NC0085553_Fact Sheet_20240426

Docusign Envelope ID: F83C113E-FCAF-4D92-9417-DDDE542B8386
DEQ/DWR/NPDES
FACT SHEET FOR PERMIT RENEWAL
PERMIT NCO085553
Table 1 -- Facility Information
Applicant/ Village of Bald Head Island Utility Department/
Facility Name: Bald Head Island Reverse Osmosis WTP
Applicant Address: P. O. Box 3009; Bald head Island,NC 28461
Facility Contact: Chris McCall, Village Manager
[cmccal villa ebhi.or , 910-457-7350
Facility Address: 256 Edward Teach Extension; Bald Head Island,NC 28461
Permitted Flow No designated permitted flow, assigned flow 0.087 MGD
Type of Waste: Reverse Osmosis RO reject wastewater
Facility/Permit Status: Class PCNC/Active; Renewal
County: Brunswick County
Miscellaneous
Receiving Stream: Marina Channel to Stream SC; #
Cape Fear River Classification:
Hydrological Unit: 03-06-17 Stream Index: 18-88-8-5
Drainage Area mil : tidal HUC: 0303000508
Summer 7Q 10 cfs tidal 303 d Listed? No
Winter 7Q10 cfs : tidal Regional Office: Wilmington WiRO
30Q2 (cfs) tidal State Grid/ L26SE/L27SW
USGSQuad: Southport,NC
[AVvera,, Flow cfs : tidal Permit Writer: Joe R. Co oron, P.G.
% : 100% Date: Updated 26A r2024
BACKGROUND - The Village of Bald Head Island Utility Department(herein Bald Head or the
Permittee) operates a 0.288 MGD design capacity Reverse Osmosis (RO) drinking water facility
that serves the Bald Head Island community. RO reject wastewater discharges to the Bald Head
Island Marina Channel, a class SC; #water within the Cape Fear Basin.
OPERATION - There are no wastewater treatment process or solids concerns as the RO reject
wastewater is discharged directly to the outfall as it is generated. Except for a silica pretreatment
additive (phosphoric/phosphonic acid) in the RO influent, all other chemical additions are injected
in the produced drinking water treatment after exiting the RO units. Multiple wells provide the raw
water to the RO facility and a 0.4 MG tank provides storage for drinking water. Because of
contractual requirements, a minimum amount of drinking water must be purchased monthly from
the local utility. Any wastewater generated from maintenance acid cleaning of the RO units is
diverted to the WWTP.
Three RO units produce drinking water. Each unit has a reject wastewater totalizer. Units A and B
run in parallel, each designed to produce 70 gpm of drinking water and generate reject wastewater
at 30 gpm. Unit C increases production and reduces reject wastewater by mixing wastewater with
Units A and B while generating wastewater at 32 gpm. Since the drinking water demand is
seasonal, the RO configuration is adjusted to match the demand. Unite C also treats well water to
produce potable water at an additional 60 gpm. Monthly reported wasteflow is the sum of the reject
totalizers discharging to the outfall. The outfall terminates adjacent to the channel bulkhead
utilizing an inverted elbow that may or may not be submerged depending on the tides.
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PERMIT HISTORY
2006 - Division applied WTP strategies as Reverse Osmosis (RO) technologies including WET
testing and metals monitoring and issued the permit prior to outfall installation.
2009 - Engineer Certificate received for outfall installation; RO plant began discharging and
submitting DMRs; RO Unit C installed; Division letter corrected WET test species to
fathead minnow.
2011 - During site visit DWR noted that the facility was still using mysid shrimp for WET testing
from 2006 permit. During permit renewal, the Division determined that mysid shrimp was
acceptable and corrected the narrative.
2017— Division incorporated WTP strategies into the permit:
• added limits for effluent Total Arsenic.
• Total Copper and Total Zinc monitoring reduced to Quarterly to coincide with
acute WET testing.
• removed flow limit per WTP Policy.
• added parameter codes to effluent table.
• Acute Toxicity test species corrected to mysid shrimp.
• updated narratives for component list, acute toxicity, and instream sample
location.
COMPILANCE HISTORY Jun202 1-Sep2023 -No enforcement penalties were assessed.
Table 2
FACILITY MO YEAR Sample PARAMETER VIOL DATE UNITS LIMIT CALC % VIOL TYPE VIOL ACTION VIOL COMMENT LAST UPDATE
VALUE OVER
Bald Head WTP 5 2023 Effluent Arsenic,Total 05/31/2023 ug/I %0 15.0 50 Monthly Ave Exceeded Proceed to NOV tyler.benson
Bald Head WTP 5 2023 Effluent Arsenic,Total 05/10/2023 ug/I 10-0 15-0 50 Daily Max Exceeded Proceed to NOV tyler-benson
Bald Head WTP 12 2022 Effluent Arsenic,Total 12/31/2022 ug/I 10.0 11.0 10 Monthly Ave Exceeded No Action,BPJ RPA=>limits drop helen.perez
Bald Head WTP 12 2022 Effluent Arsenic,Total 12/06/2022 ug/I 10.0 11.0 10 Daily Max Exceeded No Action,BPJ RPA=>limits drop helen.perez
Bald Head WTP 6 2022 07/31/2022 Late/Missing DMR Report Error Received- helen.perez
Bald Head WTP 7 2022 Effluent Copper,Total 07/31/2022 ug/I 3.7 10.0 170 Monthly Aver Exceeded No Action,BPJ RPA=>limits drop helen.perez
Bald Head WTP 7 2022 Effluent Copper,Total 07/12/2022 ug/I 5.8 %0 72 Daily Max Exceeded No Action,BPJ RPA=>limits drop helen.perez
Bald Head WTP 5 2022 Effluent pH 05/18/2022 su 6-8 67 1 Daily Min Not Reached No Action.BPJ helen-perez
Bald Head WTP 2 2022 03/31/2022 Late/Missing DMR No Action,BPJ deanhunkele
Bald Head WTP 3 2022 Effluent Arsenic,Total 03/31/2022 ug/I %0 22.0 120 Monthly Ave Exceeded Proceed to NOV helen.perez
Bald Head WTP 3 2022 Effluent Arsenic,Total 03/09/2022 ug/I 10-0 22-0 120 Daily Max Exceeded Proceed to NOV helen-perez
Bald Head WTP 10 2021 Effluent Arsenic,Total 10/31/2021 ug/I 10.0 23.0 130 Monthly Ave Exceeded Proceed to NOV deanhunkele
Bald Head WTP 10 2021 Effluent Arsenic,Total 10/06/2021 ug/I 10.0 23.0 130 Daily Max Exceeded Proceed to NOV deanhunkele
Bald Head WTP 6 2021 Effluent Arsenic,Total 06/30/2021 ug/I 10-0 16-0 60 Monthly Aver Exceeded Proceed to NOV dean hunkele
Bald Head WTP 6 2021 Effluent Arsenic,Total 06/15/2021 ug/I 10.0 16.0 60 Daily Max Exceeded Proceed to NOV deanhunkele
FINAL PERMITTING STRATEGY—Dilution Studies - Reasonable Potential Analyses (RPAs)
DWR used revised dilution ratios provided by CORMIX modeling [Terta Tech, Inc.], studies
supervised and approved by DWR. Conclusions of these studies recommend changes for renewal.
The Division therefore applied the new dilution ratios and respective instream waste concentration
(IWC) to each RPA to determine reasonable potential for toxicants to exceed saltwater surface
water-quality standards [see attached RPA].
RPAs conclude that arsenic, copper, and zinc no longer show reasonable potential. Consequently,
renewal discontinued monitoring for these metals and their associated Total Hardness. New dilution
ratios and new IWC offer limits and monitoring reduced from the previous permit. Bald Head
justifies applying less stringent requirements to the permit citing EPA's exceptions to anti-
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backsliding because the new pertinent information [CORMIX] was not available for consideration
at the previous renewal.
EFFLUENT STATISTICS -
Table 3: eDMR Data Reported Jan2020 throu h Sep2023
Sample Flow DO TN TP Ammonia Cond. Total Total
Count=45 (MGD) (mg/L) (mg/L) (mg/L) (mg/L) (µmobs/ Copper Zinc
cm /L /L
Average 0.048 4.54 4.14 2.75 2.68 3243 9.78 12.34
Maximum 0.054 13.8 6.2 10.1 4.5 5380 10.0 64
Minimum 0.004 0.99 1.9 0.47 0.2 2410 <10 <10
Sample Total Arsenic Chloride Salinity pH Turbidity TSS
Count=45 /L (mg/L) th S.U.) (ntu) (m /L
Average 10.06 433 2.84 7.56 3.94 2123
Maximum 23 739 53.3 5.2 13.8 4080
Minimum 0.006 < 5 1 1.2 1 6.72 1 0.3 1 1520
WHOLE EFFLUENT TOXICITY—ACUTE [TGE3E1
The Permittee performed fifteen(15) consecutive Quarterly Acute WET tests during the period
08Jan202O through July2023 using mysid shrimp at 90% effluent concentration. Although the
Permittee failed two (2) earlier WET tests (April 2020 and April 2021), they have subsequently
passed nine (9) consecutive Quarterly tests.
Per current WTP permitting guidance, Acute WET is appropriate for this discharge. Although DWR
established an effluent concentration of 10% based on CORMIX modeling, monitoring for Acute
WET testing remains at 90% effluent concentration per WTP strategy.
Bald Head WTP is not eligible for WTP General Permit NCG590000 because the Permittee utilizes
Reverse Osmosis Technology to produce potable water [only applied to conventional and green-sand
treatments technologies].
RENEWAL SUMMARY
The Division has incorporated the following for this renewal:
• Table [A. (L)—For your convenience, DWR has resorted Effluent parameters
Table A. (L)by Measurement frequency.
• Renewal Text Updates—instream-sample location narratives; updated treatment
components based on latest site inspection; updated text for Acute Toxicity,
updated site Facility Map.
• Metals Monitoring -By applying revised dilution ratios and new IWC [by CORMIX],
monitoring for the parameters Total Arsenic, Total Copper, and Total Zinc no longer
show reasonable potential. Therefore, monitoring is discontinued.
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• Total Hardness - as previously associated with metals monitoring, Total Hardness
monitoring is likewise discontinued for renewal.
• Effluent Acute WET—Effluent concentration at 90% and test species mysid
shrimp remain unchanged from the previous permit.
PROPOSED SCHEDULE FOR PERMIT ISSUANCE
Draft to Public Notice: December 6, 2023
Revised draft to Public Notice: February 5, 2024
Re-submitted for Public Notice March 20, 2024
Permit final submitted for signature April 26, 2024
Permit Issue [estimated]: May 10, 2024
Effective Date [estimated]: June 1, 2024
NPDES Division Contact
If you have questions about the above information, or about the attached permit,please email Joe R.
Corporon, P.G. ' [e-mail]].
f
NAME: DATE: 26APR2024
NPDES m lement ion of Instream Dissolved Metals Standards — Freshwater Standards
The NC 2007-2015 Water Quality Standard(WQS)Triennial Review was approved by the NC Environmental
Management Commission(EMC)on November 13, 2014. The US EPA subsequently approved the WQS
revisions on April 6,2016,with some exceptions. Therefore,metal limits in draft permits out to public notice
after April 6,2016 must be calculated to protect the new standards -as approved.
Table 2.NC Dissolved Metals Water Q ality Standards/A uatic Life Protection
Parameter Acute FW, µg/l Chronic FW, µg/l Acute SW, µg/1 Chronic SW, µg/1
(Dissolved) (Dissolved) (Dissolved) (Dissolved)
Arsenic 340 150 69 36
Beryllium 65 6.5 --- ---
Cadmium Calculation Calculation 40 8.8
Chromium III Calculation Calculation --- ---
Chromium VI 16 11 1100 50
Copper Calculation Calculation 4.8 3.1
Lead Calculation Calculation 210 8.1
Nickel Calculation Calculation 74 8.2
Silver Calculation 0.06 1.9 0.1
Zinc Calculation Calculation 90 81
Table 2 Notes:
1. FW=Freshwater, SW= Saltwater
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2. Calculation=Hardness dependent standard
3. Only the aquatic life standards listed above are expressed in dissolved form. Aquatic life standards
for Mercury and selenium are still expressed as Total Recoverable Metals due to bioaccumulative
concerns(as are all human health standards for all metals). It is still necessary to evaluate total
recoverable aquatic life and human health standards listed in 15A NCAC 213.0200(e.g., arsenic at 10
µg/l for human health protection; cyanide at 5 µg/L and fluoride at 1.8 mg/L for aquatic life
protection).
Table 3.Dissolved Freshwater Standards for Hardness-Dependent Metals
The Water Effects Ratio(WER) is equal to one unless determined otherwise under 15A NCAC
02B .0211 Subparagraph(11)(d)
Metal NC Dissolved Standard, /l
Cadmium,Acute WER*{1.136672-[ln hardness](0.041838){ e^{0.9151 [ln hardness]-
3.1485{
Cadmium, Acute Trout WER*{1.136672-[ln hardness](0.041838){ e^{0.9151[ln hardness]-
waters 3.62361
Cadmium,Chronic WER*{1.101672-[ln hardness](0.041838){ e^{0.7998[ln hardness]-
4.4451{
Chromium 111,Acute WER*0.316 e^{0.8190[ln hardness]+3.7256{
Chromium 111, Chronic WER*0.860 e^{0.8190[ln hardness]+0.6848{
Copper,Acute WER*0.960 eA10.9422[ln hardness]-1.700}
Copper, Chronic WER*0.960 eA10.8545[ln hardness]-1.702}
Lead,Acute WER*{1.46203-[ln hardness](0.145712){ •e^{1.273[ln hardness]-1.460{
Lead, Chronic WER*{1.46203-[lnhardness](0.145712){ •e^{1.273[ln hardness]-4.705{
Nickel,Acute WER*0.998 e^{0.8460[ln hardness]+2.255{
Nickel, Chronic WER*0.997 e^{0.8460[1n hardness]+0.0584{
Silver,Acute WER*0.85 • eNt.72[ln hardness]-6.59{
Silver, Chronic Not applicable
Zinc,Acute WER*0.978 e^{0.8473[ln hardness]+0.884{
Zinc, Chronic WER*0.986 e^{0.8473[ln hardness]+0.884{
General Information on the Reasonable Potential Analysis (RPA)
The RPA process itself did not change as the result of the new metals standards. However, application of the
dissolved and hardness-dependent standards requires additional consideration in order to establish the
numeric standard for each metal of concern of each individual discharge.
The hardness-based standards require some knowledge of the effluent and instream(upstream)hardness and
so must be calculated case-by-case for each discharge.
Metals limits must be expressed as `total recoverable' metals in accordance with 40 CFR 122.45(c). The
discharge-specific standards must be converted to the equivalent total values for use in the RPA calculations.
We will generally rely on default translator values developed for each metal(more on that below),but it is
also possible to consider case-specific translators developed in accordance with established methodology.
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RPA Permitting Guidance/WOBELs for Hardness-Dependent Metals-Freshwater
The RPA is designed to predict the maximum likely effluent concentrations for each metal of concern,based
on recent effluent data, and calculate the allowable effluent concentrations,based on applicable standards
and the critical low-flow values for the receiving stream.
If the maximum predicted value is greater than the maximum allowed value (chronic or acute),the discharge
has reasonable potential to exceed the standard,which warrants a permit limit in most cases. If monitoring
for a particular pollutant indicates that the pollutant is not present(i.e. consistently below detection level),
then the Division may remove the monitoring requirement in the reissued permit.
1. To perform a RPA on the Freshwater hardness-dependent metals the Permit Writer compiles the
following information:
• Critical low flow of the receiving stream, 7Q10(the spreadsheet automatically calculates the
1 Q 10 using the formula 1 Q 10=0.843 (s7Q 10, cfs)0.993
• Effluent hardness and upstream hardness, site-specific data is preferred
• Permitted flow
• Receiving stream classification
2. In order to establish the numeric standard for each hardness-dependent metal of concern and for each
individual discharge,the Permit Writer must first determine what effluent and instream(upstream)
hardness values to use in the equations.
The permit writer reviews DMR's, Effluent Pollutant Scans,and Toxicity Test results for any
hardness data and contacts the Permittee to see if any additional data is available for instream
hardness values,upstream of the discharge.
If no hardness data is available,the permit writer may choose to do an initial evaluation using a
default hardness of 25 mg/L(CaCO3 or(Ca+Mg)). Minimum and maximum limits on the
hardness value used for water quality calculations are 25 mg/L and 400 mg/L,respectively.
If the use of a default hardness value results in a hardness-dependent metal showing reasonable
potential,the permit writer contacts the Permittee and requests 5 site-specific effluent and upstream
hardness samples over a period of one week. The RPA is rerun using the new data.
The overall hardness value used in the water quality calculations is calculated as follows:
Combined Hardness(chronic)=
(Permitted Flow, cfs *Avg.Effluent Hardness,mg/L)x(s7Q10,cfs *Avg. Upstream Hardness,mg/L)
(Permitted Flow, cfs+s7Q10,cfs)
The Combined Hardness for acute is the same but the calculation uses the IQ 10 now.
3. The permit writer converts the numeric standard for each metal of concern to a total recoverable
metal,using the EPA Default Partition Coefficients (DPCs)or site-specific translators, if any have
been developed using federally approved methodology.
4. The numeric standard for each metal of concern is divided by the default partition coefficient(or
site-specific translator)to obtain a Total Recoverable Metal at ambient conditions.
In some cases,where an EPA default partition coefficient translator does not exist(i.e. silver),the
dissolved numeric standard for each metal of concern is divided by the EPA conversion factor to
obtain a Total Recoverable Metal at ambient conditions. This method presumes that the metal is
dissolved to the same extent as it was during EPA's criteria development for metals. For more
information on conversion factors see the June 1996 EPA Translator Guidance Document.
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The RPA spreadsheet uses a mass balance equation to determine the total allowable concentration(permit
limits)for each pollutant using the following equation:
Ca=(s7Q 10+Qw)(Cwgs)—(s7Q 10) (Cb)
Qw
Where: Ca=allowable effluent concentration(µg/L or mg/L)
Cwqs=NC Water Quality Standard or federal criteria(µg/L or mg/L)
Cb=background concentration: assume zero for all toxicants except NH3* (µg/L or mg/L)
Qw=permitted effluent flow(cfs,match s7Q 10)
s7Q 10=summer low flow used to protect aquatic life from chronic toxicity and human health
through the consumption of water, fish, and shellfish from noncarcinogens(cfs)
* Discussions are on-going with EPA on how best to address background concentrations
Flows other than s7Q10 may be incorporated as applicable:
IQ 10=used in the equation to protect aquatic life from acute toxicity
QA=used in the equation to protect human health through the consumption of water,fish,
and shellfish from carcinogens
30Q2=used in the equation to protect aesthetic quality
5. The permit writer enters the most recent 2-3 years of effluent data for each pollutant of concern.
Data entered must have been taken within four and one-half years prior to the date of the permit
application(40 CFR 122.21). The RPA spreadsheet estimates the 95th percentile upper
concentration of each pollutant. The Predicted Max concentrations are compared to the Total
allowable concentrations to determine if a permit limit is necessary. If the predicted max exceeds the
acute or chronic Total allowable concentrations,the discharge is considered to show reasonable
potential to violate the water quality standard, and a permit limit(Total allowable concentration)is
included in the permit in accordance with the U.S. EPA Technical Support Document for Water
Quality-Based Toxics Control published in 1991.
6. When appropriate,permit writers develop facility specific compliance schedules in accordance with
the EPA Headquarters Memo dated May 10,2007 from James Hanlon to Alexis Strauss on 40 CFR
122.47 Compliance Schedule Requirements.
7. The Total Chromium NC WQS was removed and replaced with trivalent chromium and hexavalent
chromium Water Quality Standards. As a cost savings measure,total chromium data results may be
used as a conservative surrogate in cases where there are no analytical results based on chromium III
or VI. In these cases,the projected maximum concentration(95th%)for total chromium will be
compared against water quality standards for chromium III and chromium VI.
8. Effluent hardness sampling and instream hardness sampling,upstream of the discharge,are inserted
into all permits with facilities monitoring for hardness-dependent metals to ensure the accuracy of
the permit limits and to build a more robust hardness dataset.
9. Hardness and flow values used in the Reasonable Potential Analysis for this permit included:
Table 4
Parameter Value Comments(Data Source)
Average Effluent Hardness(mg/L) N/A Discontinued metals monitoring
[Total as, CaCO3 or(Ca+Mg)]
Average Upstream Hardness(mg/L) N/A Discontinued metals monitoring
[Total as, CaCO3 or(Ca+Mg)]
7Q10 summer(cfs) Tidal N/A
1 Q 10(cfs) Tidal N/A
Permitted Flow(MGD) Not limited
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Affidavit of Second Publication on 28Mar2024
85553 Baldhead Island WWTP
Public Notice
AFFP !forth Carolina
ENVIRONMENTAL MANAGEMENT h:nvironntental Management
Commission/NPDES Unit
Affidavit of Publication 1617 Mail Service Center
Raleigh,NC 27699-1617
Notice of Intent to Issue a
STATE OF NC) NPDES Wastewater Permit
COUNTY OF BRUNSWICK) SS NCO085553 Bald Head Island
WTP
The North Carolina Environ-
Christy Williamson,being duly sworn,says: mental Management Commis-
That she is Christy Williamson,Advertising Director of the sion proposes to issue a NPDES
Brunswick Beacon,a daily newspaper of general wastewater discharge permit to
circulation,printed and published in Shallotte.Brunswick the person(s) listed below. Writ-
Gounty,NC;that the publication,a copy of which is ten comments regarding the pro-
attached hereto,was published in the said newspaper on posed permit will be accepted
March 28,2024 until 30 days after the publish
date of this notice. The Director
of the NC Division of Water Re-
sources(DWR)may hold a pub-
lic hearing should there he a sig-
nificant degree of public: interest.
That said newspaper was regularly issued and circulated Please mail comments and/or in-
on those dates- formation requests to DWR at
7sI D: the above address. Interested
7 persons may visit the DWR at
Christy William Advertising Director 512 N. Salisbury Street, Raleigh.
NC 276M to review the inform-
subscribed to and sworn to me this 281h day of March ation on file. Additional inform-
2024.
ation on NPDES permits and
this notice may be found on our
D website- hitps://deq.nc.gov/pub-
lie-notices-hearings or by call-
Dorothy Mas , lotary Brunswick,Brunswick County, ing [phone]. Village of
NC Bald Head Island requests to re-
My commission expires December 29,2024
new permit NC0085553 for its
potable water treatment plant
located at 256 Edward Teach
Ti- "r Extension; Bald Head Island.
70109121 7ostaoos ,•�';O ,�,
�� -• - Brunswick County.This facility
BR �.' NOT r G _discharges to Marina Channel to
DEQ-Division of Water Resour ( )
1617 Mail Service Center "L: �BLfC` o Cape Fear River within the Cape
Raleign,INC 27699 : N, %,, 'Fear River Basin. The paramet-
c'. ze z��'?VJj- er Total Arsenic is water-quality
�COUt �;.�"r limited This discharge may af-
"'�� feet future wasteload allocations
in this portion of the river basin.

Docusign Envelope ID: F83C113E-FCAF-4D92-9417-DDDE542B8386
Saltwater RPA 95% Probablity/95% Confidence
MAXIMUM DATA POINTS=58
REQUIRED DATA ENTRY
Table 1. Project Information Table 2. Parameters of Concern
❑CHECK IF HQW OR ORW WQS Name WQs Type Chronic Modifier Acute PQL Units
Facility Name Bald Head Island WTP Par01 Arsenic Aquatic Life C 36 SW 69 ug/L
WWTP/WTP Class PCNC Par02 Arsenic Human Health C 10 HH ug/L
NPDES Permit NCO085553 Par03 Cadmium Aquatic Life NC 8.9 SW 40.2 ug/L
Outfall 001 Par04 Total Phenolic Compounds Aquatic Life NC 300 A 10 ug/L
Flow,Ow(MGD) 0.086 Par05 Chromium VI Aquatic Life NC 50.4 SW 1107.8 ug/L
Receiving Stream Marina Basin Channel Par06 Chromium,Total Aquatic Life NC N/A SW N/A ug/L
Stream Class SC;# Par07 Copper Aquatic Life NC 3.7 SW 5.8 ug/L
7Q10s(cfs) Modeled,Chronic Dilution Factor defined Paro8 Cyanide Aquatic Life NC 1 SW 1 10 ug/L
7Q10w(cfs) Modeled,Chronic Dilution Factor defined Par09 Lead Aquatic Life NC 8.5 SW 220.8 ug/L
30Q2(cfs) Modeled,Chronic Dilution Factor defined Par10 Mercury Aquatic Life NC 25 SW 0.5 ng/L
QA(cfs) Modeled,Chronic Dilution Factor defined Parll Molybdenum Human Health NC 2.0 HH mg/L
1Q10s(cfs) Modeled,Chronic Dilution Factor defined Par12 Nickel Aquatic Life NC 8.3 SW 74.7 ug/L
CHRONIC IWC%=10 Par13 Selenium Aquatic Life NC 71 SW ug/L
CHRONIC DILUITION FACTOR= 10.0 Par14 Silver Aquatic Life NC 0.1 SW 2.2 ug/L
Data Source(s) BIMS database Average flow(Jan202O-Sep2O23) Par15 Zinc Aquatic Life NC 85.6 SW 95.1 ug/L
PMEM � =0.086 MGD to outfall under tidal conditions. Par18
To apply a Model IWC%:Enter Dilution ratios revised in accord with previous
the Flow, Qw,(MGD)"and the approved studies conducted during the previous Par17
"CHRONIC DILUTION FACTOR permit cycle by DEQ/DW R Par18
_"values and the CHRONIC Saltwater streams are tidal resulting in all1WC%=100%. Par19
IWC% is calculated and If an approved model is conducted then a chronic dilution
displayed. The CHRONIC IWC% Par20
is automatically applied to factor is determined and can be applied to a discharge to
calculate the parameter's calculate its IWC%.If a stream is classified as a SA or Par21
Allowable Cw values both chronic ORIN then its is also classified as a HQW.The appropriate Par22
and acute. IWC%must be defined to properly calculate WQS-based
limits. NOTE:The aquatic life chronic and acute WQS for several metals are calculated based on EPA conversion
"Diss.SW stds.As TM"for more details and summary of calculated WQS..
Parameters of Concern-This Permit.
85553 RPA pg 1 REVISED DILUTION-Bald Head WTP-Metals 26Jan2024,input
3/12/2024

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REASONABLE POTENTIAL ANALYSIS - DATA
Arsenic Values"then"COPY" Copper Values"then"COPY"
.Maximum data .Maximum data
points=58 points=58
Date Data BDL=1/2DL Results Date Data BDL=1/2DL Results
1 1/8/2020 < 10 5 Std Dev. 18.6636 1 1/8/2020 < 10 5 Std Dev. 1.0140
2 2/5/2020 < 10 5 Mean 10.3019 2 2/5/2020 < 10 5 Mean 5.0111
3 2/26/2020 < 10 5 C.V. 1.8117 3 2/26/2020 < 10 5 C.V. 0.2024
4 3/10/2020 < 10 5 n 53 4 3/10/2020 < 10 5 n 45
5 3/17/2020 < 10 5 5 3/17/2020 < 10 5
6 3/24/2020 < 10 5 Mult Factor= 1.0600 6 3/24/2020 < 10 5 Mult Factor= 1.0300
7 3/31/2020 < 10 5 Max.Value 101.0 ug/L 7 3/31/2020 < 10 5 Max.Value 10.00 ug/L
8 4/8/2020 < 10 5 Max.Pred Cw 107.1 ug/L 8 4/8/2020 < 10 5 Max.Pred Cw 10.30 ug/L
9 4/15/2020 < 10 5 9 4/15/2020 < 10 5
10 4/21/2020 < 10 5 10 4/21/2020 < 10 5
11 4/28/2020 < 10 5 11 4/28/2020 < 10 5
12 5/19/2020 < 10 5 12 5/19/2020 < 10 5
13 6/10/2020 < 10 5 13 6/10/2020 < 10 5
14 7/8/2020 < 10 5 14 7/8/2020 < 10 5
15 8/25/2020 < 10 5 15 8/25/2020 < 10 5
16 9/22/2020 < 10 5 16 9/22/2020 < 10 5
17 10/7/2020 < 10 5 17 10/7/2020 < 10 5
18 11/10/2020 < 10 5 18 11/10/2020 < 10 5
19 12/8/2020 19 19 19 12/8/2020 < 10 5
20 12/30/2020 < 10 5 20 12/30/2020 < 10 5
21 1/20/2021 < 10 5 21 1/20/2021 < 10 5
22 2/2/2021 < 10 5 22 2/2/2021 < 10 5
23 3/10/2021 < 10 5 23 3/10/2021 < 10 5
24 4/7/2021 < 10 5 24 4/7/2021 < 10 5
25 5/13/2021 < 10 5 25 5/13/2021 < 10 5
26 6/15/2021 16 16 26 6/15/2021 < 10 5
27 7/12/2021 < 10 5 27 7/12/2021 < 10 5
28 8/25/2021 < 10 5 28 8/25/2021 < 10 5
29 9/8/2021 < 10 5 29 9/8/2021 < 1 0.5 units reporting error(mg/L)?
30 10/6/2021 23 23 30 10/6/2021 < 10 5
31 11/24/2021 < 10 5 31 11/24/2021 10 10
32 12/15/2021 < 10 5 32 12/15/2021 < 10 5 units reporting error(mg/L)?
33 1/12/2022 < 10 5 33 1/12/2022 < 10 5
34 2/10/2022 < 10 5 34 2/10/2022 < 10 5 units reporting error(mg/L)?
35 3/9/2022 22 22 35 3/9/2022 < 10 5
36 4/7/2022 < 10 5 36 4/7/2022 < 10 5 units reporting error(mg/L)?
37 5/18/2022 6 6 units reporting error(mg/L)? 37 5/18/2022 < 10 5 units reporting error(mg/L)?
38 6/14/2022 < 10 5 38 6/14/2022 < 10 5
39 7/12/2022 < 10 5 39 7/12/2022 < 10 5
40 8/10/2022 15 15 units reporting error(mg/L)? 40 8/10/2022 < 10 5
41 9/19/2022 < 10 5 41 9/19/2022 < 10 5
42 10/4/2022 101 101 units reporting error(mg/L)? 42 10/4/2022 < 10 5
43 11/15/2022 < 10 5 43 11/15/2022 < 10 5
44 12/6/2022 11 11 44 12/6/2022 < 10 5
45 1/10/2023 101 101 units reporting error(mg/L)? 45 1/10/2023 < 10 5
46 2/7/2023 < 10 5 46 2/7/2023
47 3/14/2023 < 10 5 47 3/14/2023
48 4/5/2023 < 10 5 48 4/5/2023
49 5/10/2023 15 15 49 5/10/2023
50 6/13/2023 7 7 50 6/13/2023
51 7/5/2023 < 10 5 51 7/5/2023
52 8/2/2023 < 10 5 52 8/2/2023
53 9/26/2023 < 10 5 53 9/26/2023
54 54
55 UoM corrections mg/L vs ug/L 55
56 56
57 57
58 58
85553 RPA pg 2 REVISED DILUTION-Bald Head WTP-Metals 26Jan2024,data
Date)

Docusign Envelope ID: F83C113E-FCAF-4D92-9417-DDDE542B8386
REASONABLE POTENTIAL ANALYSIS - DATA
Zinc Values"then"COPY"
.Maximum data
points=58
Date Data BDL=1/2DL Results
1 1/8/2020 < 10 5 Std Dev. 12.8282
2 2/5/2020 < 10 5 Mean 9.7789
3 3/10/2020 < 10 5 C.V. 1.3118
4 4/15/2020 < 10 5 n 45
5 5/19/2020 < 10 5
6 6/10/2020 < 10 5 Mult Factor= 1.1300
7 7/8/2020 12 12 Max.Value 64.0 ug/L
8 8/25/2020 < 10 5 Max.Pred Cw 72.3 ug/L
9 9/22/2020 10 10
10 10/7/2020 27 27
11 11/10/2020 < 10 5
12 12/8/2020 < 10 5
13 1/20/2021 < 10 5
14 2/2/2021 < 10 5
15 3/10/2021 < 10 5
16 4/7/2021 < 10 5
17 5/13/2021 15 15
18 6/15/2021 19 19
19 7/12/2021 < 10 5
20 8/25/2021 < 10 5
21 9/8/2021 < 10 5
22 10/6/2021 < 10 5
23 11/24/2021 < 20 10 units reporting error(mg/L)?
24 12/15/2021 < 10 5
25 1/12/2022 < 10 5
26 2/10/2022 20 20
27 3/9/2022 < 10 5
28 4/7/2022 62 62
29 5/18/2022 < 10 5 units reporting error(mg/L)?
30 6/14/2022 < 10 5
31 7/12/2022 64 64
32 8/10/2022 < 0.1 0.05
33 9/19/2022 < 10 5
34 10/4/2022 < 10 5 units reporting error(mg/L)?
35 11/15/2022 < 10 5
36 12/6/2022 < 10 5 units reporting error(mg/L)?
37 1/10/2023 < 10 5 units reporting error(mg/L)?
38 2/7/2023 < 10 5
39 3/14/2023 < 10 5
40 4/5/2023 < 10 5
41 5/10/2023 < 10 5
42 6/13/2023 12 12
43 7/5/2023 < 10 5
44 8/2/2023 24 24
45 9/26/2023 < 10 5
46
47
48
49
50
51
52
53
54
55
56
57
58
85553 RPA pg 2 REVISED DILUTION-Bald Head WTP-Metals 26Jan2024,data
Date)

Docusign Envelope ID: F83C113E-FCAF-4D92-9417-DDDE542B8386
Bald Head Island WIP Outfall 001
NCO085553 Saltwater RPA 95% Probablity/95% Confidence Qw = 0.086 MGD
MAXIMUM DATA POINTS = 58
Qw(MGD)= 0.09 WWTP/WTP Class: PCNC
IQIOS(cfs)= Modeled,Chronic Dilution Factor defined IWC% @ 1Q10S = 11.65863083
7Q10S(cfs)= Modeled,Chronic Dilution Factor defined IWC% @ 7QIOS— 10
7QIOW(cfs)= Modeled,Chronic Dilution Factor defined IWC%@ 7QIOW= 10
30Q2(cfs)= Modeled,Chronic Dilution Factor defined IWC%@ 30Q2= 10
Avg.Stream Flow,QA(cfs)= Modeled,Chronic Dilution Factor defined IWC%@ QA= 10
Receiving Stream: Marina Basin Channel Stream Class: SC;#
PARAMETER NC STANDARDS OR EPA CRITERIA y REASONABLE POTENTIAL RESULTS
TYPE d !Z RECOMMENDED ACTION
Aplied(1) Chronic Standa d Acute a n #Det. Max Pred Cw Allowable Cw
Acute(SW): 591.8 No RPA,Predicted Max<50%of Allowable Cw
Arsenic C 36 SW(7QIOs) 69 ug/L _ _ _ _ _ _ _ -No Monitoring required
53 11 107.1 Chronic(SW): 360.0 No RPA,Predicted Max<50%of Allowable Cw
No value>Allowable Cw -No Monitoring required
Acute: 49.75 No RPA,Predicted Max<50%of Allowable Cw
Copper NC 3.7 SW(7Q10s) 5.8 rg/L
45 1 10.30 __ _ _______ ___ -_No_Mo_nitoring required_ _ _ _ _ _
Chronic: 37.00 No RPA,Predicted Max<50%of Allowable Cw
No value>Allowable Cw -No Monitoring required
Acute: 815.7 No RPA,Predicted Max<50%of Allowable Cw
Zinc NC 85.6 SW(7Q10s) 95.1 ug/L 45 10 72.32 _ _ _ _ _ _ _ _ -_No_Monitoring required_ _ _
Chronic: 856.0 No RPA,Predicted Max<50%of Allowable Cw
No value>Allowable Cw -No Monitoring required
85553 RPA pg 3 REVISED DILUTION-Bald Head WTP-Metals 26Jan2024,rpa
Page 1 of 1 3/12/2024

Docusign Envelope ID: F83C113E-FCAF-4D92-9417-DDDE542B8386
ROY COOPER
Gover not
a
MICHAEL S REGAN
secs etarn
LINDA CULPEPPER
Water Resources bilei im Du ecloi
ENVIRONMENTAL QUALITY
December 8, 2017
Mr. Chris McCall, Interim Village Manager
The Village of Bald Head Island
PO Box 3009
Bald Head Island, NC 28461-3009
Subject: NPDES PERMIT ISSUANCE
NPDES Permit NCO085553
Bald Head Island WTP
Class PCNC
Brunswick County
Dear Mr. McCall:
Division personnel have reviewed and approved your application for renewal of the subject permit.
Accordingly, we are forwarding the attached final NPDES discharge permit. This permit is issued
pursuant to the requirements of North Carolina General Statute 143-215.1 and the Memorandum of
Agreement between North Carolina and the U.S. Environmental Protection Agency dated October 15,
2007 (or as subsequently amended).
The final permit includes the following significant changes from the existing permit:
➢ Section A. (4)has been added to require electronic submission of effluent data, and a footnote
has been added in Section A. (1). Federal regulations require electronic submittal of all
discharge monitoring reports (DMRs).
➢ Regulatory citations have been added to the permit.
➢ Outfall map has been updated.
➢ The facility name has been updated on the permit cover sheet to reflect the Divison's records.
➢ Language has been updated on the Supplement to Permit Cover Sheet based on current NPDES
permit formatting.
➢ Flow measurement frequency has been changed from weekly to continuous and sample type
changed from recorder to recording based on the maximum monthly average flow between April
2014 and April 2017 per the current water treatment plant strategy. Membrane technology water
treatment plants require continuous recording monitoring for facilities discharging> 50,000
GPD.
➢ Monitoring for temperature is no longer required, therefore it has been removed from Section A.
(1).
➢ Monitoring, limits, and an associated footnote have been added for total residual chlorine per the
current water treatment plant strategy.
➢ Monitoring has been added for turbidity per the current water treatment plant strategy
➢ Measurement frequency for pH at the effluent has been changed to 2/month per current water
treatment plant strategy.
State of North Carolina I Environmental Quality I Water Resources
1617 Mail Service Center I Raleigh,NC 27699-1617
919 807 6333 919-807-6389 FAX
https//deq nc gov/about/divisions/water-resources/water-resources-permits/wastewater-branch/npdes-wastewater-permits

Docusign Envelope ID: F83C113E-FCAF-4D92-9417-DDDE542B8386
Mr. Chris McCall
NC0085553 Issued Permit
➢ Limits have been added for Total Copper and Total Zinc based on a reasonable potential to
exceed water quality standards, and monitoring frequency has been changed to monthly.
➢ Monitoring has been added for Total Nitrogen and Total Phosphorus per the current water
treatment plant strategy.
➢ "Monitor&Report"has been added to Whole Effluent Toxicity Monitoring in the effluent table
in Section A. (1).
➢ The footnote for toxicity in Section A. (1)has been updated.
➢ A Discharge Alternatives Evaluation has been added as Section A. (3) due to a history of failed
toxicity tests.
The final permit includes the following significant changes from the draft permit:
➢ Instream monitoring for pH has been separated from effluent monitoring and the instream
monitoring frequency reduced to monthly per the current water treatment plant strategy.
Whole Effluent Toxicity test results submitted during the past three years have demonstrated that the
Water Treatment Plant's effluent is showing potential for causing aquatic toxicity in the receiving
stream. As a result,the Village of Bald Head Island shall perform a Discharge Alternatives Evaluation
as described in Section A. (3) of this permit. This evaluation is being requested to determine whether
there are any economical and technologically feasible alternatives available to the Village of Bald Head
Island to comply with all NC Water Quality Standards. The permittee will be given approximately one
permit cycle to evaluate and document possible treatment/discharge alternatives to eliminate aquatic
toxicity. The evaluation shall be submitted with the permittee's next permit renewal application and will
be carefully reviewed by the Division and the results will be used in the development of a compliance
schedule or possible variance request for the Village of Bald Head Island.
With the renewal application, a cover letter requested the removal and/or reduction of upstream and
downstream sampling requirements for conductivity and salinity. Per the current water treatment plant
strategy,monthly monitoring is required of conductivity and salinity. Therefore, these parameters will
remain in the permit at a measurement frequency of monthly.
If any parts, measurement frequencies or sampling requirements contained in this permit are
unacceptable to you, you have the right to an adjudicatory hearing upon written request within thirty
(30) days following receipt of this letter. This request must be in the form of a written petition,
conforming to Chapter 150B of the North Carolina General Statutes, and filed with the Office of
Administrative Hearings (6714 Mail Service Center,Raleigh,North Carolina 27699-6714). Unless such
demand is made,this permit shall be final and binding.
Please note that this permit is not transferable except after notice to the Division. The Division may
require modification or revocation and reissuance of the permit. This permit does not affect the legal
requirements to obtain any other Federal, State, or Local governmental permit that may be required.
If you have any questions or need additional information,please do not hesitate to contact Brianna
Young of my staff at(919) 807-6333.

Docusign Envelope ID: F83C113E-FCAF-4D92-9417-DDDE542B8386
Mr. Chris McCall
NC0085553 Issued Permit
Sincere ,
G
Linda Culpepper
Interim Director, Division of Water Resources
cc: NPDES Files
Central files
Wilmington Regional Office
ec: WSS/Aquatic Toxicology Branch
Kennith D. Bowling, Village Utilities Director [[e-mail]]

Docusign Envelope ID: F83C113E-FCAF-4D92-9417-DDDE542B8386
Permit NC0085553
STATE OF NORTH CAROLINA
DEPARTMENT OF ENVIRONMENTAL QUALITY
DIVISION OF WATER RESOURCES
PERMIT
TO DISCHARGE WASTEWATER UNDER THE
NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM
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
Village of Bald Head Island
is hereby authorized to discharge wastewater from a facility located at the
Bald Head Island WTP
256 Edward Teach Extension
Bald Head Island
Brunswick County
to receiving waters designated as Bald Head Island Marina Basin Channel in the Cape Fear River Basin
in accordance with effluent limitations,monitoring requirements, and other conditions set forth in Parts
I, II, III and IV hereof.
This permit shall become effective January 1, 2018.
This permit and authorization to dischar all expire at midnight on November 30, 2022.
Signed this day December 8, 2017.
L Culpepper
IhTerim Director,Division of Water Resources
By Authority of the Environmental Management Commission
Page 1 of 9

Docusign Envelope ID: F83C113E-FCAF-4D92-9417-DDDE542B8386
Permit NCO085553
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 Village of Bald Head Island
is hereby authorized to:
1. Continue to operate a Water Treatment Plant with a discharge of Reverse Osmosis (RO) wastewater
concentrate. This water treatment plant currently has a design potable flowrate of 0.288 MGD and a
maximum,monthly average wastewater discharge of 0.0706 MGD. This facility is located at Village
of Bald Head Island WTP, 256 Edward Teach Extension, Bald Head Island in Brunswick County.
Wastewater treatment consists of:
• Antiscalant injection system
• Two (2) 0.101 MGD capacity primary RO systems with reject water flow totalizer
• One(1) 0.086 MGD capacity polishing RO system with reject water flow totalizer
2. Discharge from said treatment works at the location specified on the attached map into Bald Head
Island Marina Basin channel [Stream Segment: 18-88-8-5], a waterbody currently classified SC:#
waters within subbasin 03-06-17 [HUC: 0303000508] in the Cape Fear River Basin.
Page 2 of 9

Docusign Envelope ID: F83C113E-FCAF-4D92-9417-DDDE542B8386
Permit NCO085553
PART I.
A. (1) EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS
[15A NCAC 02B .0400 et seq., 02B .0500 et seq.]
During the period beginning on the effective date of this permit and lasting until expiration,the Permittee
is authorized to discharge reverse osmosis reject water from Outfall 001. Such discharges shall be limited
and monitored' by the Permittee as specified below:
EFFLUENT CHARACTERISTICS EFFLUENT LIMITS MONITORING REQUIREMENTS
Parameter Code Monthly Daily Measurement Sample Sample
Average Maximum Frequency Type Location 2
Flow 50050 Continuous Recording E
Dissolved Oxygen, m /L 00300 Monthly Grab E, U, D
Salinity, ppt 00480 Monthly Grab E, U, D
.Conductivity, mhos/cm 00094 Monthly Grab E, U, D
pH 00400 Not less than 6 8 S U. nor 2/month Grab E
greater than 8 5 S.U.
H 00400 1 Monthly Grab U, D
Total Residual Chlorine 3 50060 13 /L 2/month Grab E
Total Dissolved Solids, m /L 70295 Monthly Grab E
Turbidity 00070 Monthly Grab E
Total Arsenic 01002 10 /L 10 /L Monthly Grab E
Total Copper, /L 01042 3.70 /L 5.80 /L Monthly Grab E
Total Chloride, m /L 00940 Monthly Grab E
Total Zinc, /L 01092 85.6 /L 95.1 /L Monthly Grab E
Ammonia Nitrogen, m /L C0610 Monthly Grab E
Total Nitrogen TP C0600 Quafterly Grab E
Total Phosphorus TP C0665 Quarterly Grab E
Whole Effluent Toxicity 4 TGE3E Monitor&Report Quarterly I Grab E
Footnotes:
1. The permittee shall submit discharge monitoring reports electronically using the Division's eDMR system[see
Special Condition A. (4)].
2. E=Effluent,U at least 50 feet from the channel discharge location towards the Cape Fear River,D at least 100
feet from the channel discharge location towards Bald Head Island Marina.
3. Lima and monitor only if the facility adds chlorine or chlorine derivatives to water that is eventually discharged.
The Division shall consider all effluent TRC values reported below 50 µg/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 µg/L.
4. Acute Toxicity 24-hr Pass/fail Monitoring: January, April, July, and October. Permittee shall use
mysid shrimp as the test organism unless another organism of equal or greater sensitivity is deemed
more appropriate based on the characteristics of the discharge and receiving stream. See Special
condition A. (2) for details.
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

Docusign Envelope ID: F83C113E-FCAF-4D92-9417-DDDE542B8386
Permit NCO085553
A. (2)ACUTE TOXICITY MONITORING(QUARTERLY)
[15A NCAC 02B .0500 et seq.]
The permittee shall conduct acute toxicity tests on a quarterly basis using protocols defined in the North
Carolina Procedure Document entitled "Pass/Fail Methodology For Determining Acute Toxicity In A
Single Effluent Concentration" (Revised December 2010 or subsequent versions). The monitoring shall
be performed as a Mysid Shrimp (Mysidopsis bahia) 24 hour static test. The effluent concentration at
which there may be at no time significant acute mortality is 90%(defined as treatment two in the procedure
document).Effluent samples for self-monitoring purposes must be obtained during representative effluent
discharge below all waste treatment. 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.
All toxicity testing results required as part of this permit condition will be entered on the Effluent
Discharge Monitoring Form (MR-1) for the month in which it was performed, using the parameter code
TGE3E. Additionally, DWQ Form AT-2 (original)is to be sent to the following address:
Attention: North Carolina Division of Water Quality
Environmental Sciences Section
1621 Mail Service Center
Raleigh,North Carolina 27699-1621
Completed Aquatic Toxicity Test Forms shall be filed with the Environmental 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
Environmental 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. Assessment of toxicity compliance is based on the
toxicity testing quarter, which is the three month time interval that begins on the first day of the month in
which toxicity testing is required by this permit and continues until the final day of the third month.
Should any test data from either these monitoring requirements or tests performed by the North Carolina
Division of Water Quality 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

Docusign Envelope ID: F83C113E-FCAF-4D92-9417-DDDE542B8386
Permit NCO085553
If the Permittee monitors any pollutant more frequently then required by this permit, the results of such
monitoring shall be included in the calculation and reporting of the data submitted on the DMR and AT
Forms.
NOTE: Failure to achieve test conditions as specified in the cited document, such as minimum control
organism survival 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.
USE OF A DIFFERENT TEST ORGANISM
The permittee may request the use of a different test organism upon documentation that the alternate test
organism would provide an equal or greater level of protection and is appropriate based on the
characteristics of the discharge and receiving stream. Such documentation would consist of one of the
following:
1. For saltwater classified streams, a fathead minnow may be assigned as the acute testing species if
the salinity of the receiving stream at the point of discharge is <5 ppt throughout the tidally
influenced cycle. This determination may be based on the best professional judgment of DWQ
staff or data collection provided by the permittee and approved by DWQ staff. This evaluation
should include vertical profiles of salinity/conductivity measurements at both high tide and low
tide over several 24 hr cycles.
2. Three consecutive"side-by-side"tests with results indicating that the alternate test organism is as
or more sensitive to the facility's effluent. Each test series would consist of two separate toxicity
tests conducted on the same sample of effluent with the length of exposure specified by the permit,
the only difference between the tests being the organism used.
3. An alternate plan developed by the permittee and approved by the Aquatic Toxicology Unit that
demonstrates an equal level of protection is offered by the test organism.
For items 2 and 3, it must also be demonstrated that viable and standardized culture techniques are
available for that organism and standardized testing methodologies have been developed and
validated. This demonstration should meet guidance provided by EPA in Section 6 of EPA-821-R-02-
012, Short Term Methods for Estimating the Acute Toxicity of Effluents and Receiving Waters to
Freshwater Organisms. Fifth Edition, 2002.
A. (3) DISCHARGE ALTERNATIVES EVALUATION
The Permittee shall assess potential alternatives to eliminate Whole Effluent Toxicity(WET)test failures.
This evaluation shall assess the feasibility of all the following alternatives.
1. Connect discharge to a WWTP: Determine whether the wastewater can be discharged to a wastewater
treatment plant. Approval or disapproval from the plant operator should be acquired.
2. Obtain a Non-discharge permit: Eliminate the surface water discharge by obtaining a non-discharge
permit for spray irrigation, infiltration, or subsurface disposal (on-site drainfield,
infiltration gallery, injection wells).
Page 5 of 9

Docusign Envelope ID: F83C113E-FCAF-4D92-9417-DDDE542B8386
Permit NCO085553
3. Install Wastewater Treatment: Install improved wastewater treatment to enable the facility effluent to
consistently pass the WET test. If this is not technically feasible or cost prohibitive,
please explain and provide estimated costs.
4.Use Alternative Water Treatment Source: Obtain drinking water from another source(nearest
County, City, or Town or other wells) so the discharge or toxicity problem is
eliminated.
5. Use Alternative Water Treatment Method: Install alternative and/or innovative water treatment
methods or operational improvements that do not produce toxic wastewaters. For
example, install a recycle iron/manganese filtration system with no discharge or
combine discharge with WWTP or cooling water effluents.
6.Discharge to a Larger waterbodv/Perform a dilution model: Relocate the facility's discharge to a
larger receiving waterbody to eliminate or reduce toxic impacts to the receiving
waterbody given the increased dilution. If applicable,perform a dilution model to
receive allowance for stream dilution in WET test.
7. Combination of Alternatives: Employ any combination of the alternatives listed above that would
result in eliminating or decreasing toxicity until a more feasible solution becomes
available.
The evaluation shall include a present value of costs analysis for all technologically feasible options as
outlined in the Division's"Engineering Alternatives Analysis Guidance Document." This Document can be
found at: htti)://Portal.ncdenr.org/web/wq/sLvp/Ts/Udes/Termits.
This evaluation is being requested to determine whether there are any economical and technologically
feasible alternatives available to the Permittee to address aquatic toxicity in the plant effluent. Based upon
the evaluation,please identify viable alternatives and present an implementation schedule and project
timeline for the preferred alternative. The Permittee shall submit the Discharge Alternatives Evaluation to the
Division along with the submission of their next permit renewal application(due 6 months prior to permit
expiration on November 30, 2022)to:
NC DENR/Division of Water Resources/Water Quality Permitting
NPDES,Wastewater Branch
1617 Mail Service Center,Raleigh,NC 27699-1617
A. (4) ELECTRONIC REPORTING OF MONITORING REPORTS
[NCGS 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
Page 6 of 9

Docusign Envelope ID: F83C113E-FCAF-4D92-9417-DDDE542B8386
Permit NC0085553
• Section E. (5.) Monitoring Reports
1. Reporting Requirements [Supersedes Section D. (2.) and Section E. (5.) (a)1
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. Until such time that the state's eDMR
application is compliant with EPA's Cross-Media Electronic Reporting Regulation(CROMERR),
permittees will be required to submit all discharge monitoring data to the state electronically using
eDMR and will be required to complete the eDMR submission by printing, signing, and submitting one
signed original and a copy of the computer printed eDMR 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
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 mailing address above. See
"How to Request a Waiver from Electronic Reporting" section below.
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 21,2020, 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.
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)].
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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.federalregister.gov/documents/2015/10/22/2015-24954/national-
pollutant-discharge-elimination-s st�pdes-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:
htlp://deq.ne.gov/about/divisions/water-resources/edmr
4. Signatory Requirements [Supplements Section B. (11.) (b) and Supersedes Section B. (11.) (d)1
All eDMRs submitted to the permit issuing authority shall be signed by a person described in Part II,
Section B. (I 1.)(a) or by a duly authorized representative of that person as described in Part II, Section
B. (11.)(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:
http://deq.nc.gov/about/divisions/water-resources/edmr
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:
7 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
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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].
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I
i Cape Fear River
Discharge '
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NPDES Permit NCO085553
Facility Location
Receiving Stream: Bald Head Island Marina Basin Stream Class:SC scale not shown
Stream Segment: 18-88-8-5 Sub-Basin#:03-06-17
River Basin:Cape Fear HUC:0303000508 SCALE USGS Quad:Southport
County: Brunswick 1:24,000 33.87694°,-78.00111°

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PART II
STANDARD CONDITIONS FOR NPDES PERMITS
Section A. Definitions
2/Month
Samples are collected twice per month with at least ten calendar days between sampling events These samples shall be
representative of the wastewater discharged during the sample period
3/Week
Samples are collected three times per week on three separate calendar days These samples shall be representative of
the wastewater discharged during the sample period
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
Annual Average
The arithmetic mean of all"daily discharges" of a pollutant measured during the calendar year. In the case of fecal
coliform,the geometric mean of such discharges
Arithmetic Mean
The summation of the individual values divided by the number of individual values
Bypass
The known diversion of waste streams from any portion of a treatment facility including the collection system,which is
not a designed or established or operating mode for the facility
Calendar Day
The period from midnight of one day until midnight of the next day However,for purposes of this permit,any
consecutive 24-hour period that reasonably represents the calendar day may be used for sampling
Calendar Week
The period from Sunday through the following Saturday
Calendar Quarter
One of the following distinct penods: January through March,April through June,July through September,and
October through December
Composite Sample
A sample collected over a 24-hour period by continuous sampling or combining grab samples of at least 100 mL in
such a manner as to result in a total sample representative of the wastewater discharge during the sample period The
Director may designate the most appropriate method(specific number and size of aliquots necessary,the time interval
between grab samples, etc)on a case-by-case basis Samples may be collected manually or automatically Composite
samples may be obtained by the following methods
(1) Continuous a single,continuous sample collected over a 24-hour period proportional to the rate of flow
(2) Constant tune/variable volume a series of grab samples collected at equal time intervals over a 24 hour period
of discharge and combined proportional to the rate of flow measured at the time of individual sample
collection, or
(3) Variable time/constant volume a series of grab samples of equal volume collected over a 24 hour period with
the time intervals between samples determined by a preset number of gallons passing the sampling point Flow
measurement between sample intervals shall be deterinined by use of a flow recorder and totalizer,and the
preset gallon interval between sample collection fixed at no greater than 1/24 of the expected total daily flow at
the treatment system, or
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6
(4) Constant tune/constant volume. a series of grab samples of equal volume collected over a 24-hour period at a
constant time interval.Use of this method requires prior approval by the Director.This method may only be
used in situations where effluent flow rates vary less than 15 percent.The following restrictions also apply:
➢ Influent and effluent grab samples small be of equal size and of no less than 100 milliliters
➢ Influent samples shall not be collect�d more than once per hour.
➢ Pernuttees with wastewater treatment systems whose detention time<24 hours shall collect effluent grab
samples at intervals of no greater than 20 minutes apart during any 24-hour period
➢ Permittees with wastewater treatment systems whose detention tune exceeds 24 hours shall collect effluent
grab samples at least every six hours,there must be a minimum of four samples during a 24-hour sampling
period.
Continuous flow measurement
Flow monitoring that occurs without interruption throughout the operating hours of the facility Flow shall be
monitored continually except for the mfrequent t es when there may be no flow or for infrequent maintenance
activities on the flow device.
Daily Discharge
The discharge of a pollutant measured during a calendar day or any 24-hour period that reasonably represents the
calendar day for purposes of sampling For pollutants measured in units of mass,the"daily discharge"is calculated as
the total mass of the pollutant discharged over thy day For pollutants expressed in other units of measurement,the
"daily discharge"is calculated as the average measurement of the pollutant over the day (40 CFR 122.2, see also
"Composite Sample,"above)
Daily Maximum
The highest"daily discharge"during the calendar month.
Daily Sampling
Parameters requiring daily sampling shall be sampled 5 out of every 7 days per week unless otherwise specified in the
permit Sampling shall be conducted on weekdays except where holidays or other disruptions of normal operations
prevent weekday sampling. If sampling is required for all seven days of the week for any penmt parameter(s),that
requirement will be so noted on the Effluent Limitations and Monitoring Page(s).
DWR or"the Division"
The Division of Water Resources,Department o Environment and Natural Resources
Effluent
Wastewater discharged following all treatment processes from a water pollution control facility or other point source
whether treated or untreated
EMC
The North Carolina Environmental Management Commission
EPA
The United States Environmental Protection Age cy
Facility Closure
Cessation of all activities that require coverage der this NPDES permit. Completion of facility closure will allow this
permit to be rescinded
Geometric Mean
The Nth root of the product of the individual valt es where N=the number of individual values For purposes of
calculating the geometric mean,values of"0"(o "< [detection level]")shall be considered= 1
Grab Sample
Individual samples of at least 100 mL collected over a period of time not exceeding 15 minutes. Grab samples can be
collected manually. Grab samples must be representative of the discharge(or the receiving stream,for instream
samples).
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Hazardous Substance
Any substance designated under 40 CFR Part 116 pursuant to Section 311 of the CWA
Instantaneous flow measurement
The flow measured during the minimum time required for the flow measuring device or method to produce a result in
that instance To the extent practical,instantaneous flow measurements comcide with the collection of any grab
samples required for the same sampling period so that together the samples and flow are representative of the discharge
during that sampling period.
Monthly Average(concentration limit)
The arithmetic mean of all"daily discharges"of a pollutant measured during the calendar month.In the case of fecal
coliform or other bacterial parameters or indicators,the geometric mean of such discharges
Permit Issuing Authon
The Director of the Division of Water Resources
Quarterly Average(concentration limit)
The arithmetic mean of all samples taken over a calendar quarter.
Severe property damage
Substantial physical damage to property, damage to the treatment facilities which causes them to become inoperable,or
substantial and permanent loss of natural resources which can reasonably be expected to occur in the absence of a
bypass Severe property damage excludes economic loss caused by delays in production
Toxic Pollutant
Any pollutant listed as toxic under Section 307(a)(1)of the CWA
Upset
An incident beyond the reasonable control of the Permittee causing unintentional and temporary noncompliance with
permit effluent limitations and/or monitoring requirements An upset does not include noncompliance caused by
operational error,improperly designed treatment facilities,inadequate treatment facilities,lack of preventive
maintenance,or careless or improper operation.
Weekly verag_e(concentration limit)
The arithmetic mean of all"daily discharges" of a pollutant measured during the calendar week In the case of fecal
coliform or other bacterial parameters or indicators,the geometric mean of such discharges
Section B. General Conditions
1 Duty to Comply
The Permittee must comply with all conditions of this permit Any permit noncompliance constitutes a violation of
the CWA and is grounds for enforcement action,for permit termination,revocation and reissuance,or
modification; or denial 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 mcorporate 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 permmt 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)]
c The CWA provides that any person who negligently violates sections 301, 302,3067 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
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imprisonment of not more than 1 ear, o�both.In the case of a second or subsequent conviction for a negligent
P Y � q
violation,a person shall be subject to criminal penalties of not more than$50,000 per day of violation,or by
nnpnsonment 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'I(a)(2)]
e. Any person who knowingly violates sect�on 301, 302,303,306,307,308,318 or 405 of the Act,or any permit
condition or limitation implementing any of such sections in a permit issued under section 402 of the Act,and
who knows at that time that he thereby places another person in imminent danger of death or serious bodily
mjury,shall,upon conviction,be subject to a fine of not more than$250,000 or imprisonment of not more than
15 years, or both In the case of a second or subsequent conviction for a knowing endangerment violation,a
person shall be subject to a fine of not more than$500,000 or by imprisonment of not more than 30 years, or
both.An organization,as defined in section 309(c)(3)(B)(111)of the CWA, shall,upon conviction of violating
the imminent 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 than$25,000 per violation may be assessed against any person
who violates or fails to act inaccordance with the terms, conditions,or requirements of a permit [North
Carolina General Statutes § 143-215 6A]
g. Any person may be assessed an administrative penalty by the Administrator for violating section 301, 302,
306, 307, 308, 318 or 405 of this Act,orany pennrt condition or limitation implementing any of such sections
in a permit issued under section 402 of this Act Administrative penalties for Class I violations are not to
exceed$16,000 per violation,with the maximum.amount of any Class I penalty assessed not to exceed
$37,500.Penalties for Class II violations are not to exceed$16,000 per day for each day during which the
violation continues,with the maximum amount of any Class II penalty not to exceed$177,500 [33 USC
1319(g)(2)and 40 CFR 122.41(a)(3)]
2 Duty to Mitigate
The Permittee shall take all reasonable steps to mmunize 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
Except as provided in permit conditions on'Bypassing" (Part H.C.4),"Upsets"(Part H.C.5)and'Power Failures"
(Part H.C.7),nothing in this permit shall be construed to relieve the Permittee from any responsibilities,liabilities,
or penalties for noncompliance pursuant to I CGS 143-215 3, 143-215 6 or Section 309 of the Federal Act, 33 USC
1319.Furthermore,the Permittee is response le for consequential damages, such as fish kills, even though the
responsibility for effective compliance may be temporarily suspended.
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 penal ies to which the Pernuttee is or may be subject to under NCGS 143-
215 75 et seq or Section 311 of the Federal ct, 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 ny property rights in either real or personal property,or any exclusive
privileges,nor does it authorize any mjury to private property or any invasion of personal rights,nor any
infrmgement of Federal, State or local laws cr 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 a>�y navigable waters
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7. Severabihty
The provisions of this permit are severable.If any provision of this permit, or the application of any provision of
this permit to any circumstances, is held invalid,the application of such provision to other circumstances, and the
remainder of this permit, shall not be affected thereby[NCGS 15013-23].
8 Du1y to Provide Information
The Permittee shall furnish to the Penmt Issuing Authority,within a reasonable time, any information which the
Permit Issuing Authority may request to determine whether cause exists for modifying,revoking and reissuing,or
terminating this permit or to determine compliance with this permit The Permittee shall also furnish to the Permit
Issuing Authority upon request,copies of records required by this permit[40 CFR 122 41(h)]
9 Duty to Reapply
If the Permittee wishes to continue an activity regulated by this permit after the expiration date of this pernut, the
Permittee must apply for and obtain a new permit[40 CFR 122.41(b)].
10 Expiration of Pen-nit
The Permittee is not authorized to discharge after the expiration date In order to receive automatic authorization to
discharge beyond the expiration date,the Permittee shall submit such information,forms, and fees as are required
by the agency authorized to issue permits no later than 180 days prior to the expiration date unless permission for a
later date has been granted by the Director (The Director shall not grant permission for applications to be
submitted later than the expiration date of the existing permit.) [40 CFR 122 21(d)]Any Permittee that has 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 mrtratmg and directing other 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 above 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 positron having responsibility for the overall operation
of the regulated facility or activity, such as the positron of plant manager, operator of a well or well field,
superintendent,a positron of equivalent responsibility, or an individual or positron having overall
responsibility for environmental matters for the company (A duly authorized representative may thus be
either a named individual or any individual occupying a named positron),and
(3) The written authorization is submitted to the Pen-nit Issuing Authority[40 CFR 122.221
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c Changes to authorization: If an authorization under paragraph(b)of this section is no longer accurate because
a different individual or position has responsibility for the overall operation of the facility,a new authorization
satisfying the requirements of paragraph(b)of this section must be submitted to the Director prior to or
together with any reports,information,or applications to be signed by an authorized representative [40 CFR
122 22]
d. Certification Any person signing a document under paragraphs a or b of this section shall make the following
certification[40 CFR 122.221 NO OTHER STATEMENTS OF CERTIFICATION WILL BE ACCEPTED:
V 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 qual f ed 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 "
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(f)]
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 02H 0100; and North Carolina General Statute 143.215 1 et al
14 Annual Administering and Compliance Monitoring Fee Requirements
The Permittee must pay the annual administering and compliance monitoring fee within thirty days after being
billed by the Division Failure to pay the fee in a timely manner in accordance with 15A NCAC 02H 0105(b)(2)
may cause this Division to mitiate action to revoke the permit
Section C. Operation and Maintenance of Pollution Controls
1 Certified Operator
Owners of classified water pollution control systems must designate operators, certified by the Water Pollution
Control System Operators Certification Commission(WPCSOCC),of the appropriate type and grade for the
system, and,for each classification must[T15A NCAC 08G 0201].
1
a designate one Operator In Responsible Charge(ORC)who possesses a valid certificate of the type and grade at
least equivalent to the type and grade of the system,
b designate one or more Back-up Operator(s)in Responsible Charge(Back-up ORCs)who possesses a valid
certificate of the type of the system and no more than one grade less than the grade of the system,with the
exception of no backup operator in responsible charge is required for systems whose mmimum visitation
requirements are twice per year; and
c submit a signed completed"Water Pollution Control System Operator Designation Form"to the Commission
(or to the local health department for owners of subsurface systems)countersigned by the designated certified
operators,designating the Operator in esponsible Charge(ORC)and the Back-up Operator in Responsible
Charge(Back-up ORC).
(1) 60 calendar days prior to wastewater or residuals being introduced into a new system, or
(2) within 120 calendar days following
➢ receiving notification of a change in the classification of the system requiring the designation of a new
Operator in Responsible Charge(ORC)and Back-up Operator in Responsible Charge(Back-up ORC)
of the proper type and grade, or
➢ a vacancy in the position of Operator in Responsible Charge(ORC)or Back-up Operator in
Responsible Charge(Back-up ORC).
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(3) within seven calendar days of vacancies in both ORC and Back-up ORC positions replacing or designating
at least one of the responsibilities
The ORC of each Class I facility(or the Back-up ORC,when acting as surrogate for the ORC)must
➢ Visit the facility as often as is necessary to insure proper operation of the treatment system, the treatment
facility must be visited at least weekly
➢ Comply with all other conditions of 15A NCAC 08G 0204
The ORC of each Class II, III and IV facility(or the Back-up ORC,when acting as surrogate for the ORC)must
➢ Visit the facility as often as is necessary to insure proper operation of the treatment system,the treatment
facility must be visited at least five days per week, excluding holidays
➢ Properly manage and document daily operation and maintenance of the facility
➢ Comply with all other conditions of 15A NCAC 08G 0204
2 Proper Operation and Maintenance
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)]
NOTE Properly and officially designated operators are fully responsible for all proper operation and maintenance
of the facility, and all documentation required thereof,whether acting as a contract operator[subcontractor] or a
member of the Permittee's staff.
3 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)].
4 Bypassing of Treatment Facilities
a Bypass not exceeding limitations [40 CFR 122 41(m)(2)]
The Permittee may allow any bypass to occur which does not cause effluent limitations to be exceeded,but
only if it also is for essential maintenance to assure efficient operation These bypasses are not subject to the
provisions of Paragraphs b and c of this section
b Notice [40 CFR 122 41(m)(3)]
(1) Anticipated bypass.If the Permittee knows in advance of the need for a bypass, it shall submit prior notice,
if possible at least ten days before the date of the bypass, including an evaluation of the anticipated quality
and effect of the bypass.
(2) Unanticipated bypass The Permittee shall submit notice of an unanticipated bypass as required in Part
lI E 6 (24-hour notice)
c Prohibition of Bypass
(1) Bypass from the treatment facility is prohibited and the Permit Issuing Authority may take enforcement
action against a Permittee for bypass,unless
(A) Bypass was unavoidable to prevent loss of life,personal injury or severe property damage,
(B) There were no feasible alternatives to the bypass,such as the use of auxiliary treatment facilities,
retention of untreated wastes or maintenance during normal periods of equipment downtime This
condition is not satisfied if adequate backup 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 preventive maintenance, and
(C) The Permittee submitted notices as required under Paragraph b of this section
(2) Bypass from the collection system is prohibited and the Permit Issuing Authority may take enforcement
action against a Permittee for a bypass as provided in any current or future system-wide collection system
permit associated with the treatment facility
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(3) The Permit Issumg Authority may approve an anticipated bypass,after considering its adverse effects,if
the Permit Issuing Authority detenn!mes that it will meet the three conditions listed above in Paragraph c
(1) of this section.
5 Upsets
a Effect of an upset[40 CFR 122 41(n)(2)]. An upset constitutes an affirmative defense to an action brought for
noncompliance with such technology based permit effluent limitations if the requirements of paragraph b. of
this condition are met No determination made during administrative review of claims that noncompliance was
caused by upset, and before an action for noncompliance, is final administrative action subject to judicial
review
b Conditions necessary for a demonstration of upset:Any Permittee who wishes to establish the affirmative
defense of upset shall demonstrate,through properly signed, contemporaneous operating logs,or other relevant
evidence that
(1)An upset occurred and that the Permittee can identify the cause(s)of the upset,
(2)The Pennittee facility was at the time being properly operated, and
(3)The Permittee submitted notice of the upset as required in Part II E.6.(b)of this permit.
(4)The Permittee complied with any remedial measures required under Part II B.2 of this permit
c. Burden of proof[40 CFR 122 41(n)(4)]: The Pennittee seeking to establish the occurrence of an upset has
the burden of proof in any enforcement proceeding
6. Removed Substances
Solids, sludges,filter backwash,or other pollutants removed in the course of treatment or control of wastewaters
shall be utilized/disposed of in accordance with NCGS 143-215 1 and in a manner such as to prevent any pollutant
from such materials from entering waters of the State or navigable waters of the United States except as permitted
by the Commission.The Permittee shall comply with all applicable state and Federal regulations governing the
disposal of sewage sludge,including 40 CFR 503, Standards for the Use and Disposal of Sewage Sludge,40 CFR
Part 258, Cntena For Municipal Solid Waste Landfills; and 15A NCAC Subchapter 2T,Waste Not Discharged To
Surface Waters.The Pennittee shall notify the Permit Issumg Authority of any significant change in its sludge use
or disposal practices.
7 Power Failures
The Permittee is responsible for maintaining adequate safeguards(as required by 15A NCAC 02H 0124)to
prevent the discharge of untreated or inadequately treated wastes during electrical power failures either by means
of alternate power sources, standby generators or retention of inadequately treated effluent
Section D. Monitorinji and Records
1 Representative Sampling
Samples collected and measurements taken,as required herein,shall be representative of the permitted discharge
Samples collected at a frequency less than daily shall be taken on a day and time that is representative of the
discharge for the period the sample represents All samples shall be taken at the monitoring points specified in this
pen-nit and,unless otherwise specified,before the effluent joms or is diluted by any other wastestream,body of
water, or substance Monitoring points shall not be changed without notification to and the approval of the Penrut
Issuing Authority [40 CFR 122 41(1)]
2 Reportmg
Monitoring results obtained during the previous month(s)shall be summarized for each month and reported on a
monthly Discharge Monitoring Report(DMR)Form(MR 1, 1 1,2,3)or alternative forms approved by the
Director,postmarked no later than the last clendar day of the month following the completed reporting period
The first DMR is due on the last day of the iI onth 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 Duplicate signed copies of these,
and all other reports required herein, shall be subimtted to the following address.
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NC DENR/Division of Water Resources/Water Quality Permitting Section
ATTENTION• Central Files
1617 Mail Service Center
Raleigh,North Carolina 27699-1617
3. Flow Measurements
Appropriate flow measurement devices and methods consistent with accepted scientific practices shall be selected
and used to ensure the accuracy and reliability of measurements of the volume of monitored discharges.The
devices shall be installed,calibrated and maintained to ensure that the accuracy of the measurements is consistent
with the accepted capability of that type of device Devices selected shall be capable of measuring flows with a
maximum deviation of less than 10%from the true discharge rates throughout the range of expected discharge
volumes.Flow measurement devices shall be accurately calibrated at a minimum of once per year and maintained
to ensure that the accuracy of the measurements is consistent with the accepted capability of that type of device
The Director shall approve the flow measurement device and monitoring location prior to installation
Once-through condenser coolmg water flow monitored by pump logs, or pump hour meters as specified in Part I of
this permit and based on the manufacturer's pump curves shall not be subject to this requirement
4. Test Procedures
Laboratories used for sample analysis must be certified by the Division Permrttees should contact the Division's
Laboratory Certification Section(919 733-3908 or http://portal.ncdenr org/web/wq/lab/cert)for information
regarding laboratory certifications.
Facilities whose personnel are conducting testing of field-certified parameters only must hold the appropriate field
parameter laboratory certifications.
Test procedures for the analysis of pollutants shall conform to the EMC regulations(published pursuant to NCGS
143-215.63 et seq),the Water and Au-Quality Reporting Acts,and to regulations published pursuant to Section
304(g),33 USC 1314,of the CWA(as amended),and 40 CFR 136,or in the case of sludge use or disposal,
approved under 40 CFR 136,unless otherwise specified in 40 CFR 503,unless other test procedures have been
specified in this pernut[40 CFR 122.41]
To meet the intent of the monitoring required by this permit,all test procedures must produce mimmum detection
and reporting levels that are below the permit discharge requirements and all data generated must be reported down
to the minimum detection or lower reporting level of the procedure If no approved methods are determmed
capable of achieving mmimum detection and reporting levels below permit discharge requirements,then the most
sensitive(method with the lowest possible detection and reporting level)approved method must be used.
5. Penalties for Tampering
The CWA provides that any person who falsifies,tampers with,or knowingly renders inaccurate,any monitoring
device or method required to be maintained under this permit shall,upon conviction,be punished by a fine of not
more than$10,000 per violation,or by imprisonment for not more than two years per violation,or by both.If a
conviction of a person is for a violation committed after a first conviction of such person under this paragraph,
punishment is a fine of not more than$20,000 per day of violation,or by imprisonment of not more than 4 years,
or both[40 CFR 122 411
6. Records Retention
Except for records of monitoring information required by this pernut related to the Permittee's sewage sludge use
and disposal activities,which shall be retained for a period of at least five years(or longer as required by 40 CFR
503),the Permtttee shall retain records of all monitoring information,including
➢ all calibration and maintenance records
➢ all original strip chart recordings for continuous monitoring instrumentation
➢ copies of all reports required by this permit
➢ copies of all data used to complete the application for this permit
These records or copies shall be maintained for a period of at least 3 years from the date of the sample,
measurement,report or application. This period may be extended by request of the Director at any time [40 CFR
122 41]
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7. Recording Results
For each measurement or sample taken purs ant to the requirements of this permit,the Permittee shall record the
following information[40 CFR 122.41]
a The date,exact place,and time of sampling or measurements;
b The individual(s)who performed the sarnpling or measurements;
c. The date(s)analyses were performed;
d The individual(s)who performed the analyses,
e. The analytical techniques or methods used;and
f. The results of such analyses
8 Inspection and Entry
The Permittee shall allow the Director,or an authorized representative(including an authorized contractor acting as
a representative of the Director),upon the presentation of credentials and other documents as may be required by
law,to,
a. Enter,at reasonable times,upon the Permittee's premises where a regulated facility or activity is located or
conducted,or where records must be kept under the conditions of this permit,
b Have access to and copy,at reasonable times, any records that must be kept under the conditions of this permit,
c. Inspect at reasonable times any facilities, equipment(including monitoring and control equipment),practices,
or operations regulated or required under this permit, and
d. Sample or monitor at reasonable times,for the purposes of assuring permit compliance or as otherwise
authorized by the CWA,any substances)or parameters at any location[40 CFR 122.41(i)]
Section E Reporting Requirements
1. Change in Discharge
All discharges authorized herein shall be 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 penmtted facility may meet one of the criteria for new sources at 40 CFR
122.29(b); or
b The alteration or addition could sigm scantly change the nature or increase the quantity of pollutants
discharged This notification applies to ollutants subject neither to effluent limitations in the permit,nor to
notification requirements under 40 CFR 122.42(a)(1), or
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 ustify 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
permmt application process or not reportc d pursuant to an approved land application plan
3. Anticipated Noncompliance
The Permittee shall give advance notice to the Director of any planned changes to the permitted facility or other
activities that might result in noncompliance with the permit[40 CFR 122 41(1)(2)]
4. Transfers
This permit is not transferable to any person without prior written notice to and approval from the Director in
accordance with 40 CFR 122.61. The Director may condition approval in accordance with NCGS 143-215 1,in
particular NCGS 143-215.1(b)(4)b 2 ,and in ay require modification or revocation and reissuance of the permit,or
a minor modification,to identify the new pei�imttee and incorporate such other requirements as may be necessary
under the CWA [40 CFR 122 41(1)(3), 122.6'1] or state statute.
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5 Monitoring Reports
Monitoring results shall be reported at the intervals specified elsewhere in this permit[40 CFR 122.41(1)(4)].
a Monitoring results must be reported on a Discharge Monitoring Report(DMR)(See Part ILD 2)or forms
provided by the Director for reporting results of monitoring of sludge use or disposal practices
b. If the Permittee monitors any pollutant more frequently than required by this permit using test procedures
approved under 40 CFR Part 136 and at a sampling location specified in this permit or other appropriate
instrument governing the discharge,the results of such monitoring shall be included in the calculation and
reporting of the data submitted on the DMR.
6 Twenty-four Hour Reporting
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 becomes aware of the circumstances The written submission
shall contain a description of the noncompliance, and its cause,the period of noncompliance,including exact
dates and tunes,and if the noncompliance 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 noncompliance [40
CFR 122 41(1)(6)]
b The Director may waive the written report on a case-by-case basis for reports under this section if the oral
report has been received within 24 hours
c Occurrences outside normal business hours may also be reported to the Division's Emergency Response
personnel at(800)662-7956,[phone] or(919)733-3300.
7. Other Noncompliance
The Permittee shall report all instances of noncompliance not reported under Part II E.5 and 6 of this permit at the
time monitoring reports are submitted The reports shall contain the information listed in Part II.E.6 of this permit
[40 CFR 122 41(l)(7)]
8 Other Information
Where the Pernuttee becomes aware that it failed to submit any relevant facts in a permit application,or submitted
incorrect information in a permit application or in any report to the Director,it shall promptly submit such facts or
information[40 CFR 122 41(1)(8)]
9. Noncompliance Notification
The Penmttee shall report by telephone to either the central office or the appropriate regional office of the Division
as soon as possible,but in no case more than 24 hours or on the next working day following the occurrence or first
knowledge of the occurrence of any of the following
a Any occurrence at the water pollution control facility which results in the discharge of significant amounts of
wastes which are abnormal in quantity or characteristic, such as the dumping of the contents of a sludge
digester;the known passage of a slug of hazardous substance through the facility,or any other unusual
circumstances
b. Any process unit failure,due to known or unknown reasons,that render the facility mcapable of adequate
wastewater treatment such as mechanical or electrical failures of pumps,aerators,compressors,etc
c. Any failure of a pumping station,sewer line,or treatment facility resulting in a by-pass without treatment of all
or any portion of the influent to such station or facility
Persons reporting such occurrences by telephone shall also file a written report within 5 days following first
knowledge of the occurrence Also see reporting requirements for municipalities in Part IV C.2 c. of this permit.
10 Availabilityo f Reports
Except for data determined to be confidential under NCGS 143-215 3 (a)(2)or Section 308 of the Federal Act, 33
USC 1318, all reports prepared in accordance with the terms shall be available for public inspection at the offices
of the Division.As required by the Act, effluent data shall not be considered confidential Knowingly making any
false statement on any such report may result in the imposition of criminal penalties as provided for in NCGS 143-
215.1(b)(2)or in Section 309 of the Federal Act.
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11. Penalties for Falsification of Reports
The CWA provides that any person who kncwmgly makes any false statement,representation,or certification in
any record or other document submitted or required to be maintained under this permit,including monitoring
reports or reports of compliance or noncompliance shall,upon conviction,be punished by a fine of not more than
$25,000 per violation,or by imprisonment for not more than two years per violation, or by both [40 CFR 122.41]
12 Annual Performance Reports
Permittees who own or operate facilities that primarily collect or treat municipal or domestic wastewater and have
an average annual flow greater than 200,000 gallons per day shall provide an annual report to the Penmt Issumg
Authority and to the users/customers served by the Penmttee(NCGS 143-215 1C).The report shall summarize the
performance of the collection or treatment system, as well as the extent to which the facility was compliant with
applicable Federal or State laws,regulations and rules pertaming to water quality. The report shall be provided no
later than sixty days after the end of the calendar or fiscal year, depending upon which annual period is used for
evaluation
The report shall be sent to
NC DENR/Division of Water Resources/Water Quality Penmttmg Section
ATTENTION: Central Files
1617 Mail Service Center
Raleigh,North Carolina 27699-1617
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PART III
OTHER REQUIREMENTS
Section A. Construction
a The Permittee shall not commence construction of wastewater treatment facilities,nor add to the plant's treatment
capacity,nor change the treatment process(es)utilized at the treatment plant unless(1)the Division has issued an
Authorization to Construct(AtC)permit or(2)the Permittee is exempted from such AtC permit requirements
under Item b. of this Section
b. In accordance with NCGS 143-215 1(a5) [SL 2011-394],no permmt shall be required to enter into a contract for the
construction,installation,or alteration of any treatment work or disposal system or to construct, install,or alter any
treatment works or disposal system within the State when the system's or work's principle function is to conduct,
treat,equalize,neutralize, stabilize,recycle, or dispose of industrial waste or sewage from an industrial facility and
the discharge of the industrial waste or sewage is authorized under a permit issued for the discharge of the
industrial waste or sewage into the waters of the State Notwithstanding the above,the permit issued for the
discharge may be modified if required by federal regulation.
c Issuance of an AtC will not occur until Final Plans and Specifications for the proposed construction have been
submitted by the Pernuttee and approved by the Division
Section B. Groundwater Monitoring
The Permittee shall, upon written notice from the Director, conduct groundwater monitoring as may be required to
determine the compliance of this NPDES permitted facility with the current groundwater standards
Section C. Changes in Discharges of Toxic Substances
The Permittee shall notify the Permit Issuing Authority as soon as it knows or has reason to believe(40 CFR 122 42)
a That any activity has occurred or will occur which would result in the discharge,on a routine or frequent basis, of
any toxic pollutant which is not limited in the permit,if that discharge will exceed the highest of the following
"notification levels",
(1) One hundred micrograms per liter(100 µg/L),
(2) Two hundred micrograms per liter(200 µg/L)for acrolem and acrylomtnle, five hundred micrograms per liter
(500 µg/L)for 2,4-dinitrophenol and for 2-methyl-4,6-dinitrophenol, and one milligram per liter(I mg/L)for
antimony,
(3) Five times the maximum concentration value reported for that pollutant in the permit application.
b That any activity has occurred or will occur which would result in any discharge,on a non-routine or infrequent
basis, of a toxic pollutant which is not limited in the permit, if that discharge will exceed the highest of the
following"notification levels",
(1) Five hundred micrograms per liter(500 µg/L),
(2) One milligram per liter(1 mg/L)for antimony,
(3) Ten times the maximum concentration value reported for that pollutant in the permit application.
Section D. Facility Closure Requirements
The Permittee must notify the Division at least 90 days prior to the closure of any wastewater treatment system covered
by this permit The Division may require specific measures during deactivation of the system to prevent adverse
impacts to waters of the State. This permit cannot be rescinded while any activities requiring this permit continue at the
permitted facility
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i J
PART IV
SPECIAL CONDITIONS FOR MUNICIPAL FACILITIES
Section A. Definitions
In addition to the definitions in Part II of this permit,the following definitions apply to municipal facilities
Indirect Discharge or Industrial User
Any non-domestic source that discharges wastewater containing pollutants into a POTW regulated under section
307(b), (c)or(d)of the CWA. [40 CFR 403 3 (1)and 0)and 15A NCAC 02H 0903(b)(11)]
Interference
Inhibition or disruption of the POTW treatment processes; operations;or its sludge process,use,or disposal which
causes or contributes to a violation of any requirement of the Permittee's(or any satellite POTW's if different from the
Permttee)NPDES, collection system, or non-discharge permit or prevents sewage sludge use or disposal in
compliance with specified applicable State and Federal statutes,regulations,or permits. [15A NCAC 02H
.0903(b)(14)]
Pass Through
A discharge which exits the POTW into waters of the State in quantities or concentrations which,alone or with
discharges from other sources,causes a violation,including an increase in the magnitude or duration of a violation, of
the Permittee's(or any satellite POTW's,if different from the Permittee)NPDES,collection system,or non-discharge
permit. [I5A NCAC 02H 0903(b)(23)]
Publicly Owned Treatment Works(POTW)
A treatment works as defined by Section 212 of the CWA,which is owned by a State or local government organization.
This definition includes any devices and systems used in the storage,treatment,recycling and reclamation of municipal
sewage or industrial wastes of a liquid nature It also includes the collection system,as defined in 15A NCAC 2T
0402,only if it conveys wastewater to a POTW treatment plant.The term also means the local government
organization,or municipality,as defined in section 502(4)of the CWA,which has jurisdiction over indirect discharges
to and the discharges from such a treatment works.In this context,the organization may be the owner of the POTW
treatment plant or the owner of the collection system into which an indirect discharger discharges This second type of
POTW may be referred to as a"satellite POTW organization" [15A NCAC 02H.0903(b)(26)]
"Significant Industrial User" or"SlU"
An Industrial User that discharges wastewater into a publicly owned treatment works and that[15A NCAC 02H
.0903(b)(33)].
1 Discharges an average of 25,000 gallons per day or more of process wastewater to the POTW(excluding sanitary,
noncontact cooling and boiler blowdown wa tewaters); or
2. Contributes process wastewater which make up five percent or more of the NPDES or non-discharge pernutted
flow linut or organic capacity of the POTW treatment plant.In this context,organic capacity refers to BOD,TSS
and ammonia, or
3. Is subject to categorical standards under 40 FR Part 403.6 and 40 CFR Parts 405-471;or
4. Is designated as such by the Permittee on that basis that the Industrial User has a reasonable potential for adversely
affecting the POTW's operation or for violating any pretreatment standard or requirement,or the POTW's effluent
limitations and conditions in its NPDES or Ion-discharge permit,or to limit the POTW's sludge disposal options,
5 Subject to approval under 15A NCAC 02H 907(b),the Permittee may determine that an Industrial User meeting
the criteria in paragraphs 1 or 2 of this definition above has no reasonable potential for adversely affecting the
POTW's operation or for violating any pretrc atment standard or requirement,the POTW's effluent limitations and
conditions in its NPDES or non-discharge p Irmtt,or to limit the POTW's sludge disposal options, and thus is not a
Significant Industrial User(SILT); or
6 Subject to approval under 15A NCAC 02H. 907(b),the Permittee may determine that an Industrial User meeting
the criteria in paragraph 3 of this definition above meets the requirements of 40 CFR Part 403.3(v)(2)and thus is a
non-significant categorical Industrial User
Section B. Publicly Owned Treatment Works(POTWs)
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All POTWs must provide adequate notice to the Director of the following[40 CFR 122 42(b)]:
1 Any new introduction of pollutants into the POTW from an mdirect discharger,regardless of the means of
transport,which would be subject to section 301 or 306 of CWA if it were directly discharging those pollutants,
and
2 Any substantial change in the volume or character of pollutants being introduced by an indirect discharger as
influent to that POTW at the time of issuance of the permit.
3 For purposes of this paragraph,adequate notice shall include information on(1)the quality and quantity of effluent
introduced into the POTW,and(2)any anticipated impact that may result from the change of the quantity or
quality of effluent to be discharged from the POTW
Section C. Municipal Control of Pollutants from Industrial Users.
1. Effluent limitations are listed in Part I of this permit. Other pollutants attributable to inputs from Industrial Users
discharging to the POTW may be present in the Permittee's discharge.At such time as sufficient information
becomes available to establish limitations for such pollutants,this permit may be revised to specify effluent
limitations for any or all of such other pollutants in accordance with best practicable technology or water quality
standards.
2. Prohibited Discharges
a. The Permittee shall develop and enforce their Pretreatment Program to implement the prohibition against the
introduction of pollutants or discharges into the waste treatment system or waste collection system which
cause or contribute to Pass Through or Interference as defined in 15A NCAC 02H.0900 and 40 CFR 403. [40
CFR 403 5(a)(1)]
b The Permittee shall develop and enforce their Pretreatment Program to implement the prohibitions against the
introduction of the following wastes in the waste treatment or waste collection system[40 CFR 403.5(b)]
(1) Pollutants which create a fire or explosion hazard in the POTW,including,but not limited to,
wastestreams with a closed cup flashpomt of less than 140 degrees Fahrenheit or 60 degrees Centigrade
using the test methods specified in 40 CFR 261 21;
(2) Pollutants which cause corrosive structural damage to the POTW,but in no case discharges with pH lower
than 5 0,unless the works is specifically designed to accommodate such discharges,
(3) Solid or viscous pollutants in amounts which cause obstruction to the flow in the POTW resulting in
Interference,
(4) Any pollutant,including oxygen demanding pollutants(BOD,etc)released in a Discharge at a flow rate
and/or pollutant concentration which will cause Interference with the POTW;
(5) Heat in amounts which will inhibit biological activity in the POTW resulting in Interference,but in no
case heat in such quantities that the temperature at the POTW Treatment Plant exceeds 40°C(104°F)
unless the Division,upon request of the POTW, approves alternate temperature limits,
(6) Petroleum oil,non-biodegradable cutting oil,or products of mineral oil origin in amounts that will cause
Interference or Pass Through,
(7) Pollutants which result in the presence of toxic gases,vapors,or fumes within the POTW in a quantity that
may cause acute worker health and safety problems, or
(8) Any trucked or hauled pollutants,except at discharge points designated by the POTW.
c. The Permittee shall investigate the source of all discharges into the POTW,including slug loads and other
unusual discharges,which have the potential to adversely impact the Permittee's Pretreatment Program and/or
the operation of the POTW.
The Permittee shall report such discharges into the POTW to the Director or the appropriate Regional Office
Any information shall be provided orally within 24 hours from the time the Permittee became aware of the
circumstances A written submssion shall also be provided within 5 days of the time the Pernuttee becomes
aware of the circumstances The written submission shall contain a description of the discharge,the
investigation into possible sources;the period of the discharge,including exact dates and times, if the
discharge has not ceased,the anticipated time it is expected to continue, and steps taken or planned to reduce,
eliminate,and prevent reoccurrence of the noncompliance,
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3 With regard to the effluent requirements listed in Part I of this permit,it may be necessary for the Permittee to
supplement the requirements of the Federal pretreatment Standards(40 CFR,Part 403)to ensure compliance by
the Pernuttee with all applicable effluent limitations. Such actions by the Permittee may be necessary regarding
some or all of the industries discharging to the municipal system
4 The Permittee shall require any Industrial User(IU)dischargmg to the POTW to meet Federal Pretreatment
Standards developed under Section 307(b)of the Act as amended(which includes categorical standards and
specific local limits,best management practices and narrative requirements).Prior to accepting wastewater from
any Significant Industrial User(SILT),the Pe-mmttee shall either develop and submit to the Division a new
Pretreatment Program or,as necessary,a modification of an existing Pretreatment Program,for approval as
required under section D below as well as If A NCAC 02H.0907(a)and(b). [40 CFR 122 440)(2)]
5 This permit shall be modified, or alternatively,revoked and reissued,to mcorporate or modify an approved POTW
Pretreatment Program or to include a compliance schedule for the development of a POTW Pretreatment Program
as required under Section 402(b)(8)of the CWA and implementing regulations or by the requirements of the
approved State pretreatment program, as appropriate
Section D. Pretreatment Programs
Under authority of sections 307(b)and(c)and 4IO2(b)(8)of the CWA and implementing regulations 40 CFR 403,
North Carolina General Statute 143-215 3(14)and implementing regulations 15A NCAC 02H 0900,and in accordance
with the approved pretreatment program,all provisions and regulations contained and referenced in the pretreatment
program submittal are an enforceable part of this permit. [40 CFR 122.440)(2)]
The Permittee shall operate its approved pretrea ent program in accordance with Section 402(b)(8)of the CWA,40
CFR 403, 15A NCAC 02H 0900,and the legal authorities,policies,procedures, and financial provisions contained in
its pretreatment program submission and Division approved modifications thereof Such operation shall include but is
not limited to the implementation of the following conditions and requirements Terns not defined in Part II or Part IV
of this permt are as defined in 15A NCAC 02H i0903 and 40 CFR 403.3.
1. Sewer Use Ordinance(SUO)
The Permittee shall maintain adequate legal orty to implement its approved pretreatment program [15A
NCAC 02H 0903(b)(32), 0905 and.0906(b (1),40 CFR 403.8(f)(1)and 403 9(b)(1)and(2)]
2 Industrial Waste Survey(IWS)
The Permittee shall implement an IWS consisting of the survey of users of the POTW collection system or
treatment plant,as required by 40 CFR 403.8(f)(2)(1-rim)and 15A NCAC 02H.0905 [also 40 CFR 122.440)(1)],
including identification of all Industrial Users that may have an unpact on the POTW and the character and amount
of pollutants contributed to the POTW by these Industrial Users and identification of those Industrial Users
meeting the definition of SIU Where the Puttee accepts wastewater from one or more satellite POTWs,the
IWS for the Permittee shall address all satellite POTW services areas,unless the pretreatment program in those
satellite service areas is administered by a separate Permittee with an approved Pretreatment Program The
Permittee shall submit a summary of its IWS activities to the Division at least once every five years, and as
required by the Division. The IWS submission shall include a summary of any investigations conducted under
paragraph C.2.c of this Part. [I5A NCAC 0 H.0903(b)(13), .0905 and.0906(b)(2);40 CFR 403.8(f)(2)and 403.9]
3. Monitoring Plan
The Per uttee shall implement a Division-ap proved Monitoring Plan for the collection of facility specific data to
be used in a wastewater treatment plant Hea works Analysis(HWA)for the development of specific pretreatment
local limits.Effluent data from the Plan shall be reported on the DMRs(as required by Parts II D and ILE.5 ). [15A
NCAC 02H.0903(b)(16), .0906(b)(3)and 0�905]
4. Headworks Analysis HWA and Local Limits
The Permittee shall obtain Division approval of a HWA at least once every five years, and as required by the
Division. Within 180 days of the effective date of this permit(or any subsequent permit modification)the
Permittee shall submit to the Division a written technical evaluation of the need to revise local limits(i e, an
updated HWA or documentation of why one is not needed) [40 CFR 122.44]. The Permttee shall develop,in
accordance with 40 CFR 403 5(c)and 15A N CAC 02H.0909,specific Local Limits to implement the prohibitions
listed in 40 CFR 403 5(a)and(b)and 15A NCAC 02H.0909.Pursuant to 40 CFR 403.5,local hints are
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• enforceable Pretreatment Standards as defined by 40 CFR 403 3(1) [15A NCAC 02H 0903(b)(10), .0905, and
.0906(b)(4)]
5 Industrial User Pretreatment Perrmts(IUP) &Allocation Tables
In accordance with NCGS 143-215 1,the Permittee shall issue to all Significant Industrial Users,permits for
operation of pretreatment equipment and discharge to the Permittee's collection system or treatment works These
permits shall contain limitations,sampling protocols,reporting requirements, appropriate standard and special
conditions, and compliance schedules as necessary for the installation of treatment and control technologies to
assure that their wastewater discharge will meet all applicable pretreatment standards and requirements The
Permittee shall maintain a current Allocation Table(AT)which summarizes the results of the HWA and the limits
from all IUPs Permitted IUP loadings for each parameter cannot exceed the treatment capacity of the POTW as
determined by the HWA [15A NCAC 02H 0906(b)(6), 0909, .0916,and 0917,40 CFR 403 5,403 8(f)(1)(m),
NCGS 143-215 67(a)]
6 Authorization to Construct(AtQ
The Permittee shall ensure that an Authorization to Construct permit(AtC)is issued to all applicable Industrial
Users for the construction or modification of any pretreatment facility Prior to the issuance of an AtC, the
proposed pretreatment facility and treatment process must be evaluated for its capacity to comply with all
Industrial User Pretreatment Permit(IUP)limitations [15A NCAC 02H .0906(b)(7)and.0905,NCGS 143-
215 l(a)(8)]
7 POTW Inspection&Monitoring of thew IUs
The Permittee shall conduct inspection, surveillance, and monitoring activities as described in its Division
approved pretreatment program in order to detenrime,independent of information supplied by Industrial Users,
compliance with applicable pretreatment standards [15A NCAC 02H 0908(e),40 CFR 403 8(f)(2)(v)] The
Permittee must•
a Inspect all Significant Industrial Users (SIUs)at least once per calendar year;
b Sample all Significant Industrial Users (SIUs)at least once per calendar year for all SIU permit-limited
parameters including flow except as allowed under 15A NCAC 0908(e), and
c At least once per year, document an evaluation of any non-significant categorical Industrial User for
compliance with the requirements in 40 CFR 403 3(v)(2),and either continue or revoke the designation as non-
significant
8 IU Self Monitoring and Reporting
The Permittee shall require all Industrial Users to comply with the applicable monitoring and reporting
requirements outlined in the Division-approved pretreatment program,the industry's pretreatment permit, or in 15A
NCAC 02H 0908 [15A NCAC 02H 0906(b)(5)and 0905,40 CFR 403 8(f)(1)(v)and(2)(111),40 CFR
122 440)(2)and 40 CFR 403 12]
9 Enforcement Response Plan(ERP)
The Penmttee shall enforce and obtain appropriate remedies for violations of all pretreatment standards
promulgated pursuant to section 307(b) and(c) of the CWA(40 CFR 405 et seq.),prohibitive discharge standards
as set forth in 40 CFR 403 5 and 15A NCAC 02H 0909, specific local limitations,and other pretreatment
requirements All remedies, enforcement actions and other, shall be consistent with the Enforcement Response
Plan(ERP)approved by the Division [15A NCAC 02H 0903(b)(7), 0906(b)(8) and 0905,40 CFR 403 8(f)(5)]
10 Pretreatment Annual Reports(PAR)
The Permittee shall report to the Division in accordance with 15A NCAC 02H 0908 In lieu of submitting annual
reports,Modified Pretreatment Programs developed under 15A NCAC 02H 0904(b)may be required to submit a
partial annual report or to meet with Division personnel periodically to discuss enforcement of pretreatment
requirements and other pretreatment implementation issues
For all other active pretreatment programs,the Permittee shall submit two copies of a Pretreatment Annual Report
(PAR)describing its pretreatment activities over the previous calendar year to the Division at the following
address
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I
NC DENR/Division of Water Resources/Water Quality Permitting Section
Pretreatment, Emergency Response, and Collection Systems(PERCS)Unit
1617 Mail Service Center
Raleigh,North Carolina 27699-1617
These reports shall be submitted by March 1 of each year and shall contain the following
a Narrative
A narrative summary detailing actions taken,or proposed,by the Permittee to correct significant non-
compliance and to ensure compliance with pretreatment requirements,
b Pretreatment Program Summary(PPS)
A pretreatment program summary(PPS)on forms or in a format provided by the Division,
c. Significant Non-Compliance Report(SNCR)
A list of Industrial Users(LUs)in significant noncompliance(SNC)with pretreatment requirements, and the
nature of the violations on forms or in a format provided by the Division,
d Industrial Data Summary Forms(IDSF)
Monitoring data from samples collected by both the POTW and the Significant Industrial Users(SIUs) These
analytical results must be reported on Industrial Data Summary Forms(IDSF)or on other forms or in a format
provided by the Division;
e Other Information
Copies of the POTW's allocation table,new or modified enforcement compliance schedules,public notice of
IUs in SNC,a summary of data or other information related to significant noncompliance determinations for
IUs that are not considered SIUs, and any other information, upon request,which in the opinion of the Director
is needed to determine compliance with the pretreatment implementation requirements of this permit;
11 Public Notice
The Permittee shall publish annually a list of Industrial Users(IUs)that were in significant noncompliance(SNC)
as defined in the Permittee's Division-approved Sewer Use Ordinance with applicable pretreatment requirements
and standards during the previous twelve month period This list shall be published within four months of the
applicable twelve-month period. [15A NCAC 02H.0903(b)(34), 0908(b)(5)and 0905 and 40 CFR
403 8(f)(2)(viii)]
12 Record Keeping
The Permittee shall retain for a mmimum of three years records of monitoring activities and results, along with
support information including general records,water quality records,and records of industrial impact on the
POTW and shall retain all other Pretreatment Program records as required by 15A NCAC 02H 0908(f) [15A
NCAC 02H 0908(f),40 CFR 403.12(o)]
13 Pretreatment Program Resources
The Permittee shall maintain adequate funding and qualified personnel to accomplish the objectives of its approved
pretreatment program and retain a written description of those current levels of inspection [15A NCAC 02H
0906(b)(9)and(10) and 0905,40 CFR 403 8(f)(3),403 9(b)(3)]
14 Modification to Pretreatment Programs
Modifications to the approved pretreatment program including but not limited to local limits modifications,POTW
monitoring of their Significant Industrial Users (SIUs), and Monitoring Plan modifications, shall be considered a
permit modification and shall be governed by 40 CFR 403 18, 15 NCAC 02H 0114 and 15A NCAC 02H 0907.
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