HomeMy WebLinkAboutNC0027197_Draft Permit_20240206ROY COOPER
Governor
ELIZABETH S. BISER
Secretary
RICHARD E. ROGERS, JR.
Dfrector
Rick Howell, City Manager
City of Shelby
PO Box 207
Shelby, NC 28151
Dear Mr. Howell:
NORTH CAROLINA
Environmental Quality
February 6, 2024
Subject: Draft NPDES Permit NCO027197
Shelby WTP
Grade I Physical Chemical WPCS
Cleveland County
Attached with this letter is a copy of the Draft NPDES permit renewal for your facility. Please review
this draft carefully to ensure thorough understanding of the requirements and conditions it contains. We
understand from your renewal application that there have been no major treatment system changes.
Previous correspondence indicated one chemical change from copper sulfate to phycomycin SCP (to
address copper issues). There are a few changes in the draft attached here from the existing permit.
These changes are summarized below.
• Regulatory Citations - Language has been added where necessary in the permit to provide regulatory
citations for permit requirements.
• Electronic Reporting - Permit language has been modified to be consistent with the finalization of
federal requirements for electronic reporting.
• Language on the Supplement to Permit Cover Sheet has been updated. This includes modification of
the treatment system components to include maximum average monthly discharge of 0.214 MGD and
the use of phycomycin SCP in the place of copper sulfate.
• Total Copper - Your previous permit set permit limits for copper. The Reasonable Potential Analysis
(RPA) using data from the last three years continues to show reasonable potential for discharge to
result in potential water quality impacts. Your previous permit set a five-year compliance schedule
with the limits becoming effective November 1, 2026. The compliance schedule in Section A.(3.) has
been updated.
• Turbidity — The receiving stream was declassified as impaired for this parameter in 2020. The limit
has been removed but monitoring is still required.
• Map Update — The permit map and descriptive information on the permit map have been updated.
• Permit Expiration — Date has been changed to March 31, 2029, to allow for a nearly full permit term.
The NPDES standard conditions (Parts II, III, and IV) that are a part of the permit are not included in this
draft document (cover, map, and Part I). The conditions are the same as in your current permit. The latest
version of the standard conditions is available at https://bit.ly/3k5NFaL and can be viewed online or
downloaded as a PDF file.
North Carolina Department of Environmental Quality I Division of Water Resources
512 North Salisbury Street 1 1617 Mail Service Center I Raleigh, North Carolina 27699-1617
NORTH WOONA
DeFa nemnlEnvi---i0- 919.707.9000
Rick Howell
City of Shelby WTP Draft Renewal
Page 2
Concurrent with this notification the Division is publishing a notice in a newspaper having general
circulation in the Cleveland County area soliciting public comments on this draft permit.
Please provide any written comments you may have to me no later than 30 days after receipt of this
draft permit.
Following the 30-day public comment period, the Division will review all pertinent comments and take
appropriate action prior to issuing a final permit. If you have questions concerning this draft permit,
please contact me by email at bradley.bennett@deq.nc.gov. At this time, contact by email is the most
effective method. If we need to set up a call to discuss any issues, we can set that up through email.
Sincerely,
Z- I IN I "WI/
Bradley Bennett
Compliance and Expedited Permitting Unit
cc: Brian Wilson, City of Shelby Water Resources Operation Manager
NPDES Files - electronic
Mooresville Regional Office / Water Quality — electronic
Operator Certification Program/Jeffrey Talbott — electronic
Aquatic Toxicology / Cindy Moore and Molly Nicholson - Electronic
Draft Permit NCO027197
STATE OF NORTH CAROLINA
DEPARTMENT OF ENVIRONMENTAL QUALITY
DIVISION OF WATER RESOURCES
PERMIT
TO DISCHARGE WASTEWATER UNDER THE
NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM
NPDES
In compliance with the provision of North Carolina General Statute 143-215.1, other lawful
standards and regulations promulgated and adopted by the North Carolina Environmental
Management Commission, and the Federal Water Pollution Control Act, as amended, the
City of Shelby
is hereby authorized to discharge wastewater from a facility located at the
Shelby WTP
801 West Grover Street
Shelby
Cleveland County
to receiving waters designated as an unnamed tributary to the First Broad River in the Broad River
Basin, in accordance with effluent limitations, monitoring requirements, and other applicable
conditions set forth in Parts I, II, III and IV hereof.
This permit shall become effective
This permit and authorization to discharge shall expire at midnight on March 31, 2029.
If the permittee intends to continue discharging at the facility beyond the term of this permit, a renewal
application must be submitted no later than October 2, 2028 (180 days before the expiration of this permit)
Signed this day
John Hennessy
Division of Water Resources
By Authority of the Environmental Management Commission
Page 1 of 9
Draft Permit NCO027197
SUPPLEMENT TO PERMIT COVER SHEET
All previous NPDES Permits issued to this facility, whether for operation or discharge are hereby
revoked. As of this permit issuance, any previously issued permit bearing this number is no longer
effective. Therefore, the exclusive authority to operate and discharge from this facility arises under
the permit conditions, requirements, terms, and provisions included herein.
The City of Shelby
is hereby authorized to:
1. Continue to operate a conventional water treatment plant with a discharge of wastewaters from
multi -media filter backwash, wash down, sedimentation basins, and stormwater. This water
treatment plant currently has a design potable flowrate of 12 MGD and a maximum monthly
average wastewater discharge of approximately 0.214 MGD. This facility is located at 801 West
Grover Street, Shelby in Cleveland County. Water and wastewater treatment consists of,
• Mixer
• Twelve (12) flocculators
• Ten (10) settling basins
• Eight (8) multi -media filters
• Two (2) 0.75 MG residual settling lagoons
• Dechlorination
• Effluent meter
Chemical Usage Consists of: Phycomycin SCP and Oxidizer, Alum, Caustic, Carbon,
Chlorine, Fluoride, Sodium Thiosulfate, Polyphosphate Corrosion Inhibitor.
2. Discharge from said treatment works at the location specified on the attached map into an
unnamed tributary of the First Broad River [Stream Segment: 9-50-(28)], a waterbody currently
classified C waters in subbasin 03-08-04 [HUC: 030501050702] in the Broad River Basin.
Page 2 of 9
Draft Permit NCO027197
PART I.
A. (1) EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS
[15A NCAC 02B .0400 et seq., 02B .0500 et seq.]
Grade I Physical Chemical WPCS [15A NCAC 08G .0306]
During the period beginning on the effective date of this permit and lasting until expiration, the
Permittee is authorized to discharge wastewaters from filter backwash, settling basins, and
stormwater from Outfall 001. Such discharges shall be limited and monitored' by the Permittee as
specified below:
EFFLUENT CHARACTERISTICS
eDMR Code
LIMITS
MONITORING REQUIREMENTS
Monthly
Average
Daily
Maximum
Measurement
Frequency
Sample
Type
Sample
Location
Flow MGD 50050
Once per Discharge
Instantaneous
Effluent
Duration of Discharge (Hours) 81381
Once per Discharge
Recorder
Effluent
Total Suspended Solids C0530
30 m /L
45 m /L
2/Month
Grab
Effluent
H 00400
Not < 6.0 s.u. nor > 9.0 s.u.
2/Month
Grab
Effluent
Total Residual Chlorine 2 50060
17 p /L
2/Month
Grab
Effluent
Turbidity 00070
2/Month
Grab
Effluent
Total Copper 3 01042
7.88 /L
10.47 /L
Monthly
Grab
Effluent
Aluminum /L 01105
Quarterly
Grab
Effluent
Total Fluoride /L 00951
Quarterly
Grab
Effluent
Hardness — Total as a 00900
CaCO3 or Ca + M m /L
Monitor & Report
Quarterly
Grab
Effluent
Hardness — Total as s 00900
CaCO3 or Ca + M m /L
Monitor & Report
Quarterly
Grab
Upstream
Total Nitrogen m /L C0600
Monitor & Report
Quarterly
Grab
Effluent
Total Phosphorus m /L C0665
Monitor & Report
Quarterly
Grab
Effluent
Chronic Toxicit s TGP3B
Monitor & Report
Quarterly
Grab
Effluent
Footnotes:
l . The permittee shall submit discharge monitoring reports electronically using the NC DWR's eDMR application
system [see Section A. (4)].
2. The Division shall consider all effluent TRC values reported below 50 ug/L to be in compliance with the permit.
However, the Permittee shall continue to record and submit all values reported by a North Carolina certified
laboratory (including field certified), even if these values fall below 50 ug/L.
3. See Section A. (3) for compliance schedule.
4. Effluent hardness sampling should be performed in conjunction with testing for hardness dependent metals (copper).
5. The Permittee shall sample instream hardness, upstream of the facility's discharge. The sample shall be
representative of the hardness in the receiving stream. If the Permittee is a member of the Monitoring Coalition
Program, sampling for instream hardness may be waived as long as the Monitoring coalition agrees to sample
hardness at the nearest upstream location, at a minimum frequency of quarterly, and the Permittee has obtained
approval from DWR-NPDES Permitting Unit that the upstream station being monitored by the Coalition is
representative of the receiving stream for this discharge. The Permittee is responsible for submitting instream
hardness test results with its permit renewal application package. If Coalition membership is cancelled or the
Coalition terminates instream hardness sampling at the approved station, the Permittee will immediately notify the
Division and resume sampling for instream hardness, upstream of its discharge.
6. Chronic Toxicity (Ceriodaphnia dubia) at 90% conducted in January, April, July and October [see Section A.
(2)]
All samples collected should be from a representative discharge event.
There shall be no discharge of floating solids or visible foam in other than trace amounts.
Page 3 of 9
Draft Permit NCO027197
A. (2) CHRONIC TOXICITY PASS/FAIL MONITORING (QUARTERLY)
[15A NCAC 02B .0200 et seq.] [15A NCAC 02B .0500 et seq.]
The permittee shall conduct quarterly chronic toxicity tests using test procedures outlined in the
"North Carolina Ceriodaphnia Chronic Effluent Bioassay Procedure," (Revised December 2010, or
subsequent versions).
The effluent concentration defined as treatment two in the procedure document is 90%. The testing
shall be performed as a Ceriodaphnia dubia 7-day pass/fail test. 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.
All toxicity testing results required as part of this permit condition will be entered electronically
using the Division's eDMR system for the month in which it was performed, using the parameter
code TGP3B. Additionally, DWR Form AT-1 (original) is to be sent to the following address:
North Carolina Division of Water Resources
Water Sciences Section/Aquatic Toxicology Branch
1621 Mail Service Center
Raleigh, NC 27699-1621
Or, results can be sent to the email, ATForms.ATB(�),deq.nc.gov.
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.
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, then
monthly monitoring will begin immediately. Upon submission of a valid test, this monthly test
requirement will revert to quarterly in the months specified above.
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.
Page 4 of 9
Draft Permit NCO027197
NOTE: Failure to achieve test conditions as specified in the cited document, such as minimum
control organism survival, minimum control organism reproduction, and appropriate environmental
controls, shall constitute an invalid test and will require immediate follow-up testing to be
completed no later than the last day of the month following the month of the initial monitoring.
A. (3) SCHEDULE OF COMPLIANCE (OUTFALL 001)
[G. S. 143-215.1(b)]
1. Within one year from the effective date of the permit the Permittee shall submit to the Division
of Water Resources a Corrective Action Plan summarizing the actions or strategy to be taken to
achieve compliance with the Total Copper limits at Outfall 001. Specific dates for completion or
implementation of each action shall be included.
2. Within two years from the effective date of the permit submit a report to the Division
summarizing actions taken in accordance with the Corrective Action Plan.
3. Achieve compliance with Total Copper limits specified in Section A. (1) by November 1, 2026.
Upon approval of the Corrective Action Plan by the Division, the report and actions become an
enforceable part of this permit. Any modifications to the schedule shall be requested to the Division
at least ninety (90) days before the deadline. Modifications to the schedule in excess of four months
will be subject to public notice.
The Corrective Action Plan and reports shall include the owner's name, NPDES permit number and
Permittee contact person, and shall be submitted to:
(1) NCDEQ / Division of Water Resources (2) NCDEQ / Division of Water Resources
NPDES Compliance and Expedited Permitting Mooresville Regional Office
1617 Mail Service Center 610 East Center Avenue, Suite 301
Raleigh, NC 27699-1617 Mooresville, NC 28115
A. (4) ELECTRONIC REPORTING - 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
Page 5 of 9
Draft Permit NC0027197
1. Reporting Requirements [Supersedes Section D. (2.) and Section E. (5.) (a)]
The permittee shall report discharge monitoring data electronically using the NC DWR's
Electronic Discharge Monitoring Report (eDMR) internet application.
Monitoring results obtained during the previous month(s) shall be summarized for each month
and submitted electronically using eDMR. The eDMR system allows permitted facilities to
enter monitoring data and submit DMRs electronically using the internet. The eDMR system
may be accessed at: hlWs:Hdeq.nc.gov/about/divisions/water-resources/edmr.
If a permittee is unable to use the eDMR system due to a demonstrated hardship or due to the
facility being physically located in an area where less than 10 percent of the households have
broadband access, then a temporary waiver from the NPDES electronic reporting requirements
may be granted and discharge monitoring data may be submitted on paper DMR forms (MR 1,
1. 1, 2, 3) or alternative forms approved by the Director. Duplicate signed copies shall be
submitted to the following address:
NC DEQ / Division of Water Resources / Water Quality Permitting Section
ATTENTION: Central Files
1617 Mail Service Center
Raleigh, North Carolina 27699-1617
See "How to Request a Waiver from Electronic Reporting" section below.
Monitoring results obtained during the previous month(s) shall be summarized for each month
and reported via the eDMR system no later than the last calendar day of the month following the
completed reporting period. Regardless of the submission method, the first DMR is due on the
last day of the month following the issuance of the permit or in the case of a new facility, on the
last day of the month following the commencement of discharge.
Starting on December 21, 2025, the permittee must electronically report the following
compliance monitoring data and reports, when applicable:
Sewer Overflow/Bypass Event Reports;
Pretreatment Program Annual Reports; and
Clean Water Act (CWA) Section 316(b) Annual Reports.
The permittee may seek an electronic reporting waiver from the Division (see "How to Request
a Waiver from Electronic Reporting" section below).
2. Electronic Submissions
In accordance with 40 CFR 122.41(1)(9), the permittee must identify the initial recipient at the
time of each electronic submission. The permittee should use the EPA's website resources to
identify the initial recipient for the electronic submission.
Page 6 of 9
Draft Permit NC0027197
Initial recipient of electronic NPDES information from NPDES-regulated facilities means the
entity (EPA or the state authorized by EPA to implement the NPDES program) that is the
designated entity for receiving electronic NPDES data [see 40 CFR 127.2(b)].
EPA plans to establish a website that will also link to the appropriate electronic reporting tool
for each type of electronic submission and for each state. Instructions on how to access and use
the appropriate electronic reporting tool will be available as well. Information on EPA's
NPDES Electronic Reporting Rule is found at:
https://www.federalre_i_ sg_ter.gov/documents/2015/10/22/2015-24954/national-pollutant-
discharge-elimination-system-npdes-electronic-reporting-rule
Electronic submissions must start by the dates listed in the "Reporting Requirements" section
above.
3. How to Request a Waiver from Electronic Reporting
The permittee may seek a temporary electronic reporting waiver from the Division. To obtain
an electronic reporting waiver, a permittee must first submit an electronic reporting waiver
request to the Division. Requests for temporary electronic reporting waivers must be submitted
in writing to the Division for written approval at least sixty (60) days prior to the date the
facility would be required under this permit to begin submitting monitoring data and reports.
The duration of a temporary waiver shall not exceed 5 years and shall thereupon expire. At
such time, monitoring data and reports shall be submitted electronically to the Division unless
the permittee re -applies for and is granted a new temporary electronic reporting waiver by the
Division. Approved electronic reporting waivers are not transferrable. Only permittees with an
approved reporting waiver request may submit monitoring data and reports on paper to the
Division for the period that the approved reporting waiver request is effective.
Information on eDMR and the application for a temporary electronic reporting waiver are found
on the following web page:
hqp://deq.nc.gov/about/divisions/water-resources/edmr
4. Signatory Requirements [Supplements Section B. (11.) (b) and Supersedes Section B. (11.)
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. (I 1.)(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:
hLp:Hdeq.nc.gov/about/divisions/water-resources/edmr
Page 7 of 9
Draft Permit NC0027197
Certification. Any person submitting an electronic DMR using the state's eDMR system shall
make the following certification [40 CFR 122.22]. NO OTHER STATEMENTS OF
CERTIFICATION WILL BE ACCEPTED:
"I certify, under penalty of law, that this document and all attachments were prepared under my
direction or supervision in accordance with a system designed to assure that qualified personnel
properly gather and evaluate the information submitted. Based on my inquiry of the person or
persons who manage the system, or those persons directly responsible for gathering the
information, the information submitted is, to the best of my knowledge and belief, true, accurate,
and complete. I am aware that there are significant penalties for submitting false information,
including the possibility of fines and imprisonment for knowing violations. "
5. Records Retention [Supplements Section D. (6.)]
The permittee shall retain records of all Discharge Monitoring Reports, including eDMR
submissions. These records or copies shall be maintained for a period of at least 3 years from
the date of the report. This period may be extended by request of the Director at any time [40
CFR 122.41].
a
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Page 8 of 9
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Shelby WTP
Receiving Stream:
UT to First Broad River Stream Class: C
River Basin:
Broad Sub -Basin: 03-08-04
Outfall Latitude:
35' 18' 06" Outfall Longitude: 81' 33' 36"
Stream Segment
9-50-(28) HUC#: 030501050702
Grid/Quad:
F12SE / Shelby County: Cleveland
Facility
Location
(not to scale)
Vorth NPDES Permit NCO027197
Page 9 of 9