NC0025453_Final Permit_20220301

March 1, 2022
Subject:
Dear Mr. Cappola:
The Division has approved your request to change the name of the subject facility. Please
insert the attached pages into you permit and discard the old pages.
Sincerely,
ec: NPDES Unit (Laserfiche)
<D.EQ
aSwi—BlH
NORTH CAROLINA
Environmental Quality
North Carolina Department of Environmental Quality I Division of Water Resources
512 North Salisbury Street I 1617 Mail Service Center | Raleigh, North Carolina 27699-1617
919.707.9000
NPDES Permit NC0025453
Minor Modification / Facility Name Change
Sam’s Branch Water Reclamation Facility
Wake County
ROY COOPER
Governor
ELIZABETH S. BISER
Secretary
S. DANIEL SMITH
Director
S. Daniel Smith, Director
Division of Water Resources
If any parts, measurement frequencies or sampling requirements contained in this
modification are unacceptable to you, you have the right to an adjudicatory hearing upon written
request within thirty (30) days following receipt of this letter. This request must be in the form of
a written petition, conforming to Chapter 150B of the North Carolina General Statutes, and filed
with the Office of Administrative Hearings (6714 Mail Service Center, Raleigh, North Carolina
27699-6714). Unless such demand is made, this decision shall be final and binding.
This permit modification is issued pursuant to the requirements of North Carolina General
Statute 143-215.1 and the Memorandum of Agreement between North Carolina and the U.S.
Environmental Protection Agency dated October 15, 2007 (or as subsequently amended). Insert
the attached pages into your permit and discard the old pages.
Mr. Richard Cappola
Interim Town Manager
111 E Second St
Clayton, NC 27520
This permit is not transferable except after notice to the Division. The Division may
require modification or revocation and reissuance of the permit. This permit does not affect the
legal requirements to obtain other permits which may be required by any other Federal, State, or
Local governmental regulation. If you have any questions concerning these changes, please
contact Charles H. Weaver [[e-mail]].
Permit NC0025453
PERMIT
TO DISCHARGE WASTEWATER UNDER THE
NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM
Town of Clayton
is hereby authorized to discharge wastewater from a facility located at the
to receiving waters designated as the Neuse River in the Neuse River Basin
This permit shall become effective March 1,2022.
March 31,2024.
Signed this day March 1,2022.
STATE OF NORTH CAROLINA
DEPARTMENT OF ENVIRONMENTAL QUALITY
DIVISION OF WATER RESOURCES
in accordance with the effluent limitations, monitoring requirements, and other applicable conditions
set forth in Parts I, II, III, and IV hereof.
Sam's Branch Water Reclamation Facility
1000 Durham Street Extension
Clayton
Johnston County
This permit and authorization to discharge shall expire at midnight on
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 Environmental Management
Commission, and the Federal Water Pollution Control Act, as amended, the
for S. Daniel Smith, Director
Division of Water Resources
By Authority of the Environmental Management Commission
Permit NC0025453
The Town of Clayton
2.
3. After receiving an Authorization to Construct from the Division and submitting an engineer's
certification, construct and operate a 10.0 MGD wastewater treatment facility,
4.
Page 2 of 18
• mechanical screening and grit removal system,
• influent pump station
• 214,500 gallon anaerobic basin,
• 300,000 gallon anoxic tank,
• oxidation basin No. 2,
• 200,000 gallon anoxic tank
• oxidation basin No. 1,
• three (3) secondary clarifiers,
• two tertiary filters,
• ultraviolet disinfection with back-up chlorination/dechlorination,
• 90,000 gallon aerated digester/sludge stabilization tank,
• 360,000 gallon sludge holding tank,
• sludge loading station,
• sludge thickening building with rotary drum thickener
• non-potable water system using reclaimed treated wastewater
• reclaimed water pump station
Discharge from said treatment works at the location specified on the attached map via Outfall 001
into the Neuse River, classified WS-IV NSW CA waters in the Neuse River Basin.
This facility is located at the Sam's Branch Water Reclamation Facility (Durham Street Extension,
Clayton) in Johnston County, and
SUPPLEMENT TO PERMIT COVER SHEET
All previous NPDES Permits issued to this facility, whether for operation or discharge are hereby revoked. As of
this permit issuance, any previously issued permit bearing this number is no longer effective. Therefore, the
exclusive authority to operate and discharge from this facility arises under the permit conditions, requirements,
terms, and provisions included herein.
After receiving an Authorization to Construct from the Division and submitting an engineer's
certification, construct and operate a 6.0 MGD wastewater treatment facility
is hereby authorized to:
1. Continue to operate and maintain an existing 2.5 MGD wastewater treatment facility consisting of
the following components:
NC0025453 - Sam's Branch WRF Facility
Location
[Map not to scale]
Wake County
Latitude:
35°39'50"
Longitude:
78°25,26"JVoMtfl
IUSGS Quad Name: Clayton, N.C.
I Receiving Stream: Neuse River
Stream Class: WS-IV NSW CA
[ Hydrologic Unit Code: 03020201
Discharge location
N
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Permit NC0025453
PERMIT
TO DISCHARGE WASTEWATER UNDER THE
NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM
Town of Clayton
is hereby authorized to discharge wastewater from a facility located at the
to receiving waters designated as the Neuse River in the Neuse Ris er Basin
February 1, 2021.This permit shall become effective
March 31, 2024.This permit and authorization to discharge shall expire at midnight on
Signed this day January 15, 2020.
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 Environmental Management
Commission, and the Federal Water Pollution Control Act, as amended, the
in accordance with the effluent limitations, monitoring requirements, and other applicable conditions
set forth in Parts I, II, III, and IV hereof.
STATE OF NORTH CAROLINA
DEPARTMENT OF ENVIRONMENTAL QUALITY
DIVISION OF WATER RESOURCES
Little Creek Water Reclamation Facility
1000 Durham Street Extension
Clayton
Johnston County
x-----DocuSigned by.
AlicLuI j.
v-----C464531431644FE .
for S. Daniel Smith, Director
Division of Water Resources
By Authority of the Environmental Management Commission
PARTI
a.
EFFLUENT LIMITS MONITORING REQUIREMENTS
PARAMETER
Parameter Code
2/weeks I and E5.0 mg/L 7.5 mg/L Composite
COS 10 2/weeks10.0 mg/L 15.0 mg/L I and EComposite
2/week530.0 mg/L 45.0 mg/L I and EComposite
2/weeks1.0 mg/L 3.0 mg/L Composite E
COO 10 2/weeks2.0 mg/L 6.0 mg/L Composite E
31616 2/weeks200/100 mL 400/100 mL Grab E
Calculated E
Variable2Monitor and Report Grab U and D
Footnotes continue on the next page.
Page 3 of 18
1. The permittee shall submit Discharge Monitoring Reports electronically using NC DWR's eDMR application
system. See Special Condition A. (9.).
Weekly
Average
Daily
Maximum
A.(l.) EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS [2.5 MGD]
[15A NCAC 02B .0400 et seq., 15A NCAC02B .0500 et seq.] Grade IV
Biological Water Pollution Control System [15A NCAC 08G .0302]
During the period beginning on the effective date of the permit and lasting until expiration, the
permittee is authorized to discharge treated municipal and industrial wastewater from Outfall
001. Such discharges shall be limited and monitored1 by the permittee as specified below:
Permit \C0025453 T
50050
S2220
COS 10
CO5SQ
CO610
Measurement
Frequency
Continuous
Monthly
Composite
Composite
Footnote 7
Composite
Grab
Grab
Grab
Grab
Sample
Type
Recording
Calculated
Grab
Grab
Grab
Grab
Grab
Composite
Composite
Composite
Calculated
_E
E_
E^
E_
E^
£
£
£
E
Flow___________________
Total Monthly Flow (MG)
BOD, 5 day, 20°C3
(April 1- October 31)
BOD, 5 day, 20°C3
(November 1- March 31)
Total Suspended Solids3
NH3 as N
(Apr 1- Oct 31)________
NH3 as N
(Nov 1- Mar 31)_______
Fecal Coliform
(geometric mean)______
Dissolved Oxygen________
PH____________________
Temperature °C_________
Total Residual Chlorine4
Conductivity (pmhos/cm)
Total Phosphorus (mg/L)
TKN (mg/L)____________
NO3-N + NO;-N (mg/L)
Total Nitrogen5 (mg/L)
TN Load 9'10
Daily Average > 6.0 mg/L
Between 6.0 and 9.0 Standard Units
_______Monitor and Report_______
I | 28 pcj/T
_______Monitor and Report_______
2.0 mg/L (Quarterly Average)
_______Monitor and Report_______
_______Monitor and Report_______
_______Monitor and Report_______
Monitor and Report (Ib/month)
__________22,832 Ib/yr__________
_______Monitor and Report_______
_______Monitor and Report_______
_______Monitor and Report_______
_______Monitor and Report_______
_______Monitor and Report_______
_______Monitor and Report_______
_______Monitor and Report_______
Monitor and Report
Daily
Daily
Daily
Daily
Daily
Weekly
Weekly
Weekly
Weekly
Monthly
Annually
Quarterly
Quarterly
Footnote 7
Quarterly
Quarterly
Variable2
Variable2
Variable2
Sample
Location2
I or E
E
E
E
E
E
U
U and D
U and D
U and D
Monthly
Average
2.5 MGD
Monitor and Report
00300
00400
00010
50060
00094
CO665
00625
00630
C0600
QM600
QY600
Bis (2-ethylhexyl) phthalate (pg/L) 39100
Chronic Toxicity6______________TGP3B
Pollutant Scan7_________________NC01
Hardness11 -Total as CaCCg (mg/L) 00900
Hardness11 -Total as CaCOs (mg/L) 00900
Dissolved Oxygen (mg/L)_______00300
Temperature °C________________00010
Conductivity (pmhos/cm)________00094
Fecal Coliform (#/100mL) 31616
(geometric mean)
Footnotes:
IROY COOPER
January 15,2021
Subject:
Dear Mr. Solomon:
The following changes were made to the draft permit modification sent to you on November
13,2020:
• Footnote numbering was corrected in Sections A.(2.) and A.(3.).
• For consistency, footnote language referencing Authorizations to Operate have been
revised to instead reference acceptance of an Engineer’s Certificate [See A.(2.) and A.(3.)].
• Total residual chlorine footnote language was revised [See A.( 1.), A.(2.) and A.(3.)].
The final permit modification maintains the following significant changes identified in the
letter sent on November 13, 2020:
• As expansion of the Little Creek WR.F has been approved by the Division, expansion
pages have been added to the permit for 6.0 MGD and 10.0 MGD flow tiers [See A.(2.),
and A.(3.)].
• Chronic toxicity limit language has been updated to accommodate for the expanded flow
tiers [See A.(4.)].
• Total nitrogen credits and offset tables have been added to accommodate for the expanded
flow tiers [See A.(8.)].
Final NPDES Permit Modification
Permit NC0025453
Little Creek WRF
Johnston County
Grade IV Biological WPCS
SIC Code 4952^
MICHAEL S. REGAN
S. DANIEL SMITH
Division personnel have reviewed and approved your application for modification of the subject
permit. Accordingly, we are forwarding the attached NPDES permit. This permit is issued
pursuant to the requirements of North Carolina General Statute 143-215.1 and the Memorandum
of Agreement between North Carolina and the U.S. Environmental Protection Agency dated
October 15, 2007 (or as subsequently amended).
Mr. J D Solomon. Town Manager
Town of Clayton
1 11 East Second Street
Clayton, North Carolina 27528
Nw tri Carolina Dcpat tmenl ol Err.■ ironmen?al Quality I Division ol Water Resources
512 Norfli Salisbury Streer I lh)7 Mail Servir e Center Raleiyh North Carolina 27699 1617
9fu 7079000
Y
J,S z Tv"'J;' -
NORTH CAROLINA
Environmental Qualify
Hardcopy:
Ecopy:
If any parts, measurement frequencies or sampling requirements contained in this permit are
unacceptable to you, you have the right to an adjudicatory hearing upon written request within
thirty (30) days following receipt of this letter. This request must be in the form of a written
petition, conforming to Chapter 150B of the North Carolina General Statutes, and filed with the
Office of Administrative Hearings (6714 Mail Service Center, Raleigh, North Carolina 27699-
6714). Unless such demand is made, this decision shall be final and binding.
• Special Condition A.(3.) has been modified to include the specific three years in which the
Effluent Pollutant Scan shall be performed (2022, 2023, and 2024). In addition, at the end
of the Special Condition, 2nd species Toxicity Testing Requirements for municipal permit
renewals per Federal Regulations [40 CFR 122.2 l(j)(5)] have been added.
• A notation was made concerning the Electronic Reporting Rule - Phase 2 Extension. EPA
is proposing to extend the Phase 2 deadline from December 21, 2020, to December 21,
2025. The current compliance date will be extended if the implementation date is extended
as a final regulation change in the federal register [See A.(9.)].
Sincerely,
C-----DocuSigned by:
AticLul J. dlt>
-----C464531431644FE .
/<>/• S. Daniel Smith, Director
Division of W ater Resources, NCDEQ
Please note that this permit is not transferable except after notice to the Division. The Division
may require modification or revocation and reissuance of the permit. This permit does not affect
the legal requirements to obtain other permits which may be required by the Division of Water
Resources or any other Federal, State, or Local governmental regulations.
If you have any questions concerning this permit, please contact Nick Coco at [phone] or
via email at [e-mail].
NPDES Files
Central Files
US EPA Region 4
DWR Raleigh Regional OfficeAVater Quality/Scott Vinson
DWR Operator Certification Program/Maureen Kinney
DWR/Aquatic Toxicology Branch/Cindy Moore and Zach Thomas
DWR Ecosystems Branch/Mark Vander Borgh
DWR/Public Water Supply Raleigh Regional Office/Shawn Guyer
Permit NC0025453
PERMIT
TO DISCHARGE WASTEWATER UNDER THE
NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM
Town of Clayton
is hereby authorized to discharge wastewater from a facility located at the
to receiving waters designated as the Neuse River in the Neuse Ris er Basin
This permit shall become effective February 1,2021.
This permit and authorization to discharge shall expire at midnight on March 31, 2024.
Signed this day January 15, 2020.
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 Environmental Management
Commission, and the Federal Water Pollution Control Act, as amended, the
in accordance with the effluent limitations, monitoring requirements, and other applicable conditions
set forth in Parts I, II, III, and IV hereof.
STATE OF NORTH CAROLINA
DEPARTMENT OF ENVIRONMENTAL QUALITY
DIVISION OF WATER RESOURCES
Little Creek Water Reclamation Facility
1000 Durham Street Extension
Clayton
Johnston County
z—- DocuSigned by:
A'UcluitL J,
-----C464531431644FE .
/or S. Daniel Smith, Director
Division of Water Resources
By Authority of the Environmental Management Commission
Permit NC0025453
SUPPLEMENT TO PERMIT COVER SHEET
The Town of Clayton
1.
2.
Page 2 of 18
3. After receiving an Authorization to Construct from the Division and submitting an engineer's
certification, construct and operate a 10.0 MGD wastewater treatment facility.
All previous NPDES Permits issued to this facility, whether for operation or discharge are hereby revoked. As of
this permit issuance, any previously issued permit bearing this number is no longer effective. Therefore, the
exclusive authority to operate and discharge from this facility arises under the permit conditions, requirements,
terms, and provisions included herein.
This facility is located at the Little Creek Water Reclamation Facility, Durham Street Extension,
Clayton, Johnston County, and
After receiving an Authorization to Construct from the Division and submitting an engineer's
certification, construct and operate a 6.0 MGD wastewater treatment facility.
• mechanical screening and grit removal system,
• influent pump station
• 214,500 gallon anaerobic basin,
• 300,000 gallon anoxic tank,
• oxidation basin No. 2,
• 200,000 gallon anoxic tank
• oxidation basin No. 1,
• three (3) secondary clarifiers,
• two tertiary filters,
• ultraviolet disinfection with back-up chlorination/dechlorination,
• 90,000 gallon aerated digester/sludge stabilization tank,
• 360,000 gallon sludge holding tank,
• sludge loading station,
• sludge thickening building with rotary drum thickener
• non-potable water system using reclaimed treated wastewater
• reclaimed water pump station
is hereby authorized to:
Continue to operate and maintain an existing 2.5 MGD wastewater treatment facility7 consisting of
the following components:
4. Discharge from said treatment works at the location specified on the attached map via Outfall 001
into the Neuse River, classified WS-1V, NSW, CA waters in the Neuse River Basin.
Permit NC0025453
PARTI
a.
MONITORING REQUIREMENTSEFFLUENT LIMITS
PARAMETER
Parameter Code
2/week8 I and E5.0 mg/L 7.5 mg/L Composite
CO310 2/week8 I and E10.0 mg/L 15.0 mg/L Composite
2/week3 I and EComposite30.0 mg/L 45.0 mg/L
2/week83.0 mg/L Composite1.0 mg/L E
COS 10 2/weeks2.0 mg/L 6.0 mg/L Composite E
31616 2/week8 Grab200/100 mL 400/100 mL E
Calculated E
Variable2 Grab U and DMonitor and Report
Footnotes:
1.
Footnotes continue on the next page.
Page 3 of 18
The permittee shall submit Discharge Monitoring Reports electronically using NC DWR's eDMR application
system. See Special Condition A. (9.).
Weekly
Average
Daily
Maximum
A.(l.) EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS [2.5 MGD]
[15A NCAC 02B .0400 et seq., 15A NCAC02B .0500 et seq.] Grade IV
Biological Water Pollution Control System [15A NCAC 08G .0302]
During the period beginning on the effective date of the permit and lasting until expiration, the
permittee is authorized to discharge treated municipal and industrial wastewater from Outfall
001. Such discharges shall be limited and monitored1 by the permittee as specified below:
50050
S2220
COS 10
CO53Q
CO610
Measurement
Frequency
Continuous
Monthly
Sample
Type
Recording
Calculated
Grab
Grab
Grab
Grab
Grab
Composite
Composite
Composite
Calculated
Composite
Composite
Footnote 7
Composite
Grab
Grab
Grab
Grab
E_
£
£
£
£
£
£
£
E
Flow___________________
Total Monthly Flow (MG)
BOD, 5 day, 20°C3
(April 1- October 31)
BOD, 5 day, 20°C3
(November 1- March 31)
Total Suspended Solids3
NH3 as N
(Apr 1- Oct 31)________
NH3 as N
(Nov 1- Mar 31)_______
Fecal Coliform
(geometric mean)______
Dissolved Oxygen________
PH____________________
Temperature °C_________
Total Residual Chlorine4
Conductivity (pmhos/cm)
Total Phosphorus (mg/L)
TKN (mg/L)____________
NO3-N + NOj-N (mg/L)
Total Nitrogen5 (mg/L)
TN Load 9'10
Daily
Daily
Daily
Daily
Daily
Weekly
Weekly
Weekly
Weekly
Monthly
Annually
Quarterly
Quarterly
Footnote 7
Quarterly
Quarterly
Variable2
Variable2
Variable2
Sample
Location2
I or E
E
Daily Average > 6.0 mg/L
Between 6.0 and 9.0 Standard Units
_______Monitor and Report_______
| | 28 m^/L
_______Monitor and Report_______
2.0 mg/L (Quarterly Average)
_______Monitor and Report_______
_______Monitor and Report_______
_______Monitor and Report_______
Monitor and Report (Ib/month)
__________22,832 Ib/yr__________
_______Monitor and Report_______
_______Monitor and Report_______
_______Monitor and Report_______
_______Monitor and Report_______
_______Monitor and Report_______
_______Monitor and Report_______
_______Monitor and Report_______
Monitor and Report
E
E
E
E
U
U and D
U and D
U and D
Monthly
Average
2.5 MGD
Monitor and Report
00300
00400
00010
50060
00094
CO665
00625
00630
C0600
QM600
QY600
Bis (2-ethylhexyl) phthalate (pg/L) 39100
Chronic Toxicity6______________TGP3B
Pollutant Scan7_________________NC01
Hardness11 -Total as CaCO3 (mg/L) 00900
Hardness11 -Total as CaCO3 (mg/L) 00900
Dissolved Oxygen (mg/L)_______00300
Temperature °C________________00010
Conductivity (pmhos/cm)________00094
Fecal Coliform (#/100mL) 31616
(geometric mean)
Permit NC0025453
2.
3.
4.
5.
6.
7.
b.There shall be no discharge of floating solids or visible foam in other than trace amounts.
Page 4 of 18
8.
9.
Footnotes continued from A, (1.) Effluent Limitations and Monitoring Requirements:
Sample locations Llnfluent, E-Effluent, U-L’pstream = al NCSR 1700, D-Downstream = (1) NC HWY 42 and
(2) NCSR 1908. Upstream and downstream samples shall be grab samples collected 3/week during June,
July, August, and September and 1/week during the remainder of the year. Instream sampling requirements
are provisionally waived in light of the permittee's participation in the Lower Neuse River Basin Association.
Should participation in the association cease, all instream sampling requirements are immediately reinstated.
The monthly average effluent BOD5 and Total Suspended Solids concentrations shall not exceed of the
respective influent value (85% removal).
The TRC limit and monitoring requirements apply only if chlorine is used as a disinfectant (or elsewhere in
the process). The Division shall consider all effluent total residual < hlorine values reported below 50 gg/1 to
be in compliance with the permit. However, the permittee shall continue to record and submit all values
reported by a North Carolina certified laboratory (ini hiding field certified), even if these values fall below 50
Mg/1-
For a given wastewater sample, TN = TKN + NO3-N + NO2-N, where TN is Total Nitrogen, TKN is Total
Kjeldahl Nitrogen, and NO3-N and NO2-N are Nitrate and Nitrile Nitrogen, respectively.
Chronic Toxicity (Ceriodaphnia dubia) P/F al 2% with testing in March, June, September, and Dei ember. See
Special Condition A. (4.).
The permittee shall perform three effluent pollution scans during the term of this permit. See Special
Condition A. (5.).
Twice per week sampling must ociur on any two non-i onsei utive days during the calendar week.
TN Load is the mass load of TN discharged by the permittee in a period of time. See Special Condition A. (6.).
10. Compliance with these limits shall be determined in accordance with Special Condition A. (7.), Annual Limits
for Total Nitrogen.
11. The permittee shall sample instream hardness upstream of the facility's discharge. The sample shall be
representative of the hardness in the stream. If the permittee is a member of the Monitoring Coalition
Program, sampling for instream hardness may be waived as long as the Monitoring Coalition agrees to
sample hardness at the nearest upstream location, at a minimum frequency of quarterly, and the permittee
has obtained approval from DWR -NPDES Permitting Unit that the upstream station being monitored by the
coalition is representative of the receiving stream for this discharge. The permittee is responsible for
submitting instream hardness Lest results with its DMRs as results are received from the coalition. If coalition
membership is cancelled or the Monitoring Coalition terminates instream hardness sampling at the approved
station, the permittee will immediately notify the Division and resume sampling for instream hardness,
upstream of its discharge, as required in Set lion A. (1.). Effluent hardness shall be performed in conjunction
with testing for hardness dependent metals (cadmium, copper, lead, nickel, silver, and zinc).
Permit NC0025453
a.
EFFLUENT LIMITS MONITORING REQUIREMENTS
PARAMETER
Parameter Code
2l'Nee\'?5.0 mg/L 7.5 mg/L Composite I and E
COS 10 2/week910.0 mg/L I and E15.0 mg/L Composite
2/week9 I and E30.0 mg/L 45.0 mg/L Composite
2/week91.0 mg/L 3.0 mg/L Composite E
CO610 2/week92.0 mg/L 6.0 mg/L Composite E
31616 2/week9200/100 mL 400/100 mL Grab E
Calculated E
Variable2 U and DMonitor and Report Grab
Footnotes:
1.
Footnotes continue on the next page.
Page 5 of 18
The permittee shall submit Discharge Monitoring Reports electronically using NC DWR's eDMR application
system. See Special Condition A. (9.).
Weekly
Average
Daily
Maximum
A.(2.) EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS [6.0 MGD]
[15A NCAC 02B .0400 et seq., 15A NCAC02B .0500 et seq.] Grade IV
Biological Water Pollution Control System [15A NCAC 08G .0302]
Beginning upon the Division's acceptance of an Engineer's Certification of completion of the
expansion to 6.0 MGD and lasting until expansion above 6.0 MGD or permit expiration,
whichever comes first, the Permittee is authorized to discharge treated wastewater from Outfall
001. Such discharges shall be limited and monitored1 by the Permittee as specified below:
50050
82220
COS 10
CO53Q
CO610
Measurement
Frequency
Continuous
Monthly
Sample
Type
Recording
Calculated
Grab
Grab
Grab
Grab
Grab
Composite
Composite
Composite
Calculated
Composite
Composite
Footnote 8
Composite
Grab
Grab
Grab
Grab
£
£
£
£
£
£
£
£
E
Daily
Daily
Daily
Daily
Daily
Weekly
Weekly
Weekly
Weekly
Monthly
Annually
Quarterly
Quarterly
Footnote 8
Quarterly
Quarterly
Variable2
Variable2
Variable2
00300
00400
00010
50060
00094
CO665
00625
00630
C0600
QM600
QY600
Bis (2-ethylhexyl) phthalate (pg/L) 39100
Chronic Toxicity7_______________TGP3B
Pollutant Scan8________________NC01
Hardness12 -Total as CaCOa (mg/L) 00900
Hardness12 -Total as CaCQs (mg/L) 00900
Dissolved Oxygen (mg/L)_______00300
Temperature °C________________00010
Conductivity (pmhos/cm)________00094
Fecal Coliform (#/100mL) 31616
(geometric mean)
Sample
Location2
I or E
E
E
E
E
E
U
U and D
U and D
U and D
Monthly
Average
6.0 MGD
Monitor and Report
Daily Average > 6.0 mg/L
Between 6.0 and 9.0 Standard Units
_______Monitor and Report_______
_________| 28 pg/L
_______Monitor and Report_______
2.0 mg/L (Quarterly Average)
_______Monitor and Report_______
_______Monitor and Report_______
_______Monitor and Report_______
Monitor and Report (Ib/month)
Limited: See Footnote 6
_______Monitor and Report_______
_______Monitor and Report_______
Monitor and Report
_______Monitor and Report_______
Monitor and Report
_______Monitor and Report_______
_______Monitor and Report_______
Monitor and Report
Flow
Total Monthly Flow (MG)
BOD, 5 day, 20°C3
(April 1- October 31)
BOD, 5 day, 20°C3
(November 1- March 31)
Total Suspended Solids3
NHj as N
(Apr 1- Oct 31)
NH3 as N
(Nov 1- Mar 31)_______
Fecal Coliform
(geometric mean)______
Dissolved Oxygen________
PH____________________
Temperature °C_________
Total Residual Chlorine4
Conductivity (pmhos/cm)
Total Phosphorus (mg/L)
TKN (mg/L)____________
NOrN + NOz-N (mg/L)
Total Nitrogen5 (mg/L)
TN Load 10'n
Permit NC0025453
2.
4.
5.
6.
8.
b.There shall be no discharge of floating solids or visible foam in other than trace amounts.
Page 6 of 18
Footnotes > ontinued from previous pact1:
Sample locations I-Influent, E-Effluenl, U-Upstream = al NCSR 1700, D-Downstream = (1) NC HWY 42 and
(2) NCSR 1908. Upstream and downstream samples shall he grab samples collected 8/week during June,
July, August, and September and 1/week during the remainder of the year. Instream sampling requirements
are provisionally waived in light of the permittee's participation in the Lower Neuse River Basin Association.
Should participation in the association cease, all instream sampling requirements are immediately reinstated.
3. The monthly average effluent BOD5 and Total Suspended Solids concentrations shall not exceed 15% of the
respective influent value (85% removal).
The TRC limit and monitoring requirements apply only if chlorine is used as a disinfectant (or elsewhere in
the process). The Division shall consider all effluent total residual < hlorine values reported below 50 pg/1 to
be in compliance with the permit. However, the permittee shall continue to record and submit all values
reported by a North Carolina certified laboratory (including field certified), even if these values fall below 50
Mg/1-
For a given wastewater sample, TN = TKN + NO3-N + NO2-N, where TN is Total Nitrogen, TKN is Total
Kjeldahl Nitrogen, and NO3-N and NO2-N are Nitrate and Nitrite Nitrogen, respectively.
Upon Division acceptance of the Engineer's Certification of expansion to 6.0 MGD, and lasting through
December 31 of the same calendar year, the TN Load limit shall be 22,832 Ib/yr. Thereafter, the TN Load limit
shall be 63,926 lb/yr.
7. Chronic Toxicity' (Ceriodaphnia dubia) P/F al 4.8% with testing in March, June, September, and December.
See Special Condition A. (4.).
The permittee shall perform three effluent pollution scans during the term of this permit. See Special
Condition A. (5.).
9. Twice per week sampling must occur on any two non-consecutive days during the calendar week.
10. TN Load is the mass load of TN disc barged by the permittee in a period of time. See Special Condition A. (6.).
11. Compliance with these limits shall be determined in accordance with Special Condition A. (7.), Annual Limits
for Total Nitrogen.
12. The permittee shall sample instream hardness upstream of the facility's discharge. The sample shall be
representative of the hardness in the stream. If the permittee is a member of the Monitoring Coalition
Program, sampling for instream hardness may be waived as long as the Monitoring Coalition agrees to
sample hardness al the nearest upstream location, al a minimum frequency of quarterly, and the permittee
has obtained approval from DWR -.NPDES Permitting Unit that the upstream station being monitored by the
coalition is representative of the receiving stream for this discharge. The permittee is responsible for
submitting instream hardness test results with its DMRs as results are received from the coalition. If coalition
membership is cancelled or the Monitoring Coalition terminates instream hardness sampling at the approved
station, the permittee will immediately notify the Division and resume sampling for instream hardness,
upstream of its discharge, as required in Section A. (1.). Effluent hardness shall be performed in conjunction
with testing for hardness dependent metals (cadmium, copper, lead, nickel, silver, and zinc).
Permit NC0025453
a.
EFFLUENT LIMITS MONITORING REQUIREMENTS
PARAMETER
Parameter Code
2/week97.5 mg/L I and E5.0 mg/L Composite
CO310 2/week910.0 mg/L 15.0 mg/L Composite I and E
2/week930.0 mg/L 45.0 mg/L I and EComposite
2/week93.0 mg/L1.0 mg/L Composite E
COG 10 2/week92.0 mg/L 6.0 mg/L Composite E
31616 2/week9200/100 mL 400/100 mL Grab E
Calculated E
Variable2 U and DMonitor and Report Grab
Foolnotes:
Footnotes continue on the next page.
Page 7 of 18
1. The permittee shall submit Discharge Monitoring Reports electronically using NC DWR's eDMR application
system. See Special Condition A. (9.).
Weekly
Average
Daily
Maximum
A.(3.) EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS [10.0 MGD]
[15A NCAC 02B .0400 et seq., 15A NCAC02B .0500 et seq.] Grade IV
Biological Water Pollution Control System [15A NCAC 08G .0302]
Beginning upon the Division's acceptance of an Engineer's Certification of completion of the
expansion to 10.0 MGD and lasting until permit expiration, the Permittee is authorized to
discharge treated wastewater from Outfall 001. Such discharges shall be limited and monitored1
by the Permittee as specified below:
50050
S2220
CO310
CO53Q
COG 10
Measurement
Frequency
Continuous
Monthly
Daily
Daily
Daily
Daily
Daily
Weekly
Weekly
Weekly
Weekly
Monthly
Annually
Quarterly
Quarterly
Footnote 8
Quarterly
Quarterly
Variable2
Variable2
Variable2
Grab
Grab
Grab
Grab
Grab
Composite
Composite
Composite
Calculated
Composite
Composite
Footnote 8
Composite
Grab
Grab
Grab
Grab
Sample
Type
Recording
Calculated
£
E_
£
£
£
£
£
£
E
Sample
Location2
I or E
E
E
E
E
E
U
U and D
U and D
U and D
Monthly
Average
10.0 MGD
Monitor and Report
Daily Average > 6.0 mg/L
Between 6.0 and 9.0 Standard Units
_______Monitor and Report_______
| | 28^/L
_______Monitor and Report_______
2,0 mg/L (Quarterly Average)
_______Monitor and Report_______
_______Monitor and Report_______
_______Monitor and Report_______
Monitor and Report (Ib/month)
Limited: See Footnote 6
_______Monitor and Report_______
_______Monitor and Report_______
_______Monitor and Report_______
Monitor and Report
_______Monitor and Report_______
_______Monitor and Report_______
_______Monitor and Report_______
Monitor and Report
Flow___________________
Total Monthly Flow (MG)
BOD, 5 day, 20°C3
(April 1- October 31)
BOD, 5 day, 20°C3
(November 1- March 31)
Total Suspended Solids3
NHj as N
(Apr 1- Oct 31)________
NHs as N
(Nov 1- Mar 31)_______
Fecal Coliform
(geometric mean)
Dissolved Oxygen________
pH
Temperature °C_________
Total Residual Chlorine4
Conductivity (pmhos/cm)
Total Phosphorus (mg/L)
TKN (mg/L)____________
NO3-N 4- NO2-N (mg/L)
Total Nitrogen5 (mg/L)
TN Load 10-11
00300
00400
00010
50060
00094
CO665
00625
00630
CO60Q
QM600
QY600
Bis (2-ethylhexyl) phthalate (pg/L) 39100
Chronic Toxicity7______________TGP3B
Pollutant Scan3________________NC01
Hardness12 -Total as CaCOa (mg/L) 00900
Hardness12 -Total as CaCOa (mg/L) 00900
Dissolved Oxygen (mg/L)_______00300
Temperature °C________________00010
Conductivity (pmhos/cm)________00094
Fecal Coliform (#/100mL) 31616
(geometric mean)
Permit NC0025453
2.
3.
4.
5.
6.
7.
8.
b.There shall be no discharge of floating solids or visible foam in other than trace amounts.
Page 8 of 18
Footnotes continued from previous page:
Sample locations 1-Inlluent, E-Effluent, U-Upstream = al NCSR 170(1, D-Downstream = (1) NC HWY 42 and
(2) NCSR 1908. Upstream and downstream samples shall be grab samples collected 3/week during June,
July, August, and September and 1/week during the remainder of the year. Instream sampling requirements
are provisionally waived in light of the permittee's participation in the Lower Neuse River Basin Association.
Should participation in the assoi iation cease, all instream sampling requirements are immediately reinstated.
The monthly average effluent BOD5 and Total Suspended Solids coni entrations shall not exceed 15% of the
respective influent value (85% removal).
The TRC limit and monitoring requirements apply only if chlorine is used as a disinfectant (or elsewhere in
the process). The Division shall consider all effluent total residual < hlorine values reported below 50 pg/l to
be in compliance with the permit. However, the permittee shall continue to record and submit all values
reported by a North Carolina certified laboratory (including field certified), even if these values fall below 50
Mg/1-
For a given wastewater sample, TN = TKN + NO?-N + NCU-N, where TN is Total Nitrogen, TKN is Total
Kjeldahl Nitrogen, and NCh-N and NO2-N are .Nitrate and Nitrite Nitrogen, respectively.
Upon Division acceptance of the Engineer's Certification of expansion to 10.0 MGD, and lasting through
December 31 of the same calendar year, the TN Load limit shall be 63,926 Ib/yr. Thereafter, the TN Load limit
shall be 89,842 lb/yr.
Chronic Toxicity (Ceriodaphnia dubia) P/F at 7.7% with testing in March, June, September, and December.
See Special Condition A. (4.).
The’ permittee shall perform three effluent pollution scans during the term of this permit. Sec' Special
Condition A. (5.).
9. Twice' per week sampling must occur on any two non-consecutive clays during the calendar week.
10. TN Load is the mass load of TN discharged by the permittee in a period of lime. See Spec ial Condition A. (6.).
11. Compliance with these limits shall bi' determined in accordance with Spec ial Condition A. (7.), Annual Limits
for Total Nitrogen.
12. The permittee shall sample instream hardness upstream of the facility's disc harge. The sample' shall he
representative' of the hardness in the stream. If the permittee' is a member of the* Monitoring Coalition
Program, sampling for instream hardness may be waived as long as the' Monitoring Coalition agrees to
sample' hardness at the nearest upstream location, al a minimum frequency of quarterly, and the permittee
has obtained approval from DWR -NPDES Permitting Unit that the' upstream station being monitored by the
coalition is representative of the receiving stream for this disc barge. The permittee is responsible’ for
submitting instream hardness test results with its DMRs as results are received from the coalition. If coalition
membership is cancelled or the Monitoring Coalition terminates instream hardness sampling at the approved
station, the permittee will immediately notify the Division and resume sampling for instream hardness,
upstream of its discharge, as required in Section A. (L). Effluent hardness shall be performed in conjunction
with testing for hardness dependent metals (cadmium, copper, lead, nickel, silver, and zinc).
Permit NC0025453
Page 9 of 18
A.(4.) CHRONIC TOXICITY PERMIT LIMIT (QUARTERLY) [ISA NCAC 02B.0200]
The effluent discharge shall at no time exhibit observable inhibition of reproduction or significant
mortality to Cerioduphiiiu diibia at an effluent concentration of 2% at 2.5 MGD, 4.8% at 6.0 MGD and
7.7% at 10.0 MGD flow.
The permit holder shall perform at a minimum, nuartcrh/ monitoring using test procedures outlined in
the “North Carolina Ceriodaphnia Chronic Effluent Bioassay Procedure," Revised December 2010, or
subsequent versions or "North Carolina Phase 11 Chronic Whole Effluent Toxicity Test Procedure"
(Revised- December 2010) or subsequent versions. The tests will be performed during the months of
March, June, September, and December. These months signify the first month of each three-month
toxicity testing quarter assigned to the facility. Effluent sampling for this testing must be obtained
during representative effluent discharge and 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-December 2010) or subsequent versions.
All toxicity testing results required as part of this permit condition will be entered electronically using
the Division's eDMR system for the month in which tests were performed, using the parameter code
TGP3B for the pass/fail results and THP3B for the Chronic Value. Additionally, DWR Form AT-3
(original) is to be sent to the following address:
Attention: North Carolina Division of Water Resources
Water Sciences Section/Aquatic Toxicology Branch
1621 Mail Service Center
Raleigh, NC 27699-1621
Or, results can be sent to the email, ATForms.ATB ?<ncdenr.go\.
Completed Aquatic Toxicity' Test Forms shall be filed with the Water Sciences Section no later than 30
days after the end of the reporting period for which the report is made.
Test data shall be complete, 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 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 Water Sciences Section 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. Assessment of toxicity compliance is based on
the toxicity testing quarter, which is the three month time interval that begins on the first day of the
month in which toxicity testing is required by this permit and continues until the final day of the third
month.
Should any test data from this monitoring requirement or tests performed by the North Carolina
Division of Water Resources indicate potential impacts to the receiving stream, this permit may be re­
opened and modified to include alternate monitoring requirements or limits.
NOTE: Failure to achieve test conditions as specified in the cited document, such as minimum
control organism survival, minimum control organism reproduction, and appropriate environmental
Permit NC0025453
Page 10 of 18
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.
Bis (2-chloroethyl) 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- dichlorobenzidine
Diethyl phthalate
Dimethyl phthalate
2.4- dinitrotoluene
2,6-dinitrotoluene
1,2-diphenylhydrazine
Fluoranthene
Fluorene
Hexachlorobenzene
Hexachlorobutadiene
Hexachlorocyclo-pentadiene
Hexachloroethane
Indeno(l,2,3-cd)pyrene
Isophorone
Naphthalene
Nitrobenzene
N-nitrosodi-n-propylamine
N-nitrosodimethylamine
N-nitrosodiphenylamine
Phenanthrene
Pyrene
1.2.4- trichlorobenzene
Trans-l,2-dichloroethylene
1.1- dichloroethylene
1.2- dichloropropane
1.3- dichloropropylene
Ethylbenzene
Methyl bromide
Methyl chloride
Methylene chloride
1,1,2,2-tetrachloroethane
T etrachloroethylene
Toluene
1.1.1- trichloroethane
1.1.2- trichloroethane
Trichloroethylene
Vinyl chloride
Acid-extractable compounds:
P-chloro-m-cresol
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-neutra! 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.(5.) EFFLUENT POLLUTANT SCAN (Municipal POTWs) [G.S. 143-215.1 (b)]
The permittee shall perform a total of three (3) Effluent Pollutant Scans for all parameters listed below.
One scan must be performed in each of the following years: 2021, 2022, and 2023. Analytical methods
shall be in accordance with 40 CFR Part 136 and shall be sufficiently sensitive to determine whether
parameters are present in concentrations greater than applicable standards and criteria. Samples
should be collected with one quarterly toxicity test each year, and must represent seasonal variation
[i.e., do not sample in the same quarter every year]. Unless otherwise indicated, metals shall be
analyzed as "total recoverable."
Ammonia (as N)
Chlorine (total residual, TRC)
Dissolved oxygen
Nitrate/Nitrite
Kjeldahl nitrogen
Oil and grease
Phosphorus
Total dissolved solids
Hardness
Antimony
Arsenic
Beryllium
Cadmium
Chromium
Copper
Lead
Mercury (EPA Method 1631E)
Nickel
Selenium
Silver
Thallium
Zinc
Cyanide
Total phenolic compounds
Volatile organic compounds:
Acrolein
Acrylonitrile
Benzene
Bromoform
Carbon tetrachloride
Chlorobenzene
Chlorodibromomethane
Chloroethane
2-chloroethylvinyl ether
Chloroform
Dichlorobromomethane
1.1- dichloroethane
1.2- dichloroethane
Permit NC0025453
a.
i.
TMF
8.34
ii.
b.
Page 11 of 18
Contact the Division's Aquatic Toxicology Branch at 919-743-8401 for guidance on conducting the
additional toxicity tests and reporting requirements. Results should also be summarized in Part E
(Toxicity Testing Data) of EPA Municipal Application Form 2A, when submitting the permit renewal
application to the NPDES Permitting Unit.
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
Additional Toxicity Testing Requirements for Municipal Permit Renewal. Please note that
Municipal facilities that are subject to the Effluent Pollutant Scan requirements listed above are also
subject to additional toxicity testing requirements specified in Federal Regulation 40 CFR 122.21 (j)(5).
The US EPA requires four (4) toxicity tests for a test organism other than the test species currently
required in this permit. The multiple species tests should be conducted either quarterly for a 12-month
period prior to submittal of the permit renewal application, or four tests performed at least annually in
the four and one half year period prior to the application. These tests shall be performed for acute or
chronic toxicity, whichever is specified in this permit. The multiple species toxicity test results shall be
filed with the Aquatic Toxicology Branch at the following address:
North Carolina Division of Water Resources
Water Sciences Section/Aquatic Toxicology Branch
1621 Mail Service Center
Raleigh, North Carolina 27699-1621
Reporting. Test results shall be reported electronically via eDMR or on DWR Form - DMR-PPA-1 (or
on a form approved by the Director) by December 31st of each designated sampling year. The report
shall be submitted to the following address:
NC DEQ/ DWR / Central Files, 1617 Mail Service Center, Raleigh, North Carolina 27699-1617.
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 lb/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.
A.(6.) CALCULATION OF TOTAL NITROGEN LOADS [G.S. 143-215.1(b)]
The permittee shall calculate monthly and annual TN Loads as follows:
Monthly TN Load (Ib/mo) = TN x TMF x 8.34
where:
TN
A.(7.) ANNUAL LIMITS FOR TOTAL NITROGEN [G.S. 143-215.1(b)]
a. Total Nitrogen (TN) allocations and TN Load limits for NPDES dischargers in the Neuse River
basin apply on a calendar year basis.
1
Permit NC0025453
b.
c.
d.
i.
ii.
iii.
iv.
e.
i.
ii.
iii.
f.
Page 12 of 18
i.
ii.
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 discharge is less than or equal to its TN Load limit, or
the permittee is a co-permittee member of a compliance association.
If the permittee is not a co-permittee member of a compliance association and the permittee's
cumulative annual TN discharge exceeds the effective TN Load limit in this permit at any point
during the calendar year, the permittee is in violation of its TN Load limit, and each day of a
continuing violation shall constitute a separate violation.
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.
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.
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.
Application shall be sent to:
NCDWR / NPDES Programs
Attn: Neuse River Basin Coordinator
1617 Mail Service Center
Raleigh, NC 27699-1617
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.
Association roster(s) and members' TN allocations will be updated annually and in
accordance with state and federal program requirements.
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.
(A) Upon receipt of timely and proper notification, the Division will modify the permit as
appropriate and in accordance with state and federal program requirements.
(B) 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.
Permit NC0025453
Table 1. Allocations and Offset Credits - 2.5 MGD
STATUSSOURCEDATE
12/7/97; 4/1/03 Active
7/5/06 3,668 7,336 Resen/e
8/30/2007
TN Offset Credits 9/4/2020 Reserve
9/30/2020 13,000 26,000 Reserve
44,921 89,842 MixedTOTAL
11,416 22,832 Active
33,505 67,010 Resen/e
See footnotes below.
Page 13 of 18
Supplemental
Allocation
Supplemental
Allocation
ALLOCATION/
CREDITS TYPE
The following table lists the Total Nitrogen (TN) allocations and offset credits assigned to,
acquired by, or transferred to or from the permittee in accordance with the Neuse River nutrient
strategy (15A NCAC 02B .0700) and the status of each as of permit issuance. These allocations and
credits are not enforceable limits nor do they supersede any TN limit(s) established elsewhere in
this permit or in the NPDES permit of a compliance association of which the permittee is a Co­
Permittee Member.
ALLOCATION/ CREDITS
AMOUNT (Ib/yr)1
1,645
716
929
3,290
1,432
1,858
Mixed
Active
Reserve
Purchased from UNIFI-Kinston
(NC0003760)
A.(8.) TOTAL NITROGEN ALLOCATIONS AND OFFSET CREDITS [G.S. 143-215.1(b)]
a.
Base Allocation
Supplemental
Allocation
Purchased from
RS-Flat Swamp, LLC (Flat Swamp
_______Mitigation Bank)_______
Purchased from International
Paper, NC0003191
Estuary
10,700
Discharge
21,400
31,816 4
Assigned by Rule 2
Purchased from South Granville
WSA (NC0026824)
15,908 3'4
Permit NC0025453
Table 2. Allocations and Offset Credits - 6.0 MGD
STATUSSOURCEDATE
12/7/97; 4/1/03 Active
7/5/06 3,668 7,336 Resen/e
8/30/2007 1,645 3,290 Active
TN Offset Credits 9/4/2020 Resen/e
9/30/2020 26,00013,000
MixedTOTAL44,921 89,842
31,963 63,926 Active
12,958 25,916 Reserve
See footnotes below.
Table 3. Allocations and Offset Credits - 10.0 MGD
SOURCE DATE STATUS
12/7/97; 4/1/03 Active
7/5/06 3,668 7,336 Active
8/30/2007 1,645 3,290 Active
TN Offset Credits 9/4/2020 Active
9/30/2020 13,000 26,000 Active
44,921 89,842TOTAL Active
Footnotes:
4.
Page 14 of 18
Supplemental
Allocation
Supplemental
Allocation
ALLOCATION/
CREDITS TYPE
ALLOCATION/
CREDITS TYPE
Purchased from International
Paper, NC0003191
ALLOCATION/ CREDITS
AMOUNT (Ib/yr)1
ALLOCATION/ CREDITS
AMOUNT (Ib/yr)1
Mixed
Active
Reserve
1.
2.
3.
Transport Factor = 50%. Values are displayed to the nearest pound per year.
15A NCAC 02B .0713 (formerly 02B .0234/
The Permittee purchased offset credits in the amount of 715,858.18 lb TN, or 23,861.94 lb/yr for 30 years.
To satisfy the 1.5:1 uncertainty ratio (Rule .0713), 15,907.96 Ib/yr of credits are available to the Permittee,
and the remaining 7,953.98 Ib/yr are set aside for the benefit of the estuary and are not available to offset
any activity, whether point source or nonpoint source in nature.
The Mitigation Bank is located in the 100% transport zone per the 1999 Neuse Estuary7 TMDL. In
accordance with S.L. 2020-18, the 15,907.96 Ib/yr of available credits acquired by the Permittee are, for the
purposes of this permit, equivalent to 31,815.92 Ib/yr for 30 years at the Permittee's discharge location.
Base Allocation
Supplemental
Allocation
Supplemental
Allocation
Base Allocation
Supplemental
Allocation
Supplemental
Allocation
Assigned by Rule 2
Purchased from South Granville
WSA (NC0026824)
Purchased from UNIFI-Kinston
(NC0003760)
Purchased from
RS-Flat Swamp, LLC (Flat Swamp
Mitigation Bank)
Estuary
10,700
Estuary
10,700
Discharge
21,400
Discharge
21,400
15,908 3'4
31,816 415,908 3-4
31,816 4
Assigned by Rule 2
Purchased from South Granville
WSA (NC0026824)
Purchased from UNIFI-Kinston
(NC0003760)
Purchased from
RS-Flat Swamp, LLC (Flat Swamp
Mitigation Bank)
Purchased from International
Paper, NC0003191
Permit NC0025453
b.
Page 15 of 18
Signatory Requirements
Reporting
Records Retention
Monitoring Reports
If a permittee is unable to use the eDMR system due to a demonstrated hardship or due to the
facility' being physically located in an area where less than 10 percent of the households have
broadband access, then a temporary waiver from the NPDES electronic reporting requirements
may be granted and discharge monitoring data may be submitted on paper DMR forms (MR 1,1.1,
2, 3) or alternative forms approved by the Director. Duplicate signed copies shall be submitted to
the mailing address above. See "How to Request a Waiver from Electronic Reporting" section
below.
Regardless of the submission method, the first DMR is due on the last day of the month following
the issuance of the permit or in the case of a new facility, on the last day of the month following the
commencement of discharge.
Starting on December 21, 2020, the permittee must electronically report the following compliance
monitoring data and reports, when applicable:
Any addition, deletion, or modification of the listed allocations and credits (other than
typographical errors) or any change to Active status of any of the listed allocations and credits
shall be considered a major modification of this permit and shall be subject to the public review
process afforded such modifications under state and federal rules.
A.(9.) ELECTRONIC REPORTING OF MONITORING REPORTS [G.S. 143-215.1(b)]
Federal regulations require electronic submittal of all discharge monitoring reports (DMRs) and
program reports. The final NPDES Electronic Reporting Rule was adopted and became effective on
December 21, 2015.
NOTE: This special condition supplements or supersedes the following sections within Part 11 of this
permit (Stniidnrd Conditions for NPDES Permits):
• Section B. (11.)
• Section D. (2.)
• Section D. (6.)
• Section E. (5.)
1. Reporting Requirements [Supersedes Section D, (2.) and Section E. (5.) (a)]
The permittee shall report discharge monitoring data electronically using the NC DWR's Electronic
Discharge Monitoring Report (eDMR) internet application.
Monitoring results obtained during the previous month(s) shall be summarized for each month and
submitted electronically using eDMR. The eDMR system allows permitted facilities to enter
monitoring data and submit DMRs electronically using the internet. Until such time that the state's
eDMR application is compliant with EPA's Cross-Media Electronic Reporting Regulation
(CROMERR), permittees will be required to submit all discharge monitoring data to the state
electronically using eDMR and will be required to complete the eDMR submission by printing,
signing, and submitting one signed original and a copy of the computer printed eDMR to the
following address:
NC DEQ / Division of Water Resources / Water Quality Permitting Section
ATTENTION: Central Files
1617 Mail Service Center
Raleigh, North Carolina 27699-1617
Permit NC0025453
Page 16 of 18
• Sewer Overflow/Bypass Event Reports;
• Pretreatment Program Annual Reports; and
• Clean Water Act (CWA) Section 316(b) Annual Reports.
NPDES Electronic Reporting Rule - Phase 2 Extension. EPA is proposing to extend the Phase 2
deadline from December 21, 2020, to December 21, 2025. The current compliance date will be
extended if the implementation date is extended as a final regulation change in the federal register.
The permittee may seek an electronic reporting waiver from the Division (see "How to Request a
Waiver from Electronic Reporting" section below).
2. Electronic Submissions
In accordance with 40 CFR 122.41 (1)(9), the permittee must identify the initial recipient at the time
of each electronic submission. The permittee should use the EPA's website resources to identify the
initial recipient for the electronic submission.
Initial recipient of electronic NPDES information from NPDES-regulated facilities means the entity
(EPA or the state authorized by EPA to implement the NPDES program) that is the designated
entity for receiving electronic NPDES data [see 40 CFR 127.2(b)].
EPA plans to establish a website that will also link to the appropriate electronic reporting tool for
each type of electronic submission and for each state. Instructions on how to access and use the
appropriate electronic reporting tool will be available as well. Information on EPA's NPDES
Electronic Reporting Rule is found at:
https://www.federalregister.gov/documents/2015/10/22/2015-24954/national-pollutant-
discharge-elimination-system-npdes-electronic-reporting-rule
Electronic submissions must start by the dates listed in the "Reporting Requirements" section
above.
3. How to Request a Waiver from Electronic Reporting
The permittee may seek a temporary electronic reporting waiver from the Division. To obtain an
electronic reporting waiver, a permittee must first submit an electronic reporting waiver request to
the Division. Requests for temporary electronic reporting waivers must be submitted in writing to
the Division for written approval at least sixty (60) days prior to the date the facility would be
required under this permit to begin submitting monitoring data and reports. The duration of a
temporary waiver shall not exceed 5 years and shall thereupon expire. At such time, monitoring
data and reports shall be submitted electronically to the Division unless the permittee re-applies for
and is granted a new temporary electronic reporting waiver by the Division. Approved electronic
reporting waivers are not transferrable. Only permittees with an approved reporting waiver
request may submit monitoring data and reports on paper to the Division for the period that the
approved reporting waiver request is effective.
Information on eDMR and the application for a temporary electronic reporting waiver are found on
the following web page:
http: / / deq.nc.go\' / abou t/ divisions/ wa ter-resources/ edmr
4. Signatory Requirements [Supplements Section B. (11.) (b) and Supersedes Section B. (11.) (d)]
All eDMRs submitted to the permit issuing authority shall be signed by a person described in Part
11, Section B. (ll.)(a) or by a duly authorized representative of that person as described in Part II,
Section B. (ll.)(b). A person, and not a position, must be delegated signatory authority for eDMR
reporting purposes.
Permit NC0025453
Page 17 of 18
For eDMR submissions, the person signing and submitting the DMR must obtain an eDMR user
account and login credentials to access the eDMR system. For more information on North
Carolina's eDMR system, registering for eDMR and obtaining an eDMR user account, please visit
the following web page:
http://deq.nc.gov/about/divisions/ water-resources/edmr
Certification. Any person submitting an electronic DMR using the state's eDMR system shall make
the following certification [40 CFR 122.22]. NO OTHER STATEMENTS OF CERTIFICATION WILL
BE ACCEPTED:
"I certify, under penalty of law, that this document and all attachments were prepared under my direction or
supervision m 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 infonnation, including the possibility of fines and imprisonment for knowing violations."
5. Records Retention [Supplements Section D. (6.)]
The permittee shall retain records of all Discharge Monitoring Reports, including eDMR
submissions. These records or copies shall be maintained for a period of at least 3 years from the
date of the report. This period may be extended by request of the Director at any time [40 CFR
122.41],
Permit NC0025453
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Section A. Definitions
(3)
Version 11/09/2011.2
(1)
(2)
PART II
STANDARD CONDITIONS FOR NPDES PERMITS
NPDES Permit Standard Conditions
Page i of 18
2 Month
Samples arc collected twice per month with at least ten calendar days between sampling events. These samples shall be
representative of the wastewater discharged during the sample period.
3 Week
Samples are collected three times per week on three separate calendar days. These samples shall be representative of
the wastewater discharged during the sample period.
Act or "the Act”
The Federal Waler Pollution Control Act, also known as the Clean Water Act (CWA). as amended. 33 USC 1251. et.
scq.
Annual Average
The arithmetic mean of all "daily discharges" of a pollutant measured during the calendar year. In the case of fecal
coliform, the geometric mean of such discharges.
Arithmetic Mean
The summation of the individual values divided by the number of individual values.
Bypass
The known diversion of waste streams from any portion of a treatment facility including the collection system, which is
not a designed or established or operating mode for the facility.
Calendar Dav
The period from midnight of one day until midnight of the next day. However, for purposes of this permit, any
consecutive 24-hour period that reasonably represents the calendar day may be used for sampling.
Calendar Week
The period from Sunday through the following Saturday.
Calendar Quarter
One of the following distinct periods: January through March. April through June, July through September, and
October through December.
Composite Sample
A sample collected over a 24-hour period by continuous sampling or combining grab samples of al least 100 mL in
such a manner as to result in a total sample representative of the wastewater discharge during the sample period. The
Director may designate the most appropriate method (specific number and size of aliquots necessary, the time interval
between grab samples, etc.) on a case-by-case basis. Samples may be collected manually or automatically. Composite
samples may be obtained by the following methods:
Continuous: a single, continuous sample collected over a 24-hour period proportional to the rale of How.
Constant time \ ariablc volume: a scries of grab samples collected at equal lime inten als over a 24 hour period
of discharge and combined proportional to the rate of How measured at the time of individual sample
collection, or
Variable time constant volume: a series of grab samples of equal volume collected over a 24 hour period with
the time inten als between samples determined by a preset number of gallons passing the sampling point. Flow
measurement between sample inten als shall be determined by use of a flow recorder and totalizer, and the
preset gallon interval between sample collection fixed al no greater than 1 24 of the expected total daily flow at
the treatment system, or
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NPDES Permit Standard Conditions
Page 2 of 18
(4) Constant time/conslant volume: a senes of grab samples of equal volume collected over a 24-hour period at a
constant time interval. Use of this method requires prior approval by the Director. This method may only be
used in situations where effluent How rates vary less than 15 percent. The following restrictions also apply:
r- Influent and effluent grab samples shall be of equal size and of no less than 100 milliliters
r- Influent samples shall not be collected more than once per hour.
Permittees with wastewater treatment systems w hose detention time < 24 hours shall collect effluent grab
samples at intervals of no greater than 20 minutes apart during any 24-hour period.
r Permittees with wastewater treatment systems whose detention time exceeds 24 hours shall collect effluent
grab samples at least c\ ery six hours: there must be a minimum of four samples during a 24-hour sampling
period.
Continuous flow measurement
Flow monitoring that occurs without interruption throughout the operating hours of the facility. Flow shall be
monitored continually except for the infrequent times when there may be no flow or for infrequent maintenance
activities on the flow device.
EMC
The North Carolina Environmental Management Commission
EPA
The United States Environmental Protection Agency
Facility Closure
Cessation of all activities that require coverage under this NPDES permit. Completion of facility closure w ill allow this
permit to be rescinded.
Geometric Mean
The Nth root of the product of the individual values where N = the number of individual values. For purposes of
calculating the geometric mean, values of "0" (or "< |detection level |") shall be considered = 1.
Grab Sample
Indiv idual samples of at least 100 mL collected over a period of lime not exceeding 15 minutes. Grab samples can be
collected manually. Grab samples must be representative of the discharge (or the receiving stream, for instrcam
samples).
Daily Discharge
The discharge of a pollutant measured during a calendar day or any 24-hour period that reasonably represents the
calendar day for purposes of sampling. For pollutants measured in units of mass, the "daily discharge" is calculated as
the total mass of the pollutant discharged over the day. For pollutants expressed in other units of measurement, the
"daily discharge” is calculated as the a\cragc measurement of the pollutant over the day. (40 CFR 122.2: see also
"Composite Sample/' above.)
Daily Maximum
The highest "daily discharge" during the calendar month.
Daily Sampling
Parameters requiring daily sampling shall be sampled 5 out of every 7 days per week unless otherw ise specified in the
permit. Sampling shall be conducted on w cekdays except w here holidays or other disruptions of normal operations
prevent weekday sampling. If sampling is required for all seven days of the week for any permit parameier(s), that
requirement will be so noted on the Effluent Limitations and Monitoring Page(s).
DWR or "the Di\ ision"
The Division of Water Resources. Department of En\ironmental Quality.
Effluent
Waslcw atcr discharged following all treatment processes from a water pollution control facility or other point source
w hether treated or untreated.
Section B. General Conditions
I.
a.
b.
c.
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Page 3 of IK
Quarterly Average (concentration limit)
The arithmetic mean of all samples taken over a calendar quarter.
Se\ ere property damage
Substantial physical damage to property, damage to the treatment facilities w hich causes them to become inoperable, or
substantial and permanent loss of natural resources which can reasonably be expected to occur in the absence of a
bypass. Severe property damage excludes economic loss caused by delays in production.
Toxic Pollutant:
Any pollutant listed as toxic under Section 307(a)( I) of the CWA.
Upset
An incident beyond the reasonable control of the Permittee causing unintentional and temporary noncompliance with
pennit effluent limitations and or monitoring requirements. An upset does not include noncompliance caused by
operational error, improperly designed treatment facilities, inadequate treatment facilities, lack of preventive
maintenance, or careless or improper operation.
Weekly Average (concentration limit)
The arithmetic mean of all "daily discharges" of a pollutant measured during the calendar w eek. In the case of fecal
coliform or other bacterial parameters or indicators, the geometric mean of such discharges.
Hazardous Substance
Any substance designated under 40 CFR Part I I6 pursuant to Section 31 I of the CWA.
Instantaneous flow measurement
The flow measured during the minimum time required for the flow measuring device or method to produce a result in
that instance. To the extent practical, instantaneous floyv measurements coincide with the collection of any grab
samples required for the same sampling period so that together the samples and flow arc representative of the discharge
during that sampling period.
Monthly A\erage (concentration limit)
The arithmetic mean of all "daily discharges" of a pollutant measured during the calendar month. In the case of fecal
coliform or other bacterial parameters or indicators, the geometric mean of such discharges.
Permit Issuing Authority
The Director of the Division of Waler Resources.
Duly to Comply
The Permittee must comply with all conditions of this permit. Any permit noncompliance constitutes a violation of
the CWA and is grounds for enforcement action; for permit termination, revocation and reissuance, or
modification; or denial of a permit renewal application [40 CFR 122.41],
The Permittee shall comply with effluent standards or prohibitions established under section 307(a) of the
CWA for toxic pollutants and with standards for sewage sludge use or disposal established under section
405(d) of the CWA yvilhin the lime provided in the regulations that establish these standards or prohibitions or
standards for sew age sludge use or disposal, even if the permit has not yet been modified to incorporate the
requirement.
The CWA provides that any person who violates sectionfs] 301.302, 306, 307, 30K, 3 IK or 405 of the Act. or
any permit condition or limitation implementing any such sections in a permit issued under section 402. or any
requirement imposed in a pretreatment program approved under sections 402(a)(3) or 402(b)(8) of the Act, is
subject to a civil penalty not to exceed $37,500 per day for each violation. [33 USC 1319(d) and 40 CFR
122.41(a)(2)]
The CWA provides that any person who negligently y iolates sections 301. 302, 306, 307, 308, 318, or 405 of
the Act, or any condition or limitation implementing any of such sections in a permit issued under section 402
of the Act, or any requirement imposed in a pretreatment program approx ed under section 402(a)(3) or
402(b)(8) of the Act. is subject to criminal penalties of S2,5OO to $25,000 per day of violation, or
d.
e.
f.
g-
2.
3.
4.
5.
6.
Version 11/09/2011.2
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Page 4 of 18
imprisonment of not more than 1 year, or both. In the case of a second or subsequent conviction for a negligent
violation, a person shall be subject to criminal penalties of not more than S50,000 per day of violation, or by
imprisonment of not more than 2 years, or both. [33 CSC 1319(c)( 1) and 40 CFR 122.41(a)(2)]
Any person who knowingly violates such sections, or such conditions or limitations is subject to criminal
penalties of S5.()0() to $50,000 per day of violation, or imprisonment for not more than 3 years, or both. In the
case of a second or subsequent conviction for a knowing violation, a person shall be subject to criminal
penalties of not more than SI 00,000 per day of violation, or imprisonment of not more than 6 years, or both.
[33 USC 1319(c)(2) and 40 CFR 122.41(a)(2)]
Any person who knowing/y violates section 301. 302, 303, 306, 307, 308, 318 or 405 of the Act. or any permit
condition or limitation implementing any of such sections in a permit issued under section 402 of the Act. and
who knows at that time that he thereby places another person in imminent danger of death or serious bodily
in jury, shall, upon conviction, be subject to a fine of not more than $250,000 or imprisonment of not more than
15 years, or both. In the case of a second or subsequent conviction for a knowing endangerment violation, a
person shall be subject to a fine of not more than $500,000 or by imprisonment of not more than 30 years, or
both. An organization, as defined in section 309(c)(3)(B)(iii) of the CWA. shall, upon conviction of violating
the imminent danger provision, be subject to a fine of not more than $1,000,000 and can be fined up to
$2,000,000 for second or subsequent convictions. [40 CFR 122.41(a)(2)]
Under state law, a civil penally of not more than $25,000 per violation may be assessed against any person
who \ iolates or fails to act in accordance with the terms, conditions, or requirements of a permit. [North
Carolina General Statutes § 143-215.6A|
Any person may be assessed an administrative penalty by the Administrator for violating section 301,302,
306, 307, 308, 3 18 or 405 of this Act. or any pennit condition or limitation implementing any of such sections
in a permit issued under section 402 of this Act. Administrative penalties for Class 1 \ iolalions are not to
exceed $16,000 per violation, w ith the maximum amount of any Class I penalty assessed not to exceed
$37,500. Penalties for Class 11 violations arc not to exceed $ 16,000 per day for each day during which the
violation continues, with the maximum amount of any Class II penalty not to exceed $177,500. [33 USC
1319(g)(2) and 40 CFR 122.41(a)(3)]
Dutv to Mitieate
The Pennittee shall take all reasonable steps to minimize or prevent any discharge or sludge use or disposal in
violation of this permit with a reasonable likelihood of adversely affecting human health or the environment [40
CFR 122.41(d)],
Civil and Criminal Liability
Except as provided in pennit conditions on "Bypassing" (Part II.C.4). "Upsets" (Part I1.C.5) and "Power Failures"
(Pail I1.C.7), nothing in this permit shall be construed to relieve the Permittee from any responsibilities, liabilities,
or penalties for noncompliance pursuant to NCOS 143-215.3, 143-215.6 or Section 309 of the Federal Act, 33 USC
1319. Furthennore. the Permittee is responsible for consequential damages, such as fish kills, even though the
responsibility for effective compliance may be temporarily suspended.
Oil and Hazardous Substance Liability
Nothing in this permit shall be construed to preclude the institution of any legal action or relieve the Permittee
from any responsibilities, liabilities, or penalties to which the Pennittee 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 responsibility for effective compliance may be
temporarily suspended.
Property Riehts
The issuance of this pennit does not convey any property rights in either real or personal properly, or any exclusive
privileges, nor does it authorize any injury to private property or any invasion of personal rights, nor any
infringement of Federal. Stale or local laws or regulations [40 CFR 122.41(g)],
Onshore or Offshore Construction
This pennit does not authorize or approve the conslmction of any onshore or offshore physical structures or
facilities or the undertaking of any work in any navigable walers.
7.
8.
9.
10.
11.
a.
(1)
b.
(3)
Version 11/09/2011.2
(2)
(3)
(1)
(2)
NPDES Permit Standard Conditions
Page 5 of 18
Sex crabilitv
The provisions of this permit are severable. If any provision of this permit, or the application of any provision of
this permit to any circumstances, is held invalid, the application of such pro\ ision to other circumstances, and the
remainder of this permit, shall not be affected thereby [NCOS 150B-23].
Duh 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 Pcnnittee shall also furnish to the Permit
Issuing Authority upon request, copies of records required by this permit [40 CFR 122.41(h)],
Diitx to Reapply
If the Permittee wishes to continue an actix ity regulated by this permit after the expiration date of this permit, the
Permittee must apply for and obtain a new permit [40 CFR 122.41(b)],
Expiration of Permit
The Pcnnittee is not authorized to discharge after the expiration dale. 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 pennits no later than 180 days prior to the expiration date unless permission for a
later date has been granted by the Director. (The Director shall not grant permission for applications to be
submitted later than the expiration date of the existing pennit.) [40 CFR 122.21(d)] Any Permittee that has not
requested renewal at least 180 days prior to expiration, or any Pcnnittee 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 el. scq.
Signatory Requirements
All applications, reports, or information submitted to the Permit Issuing Authority shall be signed and certified [40
CFR 122.41(k)J.
All permit applications shall be signed as follows:
For a corporation: by a responsible corporate officer. For the purpose of this Section, a responsible
coiporate officer means: (a) a president, secretary, treasurer or vice president of the corporation in charge
of a principal business function, or any other person who performs similar policy or decision making
functions for the corporation, or (b) the manager of one or more manufacturing, production, or operating
facilities, provided, the manager is authorized to make management decisions which govern the operation
of the regulated facility including having the explicit or implicit duty of making major capital investment
recommendations, and initialing and directing other comprehensive measures to assure long term
en\ironmental compliance with environmental laws and regulations: the manager can ensure that the
necessary systems arc established or actions taken to gather complete and accurate information for permit
application requirements; and where authority to sign documents has been assigned or delegated to the
manager in accordance with coiporate procedures .
For a partnership or sole proprietorship: by a general partner or the proprietor, respectively; or
For a municipality. State. Federal, or other public agency: by cither a principal executive officer or
ranking elected official [40 CFR 122.22],
All reports required by the permit and other information requested by the Permit Issuing Authority shall be
signed by a person described in paragraph a. abo\ e or by a duly authorized representative of that person. A
person is a duly authorized representative only if:
The authorization is made in writing by a person described above;
The authorization specified cither an individual or a position hav ing 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 indix idual or position having overall
responsibility for environmental matters for the company. (A duly authorized representative may thus be
cither a named individual or any individual occupying a named position.); and
The written authorization is submitted to the Permit Issuing Authority [40 CFR 122.22]
c.
d.
Section C. Operation and .Maintenance of Pollution Controls
a.
b.
c.
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Page 6 of 18
Changes to authorization: If an authorization under paragraph (b) of this section is no longer accurate because
a different individual or position has responsibility for the overall operation of the facility, a new authorization
satisfying the requirements of paragraph (b) of this section must be submitted to the Director prior to or
together with any reports, information, or applications to be signed by an authorized representative 140 CFR
122.22]
Certification. Any person signing a document under paragraphs a. or b. of this section shall make the following
certification [40 CFR 122.22], NO OTHER STATEMENTS OF CERTIFICATION WILL BE ACCEPTED:
"I certify, under penally of law. that this document and all attachments were prepared under my direction or
supervision in accordance with a system designed to assure that cpialified personnel properly gather and
evaluate the information submitted. Bused on my inquiry of the person or persons who manage the system, or
those persons directly responsible for gathering the in formation, the information submitted is, to the best of my
knowledge and belief true, accurate, and complete, lam aware that there are significant penalties for
submilling false information, including the possibility of fines and imprisonment for knowing violations. "
12. Permit Actions
This permit may be modified, revoked and reissued, or tenninated for cause. The filing of a request by the
Permittee for a permit modification, revocation and reissuance, or termination, or a notification of planned changes
or anticipated noncompliance does not stay any permit condition [40 CFR 122.41(f)],
13. Permit Modification, Revocation and Reissuancc, or Tcnnination
The issuance of this permit docs not prohibit the permit issuing authority from reopening and modifying the pennit,
revoking and reissuing the permit, or terminating the permit as allowed by the laws, rules, and regulations
contained in Title 40. Code of Federal Regulations. Parts 122 and 123: Title 15A of the North Carolina
Administrative Code. Subchapter 02H .0100; and North Carolina General Statute 143.215.1 et. al.
14. Annual Administerinu and Compliance Monitoring Fee Requirements
The Permittee must pay the annual administering and compliance monitoring fee within thirty days after being
billed by the Division. Failure to pay the fee in a timely manner in accordance with 15A NCAC 02H .0105(b)(2)
may cause this Di\ ision to initiate action to revoke the pcnnil.
1. Certified Operator
Owners of classified water pollution control systems must designate operators, certified by the Water Pollution
Control System Operators Certification Commission (WPCSOCC), of the appropriate type and grade for the
system, and, for each classification must [T15A NCAC 08G .0201 ]:
designate one Operator In Responsible Charge (ORC) who possesses a valid certificate of the type and grade at
least equivalent to the type and grade of the system;
designate one or more Back-up Operator(s) in Responsible Charge (Back-up ORCs) who possesses a valid
certificate of the type of the system and no more than one grade less than the grade of the system, with the
exception of no backup operator in responsible charge is required for systems whose minimum visitation
requirements are twice per year; and
submit a signed completed "Water Pollution Control System Operator Designation Form" to the Commission
(or to the local health department for owners of subsurface systems) countersigned by the designated certified
operators, designating the Operator in Responsible Charge (ORC) and the Back-up Operator in Responsible
Charge (Back-up ORC):
(1) 60 calendar days prior to wastewater or residuals being introduced into a new system: or
(2) within 120 calendar days following:
r recei\ ing notification of a change in the classification of the system requiring the designation of a new
Operator in Responsible Charge (ORC) and Back-up Operator in Responsible Charge (Back-up ORC)
of the proper type and grade; or
r- a vacancy in the position of Operator in Responsible Charge (ORC) or Back-up Operator in
Responsible Charge (Back-up ORC).
3.
4.
b.
c.
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Page 7 of 18
Need to Halt or Reduce not a Defense
Il shall not be a defense for a Pennittec in an enforcement action that it would have been necessary to halt or
reduce the permitted activity in order to maintain compliance w ith the condition of this pennit [40 CFR 122.41(c)].
Bvpassinu of Treatment Facilities
a.
(3) w ithin seven calendar days of vacancies in both ORC and Back-up ORC positions replacing or designating
at least one of the responsibilities.
The ORC of each Class I facility (or the Back-up ORC. when acting as surrogate for the ORC) must:
x Visit the facility as often as is necessary to insure proper operation of the treatment system; the treatment
facility must be visited al least weekly
r- Comply with all other conditions of 15A NCAC 08G .0204.
The ORC of each Class II. Ill and IV facility (or the Back-up ORC, when acting as surrogate for the ORC) must:
> Visit the facility as often as is necessary to insure proper operation of the treatment system; the treatment
facility must be visited at least five days per week, excluding holidays
r Properly manage and document daily operation and maintenance of the facility
Comply w ith all other conditions of 15A NCAC 08G .0204.
2. Proper Operation and Maintenance
The Pennitlee shall al all limes properly operate and maintain all facilities and systems of treatment and control
(and related appurtenances) which are installed or used by the Pennitiec 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 Pcnniltec to install and operate backup or auxiliary facilities only
w hen necessary to achieve compliance with the conditions of the permit [40 CFR 122.41(e)],
NOTE: Properly and officially designated operators are fully responsible for all proper operation and maintenance
of the facility, and all documentation required thereof, w hether acting as a contract operator | subcontractor] or a
member of the Permittee’s staff.
Bypass not exceeding limitations (40 CFR 122.41(m )(2)|
The Permittee may allow any bypass to occur which does not cause effluent limitations to be exceeded, but
only if it also is for essential maintenance to assure efficient operation. These bypasses are not subject to the
pro\ isions of Paragraphs b. and c. of this section.
Notice [40 CFR 122.4l(m)(3)|
(1) Anticipated bypass. If the Permittee knows in advance of the need for a bypass, it shall submit prior notice,
if possible at least ten days before the date of the bypass; including an evaluation of the anticipated quality
and effect of the bypass.
(2) Unanticipated bypass. The Permittee shall submit notice of an unanticipated bypass as required in Part
II.E.6. (24-hour notice).
Prohibition of Bypass
(1) Bypass from the treatment facility is prohibited and the Pcmiit 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 properly 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 doyvntime or preventive maintenance: and
(C) The Permittee submitted notices as required under Paragraph b. of this section.
(2) Bypass from the collection system is prohibited and the Permit Issuing Authority may lake enforcement
action against a Permittee for a bypass as provided in any current or future system-wide collection system
pennit associated with the treatment facility.
5.
b.
c.
6.
7
Section D. .Monitoring and Records
I.
2
Version 11/09/2011.2
(3) The Permit Issuing Authority may approve an anticipated bypass, after considering its adverse effects, if
the Permit Issuing Authority determines that it will meet the three conditions listed above in Paragraph c.
(1) of this section.
NPDES Pennit Standard Conditions
Page 8 of 18
Representative Sampling
Samples collected and measurements taken, as required herein, shall be representative of the permitted discharge.
Samples collected al a frequency less than daily shall be taken on a day and time that is representative of the
discharge for the period the sample represents. AH samples shall be taken al the monitoring points specified in this
pennit and, unless otherwise specified, before the effluent joins or is diluted by any other wastestream, body of
water, or substance. Monitoring points shall not be changed without notification to and the approval of the Permit
Issuing Authority [40 CFR 122.4l(j)|.
Reporting
Monitoring results obtained during the previous monlh(s) shall be summari/cd for each month and reported on a
monthly Discharge Monitoring Report (DMR) Form (MR 1, 1.1,2. 3) or alternative forms approved by the
Director, postmarked no later than the last calendar day of the month following the completed reporting period.
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:
I psets
a.Effect of an upset [40 CFR 122.4 l(n )(2)J: An upset constitutes an affirmative defense to an action brought for
noncompliance with such technology based permit effluent limitations if the requirements of paragraph b. of
this condition arc met. No detennination 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.
Conditions necessary for a demonstration of upset: Any Permittee who wishes to establish the affirmative
defense of upset shall demonstrate, through properly signed, contemporaneous operating logs, or other relevant
evidence that:
(1) An upset occurred and that the Permittee can identify the causc(s) of the upset;
(2) The Permittee facility was at the lime being properly operated; and
(3) The Permittee submitted notice of the upset as required in Part H.E.6.(b) of this permit.
(4) The Permittee complied with any remedial measures required under Part I1.B.2. of this permit.
Burden of proof [40 CFR 122.4l(n)(4)[: The Pennitlee seeking to establish the occurrence of an upset has
the burden of proof in any enforcement proceeding.
Remox ed Substances
Solids, sludges, filter backwash, or other pollutants removed in the course of treatment or control of wastewaters
shall be utili/ed/disposed of in accordance with NCOS 143-215.1 and in a manner such as to prevent any pollutant
from such materials from entering walers of the Stale or navigable waters of the United Stales except as permitted
by the Commission. The Permittee shall comply with all applicable state and Federal regulations go\ erning the
disposal of sewage sludge, including 40 CFR 503. Standards for the Use and Disposal of Sewage Sludge; 40 CFR
Part 258. Criteria For Municipal Solid Waste Landfills; and 15A NCAC Subchapter 2T. Waste Not Discharged To
Surface Waters. The Permittee shall notify the Permit Issuing Authority of any significant change in its sludge use
or disposal practices.
Power Failures
The Permittee is responsible for maintaining adequate safeguards (as required by 15A NCAC 02H .0124) to
prevent the discharge of untreated or inadequately treated wastes during electrical power failures either by means
of alternate power sources, standby generators or retention of inadequately treated effluent.