NC0024911_Milkco Pretreatment_IUP_Modification_20240730

THE METROPOLITAN SEWERAGE DISTRICT
OF
BUNCOMBE COUNTY,NORTH CAROLINA
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PERMIT TO DISCHARGE INDUSTRIAL WASTE
FOR
SIGNIFICANT INDUSTRIAL USER
Permit No.S-036-22 40 CFR Category: N/A
In accordance with all terms and conditions of the Sewer Use Ordinance (SUO) of the District Board
of the Metropolitan Sewerage District of Buncombe County, North Carolina (MSD), NPDES Permit
No. NCO024911 for the operation of the Metropolitan Wastewater Treatment Plant by MSD, North
Carolina General Statute 143-215.1, and other lawful standards and regulations promulgated and
adopted by the North Carolina Environmental Management Commission and the District Board of
the Metropolitan Sewerage District of Buncombe County, North Carolina:
PERMISSION IS HEREBY GRANTED TO:
Milkco,Inc.
220 Deaverview Road
Asheville,North Carolina 28806
FOR THE
discharge of wastewater from sanitary facilities and process facilities classified by Standard
Industrial Classification (SIC) Code Nos. 2026, 2037 and 3085 into the District Sewerage System of
the Metropolitan Sewerage System at 220 Deaverview Road, Asheville, North Carolina 28806. The
discharge shall be in accordance with effluent limitations, monitoring requirements and other
conditions set forth in parts I, II, and III of this industrial user permit(IUP).
Effective this 1st day of January, 2022
This Permit expires the 31st day of December, 2026
METROPOLITAN SEWERAGE DISTRICT OF
BUNCOMBE COUNTY,NORTH CAROLINA
I-L 0./;; ` i 11/21/21
T omas E.Har ,PA. Date
General Manager
11Page

Permit No.S-036-22
PART
OPERATION AND CONSTRUCTION OF FACILITIES
FOR THE PRETREATMENT OF INDUSTRIAL WASTEWATER
A. Continued operation of the industrial wastewater pretreatment facilities below is hereby
approved subject to the conditions and requirements contained in the Permit and the MSD
Sewer Use Ordinance.
No Pretreatment
B. Construction and operation of the additional industrial pretreatment facilities set forth below is
hereby approved.
Not Applicable
C. Permit Modification History
March 28,1991 Issued Permit
March 1, 1994 Renewed existing Permit issued on March 28, 1991. There were no
chap es.
December 19, 1994 Increase wastewater flow discharge limits from a daily maximum of
0.120 MGD to 0.200 MGD and a maximum monthly average from 0.110
MGD to 0.160 MGD.
December 19, 1996 Extended Permit to Discharge from March 1, 1997,to March 1, 1999.
March 1, 1994 Renewed Permit No. S-036-91 as Permit No. S-036-99 to Milkco
Incor orated.
July 1,2001 Reduced MSD's monitoring frequency to one 1 time per six months.
January 1,2002 Renewed Permit S-036-99 as S-036-02 to Milkco,Inc.
January 1,2007 Renewed Permit S-036-02 as S-036-07 to Milkco,Inc.
January 1,2012 Renewed Permit
January 1,2017 Renewed Permit
January 1,2022 Renewed Permit
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Permit No.S-036-22
PART II
EFFLUENT LIMITS AND MONITORING REQUIREMENTS
A. Description of Discharges)
Pipe No. Description
01 Process Wastewater, Boiler and Cooling Tower Blow Down
02 Domestic Wastewater
03 Truck Trailer Rinse Water
Monitoring Point Description
MP01 Process Wastewater Flume
3 1 P a g e

Permit No.S-036-22
Site Layout
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*Discharge at Pipes 02 and 03 may be monitored periodically and unannounced by MSD to assess
compliance. Prior to any discharge of process wastewaters into these pipes,a Permit Application must
be submitted to the MSD and a new Permit issued.
4 1 P a g e

Permit No.S-036-22
PART II
EFFLUENT LIMITS AND MONITORING REQUIREMENTS
Monitoring Point 01
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Permit No.S-036-22
PART II
EFFLUENT LIMITS AND MONITORING REQUIREMENTS
B. Effluent Limitations
Effective immediately and lasting until the expiration of the Permit, the Industrial User is
authorized to discharge process waste to Pipe No. 01. The discharge shall be limited and monitored
at MP 01 as specified below:
EFFLUENT LIMITATIONS
Limited Daily Sample Monitoring Frequency
Parameter Maximum Units Type MSD Industry
Flow 0.200 MGD Continuous Once/Year Daily
pH 6.0 to 10.5 Std. Units Grab Once/Year Daily
BOD 4500 mg/1 Composite Once/Year Twice/Month
TSS 2000 mg/l Composite Once/Year Twice/Month
C. Effluent Monitoring Conditions
1. The scheduled monitoring frequencies are minimum requirements and may be adjusted
by MSD.
2. Flow is in million gallons per day (MGD). The permitted flow is monitored at the flume.
The flow meter is to be calibrated on an annual bases. A copy of the calibration report is
to be submitted to MSD with the subsequent Monthly Monitoring Report.
3. The pH shall be not less than 6.0 or greater than 10.5 standard units. Deviations from
these limits shall be handled in accordance with MSD Pretreatment Program Guidance
Policy,
4. Where continuous pH recording equipment is utilized, the lowest and highest reading
shall be taken from a 24 hour chart. The reading closest to the pH range limits, is the
reading to report on the Monthly Monitoring Report.
S. Discharge of Parameters not specifically limited in this Part is limited to Domestic Sewage
Levels as established by the District's Sewer Use Ordinance.
6. No dilution,such as unregulated process wastewater or domestic shall be introduced into
Pipe 01 as identified in the Site Layout on Page 3 of the Permit.
7. Continuous and composite samples shall be at least twelve (12) portions collected during
a twenty-four (24) hour period or the total duration of waste discharge if less than
twenty-four (24) hours. Alternate sampling requirements may be established in a User's
Permit to Discharge Industrial Waste or by the General Manager.
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Permit No.S-036-22
PART II
EFFLUENT LIMITS AND MONITORING REQUIREMENTS
C. Effluent Monitoring Conditions (continued)
8. A"grab"sample,for monitoring requirements,is defined as a single"dip and take"sample
collected at a representative point in the discharge stream.
9. An instantaneous measurement, for monitoring requirements, is defined as a single
reading,observation,or measurement.
D. Monitoring and Reporting
1. Representative Sampling
a. Samples and measurements taken as required herein shall be representative of the
volume and nature of the monitored discharge. All samples shall be taken from
Monitoring Point numbers specified in the Permit and, unless otherwise specified,
before the effluent joins or is diluted by any other wastestream, body of water, or
substance. Monitoring Point numbers and Pipe numbers shall not be changed
without notification to and approval by MSD.
b. Samples must be collected and composited over an entire operating day.A composite
sample is defined as:
1) Flow proportional Composite Sample: A Sample composed of Sample
aliquots combined in proportion to the amount of flow occurring at
the time of their collection. Such Samples may be composed of equal
aliquots being collected after equal predetermined volumes of flow
pass the Sample point or of flow proportional Grab Sample aliquots
being collected at predetermined time intervals so that at least eight
(8) aliquots are collected per twenty-four (24) hours.
2) Time Proportional Composite Sample: A Sample composed of equal
Sample aliquots taken at equal time intervals of not more than two
hours over a defined period of time.
Where weekly samples are required,a progressive schedule will be used, Monday one
week,Tuesday the next,etc.
c. Daily Monitoring frequency as specified in this IUP shall mean each day of discharge.
d. Grab Sample for the monitoring requirement of this IUP,is defined as a single"dip and
take"sample collected at a representative point in the discharge stream.
e. 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 the Permit.
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Permit No.S-036-22
PART II
EFFLUENT LIMITS AND MONITORING REQUIREMENTS
D. Monitoring and Reporting(continued)
f. 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 MSD. MSD may
require more frequent monitoring, or the monitoring of other pollutants not required
in this permit by written notification.
g. Pollutant analysis shall be performed by a North Carolina Division of Water Quality
Certified Laboratory that is certified in the analysis of the pollutant in wastewater.
h. All records of analysis and measurement performed by the Industrial User must be
retained by the Industrial User for three (3)years.
2. Reporting
a. Monitoring results obtained by the Industrial User shall be reported on the Self-
Monitoring Monthly Report Forms on MSD's website with signed hardcopies of the
Forms and supporting lab analyses postmarked no later than the twentieth day of
the month following the month in which the samples were taken. If no discharge
occurs during the reporting period, "no discharge" shall be indicated on the Forms.
Copies of these and contract laboratory reports shall be faxed, emailed or submitted
to the MSD at the following address:
Attention: Industrial Pretreatment Coordinator
Metropolitan Sewerage District
2028 Riverside Drive
Asheville,North Carolina 28804
b. In the event of an accidental discharge, slug loading or self-monitoring indicating
non-compliance with the SUO or the Permit, the Industrial User shall notify MSD
within 24 hours of becoming aware of the violation by using the Report Forms on
MSD's Self-Monitoring Monthly Report Form website.
C. If the accidental discharge, slug loading, or self-monitoring is suspected of severely
impacting the MSD sewer system, endangering public safety or the safety of MSD
employees, the Industrial User shall immediately notify MSD by telephone of the
non-compliant event. The telephone numbers to contact are:
Time and Days Contact Telephone
Number
8:30 am to 5:00 pm, Monday- Friday Industrial Pretreatment [phone]
Coordinator 803 627-2000
after 4:30 pm,weekends,and Operator on duty [phone]
holidays
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Permit No.S-036-22
PART II
EFFLUENT LIMITS AND MONITORING REQUIREMENTS
D. Monitoring and Reporting(continued)
d. Within five (5) days of the accidental discharge, slug loading or other non-compliant
discharge, a written report by the authorized representative of the Industrial User
shall be submitted to the General-Manager of the MSD. The report must include as a
minimum:
(i) The date, time and duration of the accidental discharge, slug loading or
discharge not in compliance with conditions and requirements of the SUO or
the Permit;
(ii) The quantity and waste characteristics of the discharge;
(iii) The corrective action taken to prevent future accidental discharges, slug
loadings or discharges not in compliance with the SUO or the Permit.
If self-monitoring by an Industrial User indicates a violation, the Industrial User shall repeat
the self-monitoring and analysis and submit the results of the repeat analysis to MSD within
thirty(30) days after becoming aware of the violation. The requirements of this paragraph are
in addition to the requirements set forth in sub paragraphs b.,c.,and d.of this Part.
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Permit No.5-036-22
PART III
GENERAL CONDITIONS AND REQUIREMENTS
A. Duty to Comply
The Industrial User must comply with all conditions of the Permit. Any non-compliance with
the Permit constitutes a violation of the SUO and may be grounds for possible enforcement
action. The MSD may levy fines of up to twenty-five thousand dollars ($25,000.00)per day per
violation. The Industrial User may be subject to criminal penalties levied by the State of North
Carolina or the United States of America.
B. Duty to Mitigate-Prevention of Adverse Impact
The Industrial User shall take all reasonable steps to minimize or prevent any discharge in
violation of the Permit which has a reasonable likelihood of adversely affecting human health,
the MSD Treatment Plant,the French Broad River,or the environment.
C. General Prohibitive Standards
In addition to the requirements of the Permit,the Industrial User shall comply with the general
prohibitive discharge standards in 40 CFR 403.5(a) and (b) of the Federal pretreatment
regulations.
D. Facilities Operation
The Industrial User 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 Industrial User to achieve
compliance with the terms and conditions of the Permit and the SUO.
E. Bypass
1. Bypass of treatment facilities is prohibited. MSD may take enforcement action against the
Industrial User for bypass unless MSD approves when such bypass is in compliance with
40 CFR 403.17. Such conditions are:
a. Bypass was unavoidable to prevent loss of life, personal injury or severe property
damage;
b. There were no feasible alternatives to the bypass. This condition is not satisfied if
adequate back-up 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 preventative maintenance; and
c. The Industrial User knows in advance of the need for the bypass, and submits prior
notice of the bypass to MSD.
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Permit No.S-036-22
PART III
GENERAL CONDITIONS AND REQUIREMENTS
E. Bypass(continued)
2. If the Industrial user does not know of the bypass in advance, it must submit verbal notice
to MSD as soon as the Industrial User becomes aware of the bypass. The verbal notice shall
be followed with a written submission. The written submission shall describe the bypass
and its cause; state how long the bypass occurred including exact dates and times, and if
the bypass 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 bypass.
F. Flow Measurement
1. Flow measuring and recording facilities shall be maintained to provide an accurate
measurement of the volume discharged. If it is the determination of the MSD that when, in
the opinion of the MSD or Industrial User, the flow measuring and recording facilities are
not sufficiently measuring the flow,the MSD may require recalibration or change-out at the
expense of Industrial User. If no effluent/process measurement devices are installed, or if
flow measurement devices malfunction, the permittee shall record the water meter
reading providing water to the facility at the beginning and end of each composite sample
collection time period, convert this to an estimate of the daily discharge flow for each pipe,
and report this value on the discharge monitoring report form.
2. The permittee shall install 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.
3. Any malfunction of flow monitoring and recording equipment shall be reported by the
Industrial User immediately to MSD by phone followed by a written report submitted to
the General-Manager of MSD within five (5) days of the malfunction. Any malfunction
must be corrected within seven (7) days. Certification of accuracy must be provided to
MSD within fifteen(15) days of the date of repair.
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Permit No.5-036-22
PART III
GENERAL CONDITIONS AND REQUIREMENTS
G. Reports of Changed Conditions
1. The Industrial User shall give notice to the General Manager of any planned significant
changes to the operations or system which might alter the nature, quality, or volume of
its wastewater at least 180 days before the change. The Industrial User shall not begin
the changes until receiving written approval from MSD. Significant changes may include
but are not limited to the following:
a. increases or decreases to production;
b. increases in discharge of previously reported pollutants;
c. discharge of pollutants not previously reported;
d. new or changed product lines;
e. new or changed manufacturing processes.
2. Discharge of wastewater with changes as indicated above shall not begin until a Permit to
Discharge Industrial Waste has been issued by MSD for the proposed discharge or until
MSD amends an existing Permit.
H. Removed Substances
Solids, sludge, 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 Industrial User is responsible for assuring
its compliance with any requirements regarding the generation,treatment,storage,or disposal
of"Hazardous Waste"as defined under the Federal Resource Conservation and Recovery Act.
I. Upset Conditions
An "Upset" of Pretreatment Facilities means an exceptional incident in which there is an
unintentional and temporary noncompliance with the effluent limitations of the Permit
because of factors beyond the reasonable control of the Industrial User. 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
Industrial User has the burden of proof to provide evidence and demonstrate that none of the
factors listed in the preceding paragraph were responsible for the noncompliance.
J. Sludge Management
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.
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Permit No.5-036-22
PART III
GENERAL CONDITIONS AND REQUIREMENTS
K. 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 or North Carolina General Statutes 143-215.1 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 the Permit, the Permit may be revised or modified in accordance with the
toxic effluent standard or prohibition.
L. Accidental Discharges and Slug Loads
The Industrial User shall provide protection from accidental and slug discharges of prohibited
materials or other substances regulated by the Permit.
1. Such protection shall include, but is not limited to; the construction of containment dikes,
the rerouting of all floor drains in the manufacturing area to a holding area, and the
plugging of floor drains. Modifications to the measures shall be approved by MSD prior
to installation or implementation.
2. A written contingency plan shall be submitted to MSD,which outlines the procedures to
be taken by the Industrial User in the event that an accidental spill or leak of a
prohibited substance occurs. The plan shall also include notification procedures
outlined in Part II,Section D.3.b., c., and d. of this Permit.
a. The Industrial User shall review and revise, as needed, the written contingency
plan every three (3)years.
Description of Plan Submittal Date
Submit revised version of"Emergency January 2, 2022
Contingency Program"
3. A Notice shall be permanently posted at a prominent place in the facility for which the
Permit has been issued advising employees whom to call in the event of an Accidental
Discharge. Users shall insure that all employees who observe or who may cause or suffer
such an Accidental Discharge to occur are advised of the emergency notification procedure.
The notification procedure outlined in Part 11,Section D.3.b.,c.,and d.of this Permit shall be
followed.
M. Need to Halt or Reduce not a Defense
It shall not be a defense for an Industrial User 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.
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Permit No.S-036-22
PART III
GENERAL CONDITIONS AND REQUIREMENTS
N. Dilution
The Industrial User 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 the Permit.
0. Right of Entry
The Industrial User shall allow the staff of the Metropolitan Sewerage District, the North
Carolina Department of Environmental Quality, the Environmental Protection Agency and/or
their authorized representatives,upon the presentation of credentials:
1. To enter upon the Industrial User'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 the Permit;
and
2. At reasonable times to have access to and copy records required to be kept under the
terms and conditions of the Permit; to inspect any monitoring equipment or monitoring
method required in the Permit;and to sample any discharge of pollutants.
P. Monitoring Access
MSD, the Approval Authority and EPA shall have the right to set up on the Industrial User's
Property such devices as are necessary to conduct sampling, inspection, compliance
monitoring and flow metering operations.
Q. Availability of Records and Reports
The Industrial User 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 the Permit for at least three (3) years. All records pertaining to any
enforcement action shall be retained and preserved by the Industrial User until all
enforcement activities have concluded and all periods of limitation with respect to any and all
appeals have expired.
Except for data determined to be confidential under the Sewer Use Ordinance, all reports
prepared in accordance with terms of the Permit shall be available for public inspection at the
Metropolitan Sewerage District. Effluent data shall not be considered confidential.
R. Duty to Provide Information
The Industrial User shall furnish to the General Manger or his designees, within a reasonable
time, any information MSD, or its designee, or the North Carolina Department of
Environmental Quality may request to determine whether cause exists for modifying,revolting
and reissuing, or terminating the Permit or to determine compliance with the Permit. The
Industrial User shall also furnish, upon request, copies of records required to be kept by the
Permit.
141Page

Permit No.S-036-22
PART III
GENERAL CONDITIONS AND REQUIREMENTS
S. Penalties for Falsification of Reports
The Metropolitan Sewerage District SUO provides that any person who knowingly makes any
false statements or representation in any application or report or other document submitted
or required to be maintained pursuant to the SUO or the Permit, or who knowingly renders
inaccurate any monitoring device or method required under this ordinance, shall upon
conviction be punished by a fine of not more than $25,000 per day per violation. NCGS 143-
215.613 provides those similar offenses may be punished by a fine of up to $10,000 per
violation.
T. Signatory Requirements
All reports or information submitted pursuant to the requirements of the Permit must be
signed and certified by the Authorized Representative of the Industrial User as specified in the
Application for Permit to Discharge Industrial Waste. If the designation of the Authorized
Representative is no longer accurate, a new authorization satisfying the requirements of
this section must be submitted to General Manager prior to or together with any reports to
be signed by the new Authorized Representative.
U. Civil and Criminal Liability
Nothing in the Permit shall be construed to relieve the Industrial User from civil or criminal
penalties for noncompliance with provisions of the Permit.
V. Federal and 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 State law or regulation.
W. Property Rights
The Permit does not convey any property rights in either real or personal property, or any
executive 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.
X. Severability
The provisions of the Permit are severable and,if any provision of the Permit or the application
of any provision of the Permit to any circumstance is held invalid, the application of such
provision to other circumstances and the remainder of the Permit shall not be affected thereby.
151Page

Permit No.S-036-22
PART III
GENERAL CONDITIONS AND REQUIREMENTS
Y. Reopener Provision
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 WWTP 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.
Z. Categorical Reopener Provision
The 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),
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 the Permit; or
2. Controls any pollutant not limited in the Permit.
The Permit as modified or reissued under this paragraph shall also contain any other
requirements of the Clean Water Act then applicable.
AA. Permit Modification Revocation Termination
The Permit may be modified, revoked and reissued or terminated in accordance with the
requirements of the SUO, North Carolina General Statute 143-215.1 and regulations
promulgated thereunder.
The Permit shall be modified, alternatively or revoked and reissued, to comply with any
applicable effluent standard or limitation for the control of any pollutant shown to contribute
to the toxicity of the MSD Wastewater Treatment Plant effluent or any pollutant that is
otherwise limited by the MSD 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.
BB. Application for Permit Renewal
The Industrial User is responsible for filing application for re-issuance of the Permit within one
hundred and eighty(180) days of its expiration date.
CC. Transferability
The Permit shall not be reassigned or transferred or sold to a new owner, new Industrial User,
different premises or a new or changed operation without the written approval of MSD. Any
succeeding owner or Industrial User shall also agree in writing to comply with the terms and
conditions of the Permit and shall be provided a copy of the Permit.
161Page

Permit No.S-036-22
PART III
GENERAL CONDITIONS AND REQUIREMENTS
DD. Construction
No construction of pretreatment facilities or additions thereto shall commence until Final
Plans and Specifications have been submitted to MSD and written approval and an
Authorization to Construct(A to C)have been issued.
171Page