NC0025534_Tax Certification (Add Info)_20231114

From:
Chen, Siying
To:
"kmazankowski(a)havnesintl.com"
Subject:
Additional Information Request for Tax Certification Application
Date:
Wednesday, September 27, 2023 11:02:00 AM
Attachments:
imaae001.pna
Hi Mr. Mazankowski,
On March 8, 2023, we received an application from you for a tax certification of wastewater
pollution abatement equipment located at your facility in Henderson County. After review of your
application, we have determined that it is missing several necessary pieces of information for us to
properly assess and process your application. In order for our office to complete our review of your
Tax Certification Request, the following information is required:
Do you hold any active NC Division of Water Resources NPDES permits? If so, please list
permit numbers. (You provided a storm water permit number NCS000209 with the Division of
Energy, Mineral and Land Resources, which would not qualify for the DWR'S tax certification; but
you also mentioned the Hendersonville POTW, are you a SIU that discharge to this facility?)
A detailed process schematic showing the exact location in your facility of all items for
which certification is being requested.
A list of the permit(s) or approval document(s) under which each item was approved by
DEQ. Stormwater permits and City issued pretreatment permits should also be included.
This information may be submitted in any form that will allow our staff to identify and evaluate each
asset for which tax certification is being requested.
You may however wish to consider submitting the requested information using the Application Form
being required effective April 1, 2007 for all tax certification requests for property regulated by the
Division of Water Resources. This form has also been approved by the Department of Revenue for
use by the County Tax Offices. A copy of this form is attached and can also be found on our website
at: http://deq.nc.gov/about/divisions/water-resources/water-resources-permits/wastewater-
branch/npdes-wastewater/tax-certification
Failure to provide the required information within thirty calendar days from receipt of this letter
will result in your application being returned as incomplete.
Please do not hesitate to contact me if there is a need for any additional information or clarification.
Thank you!
Siying (Sylvia) Chen (she/her/hers)
Environmental Specialist II, Division of Water Resources
North Carolina Department of Environmental Quality
Office: [phone]
siying.chen(@deq.nc.gov

EQ2�
�J
NORTH CAROLINA
Department of Environmental Quality
Email correspondence to and from this address is subject to the North
Carolina Public Records Law and may be disclosed to third parties.

For DWR Use: TCN:
This application is to be used only for waste treatment systems and equipment Rev.
under the authority of the NC Division of Water Resources (DWR) 01/29/2016
DIRECTIONS: Complete and mail signed copies of the application form and all supporting information to both: 1) the County Tax Administrator for the County in which the facility is located (one copy)
AND 2) to the NC Division of Water Resources, Surface Water Protection Section, 1617 Mail Service Center, Raleigh. NC 27699-1617 (two copies). Type or print in blue or black ink. A separate
application package is required for each facility where property proposed for tax certification is located.
THIS APPLICATION WILL NOT BE PROCESSED WITHOUT COMPLETE AND ACCURATE INFORMATION. If you have any questions regarding this application, please call the local tax office or the
NC Division of Water Resources at 919/807-6300 or their web site at htt s://ox,de rod,nc. ov/abouYdivisions/water-resources/water-resources ermits/wastewater-branch/n des-wastewaterltax-
certification for more specific contact information.
Please Note:
a) Tax Certifications will only be processed for facilities under the authority of the DWR and only if the DWR has found that the described property:
1. Has been or will be constructed or installed;
2. Complies with or that plans therefore which have been submitted to the DWR indicate that it will comply with the requirements of the Environmental Management Commission;
3. Is being effectively operated or will, when completed, be required to operate in accordance with the terms and conditions of the permit, certificate of approval, or other document of approval
issued by the DWR; and
4. Has or, when completed, will have as its PRIMARY rather than incidental purpose the reduction of water pollution;
S. Is being used exclusively (100%) for waste treatment.
b) If approved, the Tax Certification issued will incorporate all requested assets at the facility that meet the criteria for Tax Certification by DWR. Therefore this application must include any new assets
for which Tax Certification is being requested, as well as anv assets previously receiving Tax Certification from DWR for which Tax Certification is still needed.
A. Applicant (Applicant is the owner of, and tax a er for, the property described in this application for tax certification.
Name of Applicant:
Name of Facility:
Haynes Wire Company
NC Mountain Home
Address of Applicant, if different from facility where property located:
Physical Address of Facility where property located (no P.O. Box):
158 N Egerton Rd Hendersonville NC 28792
(address) (city)
(zip)
(street address) (city) (zip)
Business Relationship of Applicant to facility where property located:
Coun where roe located: Henderson
Name of Contact Person at Facility where property located:
Owner
Ken Mazankowski
Does the Applicant hold any NC Division of Water Resources Permits?
828-393-1214
© Yes 1 ❑ No
Title: Finance Mana er Phone Number:
[eyes, please list
Hendersonville POTW NSU-07 (Pipe 001),
NC DEQ Div. of Energy, Mineral and Land Resources NCS000209
Permit Nos
Nos
():
If approved, will this be the first Tax Certification issued for this Facility?
If no, attach any previously issued
.x�] Yes / No
tax certifications
B. Complete this Section only if the O eratort'User of the facility and equipment is different from the Owner of the facility.
Name of Operator/Usen
Operator/User Address:
(address)
(city) (zip)
Opnrator/User Contact Name:
Relationship between 0 erator(User of facility and equipment and applicant:
ATTACH A PROCESS SCHEMATIC TO YOUR APPLICATION The number of each item for which Tax Certification is being requested must be shown on the schematic `~ Application continues on
Next page

DIVISION OF WATER RESOURCES TAX CERTIFICATION & EXEMPTION APPLICATION
PAGE 2
Waste Treatment Systems & Equipment: Waste treatment systems & equipment must be used exclusively for the abatement of water pollution
Rev. 09 OM013
Fa, cwray
u. ofy
F«DwR uee
oMy^A-
APc,arsa-D- Description of Waste Treatment Systems or Equipment
Was asset listed in
the permit (YeslNe)
Asset Number,
Vehicle Identification
%of time item is
Year of
How is this equipment used for pollution abatement? used for pollution
Original Historical
Cost"
Is this asset
replacing a prior
asgxxowa
'
Number(VIN)
abatement Acquisition
asset?
Waste Treatment Tank
NO
1
07-10051
Treatment of wastewater from the Clean
100%
2022
74,789
NO
House process for final discharge into
POTW per Hendersonville City
Pretreatment Permit
NO
'
Waste Treatment overfill
NO
D7-1D051
Treatment of wastewater from the Clean
100%
2022
74,789
House process for final discharge into
POTW per Hendersonville City
Pretreatment Permit
Treatment of wastewater from the Clean
Waste Sample Tank
NO
07-10051
100%
2022
74,789
NO
House process for final discharge into
POTW per Hendersonville City
Pretreatment Permit
Treatment of wastewater from the Clean
2022
Muriatic and Caustic Barrels for PH Control
NO
07-10051
100%
74,790
NO
House process for final discharge into
POTW per Hendersonville City
Pretreatment Permit
i
r
_ I
Attach additicnel pages If necessary
"lithe asset Is listed In the DWq permit, the description must be Identical as Rated on the current permit. If the asset is not specifically listed In the DWQ permit, the applicant must attach detailed Information as to why the asset should qualify for Tax Cerwcauon.
- When certifying systems or equipment, DENR Is not certifying the cost of the equipment or the year of acquisition.
Facilities: To qualify for tax certification, the building or section of building being applied for, must be used exclusively for water pollution prevention. A sketch of the building, square footage along with
details as to how the building is used for water pollution prevention, is required.
Land: To qualify for tax certification, the land must be used exclusively for water pollution prevention. A schematic diagram of the facility detailing the land being applied for is required. The amount of land
(acreage) is required and how this land is being used to prevent water pollution. For wastewater treatment and irrigation system list separately the acreage used for actual treatment from the acreage required
by the facility's water quality permit for buffers and setbacks.
SIGNATURE:
I hereby certify that the above equipment, facilities and/or land are used for the purpose stated, and that the information presented in this application is accurate.
mobile equipment I' rs.ep licati ill be used exclusi In the state of North Carolina.
Applicant ¢
Signature: _ �— Title: L 113
(pdnt name also) a
NOTICE: The penalty for.false st ement, representation or certification Of: r l
herein includes imprisonment and ! or the assessment of civil penalties. a. of 4Wplicant Busines- Entity)
Furthermore, I certify that any portable or
_Date: f�J Ytov,
I`

- i
Gkndning
Tan&,
Cottf 'VV.-itr r =:�N
tag k
h+faterlal �
Rinse T3tik
I
i'diul[ailC Talk �f
Manufacturing
Chemical Tanks
I
Nlu% Tani I �—
Hm W' it +r
i=oath �g rtank II ��
I 1
I low Tan1
. Muriatic and Caustic
Barrels for PH Control
ICI
,s 4
r Waste
I Treatment
TankI
Waste
fi Treatment;
Overfill
r Waste
sample
Tank
Waste Water
Pollution
Abatement
Equipment
ta�nn�tl: �

Industrial User Pretreatment Permit UP
PART I
Specific Conditions
IUP, PART I, OUTLINE:
A.) 1UP Basic Information
B.) IUP Modification History
C.) Authorization Statement
D.) Description of Discharges
E.) Schematic and Monitoring Locations
P.) Effluent Limits & Monitoring Requirements
G.) Definitions and Limit Page(s) notes
A. IUP Basic Information:
Pecciving Control Authority & WWU name
POTW NPDES 4:
City of Hendersonville WWTP
NCO025534
rUP Name:
IUP Number:
Haynes Wire Company
NSU-07
ILTP Effective date:
Pipe Numbers, list all regulated pipes -
January 1, 2019
001
rUP Expiration date:
IUP 40 CFR4 (ifapplicable), or NA
December 31, 2023
NA
B. IUP History. A Complete Permit History is required):
Effective Renewal or Description of changes over previous IUP.
Date Modification
01.01.1999 Renew 1UP No changes in Limits.
01.01.2004 Renew IUP No changes in Limits.
01.01.2009 Renew IUP 350 mg/L Limit added to BOD and TSS.
Ammonia Nitrogen as N increased to monthly.
01.01.2019 Renew IUP Lowered TSS and Ammonia Nitrogen limits to 250
mg/L and 25 mg/L. Change concentration limits
for Chromiuun, Copper, Lead, Nickel, and Zinc to
mass limits of 1 lbs/day, 0.05 Ibs/day, 0.05 lbs/day,
1 Ibs/day, and 0.05 lbs/day.
2

Industrial User Pretreatment Permit IUP
PART I
Specific Conditions
C.) Authorization Statement:
1.) The Permittee is hereby authorized to discharge wastewater in accordance with
the effluent limitations, monitoring requirements, and all other conditions set
forth in this Industrial User Pretreatment Permit (lUP) into the sewer collection
system and wastewater treatment facility of the Control Authority and/or
Municipality.
2.) The Permittee is hereby authorized to continue operation of and discharge
wastewater from the following treatment or pretreatment facilities. These
facilities must correspond to the treatment units listed on both the application
and inspection forms.
11 IU Treatment Units II
U^ Descriptions:
Flow Meter and
Sampling Equipment
3.) The Permittec is hereby authorized to, if required by the Control Authority
and/or Municipality and after receiving Authorization to Construct (A to C)
from the Control Authority and/or Municipality, construct and operate
additional pretreatment units as needed to meet final effluent limitations.
D.) Description of IUP Discharge(s):
1. Describe the discharge(s) from all regulated pipes.
Pipe # 001 , Description of Discharge:
Combined Domestic and Non -Domestic Discharge Regulated by the Code
of Ordinance & The Approved Wastewater Pretreatment Program.
E.) Schematic and Monitoring Locations:
The facility schematic and description of monitoring location(s) given below must
show enough detail such that someone unfamiliar with the facility could readily find
and identify the monitoring Iocation(s) and connection to the sewer. Include and
identify all regulated pipes.

Q
z
0
a
au
n ii
Fes!
�2
h �
o o
CD
v,
v
o
o
Xnxno�
a) oro�
� � � p
�VUC7C7U
UUi.3i�L��iUU000
-0
v
-a
v
-6
v
-6
v
'C3
"O
-O
b
"o
"d
-a
-O
'"6
m
'rs
-O
"'O
v
a�
v
v
v
C7
v
v
v
v
v
v
v
in,
IYi
Q
Q
Q
Q
Q
Q
Q
Q
Q,
Q
Q,
Q
Q
Q
v
to
r.
VJ
=
_
N
N
��
1..i
Fr
y
Yn
.sy--��
it
�
S-i
s y,
7-r
�Ni
L.
N
'
N
ro2
�
�
o
w'
U
ro
�
o :
o
0ct
0
cz
0
o
cs
z Q
s
Cd
C
i
�.+
'y
u
�-•+
y.+
O
O
O
O
O
i.
O
it
O
L
O
L
O
O
O
O
O
�
N
N
p
N
rvi.
�aaaxaaaaaaa
G�
N
d
61
a:
N
v
G
Q
d
�
W
L
W
oO
El
v
wW
n
=
CA
nN
W.
0

Industrial User Pretreatment Permit IUP
PART I
Specific Conditions
G.) Definitions and Limit Page(s) notes:
In addition to the definitions in the City of Hendersonville Sewer Use Ordinance
the following definitions and requirements apply:
1. Composite Sample:
Unless defined differently below, a composite sample for the monitoring
requirements of this 1UP, is defined as the automatic or manual collection
of one grab sample of constant volume, not less than 100 mI, collected every
hour during the entire discharge period on the sampling day. Sampling day
shall be a typical production, and discharge day.
2. Composite Sample, alternative definition:
A composite sample for the monitoring requirements of this IUP is the same
as described above unless specifically defined below as the automatic or
manual collection of constant volume and constant time grab samples
collected and composited according to the following criteria:
specific volume of each grab sample = Milliliters
specific time interval between samples = Hours
total duration of sample collection period = Hours
Total number of grab samples to be composited = Samples
3. Daily Monitoring Frequency
Daily Monitoring Frequency as specified in this IUP shall mean each day
of discharge.
4. Grab Sample
Grab sample for the monitoring requirements of this IUP, is defined as a
single "dip and take" sample collected at a representative point in the
discharge stream.
5. Instantaneous measurement
An Instantaneous measurement for the monitoring requirements of this IUP
is defined as a single reading, observation, or measurement.

Industrial User Pretreatment Permit (IUP
PART It
General Conditions
Outline of PART II,
1.
Representative Sampling
16.
FederaI and/or State Laws
2.
Reporting
17.
Penalties
3.
Test Procedures
18.
Need to Halt or Reduce
4.
Additional Monitoring by
19.
Transferability
Permittee
5.
Duty to comply
20.
Property Rights
6.
Duty to Mitigate
21.
Severability
7.
Facilities Operation, Bypass
22.
Modification, Revocation,
Termination
8_
Removed substances
23.
Reapplication
9.
Upset Conditions
24,
Dilution Prohibition
10.
Right of Entry
25.
Reports of Changed Conditions
IL .
Availability of Records
26.
Constriction of pretreatment
facilities
12.
Duty to provide information
27.
Reopener
13.
Signatory Requirements
28.
Categorical Reopener
14.
Toxic Pollutants
29.
General Prohibitive Standards
15.
Civil and Criminal Liability
30.
Reports of Potential Problems
1. Representative Sampling
Samples and measurements taken as required herein shall be representative of the
volume and nature of the monitored discharge. 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
approval by, the permit issuing authority.
2. Reporting
a.) Monitoring results obtained by the permiace shall be reported on forms
specified by the Control Authority and/or Municipality, postmarked no later
than the Tenth day of the month following the month in which the samples
were taken. If no discharge occurs during a reporting period (herein defined
as each calendar month) in which a sampling event was to have occurred; a
form with the phrase "no discharge" shall be submitted. Copies of these and
all other reports required herein shall be submitted to the Control Authority
and/or Municipality and shall be sent to the following address:
Environmental Services Coordinator
City of Hendersonville Water and Sewer Department
305 Williams Street
Hendersonville, NC 28792
8

Industrial User Pretreatment Permit (IUP)
PART II
General Conditions
b_) If the sampling performed by the permittee indicates a violation, the permittee
shalt notify the Control Authority and/or Municipality within 24 hours of
becoming aware of the violation. The permittee shall also repeat the sampling
and analysis and submit the results of the repeat analysis to the Control
Authority and/or Municipality within 30 days after becoming aware of the
violation.
c.) If no self -monitoring is required by this IUP, and the sampling performed by
the Control Authority and/or Municipality indicates a violation, the Control
Authority and/or Municipality shall repeat the sampling and analysis and
receive the results of the repeat analysis within 30 days after becoming aware
of the violation.
3. Test Procedures
Test procedures for the analysis of pollutants shall be performed in accordance with
the techniques prescribed in 40 CFR part 136 and amendments thereto unless
specified otherwise in the monitoring conditions of this permit.
4. Additional Monitoring by Permittee
If the permittee monitors any pollutant at the location(s) designated herein more
frequently than required by this permit, using approved analytical methods as
specified above, the results of such monitoring shall be submitted to the Control
Authority and/or Municipality. The Control Authority and/or Municipality may
require more frequent monitoring or the monitoring of other pollutants not required
in this permit by written notification.
5. Duty to Comply
The permittee must comply with all conditions of this permit. Any permit
noncompliance constitutes a violation of the Control Authority and/or Municipality
Sewer Use Ordinance and is grounds for possible enforcement action.
6. Duty to Mitigate - Prevention. of Adverse Impact
The permittee shall take all reasonable steps to minimize or prevent any discharge
in violation of this permit which has a reasonable likelihood of adversely affecting
human health, the POTW, the waters receiving the POTW's discharge, or the
environment.
7. Facilities Operation, Bypass
The permittee shall at all times maintain in good working order and operate as
efficiently as possible, all control facilities or systems installed or used by the
permittee to achieve compliance with the terms and conditions of this permit.
Bypass of treatment facilities is prohibited except when approved in advance by the
Control Authority and/or Municipality. Bypass approval shall be given only when
such bypass is in compliance with 40 CFR 403.17.
9

Industrial User Pretreatment Permit IUP
PART II
General Conditions
S. Removed Substances
Solids, sludges, filter backwash, or other pollutants removed in the course of
treatment or control of wastewaters shall be disposed of in a manner such as to
prevent any pollutants from such materials from entering the sewer system. The
permittee is responsible for assuring its compliance with any requirements
regarding the generation, treatment, storage. and/or disposal of "Hazardous waste"
as defined under the Federal Resource Conservation and Recovery Act.
9. Upset Conditions
An "upset" means an exceptional incident in which there is an unintentional and
temporary noncompliance with categorical Pretreatment Standards because of
factors beyond the reasonable control of the permittee. An upset does not include
noncompliance to the extent caused by operational error; improperly designed or
inadequate treatment facilities, lack of preventative maintenance, or careless or
improper operations.
An upset may constitute an affirmative defense for action brought for the
noncompliance. The permittee has the burden of proof to provide evidence and
demonstrate that none of the factors specifically listed above were responsible for
the noncompliance.
10. Right of Entry
The permittee shall allow the staff of the State of North Carolina Department of
Environmental Quality, Division of Water Resources, the Regional Administrator
of the Environmental Protection Agency, the Control Authority and/or
Municipality, and/or their authorized representatives, upon the presentation of
credentials:
To enter upon the permittee's premises where a real or potential discharge
is located or in which records are required to be kept under the terms and
conditions of this permit; and
2. At reasonable times to have access to and copy records required to be kept
under the terms and conditions of this permit; to inspect any monitoring
equipment or monitoring method required in this permit; and to sample
any discharge of pollutants.
11. Availability of Records and Reports
The permittee shall retain records of all monitoring information, including all
calibration and maintenance records as well as copies of reports and information
used to complete the application for this permit for at least three years. All records
that pertain to matters that are subject to any type of enforcement action shall be
retained and preserved by the permittee until all enforcement activities have
concluded and all periods of limitation with respect to any and all appeals have
expired.
10

Industrial User Pretreatment Permit IUP
PART II
General Conditions
Except for data determined to be confidential under the Sewer Use Ordinance, all
reports prepared in accordance with terms of this permit shall be available for public
inspection at the Control Authority and/or Municipality. As required by the Sewer
Use Ordinance, effluent data shall not be considered confidential.
12. Duty to Provide Information
The permittee shall furnish to the Director of Public Works or his/her designees,
within a reasonable time, any information which the Director, his/her designee, or
the Division of Water Resources may request to determine whether cause exists for
modifying, revoking and reissuing, or terminating this permit or to determine
compliance with this permit. The pennittee shall also furnish, upon request, copies
of records required to be kept by this permit.
U. Signatory Requirements
All reports or information submitted pursuant to the requirements of this permit
must be signed and certified by the Authorized Representative as defined under the
Sewer Use Ordinance. If the designation of an Authorized Representative is no
longer accurate because a different individual or position has responsibility for the
overall operation of the facility, or overall responsibility for environmental matters
for the company, a new authorization satisfying the requirements of this section
must be submitted to Utilities Director prior to or together with any reports to be
signed by an authorized representative.
14. Toxic Pollutants
If a toxic effluent standard or prohibition (including any schedule of compliance
specified in such effluent standard or prohibition) is established under Section
307(a) of the Federal Clean Water Act for a toxic pollutant which is present in the
discharge and such standard or prohibition is more stringent than any limitation for
such pollutant in this permit, this permit may be revised or modified in accordance
with the toxic effluent standard or prohibition and the permittee so notified.
15. Civil and Criminal Liability
Nothing in this permit shall be construed to relieve the permittee from civil or
criminal penalties for noncompliance.
16. Federal and/or State Laws
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
established pursuant to any applicable Federal and/or State law or regulation.
17. Penalties
The Server Use Ordinance of the Control Authority and/or Municipality provides
that any person who violates a permit condition is subject to a civil penalty not to
exceed $25,000 dollars per day of such violation.

Industrial User Pretreatment Permit IUP)
PART II
General Conditions
Under state law, (NCGS 143-215.6B), under certain circumstances it is a crime to
violate terms, conditions, or requirements of pretreatment permits. It is a crime to
knowingly make 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. These
crimes are enforced at the prosecutorial discretion of the local District Attorney.
18. 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 to maintain compliance with
the conditions of the permit.
19. Transferability
This permit shall not be reassigned or transferred or sold to a new owner, new user,
different premises, or a new or changed operation without approval of the Town.
20. Property Rights
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.
21. Severability
The provisions of this permit are severable and, if any provision of this permit or
the application of any provision of this permit to any circumstance is held invalid,
the application of such provision to other circumstances and the remainder of this
permit shall not be affected thereby.
22. Permit Modification, Revocation, Termination
This permit may be modified, revoked and reissued or terminated with cause in
accordance to the requirements of the Control Authority and/or Municipality Sewer
Use Ordinance and North Carolina General Statute or implementing regulations.
23. Re -Application for Permit Renewal
The permittee is responsible for filing an application for reissuance of this permit
at least ISO days prior to its expiration date.
24. Dilution Prohibition
The permittee shall not increase the use of potable or process water or in any other
way attempt to dilute the discharge as a partial or complete substitute for adequate
treatment to achieve compliance with the limitations contained in this permit.
12

Industrial User Pretreatment Permit IUP
PART II
General Conditions
25. Reports of Changed Conditions
The permittee shall give notice to the Control Authority and/or Municipality of any
planned significant changes to the permittee's operations or system which might
alter the nature, quality, or volume of its wastewater at least 180 days before the
change. The permittee shall not begin the changes until receiving written approval
from the Control Authority and/or Municipality. Also see Part II, 30 below for
additional reporting requirements for spill/slug issues.
Significant changes may include but are not limited to
(a) increases or decreases to production;
(b) increases in discharge of previously reported pollutants;
(c) discharge of pollutants not previously reported to the Control Authority
and/or Municipality;
(d) new or changed product lines;
(e) new or changed manufacturing processes and/or chemicals; or
(f) new or changed customers.
26. Construction
No construction of pretreatment facilities or additions thereto shall be begun until
Final Plans and Specifications have been submitted to the Control Authority and/or
Municipality and written approval and an Authorization to Construct (A to C) have
been issued.
27. Reopener
The permit shall be modified or, alternatively, revoked and reissued to comply with
any applicable effluent standard or limitation for the control of any pollutant shown
to contribute to toxicity of the W WTP effluent or any pollutant that is otherwise
limited by the POTW discharge permit. The permit as modified or reissued under
this paragraph may also contain any other requirements of State or Federal
pretreatment regulations then applicable.
28. Categorical Reopener
This permit shall be modified, or alternatively, revoked and reissued, to comply
with any applicable effluent standard or limitation issued or approved under
Sections 302(b)(2)(C) and (D), 304(b)(2), and 307(a)(2) of the Clean Water Act, if
the effluent standard or limitation so issued or approved:
1.) contains different conditions or is otherwise more stringent than any
effluent limitation in this permit; or
2.) controls any pollutant not limited in this permit.
The permit as modified or reissued under this paragraph shall also contain any other
requirements of the Act then applicable.
13

Industrial User Pretreatment Permit IUP
PART II
General Conditions
29. General Prohibitive Standards
The permittee shall comply with the general prohibitive discharge standards in 40
CFR 403.5 (a) and (b) of the Federal pretreatment regulations.
30. Potential Problems
The permittee shall provide protection from accidental and slug discharges of
prohibited materials and other substances regulated by this permit. The permittee
shall also notify the POTW immediately of any changes at its facility affecting the
potential for spills and other accidental discharge, discharge of a non -routine,
episodic nature, a non -customary batch discharge, or a slug load as defined in the
Sewer Use Ordinance.
Additionally, the permittee shall notify by telephone the Control Authority and/or
Municipality immediately of all discharges that could cause problems to the POTW
including any slug loadings as defined in the Sewer Use Ordinance. if the permittee
experiences such a discharge, they shall inform the Control Authority and/or
Municipality immediately upon the first awareness of the commencement of the
discharge. Notification shall include location of the discharge, type of waste,
concentration and volume if known and corrective actions taken by the permittee.
A written follow-up report thereof shall be filed by the permittee within five (5)
days, unless waived by the Control Authority and/or Municipality.
14

Industrial User Pretreatment Permit (IUP)
PART III
Special Conditions
1. Slug/Spill Control Measures
The permittee shall provide protection from accidental and slug discharges of
prohibited materials and other substances regulated by this permit. The permittee
shall submit a new or updated written slug/spill control plan and submit it to the
Control Authority on or before February 1, 2019 for the approval by the Control
Authority. The plan shall include, but is not limited to:
1. Description of discharge practices, including non -routine batch discharges
2. Description of stored chemicals
3. Procedures for immediately notifying the POTW of slug discharges that
would cause a violation of 40 CFR 403.5(b), with procedures for follow up
notification within 5 days;
4. and if necessary, procedures to prevent adverse impact from accidental
spills, including inspection and maintenance of storage areas, handling and
transfer of materials, loading and unloading operations, control of plant site
run-off, worker training, building of containment structures or equipment,
measures for containing toxic organic pollutants (including solvents),
and/or measures and equipment for emergency response.
2. Sludge Management Plan
Ninety days prior to the initial disposal of sludge generated by any pretreatment
facility, the permittee shall submit a sludge management plan to the Control
Authority.
3. Flow Measurement Requirements
Facility discharge will be based on water consumption. If this permit is modified
to include discharge flow measurement, the permittee shall maintain appropriate
discharge flow measurement devices and methods consistent with approved
scientific practices to ensure the accuracy and reliability of measurements of the
volume of monitored discharges. Devices installed shall be a continuous recording
flow meter capable of measuring flows with a maximum deviation of less than 10%
from true discharge rates throughout the range of expected discharge volumes. The
devices shall be installed, calibrated, and maintained to ensure accuracy.
Modifications to the flow metering equipment shall be approved by the Control
Authority prior to installation. If a required flow measurement device fails, the
Control Authority shall be notified within 24 hours.
At the time of issuance of the permit, this method consists of using the incoming
municipal water supply flow totalizer, which is maintained and calibrated annually
by the City of Hendersonville Water and Sewer Department.
15

Industrial User Pretreatment Permit UP
PART III
Special Conditions
4. Certified Laboratory Analysis
Pollutant analysis shall be performed by a North Carolina Division of Water
Resources Certified Laboratory that is certified in the analysis of the pollutant in
wastewater.
5. Total Toxic Organics (TTO) Definition
"TTO", or Total Toxic Organics, is the sum of the concentrations of the toxic
organic compounds listed in 40 CFR 433.11 (e) that are found in the permittee's
process discharge at a concentration greater than 0.01 mg/l.
6. Combined Wastestream Formula Flow Condition
Not Applicable.
7. High Strength Discharge
Based on current applicable rates and subject to change by action of City Council.
8. Surcharge Imposed
Wherein the loading of BOD anal/or TSS in the wastewater discharged from pipe
001 to the POTW exceeds the General Discharge Limitations of 250 mg/l as
prescribed in the Code of Ordinances or NH3/N is exceeded by more than 30
mg/l, a Surcharge shall be imposed. The Surcharge is in addition to the existing
regular wastewater service charges. Surcharges are billed and payable monthly.
The surcharge formula is as follows:
S=Vx0.00834xa(BOD -250)+b(TSS-250)+c(NH3/N-30)
S = Surcharge in dollars monthly
V = Sewage volume in thousand gallons (monthly)
0.00834 = Conversion factor for gallons to pounds
a = Unit charge for BOD in dollars per pound
BOD = Five-day BOD strength in milligrams per liter by weight
250 = Allowed BOD strength in milligrams per liter by weight
b = Unit charge for suspended solids in dollars per pound
TSS = Total suspended solids strength index in milligrams per liter by
weight
250 = Allowed total suspended solids strength in milligrams per liter by
weight.
c = Unit charge for NH3/N in dollars per pound
NH3/N = Ammonia Nitrogen strength index in milligrams per liter by weight
30 = Allowed total suspended solids strength in milligrams per liter by
weight.
The value used for BOD TSS and NH3/N each month for computing surcharges
16

Industrial User Pretreatment Permit UP
PART III
Special Conditions
shall be the average of the last seven (7) values of record. These values shall
include those generated by the City and those generated by the industry as part of
their self -monitoring program.
9. Recovery of Costs Incurred
In addition to civil and criminal liability, the permittee violating any of the
provisions of this Permit or any provisions of the Code of Ordinance for the City
of Hendersonville or causing damage to or otherwise inhibiting the POTW
wastewater disposal system shall be liable to the City for any expense, loss, or
damage caused by such violation or discharge. The City may bill the permittee for
the costs incurred by the City for any cleaning, repair, or replacement work caused
by the violation or discharge. Refusal to pay the assessed costs shall constitute a
separate violation of the Code.
10. Other Fees and Charges
In order to provide for the recovery of costs incurred by the Control Authority, the
applicable charges and fees will be billed to the permittee. These fees and
charges will be in addition to the regular System Development Charge, sewer user
fees and surcharges (if applicable). The fees and charges are as outlined in
Article V of the City's Utility Ordinance and include but are not limited to the
following:
1. Fees for setting up and operating the City's pretreatment program.
2. Fees for monitoring, inspections, and surveillance.
3. Fees for chemical analysis.
11. Hazardous Waste Disposal
Any hazardous waste generated from this facility shall be managed in compliance
with all applicable laws.
12. Local Standard Reopener
When the concentration of any pollutant listed in Article V of the City's Utility
Ordinance exceeds the limitations established under Article V, the Permit may be
modified, or alternatively, revoked and reissued; in order to include a limitation
for the parameter that exceeds the limit.
13. Toxicity Reopener
This Permit may be modified or alternatively revoked and reissued to include
limitations on additional pollutants or more stringent limitations than those
established in Part I (F) of this Permit if the results of the POTW wastewater
treatment plant's toxicity sampling and/or toxicity reduction evaluations indicate
that the permittee's discharge is causing or contributing to whole effluent toxicity
at the POTW.
17

Industrial User Pretreatment Permit IUP
PART III
Special Conditions
14. Emergency Contingency Plan
Plan submitted with discharge application
The POTW shall be listed along with any other agencies to be contacted in case of
accidental spills and shall be posted in conspicuous locations in the permittee's
facility.
15. Procedures for The Formulation of Final Determinations
a. Action on Permit Applications
The Director shall take action on all applications by either issuing a
preliminary Permit or by denying the discharge not later than 90 days
following the receipt of a complete application. The Director shall transmit a
copy of the fact sheet and the preliminary Permit to the Applicant for review.
If, following a 30-day period, no objection has been made by the applicant the
preliminary Permit shall become final and binding.
b. Notification of Applicants
The Director shall notify an applicant of the final decision of the applicant's
Permit application. Notifications of denial shall specify the reasons therefore
and the proposed changes which in the opinion of the Director will be required
to obtain the Permit.
c. Adjudicatory Hearings
An applicant whose Permit is denied, or is granted subject to conditions he
deems unacceptable, shall have the right to an adjudicatory hearing before the
Director, or a hearing officer designated by the Director, upon making written
demand to the Director identifying the specific issues to be contended within
30 days following receipt of the notice of final decision to deny or grant the
Permit. Unless such demand is made, the decision on the application shall be
final and binding.
d. Appeal Hearings
(i) Any decision made as a result of an adj udicatory hearing held under Section 8,
C. maybe appealed by any party, to the City Council upon filing a written demand
within 10 days of receipt of notice of the decision.
(ii) Any party against whom the final decision of the City Council is entered,
subject to the hearing procedure above, may appeal the decision within 30 days
after receipt of the decision notice to the Superior Court of Henderson County.
18