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HomeMy WebLinkAboutNC0025305_Final Permit_20010803Dear Mr. Mergner: number (919) cc: Michael F. Easley, Governor William G. Ross, Jr., Secretary Kerr T. Stevens, Director State of North Carolina Department of Environment and Natural Resources Division of Water Quality Subject: Issuance of NPDES Permit NC0025305 UNC Cogeneration Facility WW’TP Orange Count}’ Raleigh Regional Office/Water Quality Section NPDES Unit David Ray, UNC-Chapel I fill Central Files P.O. Box 29535, Raleigh, North Carolina 27626-0535 An Equal Opportunity Affirmative Action Employer Sincerely, Original Signed By David A. Goodrich Kerr T. Stevens Mr. James T. Mergner Deputy for Facilities Services University of North Carolina - Chapel Hill CB#1800 — Giles F. Horney Building Chapel Hill, NC 27599-1800 NCDEHR North Carolina Department of Environment and Natural Resources Telephone 919-733-5083 FAX 919-733-0719 50% recycled / 10% post-consumer paper Division personnel have reviewed and approved your application for renewal of the subject permit. Accordingly, we are forwarding the attached 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 May 9, 1994 (or as subsequently amended). The following changes have been made from your draft permit: • The facility name on the permit has been changed to “UNC Cogeneration Facility.” Tins change should also be reflected in this and any future correspondence. • The chloride limit in Part A.(l.) has been changed from 230 mg/1 to 250 mg/1. The water quality standard for class C waters was applied in your draft permit. 250 mg/1 is the water quality standard for water supply waters. • The sample type for the acute toxicity test has been changed from composite to grab after a review by die Aquatic Toxicity Unit. If any parts, measurement frequencies or sampling requirements contained in this permit are unacceptable to you, you have the right to an adjudicator}’ hearing upon written request witliin 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 Sendee Center, Raleigh, North Carolina 27699-6714). Unless such demand is made, this decision 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 other permits which may be required by the Division of Water Quality or permits required by the Division of Land Resources, the Coastal Area Management Act or any other Federal or Local governmental permit that may be required. If you have any questions concerning this permit, please contact Natalie Sierra at telephone 733-5083, extension 551. 1 Permit NC0025305 PERMIT University of North Carolina at Chapel Hill is hereby authorized to discharge wastewater from a facility located at the This permit shall become effective September 1, 2001. This permit and authorization to discharge shall expire at midnight on July 31, 2006. Signed this day July 27, 2001. to receiving waters designated as an unnamed tributary to Morgan Creek 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. 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. STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES DIVISION OF WATER QUALITY TO DISCHARGE WASTEWATER UNDER THE NATIONAL •POLLUTANT DISCHARGE ELIMINATION SYSTEM Kerr T. Stevens, Director Division of Water Quality By Authority of the Environmental Management Commission UNC Cogeneration Facility West Cameron Avenue Chapel Hill Orange County Original Signed By David A. Goodrich Permit NC0025305 SUPPLEMENT TO PERMIT COVER SHEET The University of North Carolina at Chapel Hill is hereby authorized to: 2. Discharge from said treatment works at the location specified on the attached map into an unnamed tributaiy to Morgan Creek, which is a classified WS-IV waterbody in the Cape Fear River Basin. 3. This permit is being issued with the understanding that UNC-Chapel Hill's operation of this facility will be primarily as a non-discharge facility. If the Orange Water and Sewer Authority (OWASA) cannot accept the wastewater and stormwater, then authorization is given for the discharge to the above mentioned creek for a period of time. It should be the understanding of UNC-Chapel Hill that the option to discharge should be used only in cases in which wasteflow exceeds the amount permitted by OWASA. Any other wastewater, stormwater associated with industrial activities, and/or point source discharges to surface waters of the state are prohibited unless covered by another permit, authorization or approval. This permit does not relieve the permittee from responsibility for compliance with any other applicable federal, state, or local law, rule, standard, ordinance, order, judgement, or decree. 1. Continue to operate an existing wastewater treatment facility consisting of an oil/water separator, equalization basin, caustic rapid mix tank, polymer feed system, two settling tanks, acid rapid mix tank, Parshall flume (Outfall 001), and a stormwater detention pond on the west side of the site (Outfall 002) and a stormwater detention pond on the east side of the site (Outfall 003) located at UNC Cogeneration Facility, West Cameron Avenue, Chapel Hill in Orange County, and I 1 % rlkMAP NOT TO SCALE Facility Location03-06-06 D22NE/Chapel Hill,NC UNC - Chapel Hill NC0025305 Cogeneration Facility WWTP Sub-Basin: Quad #: 35° 54'22” 79°03’39” WSIV-NSW unnamed tributary to Morgan Creek NC00025305 - UNC Chapel Hill Latitude (001): Longitude(OOl): Stream Class: Receiving Stream: 7i tx. ■ ns gfw'Illi v; o Uij U'h 'AMfcwiK S|| ooi Bi \ Permit NC0025305 SECTION A: INDUSTRIAL EffluentGrabFootnote 1 GrabFootnote 1 GrabFootnote 1 Conductivity 250 mg/L 250 mg/L Footnote 1 Footnote 1 Grab Grab pH Chlorides Sulfates EFFLUENT CHARACTERISTICS Daily Maximum Footnote 1 Footnote 1 Footnote 1 Footnote 1 Footnote 1 Footnote 1 Footnote 1 Footnote 1 Footnote 1 Footnote 1 Episodic Grab Grab Grab Grab Grab Grab Grab Grab Grab Grab Grab Effluent Effluent Effluent, Upstream, Downstream Effluent, Upstream, Downstream Effluent Effluent Effluent Effluent Effluent Effluent Effluent Effluent Effluent Effluent ~ Effluent 28 pg/L 100 mg/L 20.0 mg/L Sample Type Recording Grab Grab Grab Flow ____ Total Residual Chlorine3 Total Suspended Solids (FSS) Oil and Grease _____ monitoring requirements Measurement Frequency Footnote 1 Footnote 1 Footnote 1 Footnote 1 30.0 mg/L 15.0 mg/L Not greater than 9.0 S.U. nor less than 6.0 S.U. 250 mg/L 250 mg/L Arsenic, pg/L _ Copper, pg/L Iron, mg/L Selenium, pg/L 3 Thallium, pg/L Zinc, pg/L | TKN, mg/L6 INO3-N+NO2-N, mg/L6 Total Nitrogen (TN), mg/L Total Phosphorus, mg/L I Acute Toxicity -----./PROCESS WASTEWATER A~(l) EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS During the period beginning on the Coa^Pile Runoff, ~ s- . limited and monitored by the Permittee as specified below: LIMITS ~ Monthly Average 0.0922 MGD =■ V “ "c±8 “““d = downstream at convenient site prior to reaching M°rgan dded tQ waste stream. 3. Monitoring and limit only apply ifichlor1^Q^^^-eported below 50 pg/L to be in compliance The Division shall consider all effluent < d submit all values reported by 5. Minimum detection of 1.0 pg/L required. Part 1, Page 1 of 12 Sample Location Effluent Effluent Effluent Effluent Temperature, °C4 Permit NC0025305 A. (1.) EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS - FINAL 3 LIMITS MONITORING REQUIREMENTS Monthly Average Sample Location1 Flow * 0.0922 MGD Effluent Weekly Grab 1 2 There shall be no discharge of floating solids or visible foam in other than trace amounts. 3 4 EFFLUENT CHARACTERISTICS Instantaneous Maximum Measurement Frequency Continuous Sample Type Recording 30.0 mg/L 15.0 mg/L 100 mg/L 20.0 mg/L 250 mg/L 250 mg/L 2/Week Weekly Weekly Weekly Weekly Weekly Weekly Weekly Quarterly Quarterly Episodic Weekly Grab Grab Grab Grab Grab Grab Grab Grab Grab Grab Grab Grab Effluent, Upstream, Downstream Effluent Effluent Effluent Effluent Effluent Effluent Effluent Effluent Effluent Effluent Effluent Effluent, Upstream, Downstream Total Residual Chlorine3______ Total Suspended Solids (TSS) Oil and Grease_____________ Chlorides _______________ Sulfates_________________ Copper__________________ Iron _________________ Zinc____________________ Total Nitrogen (NO? + NOa + TKN) Total Phosphorus___________ Acute Toxicity4_____________ Conductivity Temperature (9C)2 This facility is being approved as a non-discharge facility with the option of an emergency discharge should OWASA be unable to handle the wasteflow from the facility. The monitoring requirements listed above only need to be completed upon discharge from this facility. If an actual discharge does not occur during a given month, then report such on the monthly monitoring reports. Sampling only needs to be completed at time of a discharge. The pH shall not be less than 6.0 standard units nor greater than 9.0 standard units and shall be monitored weekly at the effluent by grab sample. Notes: Sample locations: Upstream - upstream at vault prior to reaching unnamed tributary; Downstream - downstream at convenient site prior to reaching Morgan Creek. The temperature of the effluent shall be such as not to cause an increase in the temperature of the receiving stream of more than 2.8°C and in no case cause the ambient water temperature to exceed 32°C. Chlorine shall be monitored if chlorine is added to any wastestream Acute toxicity (24 hr, fat head minnow test) shall be performed on an episodic basis. See Part A.(4.) During the period beginning on the effective date of this permit and lasting until expiration, the Permittee is authorized to discharge from outfall 001 (Low Volume Waste, Coal Pile Runoff, Stormwater Runoff [Fuel Storage Area]). Such discharges shall be limited and monitored by the Permittee as specified below: Permit NC0025305 LIMITS MONITORING REQUIREMENTS Units SDO 1. 2. 3. Cut-off Concentration^ Sample Location3 STORMWATER DISCHARGE CHARACTERISTICS For purposes of the stormwater sampling required in this permit, all samples shall be collected from a discharge resulting from a representative storm event (See Part A.(7)). Sample Type A. (2.) STORMWATER MONITORING REQUIREMENTS/Analytical Monitoring FINAL During the period beginning on the effective date of the permit and lasting until expiration or expansion, the Permittee is authorized to discharge from outfall(s) serial numbers 002 and 003 (Stormwater). Such discharges shall be limited and monitored by the permittee as specified below: 30.0 120.0 100.0 Annual Annual Annual Annual Annual Annual Grab Grab Grab SDO SDO SDO Total Flow4 Total Rainfall4 Event Duration Oil and Grease COD________ TSS MG Inches Minutes Mg/I Mg/I Mg/I Measurement Frequency2 Notes: Cutoff Concentration. For each parameter, the arithmetic mean of all analytical sampling results collected during the first year of the permit shall be calculated for each individual outfall and compared to the cut-off concentrations listed. If the arithmetic mean is below the specified cut­ off concentration for a given parameter, then the facility is not required to continue annual analytical monitoring for that parameter at the outfall during the term of the permit unless a significant change in facility operations or configuration occurs. If a cut-off concentration results in discontinued analytical monitoring at an individual discharge outfall, the permittee is required to maintain facility operations that ensure the continuation of stormwater runoff quality. Measurement frequency. Once per year. The facility must perform analytical sampling during the first full year and last year of the permit term regardless of cut-off concentration conditions. Analytical results from sampling during the final year of the permit term must be submitted with the permit renewal application. Failure to monitor storm events in accordance with the specified frequency shall constitute a violation of this permit. Sample Location. Samples to be collected at each stormwater discharge outfall (SDO) unless representative outfall status has been granted. If a facility has multiple discharge locations with substantially identical stormwater discharges that are required to be sampled, the Permittee may petition the Director for representative outfall status. If it is established that the stormwater discharges are substantially identical and the permittee-is granted representative outfall status, then sampling requirements may be performed at a reduced number of outfalls. 4. For each sampled representative storm event the total precipitation, storm duration, and total flow must be monitored. Total flow shall be either: (a) measured continuously, (b) calculated based on the amount of area draining to the outfall, the amount of build-upon (impervious) area, and the total amount of rainfall, or (c) estimated by the measurement of flow at 20 minute intervals during the rainfall event (not to exceed three hours). Permit NC0025305 A (3). STORMWATER MONITORING REQUIREMENTS/ QuaUtative Monitoring are Stormwater Discharge Characteristics_________________________ Color_________________________________ Odor__________________________________ Clarity_________________________________ Floating Solids__________________________ Suspended Solids________________________ Foam_________________________________ Oil Sheen______________________________ Other obvious indicators of stormwater pollution Measurement Frequency1 Semi-Annual Semi-Annual Semi-Annual Semi-Annual Semi-Annual Semi-Annual Semi-Annual Semi-Annual Sample Location2 SDO SDO SDO SDO SDO SDO SDO SDO Qualitative monitoring requires a qualitative inspection of each stormwater outfall, regardless of representative outfall status, for the purpose of evaluating the effectiveness of the Stormwater Pollution Prevention Plan and assessing new sources of stormwater pollution. No analytical tests required. Qualitative monitoring of stormwater outfalls does not need to be performed during a representative storm event. Notes: 1- Measurement Frequency. The first qualitative monitoring event during the term of the permit must be performed during the initial analytical monitoring event. All subsequent qualitative monitoring will be performed twice per year, once in the spring (April - June) and once in the fall (September - November). Sample Location: SDO- Stormwater Discharge Outfall. Permit NC0025305 A.(4.) ACUTE TOXICITY MONITORING (EPISODIC) The parameter code for this test is TAE6C. All toxicity testing results required as part of this permit condition will be entered on the Effluent Discharge Form (MR-1) for the month in which it was performed, using the appropriate parameter code. Additionally, DWQ Form AT-1 (original) is to be sent to the following address: Test data shall be complete and accurate and include all supporting chemical/physical measurements perfor association with the toxicity tests, as well as all dose/response data. Total residual chlorine of the effluent to: sample must be measured and reported if chlorine is employed for disinfection of the waste stream. 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. Completed Aquatic Toxicity Test Forms shall be filed with the Environmental Sciences Branch no later than 30 days after the end of the reporting period for which the report is made. 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. Attention: Environmental Sciences Branch North Carolina Division of Water Quality 1621 Mail Service Center Raleigh, N.C. 27699-1621 The permittee shall conduct FIVE acute toxicity tests using protocols defined as definitive in E.P.A. Document EPA/600/4-90/027 entitled “Methods for Measuring the Acute Toxicity of Effluents to Freshwater and Marine Organisms.” The monitoring shall be performed as a Fathead Minnow (Pimepholes promelas) 24 hour static test. Effluent samples for self-monitoring purposes must be obtained below all waste treatment. Sampling and subsequent testing will occur during the first five discrete discharge events after the effective date of this permit. After monitoring of the first five toxicity tests, the permittee will conduct one test annually, with the annual period beginning in January of the next calendar year. The annual test requirement must be performed and reported by June 30. If no discharge occurs by June 30, notification will be made to the Division by this date. Toxicity testing will be performed on the next discharge event for the annual test requirement. Permit NC0025305 A.(5.) STORMWATER POLLUTION PREVENTION PLAN a. (1) (2) (3) (4) (5) b. (1) (2) A list of significant spills or leaks of pollutants that have occurred at the facility during the 3 previous years and any corrective actions taken to mitigate spill impacts. A study addressing the technical and economic feasibility of changing the methods of operations and/or storage practices to eliminate or reduce exposure of materials and processes to stormwater. Wherever practicable the permittee should consider covering storage areas, material handling operations, manufacturing or fueling operations to prevent materials exposure to stormwater. In areas where elimination of exposure is not practicable, the stormwater management plan shall document the feasibility of diverting the stormwater runoff away from areas of potential contamination. A narrative description of storage practices, loading and unloading activities, outdoor process areas, dust or particulate generating or control processes, and waste disposal practices. A site map (or series of maps) drawn to scale with the distance legend indicating location of industrial activities (including storage of materials, disposal areas, process areas, and loading and unloading areas), drainage structures, drainage areas for each outfall and activities occurring in the drainage area, building locations and impervious surfaces, the percentage of each drainage area that is impervious. For each outfall, a narrative description of the potential pollutants which could be expected to be present in the regulated stormwater discharge. Certification that the stormwater outfalls have been evaluated for the presence of non­ stormwater discharges. The certification statement will be signed in accordance with the requirements found in Part II, Section B.l 1. Site Plan: The site plan shall provide a description of the physical facility and the potential pollutant sources which may be expected to contribute to contamination of regulated stormwater discharges. The site plan shall contain the following: A schedule to provide secondary containment for bulk storage of liquid materials, storage of Section 313 of Title III of the Superfund Amendments and Reauthorization Act (SARA) water priority chemicals, or storage of hazardous materials to prevent leaks and spills from contaminating stormwater runoff. If the secondary containment devices are connected directly to stormwater conveyance systems, the connection shall be controlled by manually activated valves or other similar devices [which shall be secured with a locking mechanism] and any stormwater that accumulates in the containment area shall be at a minimum visually observed prior to release of the accumulated stormwater. Accumulated stormwater shall be released if found to be uncontaminated. Records documenting the individual making the observation, the description of the accumulated stormwater and the date and time of the release shall be kept for a period of five years. Stormwater Management Plan: The stormwater management plan shall contain a narrative description of the materials management practices employed which control or minimize the exposure of significant materials to stormwater, including structural and non-structural measures. The stormwater management plan, at a minimum, shall incorporate the following: The permittee shall develop a Stormwater Pollution Prevention Plan, herein after referred to as the Plan. The Plan shall be considered public information in accordance with Part II. Section E.10. of this permit. The Plan shall include, at a minimum, the following items: A general location map (USGS quadrangle map, or appropriately drafted equivalent map), showing the facility’s location in relation to transportation routes and surface waters, and the name of the receiving water(s) to which the stormwater outfall(s) discharges. If the discharge is to a municipal separate storm sewer system, the name of the municipality and the ultimate receiving waters, and accurate latitude and longitude of the point(s) of discharge must be shown. Permit NC0025305 (3) (4) c. d. e. f. g- h. i. The director may notify the permittee when the Plan does not meet one or more of the minimum requirements of the permit. Within 30 days of such notice, the permittee shall submit a time schedule to the Director for modifying the Plan to meet minimum requirements. The permittee shall provide certification in writing (in accordance with Part 111, Standard Conditions, Section B.l 1.) to the Director that the changes have been made. Visual monitoring as required in A(4) Stormwater Monitoring Requirements/Qualitative Monitoring shall be performed in addition to facility inspections. Implementation: Implementation of the Plan shall include documentation of all monitoring, measurements, inspections, maintenance activities and training provided to employees, including the log of the sampling data. Activities taken to implement BMPs associated with the industrial activities, including vehicle maintenance activities, must also be recorded. .Ml Inspection schedules of stormwater conveyances and controls and measures to be taken to limit or prevent erosion associated with the stormwater systems. The Stormwater Pollution Prevention Plan shall identify a specific position(s) responsible for the overall coordination, development, implementation, and revision to the Plan. Responsibilities for all components of the Plan shall be documented and position(s) assignments provided. Training schedules shall be developed and training provided at a minimum on an annual basis on proper spill response and cleanup procedures and preventative maintenance activities for all personnel involved in any of the facility’s operations that have the potential to contaminate stormwater runoff. Facility personnel (or team) responsible for implementing the training shall be identified in the plan. A narrative description of Best Management Practices (BMPs) to be considered such as, but not limited to, oil and grease separation, debris control, vegetative filter strips, infiltration and stormwater detention or retention, where necessary. The need for structural BMPs shall be based on the assessment of potential of sources contributing significant quantities of pollutants to stormwater discharges and data collected through monitoring of stormwater discharges. Facility Inspections: Inspections of the facility and all stormwater systems shall occur at a minimum on a semiannual schedule, once in the fall (September - November) and once during the spring (April - June). The inspection and any subsequent maintenance activities performed shall be documented, recording date and time of inspection, individual(s) making the inspection and a narrative description of the facility's stormwater control systems, plant equipment and systems. Records of these inspections shall be incorporated into the Stormwater Pollution Prevention Plan. Plan Amendment: The permittee shall amend the Plan whenever there is a change in design, construction, operation, or maintenance which has a significant effect on the potential for the discharge of pollutants via a point source to surface waters. The Stormwater Pollution Prevention Plan shall be reviewed and updated on an annual basis. Preventative Maintenance and Good Housekeeping Program: A preventative maintenance program shall be developed. The program shall document schedules of inspections and maintenance activities of stormwater control systems, plant equipment and systems. Inspection of material handling areas and regular cleaning schedules of these areas shall be incorporated into the program. Spill Prevention and Response Plan: The Spill Prevention and Response Plan shall incorporate a risk assessment of potential pollutant sources based on a materials inventory of the facility. Facility’ personnel (or team) responsible for implementing the plan shall be identified in the plan. A responsible person shall be on-site at all times during facility operations that have the potential to contaminate stormwater runoff through spills or exposure of materials associated with the facility operations. Minimum monitoring and reporting requirements are as follows unless otherwise approved in writing by the Director of the Division of Water Quality: a. b. c. (1) (2) d. e. f.Non- lU All other discharges that are authorized by an NPDES permit. (2) (3)Discharges resulting from fire-fighting. g- A.(6.) STORMWATER MINIMUM MONITORING AND REPORTING REQUIREMENTS Analytical results from sampling during the final year of the permit term shall be submitted with the permit renewal application. Foundation drains, air-conditioner condensate without added chemicals, springs, waterline and fire hydrant, water from footing drains, flows from riparian habits and wetlands, fire-fighting training and fire system testing; If the detention pond detains the runoff generated by one inch of rainfall for 24 hours, visual observations for color, foam, outfall staining, visible sheens and dry weather flow are required, but analytical sampling shall not be required. If the detention pond discharges only in response to a storm event exceeding a 25- year, 24-hour storm, the pond shall be considered a non-discharging stormwater control system and not subject to NPDES requirements, unless the discharge causes a violation of water quality standards. Samples analyzed in accordance with the terms of this permit shall be submitted on forms approved by the Director no later than January 31 for the previous year in which sampling was required to be performed. For purposes of the stormwater sampling required in this permit, all samples shall be collected from a discharge resulting from a representative storm event (See definitions in Part II, Section A). Failure to monitor storm events in accordance with the specified frequency shall constitute a violation of this permit. If the stormwater runoff is controlled by a detention pond, the following sampling requirements shall apply: This permit regulates stormwater discharges associated with industrial activity, stormwater discharges which shall be allowed in the stormwater conveyance system are: If a facility has multiple discharge locations with substantially identical stormwater discharges that are required to be sampled, the permittee may petition the Director for representative outfall status. If it is established that the stormwater discharges are substantially identical and the permittee is granted representative outfall status, then sampling requirements may be performed at a reduced number of outfalls. _ Permit NC0025305 required documentation shall be kept on-site for a period of five years and made available to the Director or his authorized representative immediately upon request. If the storm event monitored and reported in accordance with this permit coincides with a non-stormwater discharge, the permittee shall separately monitor and report all parameters as required under the non-stormwater portion of this permit and provide this information with the stormwater discharge monitoring report. Visual monitoring for color, odor, solids, foam, outfall staining, visible sheens and dry weather flow shall be performed at all stormwater discharge outfall locations. All visual monitoring shall be documented and records maintained with the Stormwater Pollution Prevention Plan. The initial visual monitoring event shall be performed simultaneously with the first analytical monitoring event and documentation of only this initial visual monitoring event shall be submitted along with the required analytical monitoring submittal. Permit NC0025305 A.(7.) STORMWATER DEFINITIONS 1. Best Management Practices (BMPs) 2. Bulk Storage of Liquid Products 3. Landfill 4. Point Source Discharge of Stormwater 5. Representative Storm Event 6. Secondary Containment 7. Section 313 Water Priority Chemical A chemical or chemical category which: a. b. That meet at least one of the following criteria:c. (1) Measures or practices used to reduce the amount of pollution entering surface waters. BMPs may take the form of a process, activity, or physical structure. Liquid raw materials, manufactured products, waste materials or by-products with a single above ground storage container having a capacity of greater than 660 gallons or with multiple above ground storage containers located in close proximity to each other having a total combined storage capacity of greater than 1,320 gallons. A disposal facility or part of a disposal facility where waste is placed in or on land and which is not a land treatment facility, a surface impoundment, an injection well, a hazardous waste long­ term storage facility or a surface storage facility. Any discernible, confined and discrete conveyance including, but not specifically limited to. any pipe, ditch, channel, tunnel, conduit, well, or discrete fissure from which stormwater is or may be discharged to waters of the state. A storm event that measures greater than 0.1 inches of rainfall and that is preceded by at least 72 hours in which no storm event measuring greater than 0.1 inches has occurred. A single storm event may contain up to 10 consecutive hours of no precipitation. For example, if it rains for 2 hours without producing any collectable discharge, and then stops, a sample may be collected if a rain producing a discharge begins again within the next 10 hours. Spill containment for the contents of the single largest tank within the containment structure plus sufficient freeboard to allow for the 25-year, 24-hour storm event. Is listed in 40 CFR 372.65 pursuant to Section 313 of Title III of the Superfund Amendments and Reauthorization Act (SARA) of 1986, also titled the Emergency Planning and Community Right-to-Know Act of 1986: Is present at or above threshold levels at a facility subject to SARA, title III, Section 313 reporting requirements; and Is listed in Appendix D of 40 CFR part 122 on either Table II (organic priority pollutants). Table III (certain metals, cyanides, and phenols) or Table IV (certain toxic pollutants and hazardous substances); Permit NC0025305 (2) (3)Is a pollutant for which EPA has published acute or chronic water quality criteria. 8. Significant Materials 9. Significant Spills 10. Stormwater Associated with Industrial Activity 11. Stormwater Runoff 12. Grab Sample or 13. Visible Sedimentation 14. Municipal Separate Storm Sewer System 15. Rinse Water Discharge The discharge of rinse water from equipment cleaning areas associated with industrial activity. Rinse waters from vehicle and equipment cleaning areas are process wastewaters and do not include washwaters utilizing any type of detergent or cleaning agent. The flow of water which results from precipitation and which occurs immediately following rainfall or as a result of snowmelt. Solid particulate matter, both mineral and organic, that has been or is being transported by water, air, gravity, or ice from its site of origin which can be seen with the unaided eye. Is listed as a hazardous substance pursuant to section 311(b)(2)(A) of the CWA at 40 CFR 116.4: or Includes, but is not limited to: raw materials; fuels; materials such as solvents, detergents, and plastic pellets; finished materials such as metallic products; raw materials used in food processing or production; hazardous substances designated under section 101(14) of CERCLA; any chemical the facility is required to report pursuant to section 313 of Title III of SARA; fertilizers; pesticides; and waste products such as ashes, slag and sludge that have the potential to be released with stormwater discharges. Includes, but is not limited to: releases of oil or hazardous substances in excess of reportable quantities under section 311 of the Clean Water Act (Ref: 40 CFR 110.10 and CFR 117.21) or section 102 of CERCLA (Ref: 40 CFR 302.4). The discharge from any point source which is used for collecting and conveying stormwater and which is directly related to manufacturing, processing or raw material storage areas at an industrial site. Facilities considered to be engaged in "industrial activities" include those activities defined in 40 CFR 122.26(b)(14). The term does not include discharges from facilities or activities excluded from the NPDES program. An individual sample collected instantaneously. Grab samples that will be directly analyzed qualitatively monitored must be taken within the first 30 minutes of discharge. A stormwater collection system within an incorporated area of local self-government such as a city or town. Permit NC0025305 16.Stormwater Pollution Prevention Plan 17. Ten Year Design Storm 18. Total Flow 19. 25-vear. 24 hour storm event A comprehensive site-specific plan which details measures and practices to reduce stormwater pollution and is based on an evaluation of the pollution potential of the site. The maximum 24 hour precipitation event expected to be equaled or exceeded on the average once in ten years. Design storm information can be found in the State of North Carolina Erosion and Sediment Control Planning and Design Manual. The flow corresponding to the time period over which the entire storm event occurs. Total flow shall be either; (a) measured continuously, (b) calculated based on the amount of area draining to the outfall, the amount of built-upon (impervious) area, and the total amount of rainfall, or (c) estimated by the measurement of flow at 20 minute intervals during the rainfall event. The maximum 24-hour precipitation event expected to be equaled or exceeded, on the average, once in 25 years. Section B. Schedule of Compliance 1. 2. 3. Permittee shall comply with Final Effluent Limitations by the effective date of the permit unless specified below. Permittee shall at all times provide the operation and maintenance necessary to operate the existing facilities at optimum efficiency. The permittee shall comply with Final Effluent Limitations specified for discharges in accordance with the following schedule: PARTI (continued) No later than 14 calendar days following a date identified in the above schedule of compliance, the permittee shall submit either a report of progress or, in the case of specific actions being required by identified dates, a written notice of compliance or noncompliancc. In the latter case, the notice shall include the cause of noncompliance, any remedial actions taken, and the probability of meeting the next schedule requirements. SECTION A. DEFINITIONS I.Permit Issuing Authority:The Director of the Division of Water Quality. 2.Means the Division of Water Quality, Department of Environment and Natural 3.EMC Used herein means the North Carolina Environmental Management Commission. Act or "the Act"4.the Clean Water Act, as amended. 5. Mass/Day xMeasurements a. b. c. 6.Concentration Measurement PART II STANDARD CONDITIONS FOR NPDES PERMITS DEM or tLthc Division” Resources. The Federal Water Pollution Control Act, also known as 33 USC 1251, et. seq. The "maximum daily discharge" is the total mass (weight) of a pollutant discharged during a calendar day. If only one sample is taken during any calendar day the weight of pollutant calculated from it is the "maximum daily discharge." This limitation is identified as "Daily Maximum," in Part I of the permit. The "monthly average discharge" is defined as the total mass of all daily discharges sampled and/or measured during a calendar month on which daily discharges are sampled and measured, divided by the number of daily discharges sampled and/or measured during such month. It is therefore, an arithmetic mean found by adding the weights of the pollutant found each day of the month and then dividing this sum by the number of days the tests were reported. The limitation is identified as "Monthly Average" in Part 1 of the permit. The "weekly average discharge" is defined as the total mass of all daily discharges sampled and/or measured during the calendar week (Sunday - Saturday) on which daily discharges are sampled and measured, divided by the number of daily discharges sampled and/or measured during such week. It is, therefore, an arithmetic mean found by adding the weights of pollutants found each day of the week and then dividing this sum by the number of days the tests were reported. This limitation is identified as "Weekly Average" in Part I of the permit. d. The "average annual discharge" is defined as the total mass of all daily discharges sampled and/or measured during the calendar year on which daily discharges are sampled and measured, divided by the number of daily discharges sampled and/or measured during such year. It is, therefore, an arithmetic mean found by adding the weights of pollutants found each day of the year and then dividing this sum by the number of days the tests were reported. This limitation is defined as "Annual Average" in Part I of the permit. a. The "average monthly concentration," other than for fecal coliform bacteria, is the sum of the concentrations of all daily discharges sampled and/or measured during a calendar month on which daily discharges are sampled and measured, divided by the number of daily discharges sampled and/or measured during such month (arithmetic mean of the daily concentration values). The daily concentration value is equal to the concentration of a composite sample or in the case of grab samples is the arithmetic mean (weighted by flow value) of all the samples collected during that calendar day. The average monthly count for fecal coliform bacteria is the geometric mean of the counts for samples collected during a calendar month. This limitation is identified as "Monthly Average" under "Other Limits" in Part I of the permit. 6. b. a. e. f. 7.Other Measurements a. b. c. Types of Samples8. a. Flow, (MGD): The flow limit expressed in this permit is the 24 hours average flow, averaged monthly. It is determined as the arithmetic mean of the total daily flows recorded during the calendar month. An "instantaneous flow measurement" is a measure of flow taken at the time of sampling, when both the sample and flow will be representative of the total discharge. Part 11 Page 2 of 11 The "daily average concentration" (for dissolved oxygen) is the minimum allowable amount of dissolved oxygen required to be available in the effluent prior to discharge averaged over a calendar day. If only one dissolved oxygen sample is taken over a calendar day, the sample is considered to be the "daily average concentration" for the discharge. It is identified as "daily average" in the text of Part I. Composite Sample: A composite sample shall consist of: (1) 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 g. A calendar quarter is defined as one of the following distinct periods: January through March, April through June, July through September, and October through December. The "maximum daily concentration" is the concentration of a pollutant discharge during a calendar day. If only one sample is taken during any calendar day the concentration of pollutant calculated from it is the "Maximum Daily Concentration". It is identified as "Daily Maximum" under "Other Limits" in Part 1 of the permit. The "average annual concentration," other than for fecal coliform bacteria, is the sum of the concentrations of all daily discharges sampled and/or measured during a calendar year on which daily discharges are sampled and measured divided by the number of daily discharges sampled and/or measured during such year (arithmetic mean of the daily concentration values). The daily concentration value is equal to the concentration of a composite sample or in the case of grab samples is the arithmetic mean (weighted by flow value) of all the samples collected during that calendar day. The average yearly count for fecal coliform bacteria is the geometric mean of the counts for samples collected during a calendar year. This limitation is identified as "Annual Average" under "Other Limits" in Part I of the permit. The "average weekly concentration," other than for fecal coliform bacteria, is the sum of the concentrations of all daily discharges sampled and/or measured during a calendar week (Sunday/Saturday) on which daily discharges are sampled and measured divided by the number of daily discharges sampled and/or measured during such week (arithmetic mean of the daily concentration values). The daily concentration value is equal to the concentration of a composite sample or in the case of grab samples is the arithmetic mean (weighted by flow value) of all the samples collected during that calendar day. The average weekly count for fecal coliform bacteria is the geometric mean of the counts for samples collected during a calendar week. This limitation is identified as "Weekly Average" under "Other Limits" in Part 1 of the permit. A "continuous flow measurement" is a measure of discharge flow from the facility which occurs continually without interruption throughout the operating hours of the facility. Flow shall be monitored continually except for the infrequent times when there may be no flow or for infrequent maintenance activities on the flow device. The "quarterly average concentration" is the average of all samples taken over a calendar quarter. It is identified as "Quarterly Average Limitation" in the text of Part 1 of the permit. 8. a. (2) 9.Calculation of Means of any set of values is the summation of the individual values divideda b. c. 10. Calendar Dav: 11. Hazardous Substance: SECTION B. GENERAL CONDITIONS 1. A hazardous substance means any substance designated under 40 CFR Part 116 pursuant to Section 311 of the Clean Water Act. A calendar day is defined as 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. Weighted by Flow Value: Weighted by flow value means the summation of each concentration times its respective flow divided by the summation of the respective flows. Part 11 Page 3 of 11 arc individual samples collected over a period of time not exceeding 15 minutes; be taken manually. Grab samples must be representative of the discharge or the Geometric Mean: 'Hie geometric mean of any set of values is the Nth root of the product of the individual values where N is equal to the number of individual values. The geometric mean is equivalent to the antilog of the arithmetic mean of the logarithms of the individual values. For purposes of calculating the geometric mean, values of zero (0) shall be considered to be one (1). Arithmetic Mean: The arithmetic mean by the number of individual values. b. Grab Sample: Grab samples the grab sample can receiving waters. Duty to Comply The permittee must comply with all conditions of this permit. Any permit noncompliance constitutes a violation of the Clean Water Act and is grounds for enforcement action; for permit termination, revocation and reissuance, or modification; or denial of a permit renewal application. 12. Toxic Pollutant: Water Act. 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 determined by use of a flow recorder and totalizer, and the present gallon interval between sample collection fixed at no greater than 1/24 of the expected total daily flow at the treatment system, or (3) a single, continuous sample collected over a 24-hour period proportional to the rate of flow. In accordance with (1) above, the time interval between influent grab samples shall be no greater than once per hour, and the time interval between effluent grab samples shall be no greater than once per hour except at wastewater treatment systems having a detention time of greater than 24 hours. In such cases, effluent grab samples may be collected at time intervals evenly spaced over the 24-hour period which are equal in number of hours to the detention time of the system in number of days. However, in no case may the time interval between effluent grab samples be greater than six (6) hours nor the number of samples less than four (4) during a 24-hour sampling period. A toxic pollutant is any pollutant listed as toxic under Section 307(a)(1) of the Clean a. The permittee shall comply with effluent standards or prohibitions established under section 307(a) of the Clean Water Act for toxic pollutants and with standards for sewage sludge use or disposal established under section 405(d) of the Clean Water Act within the time provided in the regulations that establish these standards or prohibitions or standards for sewage sludge use or disposal, even if the permit has not yet been modified to incorporate the requirement. c. d. 3. 4. 6. 7. Part 11 Page 4 of 11 5. Property Rights The issuance of this permit does not convey any property rights in either real or persona) property, or any exclusive privileges, nor does it authorize any injury to private property or any invasion of personal rights, nor any infringement of Federal, State or local laws or regulations. offshore physical structures or 1. b. The Clean W ater Act provides that any person who violates a permit condition is subject to a civil penalty not to exceed 325,000 per day for each violation. Any person who negligently violates any permit condition is subject to criminal penalties of 82,500 to 825,000 per day of violation, or imprisonment for not more than 1 year, or both. Any person who knowingly violates permit conditions 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. Also, any person who violates a permit condition may be assessed an administrative penalty not to exceed $10,000 per violation with the maximum amount not to exceed $125,000. [Ref: Section 309 of the Federal Act 33 U.S.C. 1319 and 40 CFR 122.41 (a)] Onshore or Offshore Construction This permit does not authorize or approve the construction of any onshore or facilities or the undertaking of any work in any navigable waters. Oil and Hazardous Substance Liability Nothing in this permit shall be construed to preclude the institution of any legal action or relieve the permittee from any responsibilities, liabilities, or penalties to which the permittee is or may be subject to under NCOS 143- 215.75 et scq. or Section 311 of the Federal Act, 33 USG 1321. Furthermore, the permittee is responsible for consequential damages, such as fish kills, even though the responsibility for effective compliance may be temporarily suspended. Any person may be assessed an administrative penalty by the Administrator for violating section 301, 302, 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. Administrative penalties for Class I violations are not to exceed $10,000 per violation, with the maximum amount of any Class I penalty assessed not to exceed $25,000. Penalties for Class 11 violations are not to exceed $10,000 per day for each day during which the violation continues, with the maximum amount of any Class II penalty not to exceed $125,000. Civil and Criminal Liability Except as provided in permit conditions on "Bypassing" (Part II, C-4) and "Power Failures" (Part II, C-7), nothing in this permit shall be construed to relieve the permittee from any responsibilities, liabilities, or penalties for noncompliance pursuant to NCOS 143-215.3, 143-215.6 or Section 309 of the Federal Act, 33 USC 1319. Furthermore, the permittee is responsible for consequential damages, such as fish kills, even though the responsibility for effective compliance may be temporarily suspended. 2. Duty to Mitigate The permittee shall take all reasonable steps to minimize or prevent any discharge or sludge use or disposal in violation of this permit which has a reasonable likelihood of adversely affecting human health or the environment. Severability The provisions of this permit are severable, and 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. Under state law, a civil penalty of not more than ten thousand dollars ($10,000) per violation may be assessed against any person who violates or fails to act in accordance with the terms, conditions, or requirements of a permit. [Ref: North Carolina General Statutes § 143-215.6A] 8. 9. a. b. c. 11. Signatory Requirements All applications, reports, or information submitted to the Permit Issuing Authority shall be signed and certified. Part 11 Page 5 of 11 Duty to Provide Information The permittee shall furnish to the Permit 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 to be kept by this permit. 10. Expiration of Permit 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. 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. AU reports required by the permit and other information requested by the Permit Issuing Authority shall be signed by a person described 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 position having responsibility for the overall operation of the regulated facility or activity, such as the position of plant manager, operator of a wcU or well field, superintendent, a position of equivalent responsibihty, or an individual or position 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 position.); and (3) The written authorization is submitted to the Permit Issuing Authority. 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 employing more than 250 persons or having gross annual sales or expenditures exceeding 25 million (in second quarter 1980 dollars), if 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. Certification. Any person signing a document under paragraphs a. or b. of this section shall make the following certification: "1 certify, under penalty of law, that this document and all attachments were prepared under my direction or supervision in accordance with a system designed to assure that qualified personnel properly gather and evaluate the information submitted. Based on my inquiry of the person or persons who manage the system, or those persons directly responsible for gathering the information, the information submitted is, to the best of my knowledge and belief, true, accurate, and complete. I am aware that there are significant penalties for submitting false information, including the possibility of fines and imprisonment for knowing violations." Duty to Reapply If the permittee wishes to continue an activity regulated by this permit after the expiration date of this permit, the permittee must apply for and obtain a new permit. SECTION C. OPERATION AND MAINTENANCE OF POLLUTION CONTROLS Part II Page 6 of 11 13. Permit Modification, Revocation and Reissuancc, 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 ISA of the North Carolina Administrative Code, Subchapter 2H .0100; and North Carolina General Statute 143-215.1 et. al. 1. Certified Operator Pursuant to Chapter 90A-44 of North Carolina General Statutes, and upon classification of the facility by the Certification Commission, the permittee shall employ a certified wastewater treatment plant operator in responsible charge (ORC) of the wastewater treatment facilities. Such operator must hold a certification of the grade equivalent to or greater than the classification assigned to the wastewater treatment facilities by the Certification Commission. The permittee must also employ a certified back-up operator of the appropriate type and any grade to comply with the conditions of Title ISA NCAC Chapter 8G .0200. The ORC of the facility must visit each Class 1 facility at least weekly and each Class II, III, and IV facility at least daily, excluding weekends and holidays, and must properly manage and document daily operation and maintenance of the facility and must comply with all other conditions of Title ISA, NCAC Chapter 8G .0200. Once the facility is classified, the permittee shall submit a letter to the Certification Commission which designates the operator in responsible charge within thirty days after the wastewater treatment facilities are 50% complete. 14. Previous Permits All previous National Pollutant Discharge Elimination System Permits issued to this facility, whether for operation or discharge, are hereby revoked by issuance of this permit. [The exclusive authority to operate this facility arises under this permit. The authority to operate the facility under previously issued permits bearing this number is no longer effective. ] The conditions, requirements, terms, and provisions of this permit authorizing discharge under the National Pollutant Discharge Elimination System govern discharges from this facility'. 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. 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 operation of back-up or auxiliary facilities or similar systems which arc installed by a permittee only when the operation is necessary to achieve compliance with the conditions of the permit. 4. Bypassing of Treatment Facilities a. Definitions (1) "Bypass" means 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. (2) "Severe property damage" means 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 does not mean economic loss caused by delays in production. 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 rcissuance, or termination, or a notification of planned changes or anticipated noncompliance does not stay any permit condition. c. d. a. b. Effect of an upset: c. d. Burden of proof: Prohibition of Bypass (1) Bypass is prohibited and the Permit Issuing Authority may take enforcement action against a permittee for bypass, unless: In any enforcement proceeding the permittee seeking to establish the occurrence of an upset has the burden of proof. Part 11 Page 7 of 11 effluent limitations to be exceeded, but are not subject to the Conditions necessary' for a demonstration of upset: A permittee who wishes to establish the affirmative defense of upset shall demonstrate, through properly signed, contemporaneous operating logs, or other relevant evidence that: 4. b. Bypass not exceeding limitations. The permittee may allow any bypass to occur which does not cause only if it also is for essential maintenance to assure efficient operation. These bypasses provisions of Paragraphs c. and d. of this section. (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 c. of this section. (2) The Permit Issuing Authority may approve an anticipated bypass, after considering its adverse affects, if the Permit Issuing Authority' determines that it will meet the three conditions listed above in Paragraph d. (1) of this section. An upset constitutes an affirmative defense to an action brought for noncompliance with such technology' based permit effluent limitations if the requirements of paragraph c. 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. Notice (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 affect of the by pass. (2) Unanticipated bypass. The permittee shall submit notice of an unanticipated bypass as required in Part II, E. 6. of this permit. (24 hour notice). 5. Upsets Definition: "Upset" means an exceptional incident in which there is unintentional and temporary noncompliance with technology’ based permit effluent limitations because of factors beyond the reasonable control of the permittee. An upset does not include noncompliance to the extent caused by operational error, improperly designed treatment facilities, inadequate treatment facilities, lack of preventive maintenance, or careless or improper operation. (1) An upset occurred and that the permittee can identify the cause(s) of the upset; (2) The permittee 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) (B) of this permit. (4) The permittee complied with any remedial measures required under Part II, B. 2. of this permit. SECTION D. MONITORING AND RECORDS 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. Duplicate signed copies of these, and all other reports required herein, shall be submitted to the following address: NC DENR / Division of Water Quality / Water Quality Section ATTENTION: Central Files 1617 Mail Service Center Raleigh, North Carobna 27699-1617 Part II Page 8 of 11 1. Representative Sampling Samples collected and measurements taken, as required herein, shall be characteristic of the volume and nature of the permitted discharge. Samples collected at a frequency less than daily shall be taken on a day and time that is characteristic of the discharge over the entire period which the sample represents. All samples shall be taken at the monitoring points specified in this permit and, unless otherwise specified, before the effluent joins 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 Permit Issuing Authority. 2. Reporting Monitoring results obtained during the previous month(s) shall be summarized for each month and reported on a monthly Discharge Monitoring Report (DMR) Form (DEM No. MR 1, 1.1, 2, 3) or alternative forms approved by the Director, DEM, postmarked no later than the 30th day following the completed reporting period. 7. Power Failures The permittee is responsible for maintaining adequate safeguards as required by DEM Regulation, Title ISA, North Carolina Administrative Code, Subchapter 2H, .0124 Reliability, 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. 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. The permittee shall comply with all existing federal regulations governing the disposal of sewage sludge. Upon promulgation of 40 CFR Part 503, any permit issued by the Permit Issuing Authority for the utilization/disposal of sludge may be reopened and modified, or revoked and reissued, to incorporate applicable requirements at 40 CFR Part 503. The permittee shall comply with appbcable 40 CFR Part 503 Standards for the Use and Disposal of Sewage Sludge (when promulgated) within the time provided in the regulation, even if the permit is not modified to incorporate the requirement. The permittee shall notify the Permit Issuing Authority of any significant change in its sludge use or disposal practices. 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 are 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. Once-through condenser cooling water flow which is 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. 5. 6. a. b. Part II Page 9 of 11 e. f. or sample taken pursuant to the requirements of this permit, the permittee shall record 7. Recording Results For each measurement the following information: Records Retention Except for records of monitoring information required by this permit 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 permittee shall retain records of all monitoring information, including all calibration and maintenance records and all original strip chart recordings for continuous monitoring instrumentation, copies of all reports required by this permit, 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. To meet the intent ot the monitoring required by this permit, all test procedures must produce minimum 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 determined capable of achieving minimum 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. Penalties for Tampering The Clean Water Act 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. 4. Test Procedures 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 Air Quality Reporting Acts, and to regulations published pursuant to Section 304(g), 33 USC 1314, of the Federal W'ater Pollution Control Act, as Amended, and Regulation 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 permit. 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; Enter 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; Have access to and copy, at reasonable times, any records that must be kept under the conditions of this permit; 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 Clean Water Act, any substances or parameters at any location. a. The date, exact place, and time of sampling or measurements; b. The individual(s) who performed the sampling or measurements; c. The date(s) analyses were performed; d. The individual(s) who performed the analyses; The analytical techniques or methods used; and The results of such analyses. SECTION E REPORTING REQUIREMENTS 1. a. b. 4. a. b. c. a. 5. Monitoring Reports Monitoring results shall be reported at the intervals specified elsewhere in this permit. Part 11 Page 10 of 11 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. as possible of any planned physical alterations or additions 2. Planned Changes The permittee shall give notice to the Director as soon to the permitted facility. Notice is required only when: The alteration or addition to a permitted facility may meet one of the criteria for determining whether a facility is a new source in 40 CFR Part 122.29 (b); or The alteration or addition could significantly change the nature or increase the quantity of pollutants discharged. This notification applies to pollutants which are subject neither to effluent limitations in the permit, nor to notification requirements under 40 CFR Part 122.42 (a) (1). The alteration or addition results in a significant change in the permittee’s sludge use or disposal practices, and such alternation, addition or change may justify the application of permit conditions that are different from or absent in the existing permit, including notification of additional use or disposal sites not reported during the permit application process or not reported pursuant to an approved land application plan. Transfers This permit is not transferable to any person except after notice to the Director. The Director may require modification or revocation and reissuance of the permittee and incorporate such other requirements as may be necessary under the Clean Water Act. 3. Anticipated Noncompliance The permittee shall give advance notice to the Director of any planned changes in the permitted facility or activity which may result in noncompliance with permit requirements. 6. Twenty-four Hour Reporting The permittee shall report to the central office or the appropriate regional office any noncompliance which may endanger 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 times, and if the noncompliancc 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. Monitoring results must be reported on a Discharge Monitoring Report (DMR) (See Part II. D. 2 of this permit) or forms provided by the Director for reporting results of monitoring of sludge use or disposal practices. If the permittee monitors any pollutant more frequently than required by the permit, using test procedures specified in Part II, D. 4. of this permit or in the case of sludge use or disposal, approved under 40 CFR 503, or as specified in this permit, the results of this monitoring shall be included in the calculation and reporting of the data submitted in the DMR. Calculations for all limitations which require averaging of measurements shall utilize an arithmetic mean unless otherwise specified by the Director in the permit. 6. b. ’fhe tollowing shall be included The Director may waive the written reportc. 7. 8. 9. a. the appropriate regional office of the the next working day following the Part II Page 11 of 11 on a case-by-case basis for reports under paragraph b. above of this condition if the oral report has been received within 24 hours. Other Information Where the permittee becomes submitted incorrect information in such facts or information. as information which must be reported within 24 hours under this paragraph: 10. Availability of 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 of Water Quality. 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. (1) Any unanticipated bypass which exceeds any effluent limitation in the permit. (2) Any upset which exceeds any effluent limitation in the permit. (3) Violation of a maximum daily discharge limitation for any of the pollutants listed by the Director in the permit to be reported within 24 hours. Noncompliance Notification The permittee shall report by telephone to either the central office or Division as soon as possible, but in no case more than 24 hours or on occurrence or first knowledge of the occurrence of any of the following: Persons reporting such occurrences following first knowledge of the aware that it failed to submit any relevant facts in a permit application, or a permit application or in any report to the Director, it shall promptly submit 11. Penalties for Falsification of Reports The Clean Water Act provides that any person who knowingly 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 $10,000 per violation, or by imprisonment for not more than two years per violation, or by both. Other Noncompliance The permittee shall report all instances of noncompliance not reported under Part 11. E. 5 and 6. of this permit at the time monitoring reports are submitted, 'fhe reports shall contain the information listed in Part II. E. 6. of this permit. 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 incapable of adequate wastewater treatment such as mechanical or electrical failures of pumps, aerators, compressors, etc. Any failure of a pumping station, sewer line, or treatment facility resulting in a by-pass directly to receiving waters without treatment of all or any portion of the influent to such station or facility. by telephone shall also file a written report in letter form within 5 days occurrence. A. The permittee must pay the annual administering and compliance monitoring fee within 30 (thirty) days after being billed by the Division. Failure to pay the fee in a timely manner in accordance with 15A NCAC 2H .0105(b)(4) may cause this Division to initiate action to revoke the permit. PART IV ANNUAL ADMINISTERING AND COMPLIANCE MONITORING FEE REQUIREMENTS PART III OTHER REQUIREMENTS 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 pg/L); (2) One milligram per liter (1 mg/L) for antimony; (3) Ten (10) times the maximum concentration value reported for that pollutant in the permit application. B. Groundwater Monitoring The permittee shall, upon written notice from the Director of the Division of Water Quality, conduct groundwater monitoring as may be required to determine the compliance of this NPDES permitted facility with the current groundwater standards. A. Construction No construction of wastewater treatment facilities or additions to add to the plant's treatment capacity or to change the type of process utilized at the treatment plant shall be begun until Final Plans and Specifications have been submitted to the Division of Water Quality and written approval and Authorization to Construct has been issued. D. Requirement to Continually Evaluate Alternatives to Wastewater Discharges The permittee shall continually evaluate all wastewater disposal alternatives and pursue the most environmentally sound alternative of the reasonably cost effective alternatives. If the facility is in substantial non-compliance with the terms and conditions of the NPDES permit or governing rules, regulations or laws, the permittee shall submit a report in such form and detail as required by the Division evaluating these alternatives and a plan of action within sixty (60) days of notification by the Division. 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: 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 ptg/L); (2) Two hundred micrograms per liter (200 pg/L) for acrolein and acrylonitrile; five hundred micrograms per liter (500 pg/L) for 2.4-dinitrophenol and for 2-methyl-4.6-dinitrophenol; and one milligram per liter (1 mg/L) for antimony; (3) Five (5) times the maximum concentration value reported for that pollutant in the permit application.