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HomeMy WebLinkAboutNC0025453_Final Permit_20000814August 7, 2000 4 Subject: Dear Mr. Biggs: Mr. R. Steven Biggs, Town Manager Town of Clayton P.O. Box 879 Clayton, North Carolina 27520 Based on further review of the existing data and Mr. James Warren’s comments regarding the Town's potential lead limit, the Division has agreed to phase the lead limit into the permit. The permit requires the Town to conduct lead monitoring 2/month for the first year, then comply with the acute limit of 33.8 pig/1 as a daily maximum value. The Town may request that the lead data be reviewed again prior to implementation of the limit, should lead values be consistently (at least one year) reported below 33.8 pg/1. State of North Carolina Department of Environment and Natural Resources Division of Water Quality The Little Creek Water Reclamation Facility discharges in the Neuse River Basin (NRB). All streams in the NRB have been designated as nutrient sensitive waters (NSW) as a result of algal bloom problems in the estuary. The North Carolina Environmental Management Commission recently adopted rules establishing the Neuse River Basin Nutrient Sensitive Waters Management Strategy for the reduction of phosphorus and nitrogen inputs. The point source rule (15A NCAC 2B.0234) is intended to reduce total nitrogen (TN) discharges by 30% by 2003. All facilities with permitted flow greater than or equal to 0.5 MGD are receiving a TN limit in this permit cycle. This final permit contains the previous total phosphorus limit, as well as a total nitrogen limit to comply with the point source rule for the Neuse River Basin. In accordance with the Town of Clayton’s application for renewal of its municipal discharge permit, the Division of Water Quality is forwarding herewith the Town’s NPDES permit renewal. 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. 161 7 MAIL SERVICE CENTER, RALEIGH, NORTH CAROLINA 27699-1617 - TELEPHONE 919-733-5O83/FAX 919-733-0719 An Equal Opportunity Affirmative action Employer - 50% recycled/ 10% post-consumer paper Visit US on the WEB at http://h2o.enr.stale.nc.us/NPDES Final Permit Clayton/ Little Creek WRF NPDES Permit NC0025453 Johnston County James B. Hunt, Jr., Governor Bill Holman, Secretary Kerr T. Stevens, Director i ________ ___ NCDENR North Carolina Department of Environment and Natural Resources T Sincerely, Kerr T. Stevens Enclosures: NPDES Permit No. NC0025453 cc: < Mr. Steven Biggs Town of Clayton Page 2 of 2 If any parts, measurement frequencies, or sampling requirements contained in this permit are unacceptable to you, you have the right to an adjudicatory hearing upon written request within thirty (30) days following receipt of this letter. This request must be in the form of a written petition, conforming to Chapter 150B of the North Carolina General Statutes, and filed with the Office of Administrative Hearings, Mail Service Center 6714, Raleigh, North Carolina 27699-6714. Unless such a demand is made, this permit shall be final and binding. This permit does not affect the legal requirements to obtain other permits which may be required by the Division of Water Quality, the Division of Land Resources, the Coastal Area Management Act, or any other federal or local governmental permit. If you have any questions concerning this permit, please contact Susan Wilson at telephone number (919) 733-5083, ext. 510. Please take notice that this permit is not transferable except after notice to the Division of Water Quality. The Division of Water Quality may require modification or revocation and reissuance of the permit. Mr. Roosevelt Childress, EPA Raleigh Regional Office, Water Quality Point Source Compliance/ Enforcement Unit Aquatic Toxicology Unit Training and Technical Assistance Unit Central Files NPDES Files Original Signed By David A. Goodrich r Permit No. NC0025453 PERMIT TO DISCHARGE WASTEWATER UNDER THE NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM is hereby authorized to discharge wastewater from a facility located at to receiving waters designated as the Neuse River in the Neuse River Basin This permit shall become effective September 1, 2000. This permit and the authorization to discharge shall expire at midnight on March 31, 2003. Signed this day August 7, 2000. in accordance with the discharge limitations, monitoring requirements, and other conditions set forth in Parts I, II, III, and IV hereof. In compliance with the provisions of North Carolina General Statute 143-215.1, other lawful standards and regulations promulgated and adopted by the North Carolina Water Quality Commission, and the Federal Water Pollution Control Act, as amended, STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES DIVISION OF WATER QUALITY Town of Clayton Little Creek Water Reclamation Facility Little Creek Water Reclamation Facility On Durham Street Extension Clayton Johnston County Clavton WWTP NPDES No. NC0025453 Original Signed By David A. Goodrich Kerr T. Stevens, Director Division of Water Quality By the Authority of the Environmental Management Commission 1 Permit No. NC0025453 SUPPLEMENT TO PERMIT COVER SHEET is hereby authorized to: 1. 2. j Discharge wastewater from said treatment works at the location specified on the attached map into the Neuse River which is classified WS-IV NSW CA waters in Neuse River Basin. Continue to operate an existing 1.9 MOD wastewater treatment facility consisting of a mechanical bar screen, grit removal, parshall flume with flow measurement, primary clarifier/digester, trickling filter, dual oxidation ditches, dual secondary clarifiers, tertiary filters, ultraviolet disinfection, chlorine contact chamber, sulfur dioxide dechlorination, sludge thickener tank, aerobic sludge digester, and sludge drying beds located at the Little Creek Water Reclamation Facility, Durham Street Extension, Clayton, Johnston County, and Town of Clayton Little Creek Water Reclamation Facility Town of Clayton NPDES No. NC0025453 206 ) Sr 1 X CD N n-•J?>- -'( SCALE 1:24 000o UNIMPROVED ROAD 0 1 KILOMETER iiT CONTOUR INTERVAL 10 FEET QUAD LOCATION ■ Neuse River mzsa i fcK^acxrnsBaflE 0 1 SECONDARY HIGHWAY HARD SURFACE CZ PRIMARY HIGHWAY HARD SURFACE Town of Clayton NC0025453 Johnston County WWTP OS WS-V NSW 01 1 MILE 7000 FEET •T’ • Cem 'IV , t -T■ 329* ROAD CLASSIFICATION LIGHT-DUTY ROAD, HARD OR IMPROVED SURFACE ---- S' □j/| 2 - 1 / A ' / J T 1 F yj" •n ^'71^^- Of ’IBb, -• *? •V . » .— ./ ■ ....... iSSliWT^®i W<wWB-xk »1( - W ■ i Of R SiOZt SgOf t - 'V' W fex* Latitude 35o39,50,, Longitude yS^S'ZG" Map #E25NW Sub-basin 3-04-02 Stream Class_____ Discharge Class__ Receiving Stream_ Design Q 1.9 MGD f ■ A. (1.) EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS - FINAL Effluent Characteristics Monitoring RequirementsLimits Sample Type Flow Recording 5.0 mg/l 7.5 mg/l CompositeDaily 15.0 mg/l Daily Composite10.0 mg/l Composite30.0 mg/l 45.0 mg/l Daily 200/100 ml 400/100 ml Total Residual Chlorine4 Grab 6 6-9 (Footnotes on next page) During the period beginning on the effective date of the permit and lasting until expiration, the Permittee is authorized to discharge 1.9 MGD of municipal wastewater from outfall 001. Such discharges shall be limited and monitored by the Permittee as specified below: Weekly Average Daily Maximum Total Nitrogen (NO2-N + NOa-N + TKN)5 Town of Clayton NPDES No. NC0025453 Fecal Coliform (geometric mean) Fecal Coliform (geometric mean) Conductivity Conductivity 21,400 Ib/year (Annual Mass Loading) 2.0 mg/L (Quarterly Average) Measurement Frequency Continuous Daily Weekly Monthly Annually Weekly Daily 3/Week Daily 3/Week Composite Composite Grab Grab Composite Calculated Calculated Composite Grab Grab Composite Composite Composite Composite Composite Composite Grab Grab Grab Grab Grab Sample Location1 Influent or Effluent Influent & Effluent Influent & Effluent Influent & Effluent Effluent Effluent Effluent Upstream & Downstream Effluent Upstream & Downstream Effluent Effluent Effluent Effluent Effluent Effluent Upstream & Downstream Effluent Upstream & Downstream Effluent Effluent Effluent Effluent Effluent Effluent Effluent NH3 as N [April 1 - October 31] NH3 as N [November 1 - March 31] Dissolved Oxygen^__________ Dissolved Oxygen Daily Daily Daily 3/Week Daily 3/Week BOD, 5 day (209C)2 [April 1 - October 31] BOD, 5 day (20?C)2 [November 1 - March 31] Total Suspended Residue2 Monthly Average 1.9 MGD 2.0 mg/l 4.0 mg/l ______________28 pg/l No Effluent Limit (mg/l) No Effluent Limit (Ib/month) -of Total Phosphorus 7 Temperature (-C) Temperature (eC) Quarterly 2/Month Monthly Monthly 2/Month Daily Chronic Toxicity^___________ Lead [Through July 31, 2001] 9 Lead [Beginning August 1,2001] 9 Copper__________________ Zinc_____________________ Silver____________________ pH19 3Wg/l Footnotes: 1. 3.The daily average dissolved oxygen effluent concentration shall not be less than 6.0 mg/1. 5. See Special Condition A.(2.), Total Nitrogen Monitoring. 6. There shall be no discharge of floating solids or visible foam in other than trace amounts. The annual mass loading limit for total nitrogen shall become effective with the calendar year beginning on January 1, 2003 unless it is provisionally waived per Special Condition A.(3.), Annual Limits for Total Nitrogen. Town of Clayton NPDES No. NC0025453 A. (1.) EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS - FINAL (Continued) 9. The lead limit of 33.8 pg/1 will become effective August 1, 2001. A monitoring frequency of 2/month is required until that time. The Town may request that the Division re-evaluate the lead monitoring data, should lead values be consistently (at least one year) reported below 33.8pg/l. 2. The monthly average effluent BOD5 and Total Suspended Residue concentrations shall not exceed 15% of the respective influent value (85% removal). 7. The quarterly average for total phosphorus shall be the average of composite samples collected weekly during the calendar quarter (January-March, April-June, July-September, October- December). 10. The pH shall not be less than 6.0 standard units nor greater than 9.0 standard units and shall be monitored daily at the effluent by grab sample. 8. Chronic Toxicity [Ceriodaphnia dubid) P/F at 1.6%: March, June, September, and December [see Special Condition A.(4)). Toxicity monitoring shall coincide with metals monitoring. 4. Total residual chlorine is required only if chlorine is used as a disinfectant (or elsewhere in the process). Sample locations: E - Effluent, I - Influent, U - Upstream at NCSR 1700, D - Downstream at (1) NC Highway 42 and (2) NCSR 1908. Stream samples shall be grab samples and shall be collected 3/Week during June - September and 1 /Week during the remaining months of the year. Instream monitoring is provisionally waived in light of the permittee's participation in the Lower Neuse Basin Association. Instream monitoring shall be conducted as stated in this permit should the permittee end its participation in the Associaiton. (2) Annual Mass Loading (Ib/yr) = E (Monthly Mass Loadings) for the calendar year A. (3.) (b) (1) (i) nitrogen allocation established pursuant to the agreement referenced above and (c) (ii) (iii) = the average total nitrogen concentration (mg/L) of the composite samples collected during the month = the total wastewater flow discharged during the month (MG/month) = conversion factor, from (mg/L x MG) to pounds Q 8.34 Town of Clayton NPDES No. NC0025453 A. (2.) TOTAL NITROGEN MONITORING The Permittee shall calculate the annual mass loading of total nitrogen as the sum of monthly loadings, according to the following equations: ANNUAL LIMITS FOR TOTAL NITROGEN (a) (1) Monthly Mass Loading (Ib/mo) = TN x Q x 8.34 where: TN any subsequent amendments is hereby incorporated as an enforceable part of this permit. If the Division determines, at any time during the term of this permit, that these conditions are not being met, it shall notify the Permittee in writing of this determination and of its basis. The consequence of such a determination shall be that the Permittee’s annual mass limit for total nitrogen and its effective date shall be reinstated immediately. The Division shall accept and consider written responses received from the Permittee and/or the association within thirty (30) days of the original notice before making a final decision and will provide that decision in writing. The Neuse Nutrient Management Strategy rule for point sources w provides that annual mass limits for total nitrogen shall be included in the permits for all dischargers with permitted flows (as defined in the Strategy) greater than or equal to 0.5 MGD and that those nitrogen limits, including the limits in this permit, shall become effective with the calendar year beginning on January 1, 2003. The Neuse rule also provides that members of a group compliance association shall not be subject to individual annual mass limits for total nitrogen. At the time of permit issuance, the Permittee had expressed interest in joining such an association. Accordingly, the total nitrogen limit in Condition A( 1) of this permit is deemed waived provided that the following conditions are met: a formal agreement between the association and Environmental Management Commission, as outlined in 15A NCAC 2B. 0234, is established and is in effect; and the Permittee is a party to said agreement; and the association and the Permittee substantially conform with the agreement. (2) So long as the total nitrogen limit in Condition A.(l.) is waived, the group The Permittee shall report the total nitrogen concentration for each sample and the monthly mass loading in the appropriate self-monitoring report and the annual mass loading of total nitrogen in the December self-monitoring report for the year. A. (3.)ANNUAL LIMITS FOR TOTAL NITROGEN (cont’d.) A. (4.) CHRONIC TOXICITY PERMIT LIMIT (QRTRLY) The effluent discharge shall at no time exhibit observable inhibition of reproduction or significant mortality to Ceriodaphnia dubia at an effluent concentration of 1.6 %. The permit holder shall perform at a minimum, quarterhi monitoring using test procedures outlined in the “North Carolina Ceriodaphnia Chronic Effluent Bioassay Procedure," Revised February 1998, or subsequent versions or “North Carolina Phase II Chronic Whole Effluent Toxicity Test Procedure" (Revised-February 1998) or subsequent versions. The tests will be performed during the months of March, June, September, and December. Effluent sampling for this testing shall be performed at the NPDES permitted final effluent discharge below all treatment processes. If the test procedure performed as the first test of any single quarter results in a failure or ChV below the permit limit, then multiple-concentration testing shall be performed at a minimum, in each of the two following months as described in “North Carolina Phase II Chronic Whole Effluent Toxicity Test Procedure" (Revised-February 1998) or subsequent versions. The chronic value for multiple concentration tests will be determined using the geometric mean of the highest concentration having no detectable impairment of reproduction or survival and the lowest concentration that does have a detectable impairment of reproduction or survival. The definition of “detectable impairment,” collection methods, exposure regimes, and further statistical methods are specified in the “North Carolina Phase II Chronic Whole Effluent Toxicity Test Procedure” (Revised-February 1998) or subsequent versions. All toxicity testing results required as part of this permit condition will be entered on the Effluent Discharge Monitoring Form (MR-1) for the months in which tests were performed, using the parameter code TGP3B for the pass/fail results and THP3B for the Chronic Value. Additionally, DWQ Form AT-3 (original) is to be sent to the following address: Completed Aquatic Toxicity Test Forms shall be filed with the Environmental Sciences Branch no later than 30 days after the end of the reporting period for which the report is made. Town of Clayton NPDES No. NC0025453 (d) The Permittee shall notify the Division in writing within five (5) working days if, at any time during the term of this permit, the Permittee elects not to join the association, or if it withdraws or otherwise loses its membership in the association. Notification shall be sent to: Footnote: ll) Neuse River Basin - Nutrient Sensitive Waters Management Strategy: Wastewater Discharge Requirements (15A NCAC 2B. 0234). NC DENR / Division of Water Quality / NPDES Unit 1617 Mail Service Center Raleigh, NC 27699-1617 Attention: North Carolina Division of Water Quality Environmental Sciences Branch 1621 Mail Service Center Raleigh, North Carolina 27699-1621 A. (4.) CHRONIC TOXICITY PERMIT LIMIT (QRTRLY) (cont’d.) Test data shall be complete, accurate, include all supporting chemical/physical measurements and all concentration/response data, and be certified by laboratoiy supervisor and ORC or approved designate signature. Total residual chlorine of the effluent toxicity sample must be measured and reported if chlorine is employed for disinfection of the waste stream. Should there be no discharge of flow from the facility during a month in which toxicity monitoring is required, the permittee will complete the information located at the top of the aquatic toxicity (AT) test form indicating the facility name, permit number, pipe number, county, and the month/year of the report with the notation of “No Flow” in the comment area of the form. The report shall be submitted to the Environmental Sciences Branch at the address cited above. Should the permittee fail to monitor during a month in which toxicity monitoring is required, monitoring will be required during the following month. Should any test data from this monitoring requirement 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. Town of Clayton NPDES No. NC0025453 NOTE: Failure to achieve test conditions as specified in the cited document, such as minimum control organism survival, minimum control organism reproduction, 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. PARTI Section B.Schedule of Compliancy 2. 3. Permittee shall at all times provide the operation and maintenance necessary to operate the existing facilities at optimum efficiency. 1. The permittee shall comply with Final Effluent Limitations specified for discharges in accordance with the following schedule: Permittee shall comply with Final Effluent Limitations by the effective date of the permit unless specified below. No later than 14 calendar days following a date identified in the above schedule of compliance, the permittee shall submit either a report of progress or, in the case of specific actions being required by identified dates, a written notice of compliance or noncompliance. In the latter case, the notice shall include the cause of noncompliance, any remedial actions taken, and the probability of meeting the next schedule requirements. SECTION A DEFINITIONS 1- Permit Issuing Authority The Director of the Division of Water Quality. 2.DEM or "the Division” Means the Division of Water Quality, Department of Environment, Health and Natural Resources. 3. EMC Used herein means the North Carolina Environmental Management Commission. 4.Act or "the Act” 5. Mass/Day Measurements a. c. PART II STANDARD CONDITIONS FOR NPDES PERMITS (Pan II Page 1 of 14 The Federal Water Pollution Control Act, also known as the Clean Water Act, as amended, 33 USC 1251, et. seq. d. The "average annual discharge" is defined as the total mass of all daily discharges sampled and/or measured during the calendar year on which daily discharges are sampled and measured, divided by the number of daily discharges sampled and/or measured during such year. It is, therefore, an arithmetic mean found by adding the weights of pollutants found each day of the year and then dividing this sum by the number of days the tests were reported. This limitation is defined as "Annual Average" in Part I of the permit. The "monthly average discharge" is defined as the total mass of all daily discharges sampled and/or measured during a calendar month on which daily discharges are sampled and measured, divided by the number of daily discharges sampled and/or measured during such month. It is therefore, an arithmetic mean found by adding the weights of the pollutant found each day of the month and then dividing this sum by the number of days the tests were reported. The limitation is identified as "Monthly Average" in Part I of the permit. b. The "weekly average discharge" is defined as the total mass of all daily discharges sampled and/or measured during the calendar week (Sunday - Saturday) on which daily discharges are sampled and measured, divided by the number of daily discharges sampled and/or measured during such week. It is, therefore, an arithmetic mean found by adding the weights of pollutants found each day of the week and then dividing this sum by the number of days the tests were reported. This limitation is identified as "Weekly Average" in Part 1 of the permit. The "maximum daily discharge" is the total mass (weight) of a pollutant discharged during a calendar day. If only one sample is taken during any calendar day the weight of pollutant calculated from it is the "maximum daily discharge." This limitation is identified as "Daily Maximum," in Part I of the permit. of 14 b. c. d. e. f. g- The "quarterly average concentration" is the average of all samples taken over a calendar quarter. It is identified as "Quarterly Average Limitation" in the text of Part 1 of the permit. A calendar quarter is defined as one of the following distinct periods: January through March, April through June, July through September, and October through December. a. The "average monthly concentration," other than for fecal coliform bacteria, is the sum of the concentrations of all daily discharges sampled and/or measured during a calendar month on which daily discharges are sampled and measured, divided by the number of daily discharges sampled and/or measured during such month (arithmetic mean of the daily concentration values). The daily concentration value is equal to the concentration of a composite sample or in the case of grab samples is the arithmetic mean (weighted by flow value) of all the samples collected during that calendar day. The average monthly count for fecal coliform bacteria is the geometric mean of the counts for samples collected during a calendar month. This limitation is identified as "Monthly Average" under "Other Limits" in Part I of the permit. The "average weekly concentration," other than for fecal coliform bacteria, is the sum of the concentrations of all daily discharges sampled and/or measured during a calendar week (Sunday/Saturday) on which daily discharges are sampled and measured divided by the number of daily discharges sampled and/or measured during such week (arithmetic mean of the daily concentration values). The daily concentration value is equal to the concentration of a composite sample or in the case of grab samples is the arithmetic mean (weighted by flow value) of all the -samples collected during that calendar day. The average weekly count for fecal coliform bacteria is the geometric mean of the counts for samples collected during a calendar week. This limitation is identified as "Weekly Average" under "Other Limits" in Part I of the permit. The "maximum daily concentration" is the concentration of a pollutant discharge during a calendar day. If only one sample is taken during any calendar day the concentration of pollutant calculated from it is the "Maximum Daily Concentration". It is identified as "Daily Maximum" under "Other Limits" in Part 1 of the permit. The "average annual concentration," other than for fecal coliform bacteria, is the sum of the concentrations of all daily discharges sampled and/or measured during a calendar year on which daily discharges are sampled and measured divided by the number of daily discharges sampled and/or measured during such year (arithmetic mean of the daily concentration values). The daily concentration value is equal to the concentration of a composite sample or in the case of grab samples is the arithmetic mean (weighted by flow value) of all the samples collected during that calendar day . The average yearly count for fecal coliform bacteria is the geometric mean of the counts for samples collected during a calendar year. This limitation is identified as "Annual Average” under "Other Limits" in Part I of the permit. The "daily average concentration" (for dissolved oxygen) is the minimum allowable amount of dissolved oxygen required to be available in the effluent prior to discharge averaged over a calendar day. If only one dissolved oxygen sample is taken over a calendar day, the sample is considered to be the "daily average concentration" for the discharge. It is identified as "daily average" in the text of Part I. 6. Concentration Measurement 7. Other Measurements 8. Types of Samples a. Composite Sample: A composite sample shall consist of: a C.Weighted by Flow Value: Weighted by flow value means the summation of each concentration times its respective flow divided by the summation of the respective flows. an II age 3 of 14 a. Flow, (MGD): The flow limit expressed in this permit is the 24 hours average flow, averaged monthly. It is determined as the arithmetic mean of the total daily flows recorded during the calendar month. (1) a series of grab samples collected at equal time intervals over a 24 hour period of discharge and combined proportional to the rate of flow measured at the time of individual sample collection, or (2) a series of grab samples of equal volume collected over a 24 hour period with the time intervals between samples determined by a preset number of gallons passing the sampling point. Flow measurement between sample intervals shall be determined by use of a flow recorder and totalizer, and the present gallon interval between sample collection fixed at no greater than 1/24 of the expected total daily flow at the treatment system, or (3) a single, continuous sample collected over a 24 hour period proportional to the rate of flow. In accordance with (1) above, the time interval between influent grab samples shall be no greater than once per hour, and the time interval between effluent grab samples shall be no greater than once per hour except at wastewater treatment systems having a detention time of greater than 24 hours. In such cases, effluent grab samples may be collected at time intervals evenly spaced over the 24 hour period which are equal in number of hours to the detention time of the system in number of days. However, in no case may the time interval between effluent grab samples be greater than six (6) hours nor the number of samples less than four (4) during a 24 hour sampling period. b. An "instantaneous flow measurement" is a measure of flow taken at the time of sampling, when both the sample and flow will be representative of the total discharge. Arithmetic Mean: The arithmetic mean of any set of values is the summation of the individual values divided by the number of individual values. b. Geometric Mean: The geometric mean of any set of values is the Nth root of the product of the individual values where N is equal to the number of individual values. The geometric mean is equivalent to the antilog of the arithmetic mean of the logarithms of the individual values. For purposes of calculating the geometric mean, values of zero (0) shall be considered to be one (1). c. A "continuous flow measurement" is a measure of discharge flow from the facility which occurs continually without interruption throughout the operating hours of the facility. Flow shall be monitored continually except for the infrequent times when there may be no flow or for infrequent maintenance activities on the flow device. b. Grab Sample: Grab samples are individual samples collected over a period of time not exceeding 15 minutes; the grab sample can be taken manually. Grab samples must be representative of the discharge or the receiving waters. 9. Calculation of Means 10. Calendar Day 11. Hazardous Substance 12. Toxic Pollutant A toxic pollutant is any pollutant listed as toxic under Section 307(a)(1) of the Clean Water Act. SECTION B. GENERAL CONDITIONS 1. Duty to Comply c.Under state law, a civil penalty of not more than ten thousand dollars ($10,000) per violation may be assessed against any person who violates or fails to act in accordance with the terms, conditions, or requirements of a permit. [Ref: North Carolina General Statutes § 143-215.6A) A hazardous substance means any substance designated under 40 CFR Part 116 pursuant to Section 311 of the Clean Water Act. A calendar day is defined as the period from midnight of one day until midnight of the next day. However, for purposes of this permit, any consecutive 24-hour period that reasonably represents the calendar day may be used for sampling. of 14 d. Any person may be assessed an administrative penalty by the Administrator for violating section 301, 302, 306, 307, 308, 318, or 405 of the Act, or any permit condition or limitation implementing any of such sections in a permit issued under section 402 of the Act. Administrative penalties for Class I violations are not to exceed $10,000 per violation, with the maximum amount of any Class 1 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. 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. b. The Clean Water Act provides that any person who violates a permit condition is subject to a civil penalty not to exceed $25,000 per day for each violation. Any person who negligently violates any permit condition is subject to criminal penalties of $2^00 to $25,000 per day of violation, or imprisonment for not more than 1 year, or both. Any person who knowingly violates permit conditions is subject to criminal penalties of $5,000 to $50,000 per day of violation, or imprisonment for not more than 3 years, or both. Also, any person who violates a permit condition may be assessed an administrative penalty not to exceed $10,000 per violation with the maximum amount not to exceed $125,000. [Ref: Section 309 of the Federal Act 33 USC. 1319 and 40 CFR 122.41 (a)] a. The permittee shall comply with effluent standards or prohibitions established under section 307(a) of the Cean Water Act for toxic pollutants and with standards for sewage sludge use or disposal established under section 405(d) of the Clean Water Act within the time provided in the regulations that establish these standards or prohibitions or standards for sewage sludge use or disposal, even if the permit has not yet been modified to incorporate the requirement. 1 2. Duty to Mitigate 3. Civil and Criminal Liability 4. Oil and Hazardous Substance Liability 5. Property Rights 6. Onshore or Offshore Construction 7. Severability Duty to Provide Information8. 9. 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. Part II Page 5 of 14 Except as provided in permit conditions on "Bypassing" (Part II, C-4) and "Power Failures" (Part 11, 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. 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. This permit does not authorize or approve the construction of any onshore or offshore physical structures or facilities or the undertaking of any work in any navigable waters. The permittee shall furnish to the Permit Issuing Authority, within a reasonable time, any information which the Permit Issuing Authority may request to determine whether cause exists for modifying, revoking and reissuing, or terminating this permit or to determine compliance with this permit. The permittee shall also furnish to the Permit Issuing Authority upon request, copies of records required to be kept by this permit. 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. 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. The provisions of this permit are severable, and if any provision of this permit, or the application of any provision of this permit to any circumstances, is held invalid, the application of such provision to other circumstances, and the remainder of this permit, shall not be affected thereby. 10. Expiration of Permit b. c. 1 6 of 14 or other public agency: by either a principal executive a document under paragraphs a. or b. of this section shall a. All permit applications shall be signed as follows: (1) For a corporation: by a responsible corporate officer. For the purpose of this Section, a responsible corporate officer means: (a) a president, secretary, treasurer or vice president of the corporation in charge of a principal business function, or any other person who performs similar policy or decision making functions for the corporation, or (b) the manager of one or more manufacturing production or operating facilities employing more than 250 persons or having gross annual sales or expenditures exceeding 25 million (in second quarter 1980 dollars), if authority to sign documents has been assigned or delegated to the manager in accordance with corporate procedures. (2) For a partnership or sole proprietorship: by a general partner or the proprietor, respectively; or (3) For a municipality. State, Federal, officer or ranking elected official. 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 USC1251 et. seq. 11. Signatory Requirements "I 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, induding the possibility of fines and imprisonment for knowing violations." All applications, reports, or information submitted to the Permit Issuing Authority shall be signed and certified. All reports required by the permit and other information requested by the Permit Issuing Authority shall be signed by a person described above or by a duly authorized representative of that person. A person is a duly authorized representative only if: (1) The authorization is made in writing by a person described above; (2) The authorization specified either an individual or a position having responsibility for the overall operation of the regulated facility or activity, such as the position of plant manager, operator of a 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 (3) The written authorization is submitted to the Permit Issuing Authority. Certification. Any person signing make the following certification: 12. Permit Actions 13. Permit Modification, Revocation and Reissuance, or Termination 14. Previous Permits 1. Certified Operator 2. Proper Operation and Maintenance (Pan II Page 7 of 14 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. The issuance of this permit does not prohibit the permit issuing authority from reopening and modifying the permit, revoking and reissuing the permit, or terminating the permit as allowed by the laws, rules, and regulations contained in Title 40, Code of Federal Regulations, Parts 122 and 123; Title ISA of the North Carolina Administrative Code, Subchapter 2H .0100; and North Carolina General Statute 143-215.1 et. al. All previous National Pollutant Discharge Elimination System Permits issued to this facility, whether for operation or discharge, are hereby revoked by issuance of this permit. [The exclusive authority to operate this facility arises under this permit. The authority to operate the facility under previously issued permits bearing this number is no longer effective. ] The conditions, requirements, terms, and provisions of this permit authorizing discharge under the National Pollutant Discharge Elimination System govern discharges from this facility. SECTION C. OPERATION AND MAINTENANCE OF POLLUTION CONTROLS 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 indudes adequate laboratory controls and appropriate quality assurance procedures. This provision requires the operation of back-up or auxiliary facilities or similar systems which are installed by a permittee only when the operation is necessary to achieve compliance with the conditions of the permit. Pursuant to Chapter 90A-44 of North Carolina General Statutes, and upon classification of the facility by the Certification Commission, the permittee shall employ a certified waste water treatment plant operator in responsible charge (ORC) of the wastewater treatment facilities. Such operator must hold a certification of the grade equivalent to or greater than the classification assigned to the wastewater treatment fadlities by the Certification Commission. The permittee must also employ a certified back-up operator of the appropriate type and any grade to comply with the conditions of Title ISA, Chapter 8A .0202. The ORC of the facility must visit each Class I facility at least weekly and each Class II, III, and IV facility at least daily, excluding weekends and holidays, and must properly manage and document daily operation and maintenance of the facility and must comply with all other conditions of Title ISA, Chapter 8A .0202. Once the facility is classified, the permittee shall submit a letter to the Certification Commission which designates the operator in responsible charge within thirty days after the wastewater treatment facilities are 50% complete. 3. Need to Halt or Reduce not a Defense 4. Bypassing of Treatment Facilities a. Definitions b. Bypass not exceeding limitations. Noticec. unanticipated bypass as d. Prohibition of Bypass 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. F^tl Page 8 of 14 (2) The Permit Issuing Authority may approve an anticipated bypass, after considering its adverse affects, if the Permit Issuing Authority determines that it will meet the three conditions listed above in Paragraph d. (1) of this section. (1) Anticipated bypass. If the permittee knows in advance of the need for a bypass, it shall submit prior notice, if possible at least ten days before the date of the bypass; including an evaluation of the anticipated quality and affect of the bypass. (2) Unanticipated bypass. The permittee shall submit notice of an required in Part II, E. 6. of this permit. (24 hour notice). (1) "Bypass" means the known diversion of waste streams from any portion of a treatment facility including the collection system, which is not a designed or established or operating mode for the facility. (2) "Severe property damage" means substantial physical damage to property, damage to the treatment facilities which causes them to become inoperable, or substantial and permanent loss of natural resources which can reasonably be expected to occur in the absence of a bypass. Severe property damage does not mean economic loss caused by delays in production. 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 c. and d. of this section. (1) Bypass 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 c. of this section. a. b.Effect of an upset. Conditions necessary for a demonstration of upset.c. d. Burden of proof. 6. Removed Substances "Upset " means an exceptional incident in which there is unintentional and temporary noncompliance with technology based permit effluent limitations because of factors beyond the reasonable control of the permittee. An upset does not include noncompliance to the extent caused by operational error, improperly designed treatment facilities, inadequate treatment facilities, lack of preventive maintenance, or careless or improper operation. 5. Upsets Definition. A II WrPage 9 of 14 (1) An upset occurred and that the permittee can identify the cause(s) of the upset; (2) The permittee facility was at the time being properly operated; and (3) The permittee submitted notice of the upset as required in Part II, E. 6. (b) (B) of this permit. (4) The permittee complied with any remedial measures required under Part II, B. 2. of this permit. Solids, sludges, filter backwash, or other pollutants removed in the course of treatment or control of wastewaters shall be utilized/disposed of in accordance with NCGS 143-215.1 and in a manner such as to prevent any pollutant from such materials from entering waters of the State or navigable waters of the United States. The permittee shall comply with all existing federal regulations governing the disposal of sewage sludge. Upon promulgation of 40 CFR Part 503, any permit issued by the Permit Issuing Authority for the utilization/disposal of sludge may be reopened and modified, or revoked and reissued, to incorporate applicable requirements at 40 CFR Part 503. The permittee shall comply with applicable 40 CFR Part 503 Standards for the Use and Disposal of Sewage Sludge (when promulgated) within the time provided in the regulation, even if the permit is not modified to incorporate the requirement, the permittee shall notify the Permit Issuing Authority of any significant change in its sludge use or disposal practices. 7. Power Failures A permittee who wishes to establish the affirmative defense of upset shall demonstrate, through properly signed, contemporaneous operating logs, or other relevant evidence that: In any enforcement proceeding the permittee seeking to establish the occurrence of an upset has the burden of proof. The permittee is responsible for maintaining adequate safeguards as required by DEM Regulation, Title 15A, North Carolina Administrative Code, Subchapter 2H, .0124 Reliability, to prevent the discharge of untreated or inadequately treated wastes during electrical power failures either by means of alternate power sources, standby generators or retention of inadequately treated effluent. An upset constitutes an affirmative defense to an action brought for noncompliance with such technology based permit effluent limitations if the requirements of paragraph c. of this condition are met. No determination made during administrative review of claims that noncompliance was caused by upset, and before an action for noncompliance, is final administrative action subject to judicial review. SECTION D. MONITORING AND RECORDS 1. Representative Sampling 2.Reporting 3.Flow Measurements 4.Test Procedures Division of Water Quality Water Quality Section ATTENTION: Central Files Post Office Box 29535 Raleigh, North Carolina 27626-0535 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 of 14 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 Regulation 40 CFR 136; or in the case of sludge use or disposal, approved under 40 CFR 136, unless otherwise specified in 40 CFR 503, unless other test procedures have been specified in this permit. 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: Appropriate flow measurement devices and methods consistent with accepted scientific practices shall be selected and used to ensure the accuracy and reliability of measurements of the volume of monitored discharges. The devices shall be installed, calibrated and maintained to ensure that the accuracy of the measurements are consistent with the accepted capability of that type of device. Devices selected shall be capable of measuring flows with a maximum deviation of less than + 10% from the true discharge rates throughout the range of expected discharge volumes. Once-through condenser cooling water flow which is monitored by pump logs, or pump hour meters as specified in Part I of this permit and based on the manufacturer's pump curves shall not be subject to this requirement Samples collected and measurements taken, as required herein, shall be characteristic of the volume and nature of the permitted discharge. Samples collected at a frequency less than daily shall be taken on a day and time that is characteristic of the discharge over the entire period which the sample represents. All samples shall be taken at the monitoring points specified in this permit and, unless otherwise specified, before the effluent joins or is diluted by any other wastestream, body of water, or substance. Monitoring points shall not be changed without notification to and the approval of the Permit Issuing Authority. Monitoring results obtained during the previous month(s) shall be summarized for each month and reported on a monthly Discharge Monitoring Report (DMR) Form (DEM No. MR 1, 1.1, 2, 3) or alternative forms approved by the Director, DEM, postmarked no later than the 30th day following the completed reporting period. 5. Penalties for Tampering 6. Records Retention 7. Recording Results For each measurement or sample taken pursuant to the requirements of this permit, the permittee shall record the following information: 8. Inspection and Entry regulated facility or activity is located or b. The permittee shall allow the Director, or an authorized representative (including an authorized contractor acting as a representative of the Director), upon the presentation of credentials and other documents as may be required by law, to; reporting levels below permit discharge requirements, then the most sensitive (method with the lowest possible detection and reporting level) approved method must be used. Pan II Page 11 of 14 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. c. Inspect at reasonable times any facilities, equipment (including monitoring and control equipment), practices, or operations regulated or required under this permit; and d. Sample or monitor at reasonable times, for the purposes of assuring permit compliance or as otherwise authorized by the Clean Water Act, any substances or parameters at any location. a. Enter upon the permittee's premises where a i ’ 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; Except for records of monitoring information required by this permit related to the permittee's sewage sludge use and disposal activities, which shall be retained for a period of at least five years (or longer as required by 40 CFR 503), the permittee shall retain records of all monitoring information, including all calibration and maintenance records and all original strip chart recordings for continuous monitoring instrumentation, copies of all reports required by this permit, for a period of at least 3 years from the date of the sample, measurement, report or application. This period may be extended by request of the Director at any time. 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; e. The analytical techniques or methods used; and f. The results of such analyses. SECTION E. REPORTING REQUIREMENTS 1.Change in Discharge 5. Monitoring Reports I 12 Of 14 b. If the permittee monitors any pollutant more frequently than required by the permit, using test procedures specified in Part II, D. 4. of this permit or in the case of sludge use or disposal, approved under 40 CFR 503, or as specified in this permit, the results of this monitoring shall be included in the calculation and reporting of the data submitted in the DMR. The permittee shall give advance notice to the Director of any planned changes in the permitted facility or activity which may result in noncompliance with permit requirements. 4. Transfers All discharges authorized herein shall be consistent with the terms and conditions of this permit. The discharge of any pollutant identified in this permit more frequently than or at a level in excess of that authorized shall constitute a violation of the permit. 2. Planned Changes This permit is not transferable to any person except after notice to the Director. The Director may require modification or revocation and reissuance of the permittee and incorporate such other requirements as may be necessary under the Clean Water Act. c. The alteration or addition results in a significant change in the permittee's sludge use or disposal practices, and such alternation, addition or change may justify the application of permit conditions that are different from or absent in the existing permit, including notification of additional use or disposal sites not reported during the permit application process or not reported pursuant to an approved land application plan. 3. Anticipated Noncompliance a. The alteration or addition to a permitted facility may meet one of the criteria for determining whether a facility is a new source in 40 CFR Part 122.29 (b); or c. Calculations for all limitations which require averaging of measurements shall utilize an arithmetic mean unless otherwise specified by the Director in the permit. b. The alteration or addition could significantly change the nature or increase the quantity of pollutants discharged. This notification applies to pollutants which are subject neither to effluent limitations in the permit, nor to notification requirements under 40 CFR Part 122.42 (a) Monitoring results shall be reported at the intervals specified elsewhere in this permit. a. Monitoring results must be reported on a Discharge Monitoring Report (DMR) (See Part 11. D. 2 of this permit) or forms provided by the Director for reporting results of monitoring of sludge use or disposal practices. The permittee shall give notice to the Director as soon as possible of any planned physical alterations or additions to the permitted facility. Notice is required only when: 6. Twenty-four Hour Reporting b. (1) Any unanticipated bypass which exceeds any effluent limitation in the permit. (2) Any upset which exceeds any effluent limitation in the permit. c. Other Noncompliance7. 8.Other Information 9.Noncompliance Notification c. The permittee shall report all instances of noncompliance not reported under Part IL 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. The Director may waive the written report on a case-by-case basis for reports under paragraph b. above of this condition if the oral report has been received within 24 hours. The following shall be included as information which must be reported within 24 hours under this paragraph: (3) Violation of a maximum daily discharge limitation for any of the pollutants listed by the Director in the permit to be reported within 24 hours. fan II 'age 13 of 14 b. Any process unit failure, due to known or unknown reasons, that render the facility incapable of adequate wastewater treatment such as mechanical or electrical failures of pumps, aerators, compressors, etc. a. The permittee shall report to the central office or the appropriate regional office any noncompliance which may endanger health or the environment. Any information shall be provided orally within 24 hours from the time the permittee became aware of the circumstances. A written submission shall also be provided within 5 days of the time the permittee becomes aware of the circumstances. The written submission shall contain a description of the noncompliance, and its cause; the period of noncompliance, including exact dates and times, and if the 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. 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. 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: 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. 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. 10. Availability of Reports 11. Penalties for Falsification of Reports Persons reporting such occurrences by telephone shall also file a written report in letter form within 5 days following first knowledge of the occurrence. 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. ■tn 'age 14 of 14 The Clean Water Act provides that any person who knowingly makes any false statement, representation, or certification in any record or other document submitted or required to be maintained under this permit, including monitoring reports or reports of compliance or noncompliance shall, upon conviction, be punished by a fine of not more than $10,000 per violation, or by imprisonment for not more than two years per violation, or by both. A. Requirements for Control of Pollutants Attribute to Industrial Users. 1. 2.circumstances shall the permittee allow introduction of the following wastes in the waste treatment a. b. d. e. f. g- h. 3. 4. 5. B. Pretreatment Program Requirements Part HI Page 1 of 4 Under authority of sections 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 part 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. PART III OTHER REQUIREMENT With regard to the effluent requirements listed in Part I of this permit, it may be necessary for the permittee to supplement the requirements of the Federal Pretreatment Standards (40 CFR, Part 403) to ensure compliance by the 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. Under no system: 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. The permittee shall require any industrial discharges into 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 Division a Pretreatment Program for approval per 15A NCAC 2H .0907(a) or modify an existing Pretreatment Program per 15A NCAC 2H .0907(b). 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 POTW 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 die temperature at die POTW Treatment Plant exceeds 40°C (104°F) unless the Division, upon request of the POTW, approves alternate temperature Emits; Petroleum oil, nonbiodegradable cutdng 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, or fumes within the POTW in a quantity that may cause acute worker health and safety problems; Any trucked or hauled pollutants, except at discharge points designated by the POTW'. 1. 2. 3. 4. 5. 6. 7. Part III Page 2 of 4 Sewer Use Ordinance (SUO) The permittee shall maintain adequate legal authority- to implement its approved pretreatment program. Authorization to Construct (A to C) The permittee shall ensure that an Authorization to Construct (A to C) is issued to all applicable industrial users for the construction or modification of any pretreatment facility. Prior to the issuance of an Authorization to Construct (A to C), the proposed pretreatment facility and treatment process must be evaluated for its capacity to comply with all Industrial User Pretreatment Permit (TUP) limitations. 7a. 7b. Industrial User Pretreatment Permits (1UP) & Allocation Tables In accordance with NCOS 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. Industrial Waste Survey (IWS) The permittee shall update its Industrial Waste Survey (IWS) of all users of the sewer collection system at least once ever}- five years. 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 15A 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 but is not limited to the implementation of the following conditions and requirements: POTW Inspection & Monitoring of their SIUs The permittee shall conduct inspection, surveillance, and monitoring activities as described in its Division approved pretreatment program in order to determine, independent of information supplied by industrial users, compliance with applicable pretreatment standards. The permittee must: 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. The permittee shall develop, in accordance with 40 CFR 403.5(c) and 15A NCAC 2H .0909, specific Local Limits to implement the prohibitions listed in 40 CFR 403.5(a) and (b) and 15A NCAC 2H .0909. 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. 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; PART III M OTHER REQUIREMEOTS F 8. 9. 10. These reports shall be submitted according to a schedule established by the Director and shall contain the following: a.) b.) c-) d.) e.) 11. 12. Page 3 of 4Part III 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. 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 15A NCAC 2H .0904 (b) may be required to meet with Division personnel periodically to discuss enforcement of pretreatment requirements and other pretreatment implementation issues. PART III OTHER REQUIREMEN 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 impact on the POTW. 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, or in 15A NCAC 2H .0908. Narrative A brief discussion of reasons for, status of, and actions taken for all Significant Industrial Users (SIUs) in Significant Non-Compliance (SNC); Pretreatment Program Summary (PPS) A pretreatment program summary (PPS) on specific forms approved by the Division; Significant Non-Compliance Report (SNCR) The nature of the violations and the actions taken forms approved by the Division; Industrial Data Summary Forms (IDSF) 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 POTW's 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; or proposed to correct the violations on specific For all other active pretreatment programs, the permittee shall submit two copies of a Pretreatment Annual Report (PAR) describing its pretreatment activities over the previous twelve months to the Division at the following address: NC DENR / DWQ / Pretreatment Unit 1617 Mail Sendee Center RALEIGH, NC 27699-1617 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. 13. 14. D. Groundwater Monitoring All POTWs must provide adequate notice to the Director of the following: 1. 2. 3. F. Requirement to Continually Evaluate Alternatives to Wastewater Discharges Part Ill Page 4 of 4 Funding and Financial Report The permittee shall maintain adequate funding and staffing levels to accomplish the objectives of its approved pretreatment program. The permittee shall continually evaluate all wastewater disposal alternatives and pursue the most environmentally sound alternative of the reasonably cost effective alternatives. If the facility is in substantial non-compliance with the terms and conditions of the NPDES permit or governing rules, regulations or laws, the permittee shall submit a report in such form and detail as required by the Division evaluating these alternatives and a plan of action within sixty (60) days of notification by the Division. Modification to Pretreatment Programs Modifications to the approved pretreatment program including but not limited to local limits modifications, POTW monitoring of their Significant Industrial Users (SIUs), and Monitoring Plan modifications, shall be considered a permit modification and shall be governed by 15 NCAC 2H .0114 and 15A NCAC 2H .0907. No construction of wastewater treatment facilities or additions to add to the plant's treatment capacity or to change the type of process utilized at the treatment plant shall be begun until Final Plans and Specifications have been submitted to the Division of Water Quality and written approval and zXuthorization to Construct has been issued. 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. PART III A OTHER REQUIREMEOTS Any new introduction of pollutants into the POTW from an indirect discharger which would be subject to section 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 into that POTW by a source introducing pollutants into the POTW at the time of issuance of the permit. For purposes ot 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. E. Publicly Owned Treatment W orks C. Construction A - . The permittee must pay the annual administering and compliance monitoring fee within 30 (thirty) days after being billed by the Division. Failure to pay the fee in a timely maimer in accordance with ISA NCAC 2H .0105(b)(4) may cause this Division to initiate action to revoke the permit.