HomeMy WebLinkAboutNC0024911_Linamar Pretreatment_IUP_Modification_20240730 (2) Permit No. S-076-22
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-076-22 40 CFR Category:464.16
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:
Linamar Light Metals-MR(Mills River)
490 Ferncliff Park Drive
Mills River,North Carolina 28732
FOR THE
operation of industrial wastewater pretreatment facilities as specified in this Permit and the discharge of wastewater
from sanitary facilities and process facilities classified by Standard Industrial Classification (SIC) Code No. 3363 and
NAICS Code No. 331523 into the District Sewerage System of the Metropolitan Sewerage System at 490 Ferncliff
Park Drive, Fletcher, North Carolina 28732. 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 July,2022
This Permit expires the 31st day of December,2026.
METROPOLITAN SEWERAGE DISTRICT OF
BUNCOMBE COUNTY,NORTH CAROLINA
�u,ti.�— �. 07/28/2022
Thomas E.Hartye, Date
General Manager
1 Page
Permit No. S-076-22
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.
1. Two 5,600-gallon Process Equalization Tanks
2. 3-Phase DPS Oil Separator
3. Belt Filter for large particulates
4. 2,000-gallon buffer tank
S. 2 —530-gallon CIP Tanks
6. 2 Vacudest Evaporators with pH correction/neutralization,and Flow Monitoring
7. Oil and Grease Bag Filter System with 0&G specific filter bags
8. 6,350-gallon sludge holding tank
9. Effluent pH monitor
B. Construction and operation of the additional industrial pretreatment facilities set forth below is hereby approved.
Not Applicable
C. Permit Modification History
Effective Date Renewal or Modification Description of changes.
November 19, Initial Issuance Permit to Discharge Issued.
2018
June 10,2020 Modification Permit modified to reflect additional process equipment and
higher production rates. Removed As,Cd,Hg,Ag,&Sn
because they are not required by 40 CFR and have been
analyzed during previous permit with all results below
detection.
April 1,2021 Modification Adding Categorical Monthly Average and Daily Max.
Updated limits to reflect new SUO limits for some
parameters.
January 1,2022 Renewal/Modification Permit Renewal,New Pretreatment Equipment Added,
Reduction of Monitoring Frequency Requirements
August 1,2022 Name/Ownership The George Fischer(GF) portion of the company sold to
Change Linamar. The company is now owned solely by Linamar.
2 1 P a g e
Permit No. S-076-22
PART II
EFFLUENT LIMITS AND MONITORING REQUIREMENTS
A. Description of Discharges
Pipe No. Description
01 Pretreated Casting Wastewater
02 Domestic Wastewater
03 Domestic,Boiler Make-up&Non-Contact Cooling Water
04 Domestic&Laboratory
Monitoring Point Description
MP01 Effluent discharge from pretreatment facility
Site Layout
*Discharge at Pipes 02, 03 &04 may be monitored periodically and unannounced by MSD to assess compliance. Prior
to the discharge of process wastewaters into these pipes,a Permit Application must be submitted to the MSD and a new
Permit issued.
**Please see digital file for better view of site plans.
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3 Page
Permit No. S-076-22
PART II
EFFLUENT LIMITS AND MONITORING REQUIREMENTS
Monitoring Point 01
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4 Page
Permit No. 5-076-22
PART II
EFFLUENT LIMITS AND MONITORING REQUIREMENTS
Monitoring Point 01
*Effluent flow Monitoring is read from each Vacudest Evaporator screen.
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5 Page
Permit No. S-076-22
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 from Pipe No. 01. The discharge shall be limited and monitored at MP 01 as specified below:
EFFLUENT LIMITATIONS
Limited Daily Monthly Sample Monitoring Frequency
Parameter Maximum Average Units Type MSD Industry
Flow 0.017 0.012 MGD Continuous Once/Year Daily
pH 6.0 to 10.5 6.0 to 10.5 Std.Units Grab Once/Year Daily
Chromium 2.00 2.00 mg/1 Composite Once/Year Once/Month*
Copper 2.00 2.00 mg/1 Composite Once/Year Once/Month
Lead 0.40 0.40 mg/1 Composite Once/Year Once/Month
Nickel 2.00 2.00 mg/1 Composite Once/Year Once/Month*
Zinc 2.00 2.00 mg/1 Composite Once/Year Once/Month
Cyanide 1.9 1.9 mg/1 Grab Once/Year Once/Month*
Total Phenols 1.8022 0.6288 mg/1 Grab Once/Year Once/Month
Oil&Grease 146.15 48 mg/1 Grab Once/Year Once/Month
TTO** 10.9182 3.5549 mg/1 Grab ODAN*** Once/6 Months
*Monitoring Relief: See Part II,Section C.8.
**Total Toxic Organics; See Part II,Section D.3.
***On Demand As Necessary
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 end of the pretreatment
system and the flow meter is to be calibrated or replaced on an annual basis. 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 be reported on the Monthly
Monitoring Report.
5. 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, domestic or non-process wastewater shall be
introduced into Pipe 01 as identified in the Site Layout on Page 3 of the Permit.
6 1 P a g e
Permit No. S-076-22
PART II
EFFLUENT LIMITS AND MONITORING REQUIREMENTS
7. An instantaneous measurement, for monitoring requirements,is defined as a single reading, observation,
or measurement.
8. The first self-monitoring report during each Semiannual Reporting Period (i.e. January and July of each
year)shall be analyzed for all limited parameters except TTO. If the following conditions are met:
a. Parameter is not used in process operations and
b. The analysis indicates the concentration to be below 0.01 ppm
no further monitoring during that six months will be required unless process operations change which
could indicate the possible introduction of the limited parameters not previously discharged. In addition
each subsequent Monthly Monitoring Report,for the remainder of the Semiannual Reporting Period,shall
be supplemented with the following statement:
"The heavy metals) listed below and not found in the process waste
discharge during the last prior analyses have not been subsequently
introduced into plant process operations."
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 Pipe 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. 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.
7 1 P a g e
Permit No. S-076-22
PART II
EFFLUENT LIMITS AND MONITORING REQUIREMENT
D. Monitoring and Reporting(continued)
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.
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
8:00 am to 5:00 pm,Monday-Friday (828) 225-8230
Industrial Pretreatment Coordinator 803 627-2000
after 5:00 pm,weekends,and holidays Operator on duty 828 225-8228
8 1 P a g e
Permit No. S-076-22
PART I1
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.
e. 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 subparagraphs b.,c.,and d.of this Part.
3. Total Toxic Organics
The term Total Toxic Organics (TTO's) shall mean the sum of the masses or concentrations of each of the
toxic organic compounds listed in 40 CFR Part 464, Subpart A-Aluminum Casting under Part 464.11 Nos.
1. 2. and 6 which are found at a concentration greater than 0.010 mg/L. Total Toxic Organics, shall be
monitored and reported as follows:
a. Toxic Organic Management Plan - Within ninety days of the issuance of this permit, the permittee shall
develop and submit to the Control Authority a toxic organic management plan.Or the permittee must review
their existent plan and submit with a signed cover letter showing it has been updated as necessary.
b. The industry must monitor at least once for TTO's within the first three (3)months of the effective date of
this permit.
c. If the following conditions exist:
(i) No toxic organics as listed in 40 CFR Part 464 Subpart A,section 464.11 Nos.1,2,and 6 are used
at the Industrial User's facility; and
(ii) If all parameters analyzed are below 0.010 mg/1
Then the Industrial User may submit the following certification by July 15th and December 15th of each
year and will not have to monitor for TTO's again for the duration of the Permit:
"I hereby certify that no toxic organics,as defined by EPA are used by
this facility,and thus,no dumping of concentrated toxic organics into
the MSD Sewerage System has occurred since filing the last report
dated "
9 1 P a g e
Permit No. 5-076-22
PART II
EFFLUENT LIMITS AND MONITORING REQUIREMENTS
D. Monitoring and Reporting(continued)
d. If the following conditions exist:
(i) Any toxic organics as defined by EPA are listed,stored or utilized at this Industrial User's facility;
(ii) A Solvent Management Plan for the toxic organic compounds has been submitted to MSD in
written form listing the compounds used, quantities, method of storage, and disposal
demonstrating procedures used to prevent discharge into the MSD Sewerage System; and
(iii)The sum of the masses is below 2.13 mg/1
Then the following certification can be submitted for the remainder of the Permit.This certification must
be submitted to MSD by July 15th and January 15th of each year:
"Based on my inquiry of the person or persons directly responsible for
managing compliance with the pretreatment standard for total toxic
organics(TTO),I certify that to the best of my knowledge and belief,no
dumping of concentrated toxic organics into the MSD Sewerage
System has occurred since filing of the last report dated . I
further certify that this facility is implementing a Solvent Management
Plan submitted to MSD."
e. Certification is a substitute for monitoring only if the above requirements are met. If the certification is not
submitted for both periods within 7 days of the respective due dates,MSD shall collect a TTO sample before
December 31 of that year and the Industry may be billed for the cost of the monitoring and analysis.
4. Effluent Concentration Limits&Production Records
This SIU is subject to 40 CFR 464.16,and has been approved for Equivalent Concentration Limits as allowed by
40 CFR 403.6(c). In order to demonstrate dilution is not being used,and to remain eligible for the Equivalent
Concentration Limits, the industry must continue effluent flow monitoring, record the production rate, and
submit the production rate as listed below.
The permittee shall keep records of the number of pounds of metal poured each day of production for each core
and ancillary operation covered by 40 CFR 464.16. These records shall be submitted to MSD by July 15th and
January 15th of each year and shall cover the previous six-month report period(January through June and July
through December).
Additionally,the permittee shall notify MSD within two (2) business days after the User has a reasonable basis
to know that the production level will significantly change within the next calendar month.
101Page
Permit No. S-076-22
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.
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.
111Page
Permit No. S-076-22
PART III
GENERAL CONDITIONS AND REQUIREMENTS
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.
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.
121Page
Permit No. S-076-22
PART III
GENERAL CONDITIONS AND REQUIREMENTS
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 or with categorical Pretreatment Standards
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.
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 Completion Date
Emergency Contingency Plan 3/13/2020
131Page
Permit No. S-076-22
PART III
GENERAL CONDITIONS AND REQUIREMENTS
L. Accidental Discharges and Slug Loads (continued)
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 II, 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.
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 Division of
Water Resources, 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.
141Page
Permit No. S-076-22
PART III
GENERAL CONDITIONS AND REQUIREMENTS
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 Division of Water Resources may request to determine
whether cause exists for modifying, revoking 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.
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 that 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 and as defined under the Sewer Use Ordinance. 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.
151Page
Permit No. S-076-22
PART III
GENERAL CONDITIONS AND REQUIREMENTS
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.
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 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 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 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.
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Permit No. 5-076-22
PART III
GENERAL CONDITIONS AND REQUIREMENTS
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.
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.
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