HomeMy WebLinkAboutNC0025305_Final Permit_20060807F
:6, 2006July
X
AUG 7 2006
Dear Ms. Suttenfield:
This final permit includes the following changes from the draft permit sent to you on May 24, 2006:
requirements that are not found in your
North Carolina Division of Water Quality
Internet: www.ncwaterqualitY.org
Subject: Issuance of NPDES Permit NC0025305!
UNC Cogeneration Facility
Orange County
Mich ( p Easley, Governor
Wilha q Ross Jr., Secretary
Ms. Nancy D. Suttenfield
University of North Carolina
300 South Building
Campus Box 1000
Chapel Hill, NC 27599-1000
Customer Service
1-877-623-6748
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).
North Carolina Department of Environme and Natural Resources
AlanKlimek, P.E. Director
•ivision of Water Quality
I
also be aware that this permit contains the following ntw
&
NprthCarolina
Naturally
• Language has been added to the Supplement to Permit Cover Sheet and the Effluent Limitations and
Monitoring page for outfall 001 to explicitly include the emergency discharge of non contact
cooling water as being covered by this permit. Any sudn discharge is required to be monitored per
the monitoring requirements listed for outfall 001.
^^^^^^^Vurrent NPDES permit:
• Monitoring requirements have been added for Total Kjelaal Nitrogen and Nitrates + Nitrites
pursuant to the Division’s Cape Fear River Basin permit ng strategy, which is primarily concerned
with the discharge of nutrients and oxygen consuming w;tes.
• A permit re-opener condition regarding nutrient manage mt has been added to the permit.
Please be aware that Morgan Creek is listed as an impaired st am on North Carolina’s 303(d) list. This
means that the stream does not meet all water quality standan Although other sources are suspected
as the main contributors to this degradation, the Division wilbntinue to monitor compliance at your
facility and take appropriate steps should the discharge be foul to cause any further impairment of the
stream.
1617 Mail Service Center Raleigh, NC699-1617 Phone (919) 733-7015
Location: 512 N. Salisbury St. Raleigh, NC 504 Fax (919)733-2496
An Equal Opportunity/Affirmative Action Employer - 50% Recycled Post Consumer Paper
~a
Sincerely,
1
G
Please note that this jnmt i^
require modification or^H
requirements to obmii.™
required by the Division^
Local governmental permiW
Ms. Nancy Douttenfie^ w
NPDES Perm NC0025305 Renewal
p.2
Bible except after notice to the Division. The Division may
fgi/Bssuance of the permit. This permit does not affect the legal
■ h may be required by the Division of Water Quality or permits
■Fees, the Coastal Area Management Act or any other Federal or
required.
■ ieral Statutes, and filed with the Office of
R aleigh, North Carolina 27699-6714). Unless
If you have any questions concerning this permit, please contact Bob Sledge at telephone number (919)
733-5083, extension 547.
cc: Central Files
Raleigh Regional Office/Surface Water Protection Section
NPDES Unit
If any parts, me>urement frequencies or sampling reqiwirernents contained in this permit are
unacceptable to'ou, you have the right to an adjudicaiBiry hearing upon written request within thirty
(30) days folloWg receipt of this letter. This request^nust be in the form of a written petition,
conforming to Copter 150B of the North Carolina Gi
Administrative barings (6714 Mail Service Centei^
such demand is mie> this decision shall be ri^fhal and binding.
^jt^Alan W. Klimek, P.E.
North Carolin;
July 2006
■?
7 2006U
Dear Ms. Suttenfield:
N&hCarolina
Naturally
Raleigh, N(699-1617Internet www.ncwaterqualitY.org
Ms. Nancy D. Suttenfield
University of North Carolina
300 South Building
Campus Box 1000
Chapel Hill, NC 27599-1000
Customer Service
1-877-623-6748
co/F
> IL
Subject: Issuance of NPDES Permit NC0025305
UNC Cogeneration Facility
Orange County
*F- Easley, Governor
Mic
G. Ross Jr., Secretary
Win and Natural Resources
•ronnj
Klimek, P.E. Director
Ala >i vision of Water QuaUty
'^PartaentofB,^
Division personnel have reviewed and approved your application for renewal of the subiect nerwit
subZquently rn^dd)2 'he US’ EnVirOnmental Protection Agency dated May 9, igg^aT6"'
N-c^aDi^ofWaterQualiIy R:3.S,617
An Equal Opportunity/Affirmative Action Employer - 50% Recycler post Consumer Paper
This final permit includes the following changes from the draft permit sent to you on May 24, 2006-
• Monitoring requirements have been added for Total Kjelnal Nitrogen and Nitrates + Nitric
”h“" ““
• A permit re-opener condition regarding nutrient managetmt has been added to the permit.
UJ
If you have any questions concerning this permit, please
733-5083, extension 547.
Sincerely,
G
cc: Central Files
Raleigh Regional Office/Surface Water Protection Section
NPDES Unit
Ms. Nancy D. Suttenfield
NPDES Permit NC0025305 Renewal
p.2
pp^Alan W. Klimek, P.E.
contact Bob Sledge at telephone number (919)
able except after notice to the Division. The Division may
ssuance of the permit. This permit does not affect the legal
h may be required by the Division of Water Quality or permits
xces, the Coastal Area Management Act or any other Federal or
e required.
Please note that this oermit is *
require modification o r re
requirements to obtaii?
required by the Division
Local governmental permit ..i
If any parts, mea? surement frequencies or sampling recirements contained in this permit are
“n®cjeptaNet0: ./ou’ you have the ngh1 to an adjudicjry hearing upon written request within thirty
(30) days followt mg receipt of this letter. This requesmust be in the form of a written petition
conforming to Ci. ■'apter 150B of the North Carolina Gieral Statutes, and filed with the Office of
Administrative He. arings (6714 Mail Service Centen<aleigh, North Carolina 27699-6714). Unless
such demand is mac le, this decision shall be fial and binding.
Permit NC0025305
PERMIT
University of North Carolina at Chapel Hill
is hereby authorized to discharge wastewater from a facility located at the
AUG 120®
to receiving waters designated as an unnamed tributary to Morgan Creek in the Cape Fear River Basin
This permit shall become effective September 1, 2006.
This permit and authorization to discharge shall expire at midnight on July 31, 2011.
Signed this day July 26, 2006.
in accordance with effluent limitations, monitoring requirements, and other conditions set forth in Parts
I, H, HI 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, the
STATE OF NORTH CAROLINA
DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES
DIVISION OF WATER QUALIT\r
TO DISCHARGE WASTEWATER UNDER THE
NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM
UNC Cogeneration Facility
West Cameron Avenue
Chapel Hill
Orange County
Alan W. Klimek, P.E., Director
Division of Water Quality
By Authority of the Environmental Management Commission
Permit NC0025305
SUPPLEMENT TO PERMIT COVER SHEET
The University of North Carolina at Chapel Hill is hereby authorized to:
1.
2.
3.
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.
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
Discharge from said treatment works at the location specified on the attached map into an unnamed
tributary to Morgan Creek, which is a classified WS-IV NSW waterbody in the Cape Fear River
Basin.
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, or when emergency conditions exist such that once through, non-contact
cooling water from a closed loop cooling system must be discharged.
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.
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.
A
NorthMAP NOT TO SCALE
03-06-06
D22NE/Chapel Hill.NC
Facility
Location
UNC - Chapel Hill
NC0025305
Cogeneration Facility WWTP
Latitude (001):
Longitude(OOl):
Stream Class:
Receiving Stream:
NC00025305 - UNC Chapel Hill
35°'54,22” Sub-Basin:
79°03'39” Quad #:
WSIV-NSW
unnamed tributary to Morgan Creek
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Permit NC0025305
A. (1.) EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS-FINAL
Flow Recording
Temperature (9C)2 Weekly Grab
There shall be no discharge of floating solids or visible foam in other than trace amounts.
30.0 mg/L
15.0 mg/L
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, or when once through, non-contact
cooling water must be discharged during emergency conditions. 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.
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], Non-Contact Cooling Water). Such discharges shall be limited
and monitored by the Permittee as specified below:
100 mg/L
20.0 mg/L
250 mg/L
250 mg/L
2/Week
Weekly
Weekly
Weekly
Weekly
Weekly
Weekly
Weekly
Quarterly
Quarterly
Quarterly
Quarterly
Episodic
Weekly
Weekly
Grab
Grab
Grab
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
Effluent
Effluent
Effluent, Upstream,
Downstream
Total Residual Chlorine3
Total Suspended Solids (TSS)
Oil and Grease_________
Chlorides_____________
Sulfates
Copper______________
Iron_________________
Zinc________________
Total Nitrogen4 (mg/L)_____
TKN________________
no3-n+NQ2-N_________
Total Phosphorus________
Acute Toxicity5__________
pH6_________________
Conductivity
___________
Instantaneous
1. ■
Measurement
Frequency
Continuous
LIMITS
_______________________________________________________' ■
Monthly Average
__________________Maximum
0.0922 MGD
EFFLUENT
CHARACTERISTICS
■
Notes:
1. Sample locations: Upstream - upstream at vault prior to reaching unnamed tributary; Downstream -
downstream at convenient site prior to reaching Morgan Creek.
2. 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.
3. Chlorine shall be monitored if chlorine is added to any wastestream.
4. TN = TKN + NO3-N + NO2-N, where TN is Total Nitrogen, TKN is Total Kjeldahl Nitrogen, and NO3-N
and NO2-N are Nitrate and Nitrite Nitrogen, respectively.
5. Acute toxicity (24 hr, fat head minnow test) shall be performed on an episodic basis. See Part A.(4.)
6. 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.
Effluent
Permit NC0025305
A. (2.) STORMWATER MONITORING REQUIREMENTS/Analytical Monitoring - FINAL
Units
1
W6
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:
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)).
Notes:
1. 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.
2. 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.
3. 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).
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
MONITORING REQUIREMENTS
%!eCut-off
Concentration'
■
Sample 1 Sample
TyPe Location3
■
SDO
STORMWATER
DISCHARGE
CHARACTERISTICS
’ -Measurement
Frequency^
LIMITS
1
Permit NC0025305
A. (3). STORMWATER MONITORING REQUIREMENTS/ Qualitative Monitoring - FINAL
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 are 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.
Characteristics
Color_________
Odor__________
Clarity_________
Floating Solids
Suspended Solids
Foam_________
Oil Sheen_____________________________
Other obvious indicators of stormwater pollution
SDO______
SDO______
SDO______
SDO______
SDO______
SDO
SDO______
SDO
___"f“ZoT
______________Semi-Annual_____
______________Semi-Annual_____
______________Semi-Annual_____
______________Semi-Annual_____
______________Semi-Annual_____
______________Semi-Annual_____
Semi-Annual_____
Semi-Annual
Stormwater Discharge
Permit NC0025305
A. (4.) ACUTE TOXICITY MONITORING (EPISODIC)
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
(Pimephales 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.
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
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.
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.
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.
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 Section
North Carolina Division of Water Quality
1621 Mail Service Center
Raleigh, N.C. 27699-1621
Permit NC0025305
A. (5.) STORMWATER POLLUTION PREVENTION PLAN
a.
(1)
(2)
(3)
(4)
(5)
b.
(1)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 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.
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.ll.
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.
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.
A narrative description of storage practices, loading and unloading activities, outdoor
process areas, dust or particulate generating or control processes, and waste disposal
practices.
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:
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:
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:
Permit NC0025305
(2)
(3)
(4)
c.
d.
e.
f.
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.
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.
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.
A schedule to provide secondary containment for bulk storage of liquid materials,
storage of Section 313 of Title HI 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.
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.
Inspection schedules of stormwater conveyances and controls and measures to be taken
to limit or prevent erosion associated with the stormwater systems.
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.
Permit NC0025305
g-
h.
i.
A. (6.) STORMWATER MINIMUM MONITORING AND REPORTING REQUIREMENTS
Minimum monitoring and reporting requirements are as follows unless otherwise approved in writing
by the Director of the Division of Water Quality:
a.
b.
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 HI, Standard
Conditions, Section B.ll.) to the Director that the changes have been made.
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.
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.
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.
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. All
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.
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.
Permit NC0025305
c.
(1)
(2)
d.
e.
f.
(1)All other discharges that are authorized by an NPDES permit.
(2)
Discharges resulting from fire-fighting.(3)
g-
A. (7.) STORMWATER DEFINITIONS
1. Best Management Practices (BMPs)
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.
Analytical results from sampling during the final year of the permit term shall be submitted
with the permit renewal application.
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.
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.
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:
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.
This permit regulates stormwater discharges associated with industrial activity. Non
stormwater discharges which shall be allowed in the stormwater conveyance system are:
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.
Permit NC0025305
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)
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.
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.
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.
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 listed in Appendix D of 40 CFR part 122 on either Table H (organic priority
pollutants), Table DI (certain metals, cyanides, and phenols) or Table IV (certain
toxic pollutants and hazardous substances);
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.
Is present at or above threshold levels at a facility subject to SARA title DI, Section 313
reporting requirements; and
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.
Permit NC0025305
(2)
(3)
8- Significant Materials
9. Significant Spills
10. Stormwater Associated with Industrial Activity
11. Stormwater Runoff
12. Grab Sample
13. Visible Sedimentation
14. Municipal Separate Storm Sewer System
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.
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 HI of SARA; fertilizers; pesticides; and
waste products such as ashes, slag and sludge that have the potential to be released with stormwater
discharges.
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.
The flow of water which results from precipitation and which occurs immediately following
rainfall or as a result of snowmelt.
Is listed as a hazardous substance pursuant to section 311(b)(2)(A) of the CWA
at 40 CFR 116.4; or
Is a pollutant for which EPA has published acute or chronic water quality
criteria.
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).
An individual sample collected instantaneously. Grab samples that will be directly analyzed or
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
15. Rinse Water Discharge
16. Stormwater Pollution Prevention Plan
17. Ten Year Design Storm
18. Total Flow
19. 25-year, 24 hour storm event
A. (8.) PERMIT RE-OPENER: NUTRIENT CONTROLS
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 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.
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 Division may, upon written notification to the Permittee, re-open this Permit in order to
incorporate or modify effluent limitations, monitoring and reporting requirements, and other permit
conditions when it deems such action is necessary to implement nutrient management requirements
such as those established through rulemaking or USEPA approval of TMDL(s).
The maximum 24-hour precipitation event expected to be equaled or exceeded, on the average,
once in 25 years.
Section A. Definitions
calendar days between sampling events.
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PART II
STANDARD CONDITIONS FOR NPDES PERMITS
Calendar Day
The period from midnight of
Arithmetic Mean
The summation of the individual values divided by the number of individual values.
Act or "the Act"
The Federal Water Pollution Control Act, also known as the Clean Water Act, as amended, 33 USC 1251, et. seq.
Calendar Quarter
One of the following distinct periods: January through March, April through June, July through September, and
October through December.
3/Week
Samples are collected three times per week on three separate calendar days.
' ‘ ‘ ' 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.
2/Month
Samples are collected twice per month with at least ten
Annual Average
The arithmetic mean of all "dailv’discharges" of a pollutant measured during the calendar year. In the case of fecal
coliform, the geometric mean of such discharges.
^BDES Permit Requirements
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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.
over a 24-hour period at
a constant time interval This method may only be used in situations where effluent flow rates vary
less than 15 percent. The grab samples shall be taken at intervals of no greater than 20 minutes apart
during any 24-hour period and must be of equal size and of no less than 100 milliliters. Use of this method
requires prior approval by the Director.
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
(2) Constant time/variable volume: a series of grab
over a 24-hour period proportional to the rate of flow.
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 determined 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
(4) Constant time/constant volume: a series of grab samples of equal volume collected
Version 6/20/2003
collected manually. Grab samples
samples).
Daily Sampling
Parameters requiring daily sampling shall be sampled 5 out of every 7 days per week unless otherwise specified in the
permit. The Division expects that 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 permit parameters), that requirement will be so noted on the Effluent Limitations and Monitoring Page(s).
NPDES Permit Requirements
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In accordance with (4) above, influent grab samples shall not be collected more than once per hour.
Effluent grab samples shall not be collected more 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
intervals evenly spaced over the 24-hour period that are equal in number of hours to the detention time of the
system in number of days. However, the interval between effluent grab samples may not exceed six hours nor
the number of samples less than four during a 24-hour sampling period.
Grab Sample
Individual samples of at least 100 ml collected over a period of time not exceeding 15 minutes. Grab samples can be
* s must be representative of the discharge (or the receiving stream, for instream
Instantaneous flow measurement
A measure of flow taken at the time of sampling, when both the sample and flow will be representative of the total
discharge.
Hazardous Substance
Any substance designated under 40 CFR Part 116 pursuant to Section 311 of the Clean Water Act.
DWO or “the Division”
The Division of Water Quality, Department of Environment and Natural Resources.
Daily Maximum
The highest “daily discharge” during the calendar month.
EMC
The North Carolina Environmental Management Commission.
Geometric Mean
The Nth root of the product of the individual values where N = the number of individual values. For purposes of
calculating the geometric mean, values of “0” (or “< [detection level]”) shall be considered = 1.
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 the day. The "daily discharge” concentration comprises the m^n
concentration for a 24-hour sampling period as either a composite sample concentration or the arithmetic mean of all
grab samples collected during that period. (40 CFR 122.3)
Facility Closure
The cessation of wastewater treatment at a permitted facility, or the cessation of all activities that require coverage
under the NPDES. Completion of facility closure will allow this permit to be rescinded.
Continuous flow measurement
Flow monitoring that occurs 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.
Section B. General Conditions
The Permittee shall comply with effluent standardsa.
if the permit has not yet been
b.
c.
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Permit Issuing Authority
The Director of the Division of Water Quality.
DES Permit Requirements
Page 3 of 16
Quarterly Average (concentration limit)
The average of all samples taken over a calendar quarter.
Toxic Pollutant:
Any pollutant listed as toxic under Section 307(a)(1) of the Clean VC'ater Act.
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.
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, the geometric mean of such discharges.
Upset
An incident beyond the reasonable control of the Permittee causing unintentional and temporary’ noncomphance 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 prevenuve
maintenance, or careless or improper operation.
Weekly Average (concentration limit)
The arithmetic mean of all "daily discharges" of a pollutant measured during the calendar week. In the case of fecal
coliform, the geometric mean of such discharges.
1. 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 [40 CFR 122.41].
* *; 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
modified to incorporate the requirement.
The Clean Water Act provides that any person who violates section 301, 302, 306, 307, 308, 318 or 405 of the
Act, or any permit condition or limitation implementing any such sections in a permit issued under section
402, or any requirement imposed in a pretreatment program approved under sections 402(a)(3) or 402(b)(8)
of the Act, is subject to a civil penalty not to exceed $25,000 per day for each violation. [40 CFR 122.41 (a)
(2)]
The Clean Water Act provides that any person who negligently violates sections 301, 302, 306, 307, 308, 318, or
405 of the Act, or any condition or limitation implementing any of such sections in a permit issued under
section 402 of the Act, or any requirement imposed in a pretreatment program approved under section
402(a)(3) or 402(b)(8) of the Act, is subject to criminal penalties of $2,500 to $25,000 per day of violation, or
imprisonment of not more than 1 year, or both. In the case of a second or subsequent conviction for a
negligent violation, a person shall be subject to criminal penalties of not more than $50,000 per day of
violation, or by imprisonment of not more than 2 years, or both. [40 CFR 122.41 (a) (2)]
d.
£
g-
2.
3.
4.
5.
6.
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NPDES Permit Requirements
Page 4 of 16
or requirements of a permit. [North
or offshore physical structures or
Onshore or Offshore Construction
This permit does not authorize or approve the construction of any onshore
facilities or the undertaking of any work in any navigable waters.
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, or any permit 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 $10,000 per violation, with the maximum amount of any Class I penalty assessed not to exceed
$25,000. Penalties for Class II 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 F40 CFR
122.41 (a) (3)] ’ 1
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
[40 CFR 122.41 (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 dav of violation, or imprisonment of not more than 6 years or both
[40 CFR 122.41 (a) (2)]
Property Rights
The issuance of this permit does not convey any property rights in either real or personal property, or any
exclusive privileges, nor does it authorize any injury to private property or any invasion of personal rights, nor
any infringement of Federal, State or local laws or regulations [40 CFR 122.41 (g)J.
Civil and Criminal Liability
Except as provided in permit conditions on "Bypassing" (Part II. C. 4), “Upsets” (Part II. C. 5) 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 NCGS 143-215.3, 143-215.6 or Section 309
of the Federal Act, 33 USC 1319. Furthermore, the Permittee is responsible for consequential damages, such as
fish kills, even though the responsibility for effective compliance may be temporarily suspended.
Oil and Hazardous Substance Liability
Nothing in this permit shall be construed to preclude the institution of any legal action or relieve the Permittee
from any responsibilities, liabilities, or penalties to which the Permittee is or may be subject to under NCGS 143-
215.75 et seq. or Section 311 of the Federal Act, 33 USG 1321. Furthermore, the Permittee is responsible for
consequential damages, such as fish kills, even though the responsibility for effective compliance may be
temporarily suspended.
Any person who knowingly violates section 301, 302, 303, 306, 307, 308, 318 or 405 of the Act, or any permit
condition or limitation implementing any of such sections 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 injury, 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 endangermen t
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)(iii) 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)]
Under state law, a dvil penalty of not more than $25,000 per violation may be assessed against any person
who violates or fails to act in accordance with the terms, conditions,
Carolina General Statutes § 143-215.6A]
r
7.
8.
9.
3.
Version 6/20/2003
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 [40 CFR 122.41 (b)].
Severability
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 150B-23J.
1.
2.
(2)
(3)
'DES Permit Requirements
Page 5 of 16
b. All reports required by the permit and other information requested by the Permit Issuing Authority shall be
or by a duly authorized representative of that person. A
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 by this permit [40 CFR 122.41 (h)].
11. Signatory Requirements
All applications, reports, or information submitted to the Permit Issuing Authority shall be signed and certified
[40 CFR 12241 (k)].
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.
All permit applications shall be signed as follows:
For a corporation: by a responsible corporate officer. For the purpose of this Section, a responsible
corporate officer means: (a) a president, secretary, treasurer or vice president of the corporation in
charge of a principal business function, or any other person who performs similar policy or decision
making functions for the corporation, or (b) the manager of one or more manufacturing, production, or
operating facilities, provided, the manager is authorized to make management decisions which govern the
operation of the regulated facility including having the explicit or implicit duty of making major capital
investment recommendations, and initiating and directing other 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
For a partnership or sole proprietorship: by a general partner or the proprietor, respectively; or
For a municipality. State, Federal, or other public agency: by either a principal executive officer or
ranking elected official [40 CFR 12222).
signed by a person described in paragraph a. above
person is a duly authorized representative only if:
The authorization is made in writing by a person described above;
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 well or
well field, superintendent, a position of equivalent responsibility, 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
The written authorization is submitted to the Permit Issuing Authority [40 CFR 12222]
a.
(1)
Section C. Operation and Maintenance of Pollution Controls
Version G/20/2003
The ORC of each Class II, III and IV facility must
> Visit the facility at least daily, excluding weekends and holidays
> Properly manage and document daily operation and maintenance of the facility
> Comply with all other conditions of ISA NCAC 8G.0204.
The ORC of each Class I facility must
> Visit the facility at least weekly
> Comply with all other conditions of ISA NCAC 8G.0204.
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 ISA NCAC 2H.0105 (b) (4)
may cause this Division to initiate action to revoke the permit.
NPDES Permit Requirements
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1. Certified Operator
Upon classification of the permitted facility by the Certification Commission, the Permittee shall employ a
certified water pollution control treatment system operator in responsible charge (ORC) of the water pollution
control treatment system. Such operator must hold a certification of the grade equivalent to or greater than the
classification assigned to the water pollution control treatment system by the Certification Commission. The
Permittee must also employ one or more certified Back-up .ORCs who possess a currently valid certificate of the
type of the system. Back-up ORCs must possess a grade equal to (or no more than one grade less than) the grade
of the system [15A NCAC 8G.0201].
131 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; Tide 15A of the North Carolina
Administrative Code, Subchapter 2H .0100; and North Carolina General Statute 143-215.1 et. al.
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)].
Once the facility is classified, the Permittee shall submit a letter to the Certification Commission designating the
operator in responsible charge:
a. Within 60 calendar days prior to wastewater being introduced into a new system
d. Certification. Any person signing a document under paragraphs a. or b. of this section shall make the
following certification [40 CFR 122.22]:
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 aware that there are significant penalties for submitting false information,
including the possibility of fines and imprisonment for knowing violations.'
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]
>
Proper Operation and Maintenance2.
3.
4.
b.
evaluation of the
c.
(2)
(3)
Version 6/20/2003
Upsets
a.
as required in Part
Bypassing of Treatment Facilities
a.
Prohibition of Bypass
0 -
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)]-
^^PDES Permit Requirements
Page 7 of 16
b. Within 120 calendar days of:
> Receiving notification of a change in the classification of the system requiring the designation of a
new ORC and back-up ORC
A vacancy in the position of ORC or back-up ORC.
The Permittee shall at all times provide the operation and maintenance resources necessary to operate the existing
facilities at optimum efficiency. The Permittee shall at all times properly operate and maintain all facilities and
systems of treatment and control (and related appurtenances) which are installed or used by the Permittee to
achieve compliance with the conditions of this permit. Proper operation and maintenance also includes adequate
laboratory controls and appropriate quality assurance procedures. This provision requires the Permittee to install
and operate backup or auxiliary facilities only when necessary to achieve compliance with the conditions of the
permit [40 CFR 122.41 (e)].
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.
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.
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.
The Permit Issuing Authority may approve an anticipated bypass, after considering its adverse effects, if
the Permit Issuing Authority determines that it will meet the three conditions listed above in Paragraph c.
(1) of this section.
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
anticipated quality and effect of the bypass.
(2) Unanticipated bypass. The Permittee shall submit notice of an unanticipated bypass
II. E. 6. (24-hour notice).
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
d.
Section D. Monitoring and Records
1.
Version 6/20/2003
NC DENR / Division of Water Quality / Water Quality Section
ATI'-ENTI ON: Centra] Files
1617 Mail Service Center
Raleigh, North Carolina 27699-1617
Burden of proof [40 CFR 122.41 (n) (4)]: The Permittee seeking to establish the occurrence of an
upset has the burden of proof in any enforcement proceeding.
MB NPDES Permit Requirements
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noncompliance was caused by upset, and before an action for noncompliance, is final administrative action
subject to judidal review.
b. 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:
(1) An upset occurred and that the Permittee can identify the cause(s) of the upset;
(2) The Pemuttee 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
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 503. The
Permittee shall comply with applicable 40 CFR 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.
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 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 [40 CFR 122.41 (j)].
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 (MR 1, LI, 2, 3) or alternative forms approved by the
Director, postmarked no later than the 28th day following the completed reporting peri nd
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-
7. Power Failures
The Permittee is responsible for maintaining adequate safeguards (as required by 15A NCAC 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.
3.
6.
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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.
7. Recording Results
For each measurement or sample taken pursuant to the requirements of this permit, the Permittee shall record
the following information [40 CFR 122.41):
5. 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 [40 CFR 122.41).
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;
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), foe Permittee shall retain records of all monitoring information, including:
> all calibration and maintenance records
> all original strip chaff 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).
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 Water Pollution Control Act (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 permit [40 CFR 122.41).
To meet the intent of 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.
Once-through condenser cooling 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.
a.
b.
c.
d.
1.
2.
permitted facility may meet one of the critena for new sources at 40 CFRa.
b.
3.
4.
5.
a.
b.
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or disposal practices,
different
of any pollutant identified in this permit
constitute a violation of the permit.
NPDES Permit Requirements
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authorized contractor acting
----------3 as may be required
Monitoring Reports
Monitoring results shall be reported at the intervals specified elsewhere in this permit [40 CFR 122.41 (1) (4)].
Planned Changes
The Permittee shall give notice to the Director
additions to the permitted facility [40 CFR 122.41 (I)]. Notice i
as soon as possible of any planned physical alterations or
is required only when:
The alteration or addition to a
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 subject neither to effluent limitations in the permit, nor to
notification requirements under 40 CFR 122.42 (a) (1).
The alteration or addition results in a significant change in the Permirtee’s sludge use <
and such alternation, addition or change may justify the application of permit conditions that are
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 permit to document the change of ownership. Any such action
may incorporate other requirements as may be necessary under the Clean Water Act [40 CFR 122.41 (1) (3)].
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
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 [40 CFR 122.41 (j)].
Section E Reporting Requirements
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)].
Monitoring results must be reported on a Discharge Monitoring Report (DMR) (See Part II. D. 2) 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 this permit, the results of such
monitoring shall be included in the calculation and reporting of the data submitted on the DMR.
8. Inspection and Entry
The Permittee shall allow the Director, or an authorized representative (including an ; ' ’
as a representative of the Director), upon the presentation of credentials and other documents
by law, to;
Change in Discharge
All discharges authorized herein shall be consistent with the terms and conditions of this permit. The discharge
more frequently than or at a level in excess of that authorized shall
e. The analytical techniques or methods used; and
f. The results of such analyses.
6.
b.
Other Noncompliance7.
8.
9.
a.
b.
c.
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Occurrences outside normal business hours may also be reported to the Division’s Emergency Response
personnel at (800) 662-7956, (800) 858-0368 or (919) 733-3300.
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.
Other Information
Where the Permittee 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)].
Twenty-four Flour Reporting
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.
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.
Persons reporting such occurrences by telephone shall also file a written report within 5 days following first
knowledge of the occurrence.
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
Permit Requirements
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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 (1) (7)].
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.
Noncompliance Notification
The Permittee 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:
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 times, 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 (I) (6)].
•n.
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OTHER REQUIREMENTS
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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].
Section E. 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
per liter (500 pg/L) for 2.4-dinitrophenol and for 2-methyl-4.6-dinitrophenol; and
(1 mg/L) for antimony;
(3) Five times the maximum concentration value reported for that pollutant in the permit application
Section A. Construction
The Permittee shall not commence construction of wastewater treatment facilities, nor add to the plant's treatment
capacity, nor change the treatment processes) utilized at the treatment plant unless the Division has issued an
Authorization to Construct (AtC) permit Issuance of an AtC will not occur until Final Plans and Specifications for
the proposed construction have been submitted by the Permittee and approved by the Division.
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 times the maximum concentration value reported for that pollutant in the permit application.
Section D. Evaluation of Wastewater Discharge Alternatives
The Permittee shall 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 60 days of
notification by the Division.
Section 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.
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 pg/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
12. Annual Performance Reports
Permittees who own or operate facilities that collect or treat municipal or domestic waste shall provide an annual
report to the Permit Issuing Authority and to the users/customers served by the Permittee (NCGS 143-215.1 C).
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 pertaining 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.
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
Section A. Publicly Owned Treatment Works (PO’JL'Ws)
1.
2.
3.
Section B. Municipal Control of Pollutants from Industrial Users.
1.
2.
b.
c.
d.
e.
f.
g-
h.
With regard3.
4.
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SPECIAL CONDITIONS FOR MUNCIPAL FACILITIES
Permit Requirements
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adverse impacts to waters of the State. This permit cannot be rescinded while any activities requiring this permit
continue at the permitted facility.
an indirect discharger
or fumes within the POTW in a
All POTWs must provide adequate notice to the Director of the following:
Any new introduction of pollutants into the POTW from an indirect discharger which would be subject to
secuon 301 or 306 of CWA if it were directly discharging those pollutants; and
Any substantial change in the volume or character of pollutants being introduced by
as influent to that POTW at the time of issuance of the permit
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 of the change on the quantity or quality
of effluent to be discharged from the POTW.
Effluent limitations are listed in Part I of this permit Other pollutants attributable to inputs from
industries using the municipal system 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.
Under no circumstances shall the Permittee allow introduction of the following wastes in the waste
treatment system:
a. 1
The Perrnirtee shall require any industrial discharges sending influent to the permitted system to meet
Federal Pretreatment Standards promulgated in response to Section 307(b) of the Act. Prior to accepting
wastewater from any significant industrial user, the Permittee shall either develop and submit to the
Pollutants which create a fire or explosion hazard in the POTW, including, but not limited to,
wastestreams with a closed cup flashpoint of less than 140 degrees Fahrenheit or 60 degrees
Centigrade using the test methods specified in 40 CFR 261.21;
Pollutants which will 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;
Solid or viscous pollutants in amounts which will cause obstruction to the flow in the PO1W
resulting in Interference;
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;
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;
Petroleum oil, nonbiodegradable cutting oil, or products of mineral oil origin in amounts that will
cause interference or pass through;
Pollutants which result in the presence of toxic gases, vapors,
quantity that may cause acute worker health and safety problems;
Any trucked or hauled pollutants, except at discharge points designated by the POTW.
o 1 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 Permittee 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.
5.
1.
2.
3.
by Part II, Section D, and Section E.5.).
4.
5.
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Division a Pretreatment Program for approval per 15A NCAC 2H .0907(a)
Pretreatment Program per 15A NCAC 2H .0907(b).
NPDES Permit Requirements •
Page 14 of 16
an existing
but is not limited to the implementation of the following conditions and requirements:
Sewer Use Ordinance (SUO)
The Permittee shall maintain adequate legal authority to implement its approved pretreatment program.
Industrial Waste Survey (IWS)
The Permittee shall update its Industrial Waste Survey (IWS) to include all users of the sewer collection
system at least once every five years.
or modify
Monitoring Plan
The Permittee shall implement a Division approved Monitoring Plan for the collection of facility specific
data to be used in a wastewater treatment plant Headworks Analysis (HWA) for the development of
specific pretreatment local limits. Effluent data from the Plan shall be reported on the DMRs (as required
The Permittee shall operate its approved pretreatment program in accordance with Section 402(b)(8) of the Clean
Water Act, the Federal Pretreatment Regulations 40 CFR Part 403, the State Pretreatment Regulations ISA
NCAC 2H .0900, and the legal authorities, policies, procedures, and financial provisions contained in its
pretreatment program submission and Division approved modifications there of. Such operation shall include
Industrial User Pretreatment Permits (TUP) & 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 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 Headworks Analysis (HWA) and the limits from all Industrial User Pretreatment Permits (IUP).
Permitted IUP loadings for each parameter cannot exceed the treatment capacity of the POTW as
determined by the HWA.
Headworks Analysis (HWA) and Local Limits
The Permittee shall obtain Division approval of a Headworks Analysis (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 (Le., an updated HWA or documentation of why one is not needed) [40
CFR 122.42]. The Permittee shall develop, in accordance with 40 CFR 403.5(c) and ISA NCAC 2H .0909,
specific Local Limits to implement the prohibitions listed in 40 CFR 403.5(a) and (b) and 15A NCAC 2H
Under authority of secnons 307(b) and (c) and 402(b)(8) of the Clean Water Act and implementing regulations 40
CFR Part 403, North Carolina General Statute 143-215.3 (14) and implementing regulations 15A NCAC 2H
.0900, and in accordance with the approved pretreatment program, all provisions and regulations contained and
referenced in the Pretreatment Program Submittal are an enforceable pan of this permit.
This permit shall be modified, or alternatively, revoked and reissued, to incorporate 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 Clean Water Act and implementing
regulations or by the requirements of the approved State pretreatment program, as appropriate.
Section C. Pretreatment Programs
6.
7.
8.
9.
10.
a.)
b.)
c-)
d-)
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users
a.
b.
These reports shall be submitted according
foUowing:
to a schedule established by the Director and shall contain the
PO'lW Inspection & Monitoring of their SIUs
The Permittee shall conduct inspection, surveillance, and monitoring activities as described in its Division
approved pre treatment program in order to determine, independent of information supplied by industrial
compliance with applicable pretreatment standards. The Permittee muse
Inspect all Significant Industrial Users (SIUs) at least once per calendar year; and
Sample all Significant Industrial Users (SIUs) at least twice per calendar year for all permit
limited pollutants, once during the period from January 1 through June 30 and once during the
period from July 1 through December 31, except for organic compounds which shall be sampled
once per calendar year;
Authorization to Construct (A to Q
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 (TUP) limitations.
Pretreatment Annual Reports (PAR)
The Permittee shall report to the Division in accordance with 15A NCAC 2H .0908. In lieu of submitting
annual reports. Modified Pretreatment Programs developed under ISA NCAC 2H .0904 (b) may be
required to meet with Division personnel periodically to discuss enforcement of pretreatment requirements
and other pretreatment implementation issues.
Enforcement Response Plan (ERP)
The Permittee shall enforce and obtain appropriate remedies for violations of all pretreatment standards
promulgated pursuant to section 307(b) and (c) of the Clean Water Act (40 CFR 405 et. seq.), prohibitive
discharge standards as set forth in 40 CFR 403.5 and 15A NCAC 2H .0909, and specific local limitations.
All enforcement actions shall be consistent with the Enforcement Response Plan (ERP) approved by the
Division.
NC DENR / DWQ / Pretreatment Unit
1617 Mail Service Center
Raleigh, NC ‘ 27699-1617
Narrative
A brief discussion of reasons for, status of, and actions taken for all Significant Industrial
Users (SIUs) in Significant Non-Compliance (SNQ;
Pretreatment Program Summary (PPS)
A pre treatment program summary (PPS) on specific forms approved by the Division;
Significant Non-Compliance Report ($NCR)
The nature of the violations and the actions taken or proposed to correct the violations on
specific forms approved by. the Division;
Industrial Data Summary Forms (ID$F)
For all other active pretreatment programs, the Permittee shall submit two copies of a Pretreatment Annual
Report (PAR) describing its pre treatment activities over the previous twelve months to the Division at the
following address:
SIU 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,
orinl5ANCAC2H.0908.
11.
12.
13.
14.
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Funding and Financial Report
The Permittee shall maintain adequate funding and staffing levels to accomplish the objectives of its
approved pretreatment program .
Record Keeping
The Permittee shall retain for a minimum of three years records of monitoring activities and results, along
with support information including general records, water quality records, and records of industrial impart
on the POTW.
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 (SRJs), and Monitoring Plan
modifications, shall be considered a permit modification and shall be governed by 15 NCAC 2H .0114 and
ISA NCAC 2H .0907..
Public Notice
The Permittee shall publish annually a list of Significant Industrial Users (SIUs) that were in Significant
Non-Compliance (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.
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NPDES Permit Requirements
Page 16 of 16
Monitoring data from samples collected by both the POTW and the Significant Industrial
User (SIU). These analytical results must be reported on Industrial Data Summary Forms
(IDSF) or other specific format approved by the Division;
Other Information
Copies of the POTWs allocation table, new or modified enforcement compliance schedules,
public notice of SIUs in SNC, 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;