General Permit NCG580000

General Permit NCG580000
STATE OF NORTH CAROLINA
DEPARTMENT OF ENVIRONMENTAL QUALITY
DIVISION OF WATER RESOURCES
GENERAL PERMIT NCG580000
TO DISCHARGE RECLAIMED WATER
FROM CONJUNCTIVE USE RECLAIMED WATER SYSTEMS
UNDER THE
NATIONAL POLLUTANT DISCHARGE E40,IWNATION SYSTEM
N( PDES)
In compliance with the provisions of North Cara General Statute 143-215.1, other lawful standards
and regulations promulgated and adopted by th orth Carolina -Environmental Management
Commission, and the Federal Water Pollution Cont
ct, asemended, this permit is hereby issued to
all those who store reclaimed water fro njunse reclaimed water system, and/or irrigate
using reclaimed water from a conjunc ve u reclwater system, hereafter Permittees, to allow
the de minimus discharge of reclaimed wate unctive usereclaimed water system to waters
of the State in accordance with the conditions set f h in this permit.
r�
This permit becomes effective on
This permit and the authorizatio discharge expire at midnight, July 31, 2028.
Signed this day
Michael J. Montebello, NPDES Permitting Branch Chief
Division of Water Resources
By Authority of the Environmental Management Commission
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General Permit NCG580000
PART I.
Section A. Activities Covered Under This Permit
This permit is available to Permitted reclaimed water users who discharge to waters of the State as a
result of activities related to the utilization - storage and/or irrigation - of reclaimed water, limited to
the following:
1. Discharges from reclaimed water storage ponds resulting from rainfall or other storm events.
2. Overspray or runoff of reclaimed water, provided that the volume is <10% of the total volume of
reclaimed water use, or 5,000 gallons per day, whichever is less.
Coverage under this permit for discharges from reclaimed water storage ponds shall only occur where
no viable alternative exists and measures are taken to reduce the riskAf overflow.
Coverage under this permit is predicated by the Permittee's
rules and regulations governing the utilization of reclaimed
permit issued regulating the Permittee's utilization of recId
Discharges covered under this permit shall not result
Section B. Activities Not Covered Under
Direct, intentional, or negligent
Section C. Operation and Maintenance
water.
with all applicable statutes,
a terms and conditions of any
of surface water standards.
waters of the State.
1. A protective vegetative cpver, or e valent, shall be established and maintained on all earthen
embankments, berms pipe runs, eros control areas, and surface water diversions and
conveyances associated with reclaimed ater storage pond outlets to minimize erosion resulting
from reclaimed water discharges.
2. The Permittee must maintai pliance with all applicable rules contained in 15A NCAC
Subchapter 02U — Reclaimed Water.
3. The Permittee shall visually inspect sprinkler/spray heads to ensure they cause no direct discharge
to waters of the state.
4. No addition of reclaimed water to storage ponds may occur during, or immediately preceding,
rainfall events.
Section D. Monitoring and Reporting Requirements
The Permittee shall conduct visual spot checks of any discharge from a reclaimed water storage
pond to assess if adverse impacts to the waters are occurring and maintain records of any corrective
action performed to mitigate observed impacts.
2. The Division may request additional sampling of the discharge or receiving stream.
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General Permit NCG580000
PART II.
STANDARD CONDITIONS FOR NPDES PERMITS
Section A. Definitions
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.
DWR or "the Division"
The Division of Water Resources, Department of Environmental Quality.
EMC
The North Carolina Environmental Management Commission.
EPA
The United States Environmental Protection Agency.
Facility Closure IV
Cessation of all activities that require coverage under this NPD ermit. Ntion of facility closure will
allow this permit to be rescinded.
Permit Issuing Authority
The Director of the Division of Water Resources.
Upset
An incident beyond the reasonable control of the Pe ausing unintentional and temporary noncompliance
with permit effluent limitations and/or r4itoring requirements. An upset does not include noncompliance
caused by operational error, improper esigned treatment facilities, inadequate treatment facilities, lack of
preventive maintenance, or careless or improper operation
Section B. General Con
,aer
1. Duty to Comply
The Permittee must coNis
nditions of this permit. Any permit noncompliance constitutes a
violation of the CWA for enforcement action; for permit termination, revocation and
reissuance, or modificial 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)].
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General Permit NCG580000
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 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 i a permit issued under Section 402
of the Act, and who knows at that time that he thereby places ano e person in imminent danger of
death or serious bodily injury, shall, upon conviction, be subje o a fine of not more than $250,000 or
imprisonment of not more than 15 years, or both. In the cas a second or subsequent conviction for a
knowing endangerment violation, a person shall be sub je,�to a fine of not more than $500,000 or by
imprisonment of not more than 30 years, or both. An qffnization, as deed in Section
309(c)(3)(B)(iii) of the CWA, shall, upon convicti4 of violating the imm nent 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 an $25,000 p�iolation may be assessed against any
person who violates or fails to act in accordance wit�Ohe toms, conditions, or requirements of a permit
[North Carolina General Statutes § 15.6(
g. Any person may be assessed an adminis tive lty by the Administrator for violating Section 301,
302, 306, 307, 308, 318 or 405 of this A ermit condition or limitation implementing any of
such Sections in a permit issued under Sectio 2 of this Act. Administrative penalties for Class I
violations are not to e ed $16,000 per violation, with the maximum amount of any Class I penalty
assessed not to exce37,500. Penalties for Class 11 violations are not to exceed $16,000 per day for
each day during whi h the violation continues, with the maximum amount of any Class II penalty not to
exceed $177,500. [ C 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
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.
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General Permit NCG580000
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.
7. Severability
The provisions of this permit are severable. If any provision of thi permit, or the application of any
provision of this permit to any circumstances, is held invalid, tl>spplication of such provision to other
circumstances, and the remainder of this permit, shall not be ected therlly [NCGS 150B-23].
8. Duty to Provide Information
The Permittee shall furnish to the Permit Issuing Author y, within a reasonable time, any information which
the Permit Issuing Authority may request to determine whettcause exists for modifying, revoking and
reissuing, or terminating this permit or to determine complian with this permit. The Permittee shall also
furnish to the Permit Issuing Authority upon req t, co reArds required by this permit [40 CFR
122.41(h)].
9. Duty to Reapply
If the Permittee wishes to continuN an activity regula� 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.
The Permittee is not authorized to di arge after the expiration date. In order to receive automatic
authorization to discharge beyond th xpiration date, the Permittee shall submit such information, forms,
and fees as are required by kgjeo authorized to issue permits no later than 180 days prior to the
expiration date. Any Pei ittelVlFhas 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
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General Permit NCG580000
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) of this Section 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 positi of plant manager, operator of a
well or well field, superintendent, a position of equivalent r nsibility, or an individual or position
having overall responsibility for environmental matters f company. (A duly authorized
representative may thus be either a named individual Q y individual occupying a named
position.); and
(3) The written authorization is submitted to the Pcit IssumV Authorit*40 CFR 122.22].
c. Changes to authorization: If an authorization under paragraph (b) of this Section is no longer accurate
because a different individual or position ha esponsibility for the overall operation of the facility, a
new authorization satisfying the requireme o paragraph*of this Section must be submitted to the
Director prior to or together with any reports ' to applications to be signed by an authorized
representative [40 CFR 122.22].
d. Certification: Any person sigm doc ent u r paragraphs (a) or (b) of this Section shall make the
following certification [40 C 122.2 T R STATEMENTS OF CERTIFICATION WILL
BE ACCEPTED:
"I certiy, under an�
��-Nco
at ocument and all attachments were prepared under my
direction or supon ance ath a system designed to assure that qualified personnel
properly gather luate the formation submitted. Based on my inquiry of the person or persons
who manage the syste tho ersons directly responsible for gathering the information, the
information submitted is, est 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. "
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(Q.
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 2H .0100; and North Carolina General Statute 143-215.1 et. al.
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General Permit NCG580000
Section C. Operation and Maintenance of Pollution Controls
1. Proper Operation and Maintenance
The Permittee shall at all times provide the operation and maintenance resources necessary to operate the
existing facilities at optimum efficiency. 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)].
2. 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)].
Section D. Monitoring and Records
1. Inspection and Entry
The Permittee shall allow the Director, or an authorized
acting as a representative of the Director), upon the pres
be required by law, to: 4
a. Enter upon the Permittee's premises where a
where records must be kept under the condiL1
b. Have access to and copy, at reasonable
permit;
c. Inspect at reasonable times any ME]
practices, or operations regul4tr.,d or
this
an authorized contractor
1 other documents as may
or activity is located or conducted, or
must be kept under the conditions of this
(including monitoring and control equipment),
1is permit; and
d. Sample or monitor at reasonabl , for the purposes of assuring permit compliance or as otherwise
authorized by the C, any subs or parameters at any location [40 CFR 122.41(i)].
Section E. Reporting Requirements
1. Change in Discharge
All discharges authorizeNherel /alle 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).
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General Permit NCG580000
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. Transfers
This permit is not transferable to any person without approval from the Director. The Director may require
modification or revocation and reissuance of the permit to document the change of ownership. Any such
action may incorporate other requirements as may be necessary under the CWA [40 CFR 122.41(1)(3)].
4. Twenty-four Hour Reporting
5.
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 become re of the circumstances. The
written submission shall contain a description of the noncompliaw, 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 take or planne o reduce, eliminate, and prevent
reoccurrence of the noncompliance [40 CFR 122.41(1)
b. The Director may waive the written report on a ca -case sis for rep rts under this Section if the
oral report has been received within 24 hours.
c. Occurrences outside normal business hours also be rted to the Division of Emergency
Management personnel at [phone] -33
Other Information goh"
Where the Permittee becomes aware tit failed to submit any relevant facts in a permit application, or
submitted incorrect information i permit applicatio4or in any report to the Director, it shall promptly
submit such facts or information FR 122.41(1)(8)].
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