NC0025453_Final Permit_20030318

r
March 11, 2003
Dear Mr. Biggs:
i
Michael F. Easley, Governor
William G. Ross, Jr., Secretary
Alan W. Klimek, P.E., Director
State of North Carolina
Department of Environment
and Natural Resources
Division of Water Quality
Mr. Steve Biggs. Manager
Town of Clayton
P.O. Box 879
Clayton. North Carolina 27520
Minor changes to the total nitrogen language in the permit have been modified based on comments
from EPA Region IV, [ref. especially to Condition A.(4.)].
To reiterate what was stated with the draft permit, the following changes have been made
during this renewal cycle:
• Reasonable potential to exceed the acute values for copper, zinc, and silver still exist. Copper and
zinc monitoring will remain at a frequency of 1/month. Because Clayton is consistently passing
the toxicity testing requirement, silver monitoring will be reduced to monthly during this permit
cycle.
• Based on outstanding comments from EPA, the Division of Water Quality was required to
implement a policy to adopt weekly average NH3-N (ammonia) limits for municipalities, as required
by the Code of Federal Regulations. This implementation policy was adopted October 15, 2002.
The weekly average values are three times the monthly average values (this value was established
based on a review of treatment capability at various municipal plants). This permit includes both
monthly average and weekly average limits for NH3-N for the existing flow and the expanded flow.
The effluent limits pages for the expansion to 2.5 MGD have been included (along with the existing
design flow of 1.9 MGD).
Based on a statistical analysis (reasonable potential analysis - RPA) of the existing data, the
Division has determined that no reasonable potential to exceed the water quality acute level for
lead exists, so lead monitoring will be eliminated from the permit. However, the Town will still be
required to perform quarterly monitoring via the pretreatment Long Term Monitoring Plan.
161 7 Mail Service Center, Raleigh, North Carolina 27699-161 7 - Telephone [phone]/FAX [phone]
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Subject: NPDES Permit Issuance
Clayton - Little Creek WRF
Permit No. NC0025453 >
Johnston County
NCDENR
North Carolina Department of
Environment and Natural Resources
Attached to this letter is the final NPDES permit for the Town of Clayton’s Little Creek Water
Reclamation Facility, NPDES Permit No. NC0025453. 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.
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cc:
Mr. Biggs
NC0025453
2
• In order to have complete information for the next permit renewal, the pollutant scan has been
added to the permit [ref. Condition A.(?.)].
If you have any questions regarding the final NPDES permit, please contact Susan Wilson at
(919) 733 - 5083, extension 510.
Raleigh Regional Office/Water Quality Section
NPDES Unit
EPA Region IV, Roosevelt Childress
Shankar Mistry, Ph.D., P.E. The Wooten Company
120 North Boylan Avenue
Raleigh, NC 27603
Sincerely.
Alan W. Klimek, P.E.
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.
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 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.
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 April 1, 2003.
This permit and the authorization to discharge shall expire at midnight on March 31, 2008.
Town of Clayton
Little Creek Water Reclamation Facility
in accordance with the discharge limitations, monitoring requirements, and other conditions set forth in
Parts I, II, III, and IV hereof.
STATE OF NORTH CAROLINA
DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES
DIVISION OF WATER QUALITY
Little Creek Water Reclamation Facility
On Durham Street Extension
Clayton
Johnston County
Clavton WWTP
NPDES No. NC0025453
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.
Signed this day March 11, 2003.
^AAdan W. Klimek, P.E., Director
n Division of Water Quality
By the Authority of the Environmental Management Commission
Permit No. NC0025453
SUPPLEMENT TO PERMIT COVER SHEET
is hereby authorized to:
1.
2.
3.
)
Continue to operate an existing 1.9 MGD 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
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.
Town of Clayton
Little Creek Water Reclamation Facility
Town of Clayton
NPDES No. NC0025453
After receiving an Authorization to Operate from the Division of Water Quality, the
Town may operate the facility to a maximum design flow of 2.5 MGD, and discharge to
the point listed above.
Sub-Basin:03-04-02Latitude:
A
Facility
Location
Clayton Little Creek WRF
NC0025453
"“S’
North
Longitude:
Quad #:
Stream Class:
78°25’ 26”
E25NW, Clayton
WS-IV, NSW CA
Receiving Stream: Neuse River, Neuse River Basin
Permitted Flow: 1.9 MGD, to 2.5 MGD
35°39’50”
sL _ •-
A. (1.) EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS - FINAL
Monitoring RequirementsEffluent Characteristics Limits
Sample Type
RecordingFlow
CompositeDaily7.5 mg/l5.0 mg/l
CompositeDaily15.0 mg/l10.0 mg/l
CompositeDaily45.0 mg/l30.0 mg/l
400/100 ml200/100 ml
Grab28 pig/l
TN Load6
6-9
(Footnotes on next page)
Weekly
Average
Daily
Maximum
Town of Clayton
NPDES No. NC0025453
Fecal Coliform (geometric mean)
Fecal Coliform (geometric mean)
Conductivity
Conductivity
Chronic Toxicity9
Copper______
Zinc________
Silver_______
pHlO
2.0 mg/l
4.0 mg/l
6.0 mg/l
12.0 mg/l
Measurement
Frequency
Continuous
Quarterly
Monthly
Monthly
Monthly
Daily
Daily
Daily
Daily
3/Week
Daily
3/Week
Composite
Composite
Grab
Grab
Composite
Composite
Composite
Calculated
Calculated
Calculated
Composite
Grab
Grab
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
Upstream &
Downstream
Effluent
Upstream &
Downstream
Effluent
Effluent
Effluent
Effluent
Effluent
Effluent
Effluent
Effluent
Effluent
Effluent
Effluent
NH3 as N [April 1 - October 31]
NH3 as N [November 1 - March 31]
Dissolved Oxygen3_________
Dissolved Oxygen
Daily
Weekly
Weekly
Weekly
Monthly
Monthly
Annually
Weekly
Daily
3/Week
Daily
3/Week
Monthly
Average
1.9 MGD
Total Residual Chlorine4
TKN (mg/l)_________
NO2-N + NO3-N (mg/l)
TN (mg/l)5_________
Total Monthly Flow (MG)
BOD, 5 day (209C)2
[April 1 - October 31]
BOD, 5 day (209C)2
[November 1 - March 31]
Total Suspended Residue2
Monitor & Report
Monitor & Report
Monitor & Report
Monitor & Report
Monitor & Report
21,400 Ib/year (Annual Mass Loading)7
2.0 mg/L (Quarterly Average)Total Phosphorus 8
Temperature (9C)
Temperature (9C)
During the period beginning on the effective date of the permit and lasting until expansion or
expiration, the Permittee is authorized to discharge 1.9 MGD of municipal wastewater from outfall
OOl. Such discharges shall be limited and monitored by the Permittee as specified below:
Footnotes:
3. The daily average dissolved oxygen effluent concentration shall not be less than 6.0 mg/1.
9.
There shall be no discharge offloating solids or visible foam in other than trace amounts.
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.
Per ISA NCAC 2B .0505(c)(4), stream sampling (as well as influent/effluent sampling) may be
discontinued when flow conditions could result in injury or death of the person(s) collecting
the samples. In such cases, on each day that sampling is discontinued, written justification
shall be specified in the monitoring report for the month in which the event occurred.
Chronic Toxicity (Ceriodaphnia dubid) P/F at 1.6%: March, June, September, and December
[see Special Condition A.(5)]. Toxicity monitoring shall coincide with metals monitoring.
Town of Clayton
NPDES No. NC0025453
A. (1.) EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS - FINAL
(Continued)
5. TN means Total Nitrogen. For a given wastewater sample, TN is the sum of Total Kjeldahl
Nitrogen and Nitrate-Nitrite Nitrogen: TN = TKN + NO2-N + NO3-N.
2. The monthly average effluent BODS and Total Suspended Residue concentrations shall not
exceed 15% of the respective influent value (85% removal).
4. Total residual chlorine is required only if chlorine is used as a disinfectant (or elsewhere in the
process).
6. TN Load is the mass load of TN discharged by the Permittee in a period of time. See Special
Condition A.(3.), Calculation of TN Loads.
8. 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).
1. 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.
7. The annual TN Load limit shall become effective with the calendar year beginning on January
1, 2003. Compliance with this limits shall be determined in accordance with Special Condition
A.(4.), Annual Limits for Total Nitrogen.
A. (2.) EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS - FINAL
Monitoring RequirementsEffluent Characteristics Limits
Sample Type
RecordingFlow
CompositeDaily7.5 mg/l5.0 mg/l
CompositeDaily15.0 mg/l10.0 mg/l
CompositeDaily30.0 mg/l 45.0 mg/l
200/100 ml 400/100 ml
Grab28 ^ig/l
7
6-9
(Footnotes on next page)
During the period beginning upon expansion above 1.9 MGD or expiration, the Permittee is
authorized to discharge up to 2.5 MGD of municipal wastewater from outfall 001. Such
discharges shall be limited and monitored by the Permittee as specified below:
Weekly
Average
Daily
Maximum
Town of Clayton
NPDES No. NC0025453
Fecal Coliform (geometric mean)
Fecal Coliform (geometric mean)
Conductivity
Conductivity
1.0 mg/l
2.0 mg/l
Monitor & Report
Monitor & Report
Monitor & Report
Monitor & Report
Monitor & Report (Ib/month)
21,400 Ib/year (Annual Mass Loading)
2.0 mg/L (Quarterly Average)
3.0 mg/l
6.0 mg/l
Measurement
Frequency
Continuous
Daily
Weekly
Weekly
Weekly
Monthly
Monthly
Annually
Weekly
Daily
3/Week
Quarterly
Monthly
Monthly
Monthly
Daily
Daily
Daily
Daily
3/Week
Daily
3/Week
Composite
Composite
Grab
Grab
Composite
Composite
Composite
Calculated
Calculated
Calculated
Composite
Grab
Grab
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
Upstream &
Downstream
Effluent
Upstream &
Downstream
Effluent
Effluent
Effluent
Effluent
Effluent
Effluent
Effluent
Effluent
Effluent
Effluent
Effluent
NFL as N [April 1 - October 31]
NHs as N [November 1 - March 31]
Dissolved Oxygen^_________
Dissolved Oxygen
Chronic Toxicity^
Copper______
Zinc________
Silver_______
pHW
Monthly
Average
2.5 MGD
Daily
3/Week
Total Residual Chlorine4
TKN (mg/l)
NO2-N + NO3-N (mg/l)
TN (mg/l)5_________
Total Monthly Flow (MG)
TN Load6
BOD, 5 day (209C)2
[April 1 - October 31]
BOD, 5 day (205C)2
[November 1 - March 31]
Total Suspended Residue2
Total Phosphorus 8
Temperature (9C)
Temperature (9C)
Footnotes:
3. The daily average dissolved oxygen effluent concentration shall not be less than 6.0 mg/1.
There shall be no discharge offloating solids or visible foam in other than trace amounts.
5. TN means Total Nitrogen. For a given wastewater sample, TN is the sum of Total Kjeldahl
Nitrogen and Nitrate-Nitrite Nitrogen: TN = TKN + NO2-N + NO3-N.
2. The monthly average effluent BOD5 and Total Suspended Residue concentrations shall not
exceed 15% of the respective influent value (85% removal).
4. Total residual chlorine is required only if chlorine is used as a disinfectant (or elsewhere in the
process).
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.
Per 15A NCAC 2B .0505(c)(4), stream sampling (as well as influent/effluent sampling) may be
discontinued when flow conditions could result in injury or death of the person(s) collecting
the samples. In such cases, on each day that sampling is discontinued, written justification
shall be specified in the monitoring report for the month in which the event occurred.
1. 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.
Town of Clayton
NPDES No. NC0025453
A. (2.) EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS - FINAL
(Continued)
6. TN Load is the mass load of TN discharged by the Permittee in a period of time. See Special
Condition A.(3.), Calculation of TN Loads.
7. The annual TN Load limit shall become effective with the calendar year beginning on January
1. 2003. Compliance with this limits shall be determined in accordance with Special Condition
A.(4.), Annual Limits for Total Nitrogen.
8. 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).
9. Chronic Toxicity (Ceriodaphnia dubia) P/F at 2.0 %: March, June, September, and December
[see Special Condition A.(6)]. Toxicity monitoring shall coincide with metals monitoring.
a.
TMF
8.34
b.
a.
b.
i.
c.
i.
ii. Annual TN Load (Ib/yr) = Sum of the 12 Monthly TN Loads for the calendar year
The Permittee shall report monthly Total Nitrogen results (mg/L and Ib/mo) in the discharge
monitoring report for that month and shall report each year’s annual results (Ib/yr) in the
December report for that year.
Town of Clayton
NPDES No. NC0025453
where:
TN the average Total Nitrogen concentration (mg/L) of the
composite samples collected during the month
= the Total Monthly Flow of wastewater discharged during the
month (MG/mo)
= conversion factor, from (mg/L x MG) to pounds
AJ4.) ANNUAL LIMITS FOR TOTAL NITROGEN
Total Nitrogen (TN) allocations and TN Load limits for NPDES dischargers in the Neuse River
basin are annual limits and are applied for the calendar year.
For any given calendar year, the Permittee shall be in compliance with the annual TN Load
limit in this Permit if:
the Permittee’s annual TN Load is less than or equal to said limit, or
ii. the Permittee is a Go-Permittee Member of a compliance association.
The TN Load limit in this Permit (if any) may be modified as the result of allowable changes
in the Permittee’s TN allocation.
Allowable changes include those resulting from purchase of TN allocation from the
Wetlands Restoration Fund; purchase, sale, trade, or lease of allocation between the
Permittee and other dischargers; regionalization: and other transactions approved by the
Division.
ii. The Permittee may request a modification of the TN Load limit in this Permit to reflect
allowable changes in its TN allocation. Upon receipt of timely and proper application, the
Division will modify the permit as appropriate and in accordance with state and federal
program requirements.
iii. Changes in TN limits become effective on January 1 of the year following permit
modification. The Division must receive application no later than August 31 for changes
proposed for the following calendar year.
iv. Application shall be sent to:
NCDWQ / NPDES Unit
Attn: Neuse River Basin Coordinator
Mail Service Center
Raleigh, NC 27699-1617
A.(3.) CALCULATION OF TOTAL NITROGEN LOADS
The Permittee shall calculate monthly and annual TN Loads as follows:
i. Monthly TN Load (Ib/mo) = TN x TMF x 8.34
d.
i.
e.
A. (5.) 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, quarterlif 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.
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:
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.
Town of Clayton
NPDES No. NC0025453
If the Permittee is a member and co-permittee of an approved compliance association, its TN
discharge during that year is governed by that association’s group NPDES permit and the TN
limits therein.
The Permittee shall be considered a Co-Permittee Member for any given calendar year in
which it is identified as such in Appendix A of the association’s group NPDES permit.
ii. Association roster(s) and members’ TN allocations will be updated annually and in
accordance with state and federal program requirements.
iii. If the Permittee intends to join or leave a compliance association, the Division must be
notified of the proposed action in accordance with the procedures defined in the
association’s NPDES permit.
(1) Upon receipt of timely and proper notification, the Division will modify the permit
as appropriate and in accordance with state and federal program requirements.
(2) Membership changes in a compliance association become effective on January 1
of the year following modification of the association’s permit.
The TN monitoring and reporting requirements in this Permit remain in effect until
expiration of this Permit and are not affected by the Permittee’s membership in a compliance
association.
Attention: North Carolina Division of Water Quality
Environmental Sciences Branch
1621 Mail Service Center
Raleigh, North Carolina 27699-1621
A. (5.) CHRONIC TOXICITY PERMIT LIMIT (QRTRLY) (cont’d.)
A. (6.) 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 2.0 %.
Should the permittee fail to monitor during a month in which toxicity monitoring is required,
monitoring will be required during the following month.
The permit holder shall perform at a minimum, quarterlii 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.
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.
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.
Town of Clayton
NPDES No. NC0025453
Test data shall be complete, accurate, include all supporting chemical/physical measurements
and all concentration/response data, and be certified by laboratory 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 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.
Completed Aquatic Toxicity Test Forms shall be filed with the Environmental Sciences Branch no
later than 30 days after the end of the reporting period for which the report is made.
NOTE: Failure to achieve test conditions as specified in the cited document, such as minimum
control organism survival, 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.
A. (6.) CHRONIC TOXICITY PERMIT LIMIT (QRTRLY) (cont’d.)
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:
Test data shall be complete, accurate, include all supporting chemical/physical measurements
and all concentration/response data, and be certified by laboratory 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.
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.
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.
Attention: North Carolina Division of Water Quality
Environmental Sciences Branch
1621 Mail Service Center
Raleigh, North Carolina 27699-1621
1.
2.
3.
4.
Ammonia (as N)
Chlorine (total residual. TRC)
Dissolved oxygen
Nitrate/Nitrite
Total Kjeldahl nitrogen
Oil and grease
Total Phosphorus
Total dissolved solids
Hardness
Bis (2-chloroediyl) ether
Bis (2-chloroisopropyl) ether
Bis (2-ethylhexyl) phthalate
4-bromophenyl phenyl ether
Butyl benzyl phthalate
2-chloronaphthalene
4-chlorophenyl phenyl ether
Chrysene
Di-n-butyl phthalate
Di-n-octyl phthalate
Dibenzo(a.h)anthracene
1.2- dichlorobenzene
1.3- dichlorobenzene
1.4- dichlorobenzene
3.3- dichIorobenzidine
Diethyl phthalate
Dimethyl phthalate
2.4- dinitrotoluene
2,6-dinitrotoluene
1.2-diphenylhydrazine
Fluoranthene
Fluorene
Hexachlorobenzene
Hexachlorobutadiene
Hexachlorocyclo-pentadiene
Hexachloroethane
Indeno( 1,2.3-cd)pyrene
Isophorone
Naphthalene
Nitrobenzene
N-nitrosodi-n-propylamine
N-nitrosodimethylamine
N-nitrosodiphenylamlne
Phenanthrene
Pyrene
1.2.4- trichlorobenzene
Town of Clayton
NPDES No. NC0025453
Antimony
Arsenic
Beryllium
Cadmium
Chromium
Copper
Lead
Mercury
Nickel
Selenium
Silver
Thallium
Zinc
Cyanide
Total phenolic compounds
Volatile organic compounds:
Acrolein
Acrylonitrile
Benzene
Bromoform
Carbon tetrachlonde
Chlorobenzene
Chlorodibromome thane
Chloroethane
2-chloroethylvinyl ether
Chloroform
Dichlorobromomethane
1,1 -dichloroethane
1,2-dichloroe thane
Trans-1,2-dichloroe thylene
1.1 -dichloroethylene
1.2- dichloropropane
1.3- dichloropropylene
Ethylbenzene
Methyl bromide
Methyl chloride
Methylene chloride
1,1,2,2-tetrachloroethane
Tetrachloroethylene
Toluene
1.1.1- trichloroethane
1.1.2- trichloroe thane
Trichloroethylene
Vinyl chloride
Acid-extractable compounds:
P-chloro-m-creso
2-chlorophenol
2.4- dichlorophenol
2.4- dimethylphenol
4.6- dinitro-o-cresol
2.4- dinitrophenol
2-nitrophenol
4-nitrophenol
Pentachlorophenol
Phenol
2.4.6- trichlorophenol
Base-neutral compounds:
Acenaphthene
Acenaphthylene
Anthracene
Benzidine
Benzo(a)anthracene
Benzo(a)pyrene
3,4 benzofluoranthene
Benzo (ghi)perylene
Benzo(k)fluoranthene
Bis (2-chloroethoxy) methane
A. (7.) EFFLUENT POLLUTANT SCAN
The permittee shall perform an annual pollutant scan of its treated effluent for the following
parameters:
The total set of samples analyzed during the current term of the permit must be representative
of seasonal variations.
Samples shall be collected and analyzed in accordance with analytical methods approved
under 40 CFR Part 136.
Unless indicated otherwise, metals must be analyzed and reported as total recoverable.
Test results shall be reported to the Division in DWQ Form- DMR-PPA1 or in a form approved
by the Director, within 90 days of sampling. Two copies of the report shall be submitted along
with the DMRs to the following address: Division of Water Quality, Water Quality Section,
Central Files, 1617 Mail Service Center, Raleigh, North Carolina 27699-1617.
Section B. Schedule of Compliance
1.
2.
3.
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.
Permittee shall at all times provide the operation and maintenance necessary to operate the existing
facilities at optimum efficiency.
PARTI
(continued)
No later than 14 calendar days following a date identified in the above schedule of compliance, the
permittee shall submit either a report of progress or, in the case of specific actions being required by
identified dates, a written notice of compliance or 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.
I
SECTION A. DEFINITIONS
1.Permit Issuing Authority:The Director of the Division of Water Quality.
Means the Division of Water Quality, Department of Environment and Natural2.
3.EMC Used herein means the North Carolina Environmental Management Commission.
"the Act"amended,4.
Mass/Dav Measurements5.
a.
b.
d.
(Concentration Measurement6.
PART II
STANDARD CONDITIONS FOR NPDES PERMITS
Act or "the Act" The Federal W'atcr Pollution Control Act, also known as the Clean Water Act, as
33 USC 1251, et. seq.
The "maximum daily discharge" is the total mass (weight) of a pollutant discharged during a calendar day. If
only one sample is taken during any calendar day the weight of pollutant calculated from it is the "maximum
daily discharge." This limitation is identified as "Daily Maximum," in Part I of the permit.
The "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.
DEM or "the Division"
Resources.
The "monthly average discharge" is defined as the total mass of all daily discharges sampled and/or measured
during a calendar month on which daily discharges are sampled and measured, divided by the number of daily
discharges sampled and/or measured during such month. It is therefore, an arithmetic mean found by
adding the weights of the pollutant found each day of the month and then dividing this sum by the number
of days the tests were reported. The limitation is identified as "Monthly Average" in Part 1 of the permit.
The "weekly average discharge" is defined as the total mass of all daily discharges sampled and/or measured
during the calendar week (Sunday - Saturday) on which daily discharges arc 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.
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.
e.
f.
g-
7.Other Measurements
a.
b.
8. Types of Samples
a.
Flow, (MGD): The flow limit expressed in this permit is the 24 hours average flow, averaged monthly. It is
determined as the arithmetic mean of the total daily flows recorded during the calendar month.
An "instantaneous flow measurement" is a measure of flow taken at the time of sampling, when both the
sample and flow will be representative of the total discharge.
Part 11
Page 2 of 11
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.
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.
Composite Sample: A composite sample shall consist of:
(1) a series of grab samples collected at equal time intervals over a 24 hour period of discharge and
combined proportional to rhe rate of flow measured at the time of individual sample collection, or
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 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.
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 I of the
permit.
d. 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 arc 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.
6. b. 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.
Calculation of Means9.
a
b.
c.
11. Hazardous Substance:
SECTION B. GENERAL CONDITIONS
1.
a.
A hazardous substance means any substance designated under 40 CFR Part 116
pursuant to Section 311 of the Clean Water Act.
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.
Arithmetic Mean: The arithmetic mean of any set of values is the summation of the individual values divided
by the number of individual values.
Part II
Page 3 of 11
are individual samples collected over a period of time not exceeding 15 minutes;
be taken manually. Grab samples must be representative of the discharge or the
12. Toxic Pollutant:
Water Act.
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.
b. Grab Sample: Grab samples
the grab sample can
receiving waters.
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).
The permittee shall comply with effluent standards or prohibitions established under section 307(a) of the
Clean Water Act for toxic pollutants and with standards for sewage sludge use or disposal established under
section 405(d) of the Clean Water Act within the time provided in the regulations that establish these
standards or prohibitions or standards for sewage sludge use or disposal, even if the permit has not yet been
modified to incorporate the requirement.
8. a. (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.
10. Calendar Day: 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.
In accordance with (1) above, the time interval between influent grab samples shall be no greater than
once per hour, and the time interval between effluent grab samples shall be no greater than once per hour
except at wastewater treatment systems having a detention time of greater than 24 hours. In such cases,
effluent grab samples may be collected at time intervals evenly spaced over the 24-hour period which are
equal in number of hours to the detention time of the system in number of days. However, in no case
may the time interval between effluent grab samples be greater than six (6) hours nor the number of
samples less than four (4) during a 24-hour sampling period.
A toxic pollutant is any pollutant listed as toxic under Section 307(a)(1) of the Clean
c.
2.
3.
4.
5.
6.
7.
Part 11
Page 4 of 11
offshore physical structures or
Oil and Hazardous Substance Liability
Nothing in this permit shall be construed to preclude the institution of any legal action or relieve the permittee
from any responsibilities, liabilities, or penalties to which the permittee is or may be subject to under NCOS 143-
215.75 et 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 responsibility7 for effective compliance may be
temporarily suspended.
Onshore or Offshore Construction
This permit does not authorize or approve the construction of any onshore or
facilities or the undertaking of any work in any navigable waters.
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]
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.
1. 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 $2,500 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 U.S.C.
1319 and 40 CFR 122.41 (a)]
Civil and Criminal Liability
Except as provided in permit conditions on "Bypassing" (Part 11, 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.
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 1 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.
Duty to Mitigate
The permittee shall take all reasonable steps to minimize or prevent any discharge or sludge use or disposal in
violation of this permit which has a reasonable likelihood of adversely affecting human health or the
environment.
Severability
The provisions of this permit are severable, and if any provision of this permit, or the application of any
provision of this permit to any circumstances, is held invalid, the application of such provision to other
circumstances, and the remainder of this permit, shall not be affected thereby.
8.
a.
Part II
Page 5 of 11
or ranking
11. Signatory Requirements
All applications, reports, or information submitted to the Permit Issuing Authority shall be signed and certified.
Duty to Provide Information
The permittee shall furnish to the Permit Issuing Authority, within a reasonable time, any information which the
Permit Issuing Authority may request to determine whether cause exists for modifying, revoking and reissuing, or
terminating this permit or to determine compliance with this permit. The permittee shall also furnish to the
Permit Issuing Authority upon request, copies of records required to be kept by this permit.
a. or b. of this section shall make the
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 NCOS 143-215.6 and 33 USC 1251 ct. scq.
All permit applications shall be signed as follows:
(1) For a corporation: by a responsible corporate officer. For the purpose of this Section, a responsible
corporate officer means: (a) a president, secretary, treasurer or vice president of the corporation in
charge of a principal business function, or any other person who performs similar policy or decision
making functions for the corporation, or (b) the manager of one or more manufacturing production or
operating facilities employing more than 250 persons or having gross annual sales or expenditures
exceeding 25 million (in second quarter 1980 dollars), if authority to sign documents has been assigned or
delegated to the manager in accordance with corporate procedures.
(2) For a partnership or sole proprietorship: by a general partner or the proprietor, respectively; or
(3) For a municipality, State, Federal, or other public agency: by either a principal executive officer
elected official.
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 tor and obtain a new permit.
b. 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 a document under paragraphs
following certification:
"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, including the possibility of fines and imprisonment for knowing violations."
SECTION C. OPERATION AND MAINTENANCE OF POLLUTION CONTROLS
2.
Part 11
Page 6 of 11
3. Need to Halt or Reduce not a Defense
It shall not be a defense for a permittee in an enforcement action that it would have been necessary to halt or
reduce the permitted activity in order to maintain compliance with the condition of this permit.
13. Permit Modification, Revocation and Rcissuance, or Termination
The issuance of this permit does not prohibit the permit issuing authority from reopening and modifying the
permit, revoking and reissuing the permit, or terminating the permit as allowed by the laws, rules, and regulations
contained in Title 40, Code of Federal Regulations, Parts 122 and 123; Title ISA of the North Carolina
Administrative Code, Subchapter 211 .0100; and North Carolina General Statute 143-215.1 et. al.
4. Bypassing ot Treatment Facilities
a. Definitions
(1) "Bypass" means the known diversion of waste streams from any portion of a treatment facility including
the collection system, which is not a designed or established or operating mode for the facility.
(2) "Severe property damage" means substantial physical damage to property, damage to the treatment
facilities which causes them to become inoperable, or substantial and permanent loss of natural resources
which can reasonably be expected to occur in the absence of a bypass. Severe property damage does not
mean economic loss caused by delays in production.
14. Previous Permits
All previous National Pollutant Discharge Elimination System Permits issued to this facility, whether for
operation or discharge, are hereby revoked by issuance of this permit. [The exclusive authority to operate this
facility' arises under this permit. The authority to operate the facility under previously issued permits bearing this
number is no longer effective. ] The conditions, requirements, terms, and provisions of this permit authorizing
discharge under the National Pollutant Discharge Elimination System govern discharges from this facility.
Proper Operation and Maintenance
The permittee shall at all times properly operate and maintain all facilities and systems of treatment and control
(and related appurtenances) which are installed or used by the permittee to achieve compliance with the
conditions of this permit. Proper operation and maintenance also includes adequate laboratory controls and
appropriate quality assurance procedures. This provision requires the operation of back-up or auxiliary facilities
or similar systems which are installed by a permittee only when the operation is necessary to achieve compliance
with the conditions of the permit.
1. (Certified Operator
Pursuant to Chapter 90A-44 of North Carolina General Statutes, and upon classification of the facility by the
Certification Commission, the permittee shall employ a certified wastewater treatment plant operator in
responsible charge (ORC) of the wastewater treatment facilities. Such operator must hold a certification of the
grade equivalent to or greater than the classification assigned to the wastewater treatment facilities by the
Certification Commission. The permittee must also employ a certified back-up operator of the appropriate type
and any grade to comply with the conditions of Title ISA NCAC Chapter 8G.0200. The ORC of the facility
must visit each Class 1 facility at least weekly and each Class II, III, and IV facility at least daily, excluding
weekends and holidays, and must properly manage and document daily operation and maintenance of the facility
and must comply with all other conditions of Title ISA, NCAC Chapter 8G .0200. Once the facility is classified,
the permittee shall submit a letter to the Certification Commission which designates the operator in responsible
charge within thirty days after the wastewater treatment facilities are 50% complete.
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.
c.
d.
of this section.
a.
b. Effect of an upset:
d. Burden of proof:
Prohibition of Bypass
(1) Bypass from the treatment facility is prohibited and the Permit Issuing Authority may take enforcement
action against a permittee for bypass, unless:
Part II
Page 7 of 11
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:
In any enforcement proceeding the permittee seeking to establish the occurrence of an
upset has the burden of proof.
(2) Bypass from the collection system is prohibited and the Permit Issuing Authority may take enforcement
action against a Permittee for a bypass as provided in any current or future system-wide collection system
permit associated with the treatment facility.
(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) 'Hie permittee complied with any remedial measures required under Part II, B. 2. of this permit.
(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
(3) The Permit Issuing Authority may approve an anticipated bypass, after considering its adverse affects, if
the Permit Issuing Authority determines that it will meet the three conditions listed above in Paragraph
d. (1) of this section.
An upset constitutes an affirmative defense to an action brought for noncompliance
with such technology based permit effluent limitations if the requirements of paragraph c. of this condition
are met. No determination made during administrative review of claims that noncompliance was caused by
upset, and before an action for noncompliance, is final administrative action subject to judicial review.
5. Upsets
Definition: "Upset" means an exceptional incident in which there is unintentional and temporary
noncompliance with technology based permit effluent limitations because of factors beyond the reasonable
control of the permittee. An upset does not include noncompliance to the extent caused by operational
error, improperly designed treatment facilities, inadequate treatment facilities, lack of preventive maintenance,
or careless or improper operation.
4. b. Bypass not exceeding limitations.
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.
Notice
(1) Anticipated bypass. If the permittee knows in advance of the need for a bypass, it shall submit prior
notice, if possible at least ten days before the date of the bypass; including an evaluation of the
anticipated quality and affect of the bypass.
(2) Unanticipated bypass. The permittee shall submit notice of an unanticipated bypass as required in Part 11,
E. 6. of this permit. (24 hour notice).
SECTION D. MONITORING AND RECORDS
3.
NC DENR / Division of Water Quality / Water Quality Section
ATTENTION: Central Files
1617 Mail Service Center
Raleigh, North Carolina 27699-1617
Part II
Page 8 of 11
The first DMR is clue on the last clay of the month following the issuance of the permit or in the case of a new
facility, on the last clay 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:
2. Reporting
Monitoring results obtained during the previous month(s) shall be summarized for each month and reported on a
monthly Discharge Monitoring Report (DMR) Form (DEM No. MR 1, 1.1, 2, 3) or alternative forms approved by
the Director, DEM, postmarked no later than the 30th day following the completed reporting period.
1. Representative Sampling
Samples collected and measurements taken, as required herein, shall be characteristic of the volume and nature of
the permitted discharge. Samples collected at a frequency less than daily shall be taken on a day and time that is
characteristic of the discharge over the entire period which the sample represents. All samples shall be taken at
the monitoring points specified in this permit and, unless otherwise specified, before the effluent joins or is
diluted by any other wastestream, body of water, or substance. Monitoring points shall not be changed without
notification to and the approval of the Permit Issuing Authority.
7. Power Failures
The permittee is responsible for maintaining adequate safeguards as required by DEM Regulation, Title ISA,
North Carolina Administrative Code, Subchapter 2H, .0124 Reliability, to prevent the discharge of untreated or
inadequately treated wastes during electrical power failures either by means of alternate power sources, standby
generators or retention of inadequately treated effluent.
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 arc
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 1 of this permit and based on the manufacturer's pump curves shall not be
subject to this requirement.
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 NCOS 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.
4.
5.
6.
7.
a.
b.
d.
Part II
Page 9 of 11
a.
b.
c.
d.
e.
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 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 date, exact place, and time of sampling or measurements;
The individual(s) who performed the sampling or measurements;
The date(s) analyses were performed;
The individual(s) who performed the analyses;
The analytical techniques or methods used; and
f. The results of such 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), the permittee shall retain records of all monitoring information, including all calibration and maintenance
records and all original strip chart recordings for continuous monitoring instrumentation, copies of all reports
required by this permit, for a period of at least 3 years from the date of the sample, measurement, report or
application. This period may be extended by request of the Director at any time.
To meet the intent of the monitoring required by this permit, all test procedures must produce minimum
detection and reporting levels that arc 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 arc
determined capable of achieving minimum detection and reporting levels below permit discharge requirements,
then the most sensitive (method with the lowest possible detection and reporting level) approved method must
be used.
Penalties for Tampering
The Clean Water Act provides that any person who falsifies, tampers with, or knowingly renders inaccurate, any
monitoring device or method required to be maintained under this permit shall, upon conviction, be punished by
a fine of not more than $10,000 per violation, or by imprisonment for not more than two years per violation, or
by both. If a conviction of a person is for a violation committed after a first conviction of such person under this
paragraph, punishment is a fine of not more than $20,000 per day of violation, or by imprisonment of not more
than 4 years, or both.
8. Inspection and Entry
The permittee shall allow the Director, or an authorized representative (including an authorized contractor acting
as a representative of the Director), upon the presentation of credentials and other documents as may be required
by law, to;
Recording Results
For each measurement or sample taken pursuant to the requirements of this permit, the permittee shall record
the following information:
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;
1 lave 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.
SECTION E REPORTING REQUIREMENTS
1.
a.
b.
c.
3.
4.
a.
arithmetic mean
6.
Part II
Page 10 of 11
Change in Discharge
All discharges authorized herein shall be consistent with the terms and conditions of this permit. The discharge
of any pollutant identified in this permit more frequently than or at a level in excess of that authorized shall
constitute a violation of the permit.
5. Monitoring Reports
Monitoring results shall be reported at the intervals specified elsewhere in this permit.
Anticipated Noncompliance
The permittee shall give advance notice to the Director of any planned changes in the permitted facility or activity
which may result in noncompliance with permit requirements.
Transfers
This permit is not transferable to any person except after notice to the Director. The Director may require
modification or revocation and reissuance of the permittee and incorporate such other requirements as may be
necessary under the Clean Water Act.
The alteration or addition to a permitted facility may meet one of the criteria for determining whether a
facility is a new source in 40 CFR Part 122.29 (b); or
The alteration or addition could significantly change the nature or increase the quantity of pollutants
discharged. This notification applies to pollutants which are subject neither to effluent limitations in the
permit, nor to notification requirements under 40 CFR Part 122.42 (a) (1).
The alteration or addition results in a significant change in the permittee’s sludge use or disposal practices,
and such alternation, addition or change may justify the application of permit conditions that are different
from or absent in the existing permit, including notification of additional use or disposal sites not reported
during the permit application process or not reported pursuant to an approved land application plan.
2. Planned Changes
The permittee shall give notice to the Director as soon as possible of any planned physical alterations or additions
to the permitted facility’. Notice is required only when:
Twenty-four Hour Reporting
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.
Monitoring results must be reported on a Discharge Monitoring Report (DMR) (See Part II. D. 2 of this
permit) or forms provided by the Director for reporting results of monitoring of sludge use or disposal
practices.
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.
c. Calculations for all limitations which require averaging of measurements shall utilize an
unless otherwise specified by the Director in the permit.
6. b. The following shall be included
The Director may waive the written reportc.
8.
9.
a.
c.
Part II
Page 11 of‘11
on a case-by-case basis for reports under paragraph b. above of
this condition if the oral report has been received within 24 hours.
Other Information
Where the permittee becomes
submitted incorrect information in
such facts or information.
as information which must be reported within 24 hours under this paragraph:
10. Availability of Reports
Except for data determined to be confidential under NCOS 143-215.3 (a)(2) or Section 308 of the Federal Act, 33
USC 1318, all reports prepared in accordance with the terms shall be available for public inspection at the offices
of the Division of Water Quality. As required by the Act, effluent data shall not be considered confidential.
Knowingly making any false statement on any such report may result in the imposition of criminal penalties as
provided for in NCGS 143-215.1 (b)(2) or in Section 309 of the Federal Act.
(1) Any unanticipated bypass which exceeds any effluent limitation in the permit.
(2) Any upset which exceeds any effluent limitation in the permit.
(3) Violation of a maximum daily discharge limitation for any of the pollutants listed by the Director in the
permit to be reported within 24 hours.
aware that it failed to submit any relevant facts in a permit application, or
a permit application or in any report to the Director, it shall promptly submit
11. Penalties for Falsification of Reports
The Clean Water Act provides that any person who knowingly makes any false statement, representation, or
certification in any record or other document submitted or required to be maintained under this permit, including
monitoring reports or reports of compliance or noncompliance shall, upon conviction, be punished by a fine of
not more than 310,000 per violation, or by imprisonment for not more than two years per violation, or by both.
7. Other Noncompliance
The permittee shall report all instances of noncompliance not reported under Part II. E. 5 and 6. of this permit at
the time monitoring reports are submitted. The reports shall contain the information listed in Part II. E. 6. of
this permit.
Noncompliance Notification
The permittee shall report by telephone to cither 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:
Persons reporting such occurrences by telephone shall also file a written report in letter form within 5 days
following first knowledge of the occurrence.
Any occurrence at the water pollution control facility which results in the discharge of significant amounts of
wastes which are abnormal in quantity or characteristic, such as the dumping of the contents of a sludge
digester; the known passage of a slug of hazardous substance through the facility; or any other unusual
circumstances.
b. Any process unit failure, due to known or unknown reasons, that render the facility incapable of adequate
wastewater treatment such as mechanical or electrical failures of pumps, aerators, compressors, etc.
Any failure of a pumping station, sewer line, or treatment facility resulting in a by-pass directly to receiving
waters without treatment of all or any portion of the influent to such station or facility.
Requirements for Control of Pollutants Attribute to InJustri-.il Users.
1.
2.circumstances shall the permittee allow introduction of the following wastes in the waste treatment
a.
b.Discharges with pH lower
c.
d.
e.
f.
g-
h.
3.
4.
5.
B. Pretreatment Program Requirements
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 arc an enforceable part of this permit.
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:
PART III g
OTHER REQUIREMENT!
Under no
system:
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).
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.
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
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 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, 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.
'Phis 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.
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.
1.
2.
3.
4.
5.
6.
7.
8.
9.
Page 2 of 4
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) of all users of the sewer collection system at least once
every five years.
Monitoring Plan
The permittee shall implement a Division approved Monitoring Plan for the collection of facility7 specific data to be
used in a wastewater treatment plant Headworks Analysis (HWA) for the development of specific pretreatment local
limits.
7a.
7b.
PART III
OTHER REQUIREMENTS
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 (IUP) limitations.
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.
Industrial User Pretreatment Permits (IUP) & 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.
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.
PO’FW 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:
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.
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;
«
10.
These reports shall be submitted
a.)
b.)
c-)
proposed to correct the violations on specific
d.)
e.)
11.
12.
13.
14.
Page 3 of 4
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.
Funding and Financial Report
The permittee shall maintain adequate funding and staffing levels to accomplish the objectives of its approved
pretreatment program.
PART III
OTHER REQUIREMENT!
according to a schedule established by the Director and shall contain the following:
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.
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.
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.
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 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 (SNC);
Pretreatment Program Summary fPPS)
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 or
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 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;
«
ConstructionC.
D. Groundwater Monitoring
Publicly Owned Treatment WorksE.
All POTWs must provide adequate notice to the Director of the following:
1.
2.
3.
F. Requirement to Continually Evaluate Alternatives to Wastewater Discharges
Page 4 of 4
PART IV
ANNUAL ADMINISTERING AND COMPLIANCE MONITORING FEE
REQUIREMENTS
PART III
OTHER REQUIREMENTS
. (1) the quality and quantity of effluent
the quantity or quality of effluent to be
A. 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
2FI .0105(b)(4) may cause this Division to initiate action to revoke the permit.
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.
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 of this paragraph, adequate notice shall include information on
introduced into the POTW, and (2) any anticipated impact of the change on i
discharged from the POTW.
No construction of wastewater treatment facilities or additions to add to the plant's treatment capacity or to change the type
of process utilized at the treatment plant shall be begun until Final Plans and Specifications have been submitted to the
Division of Water Quality and written approval and Authorization to Construct has been issued.
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.