOW[HRS = QENTER 0wW PeMMETER CODE" 061E KNEE u _ F HRS Y1WN MOD C UMTB WDA mVL LdWY LSDAY . myL L erY LRIw Pm mmna mWL L 6161201/1 40 Y OW2 25A 671 50 0.1 in 41 01 40 ED 00 OB ONWL2016 4.0 Y 0.001 ZD.0 am 11.7 0.1 110 4.0 0.0 5.0 0.0 0.10 6@01201 790 LO Y O.Ml 29A 690 5.0 00 130 6.2 0.1 5.o 0.0 0.10 7DO 4.0 Y tell 20.5 6.42 4.1 0.4 116 72 0.7 5.0 OD .1.0 021 TOO 4.0 Y 0.002 29.7 a.72 67 01 1M 72 0.1 6.1 5.0 0.0 700 4.D Y OWt 271 662 20 DO 13/ 39 0➢ - O9 tees 015 ON 49 00 ]'.W 4.0 Y O.W3 256 6% 2.0 O0 1M 25 00 40 00P 000015 �OWO Zff 7W 1.0 Y Door 26.9 7.3. 26 DO in 144 0.12 49 D.0 7:W 4.0 Y 0.1101 252 6.67 2A OA 131 11.e 0.1 4.0 0.0 O 7Do 4.0 Y OW2 26.2 655 20 00 126 S6 D.I 4s 00 D35 ff 7:W 4.0 Y O.OD3 26.0 1.01 2.0 0.0 124 7.5 0.2 4.e 0.0.00n M.mm U.. I 1 10.4 5 20 .r D.ux 0.006 178 1 " 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