NC0026051_Final Permit_20020522

I
May 22, 2002
Dear Mr. Hill:
The following items appear in this FINAL permit:
Division staff have reviewed and approved your application for an NPDES discharge permit.
Accordingly, the Division is forwarding the subject 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 May 9, 1994 (or as
subsequently amended).
Subject: Issuance of NPDES Permit NC0026051
Durham County Triangle WWTP
Durham County
Michael F. Easley
Governor
William G. Ross. Jr., Secretary
North Carolina Department of Environment and Natural Resources
Gregory J. Thorpe. Ph.D., Acting Director
Division of Water Quality
NCDENR
Permit Additions
• Addition of a 12 MGD phased effluent sheet, which will become effective upon receipt of the
Engineer's Certificate of construction completion to 12 MGD.
• Addition of an annual Total Phosphorus (TP) mass limit of 10,204 pounds for the phased 12 MGD
flow, based on freezing actual current TP loading to Lake Jordan due to evidence of nutrient
enrichment. At 12 MGD, this load translates to an average TP concentration of 0.28 mg/L, and
represents a 50% reduction from current permitted loading. Currently, this facility must comply
with a TP concentration limit of 0.5 mg/L (summer) and 2 mg/L (winter).
• Addition of an annual Total Nitrogen (TN) mass limit of 100,452 pounds to both the 6 MGD and
12 MGD flows based on HB 515 requirements. This TN limit was originally scheduled in the draft
permit to become effective with the calendar year beginning January 1, 2003. However, based on
permit delays and the anticipated construction upgrade schedule, a two-year compliance
schedule has been included in this final permit, which will delay the TN mass limit until calendar
year 2005. This compliance schedule was based on the anticipated Phase II construction
completion date of end of 2004 for the biological nutrient removal system. TN monitoring has
also been changed from monthly to weekly. At 12 MGD, this load translates to an average TN
concentration of 2.75 mg/L. This mass limit represents a 49% reduction from current actual TN
loading, and a 69% reduction from current permitted loading (assuming an average TN effluent
concentration of 18 mg/L).
• Addition of a 250 mg/L limit and weekly monitoring for chloride, based on reasonable potential to
exceed the NC water quality standard for water-supply waters. The permittee commented on this
item in the draft permit, requesting that the chloride limit be raised or eliminated in the final.
The chloride limit is retained in this final without change, since there is no basis to remove it. It
is recommended that the facility investigate potential sources of chloride to the WWTP if levels
start approaching the permit limit. Based on the chemical formulation of sodium aluminate
(NaAlO2), it does not appear that use of this chemical for phosphorus precipitation would add
chloride to the treatment system.
• Addition of a Total Residual Chlorine (TRC) limit of 17 gg/L for the 12 MGD flow, based on the
NPDES TRC permitting policy. Please note that monitoring and/or limits for TRC and chlorine
byproducts are applicable only if chlorine is added to the treatment system. The permittee has
N. C. Division of Water Quality / NPDES Unit Phone: [phone]
1617 Mail Service Center, Raleigh, NC 27699-1617 fax: [phone]
Internet: h2o.enr.state.nc.us DENR Customer Service Center 1 800 623-7748
__ IS
Mr. Chuck Hill, Utility Division Manager
Durham County
120 Parrish Street, Law Bldg.
Durham, North Carolina 27701
I
J
Issuance of NPDES Permit NC0026051
Durham County Triangle WWTP
Page 2
stated that the facility will switch to UV disinfection, which should reduce the future use of
chlorine.
• Subsequent to the draft permit, the permittee requested the option to reuse a small portion of the
treated wastewater effluent for onsite internal uses (e.g., toilets, HVAC, vehicle wash) to conserve
water. The Division supports these reuse efforts, and this final permit provides for a reuse
option. Specific requirements associated with onsite reuse of effluent have been added in Special
Condition A. (6).
• Subsequent to the draft permit, the US EPA commented that the final permit should have a
weekly average limit for ammonia in addition to the monthly average limit. In this final permit,
the Division has added Special Condition A. (7) (Ammonia Reopener) to address the EPA concern.
The reopener will be exercised (and a weekly average limit will be added) if a reasonable potential
analysis shows ammonia to exceed allowable concentrations. Otherwise, the weekly average limit
will be added at the next permit renewal.
• Although the previous mercury limit was deleted in the draft permit based on lack of reasonable
potential to exceed the water quality standard, a daily maximum mercury limit of 0.012 gg/L has
been added back to this final permit. This addition is based on recent mercury detections that
show reasonable potential. Since the receiving stream has a summer 7Q10 flow = 0 cfs, there is
no dilution factor used to calculate the mercury limit, hence the limit equals the water quality
standard of 0.012 gg/L. Subsequent to the draft permit, the Division also negotiated an
agreement with US EPA to require NPDES facilities to start using a new mercury laboratory
method when analyzing for mercury. The most commonly used laboratory method (EPA Method
245.1) has a detection limit of 0.2 gg/L, which is an order of magnitude higher than the water
quality standard. A more sensitive lab method (EPA Method 1631) was recently approved by EPA
and should produce a detection limit below the water quality standard, which will allow the
Division to assess potential water quality impacts from discharges more accurately. Therefore,
beginning on or before September 1, 2003, you will be required to begin using EPA Method 1631
when analyzing for mercury. Please note that effluent limits and monitoring may be reduced or
deleted in the future upon written notification of the Division, if the permittee provides updated
effluent data (recommended one-year period) that shows no reasonable potential to exceed the
water quality standard.
Permit Deletions
• Deletion of limits and weekly monitoring for methylene chloride and 1,2-Dichloroethane, based
on lack of reasonable potential to exceed EPA criteria.
• Deletion of limit for chloroform, and change in monitoring from weekly to 2/Month. There was
no reasonable potential to exceed EPA criteria, but chloroform was detected in 46 of 57 samples
and therefore monitoring is retained.
• Following the draft permit, the permittee requested that limits for bromodichloromethane and
dibromodichloromethane be eliminated in lieu of the TRC limit. This request is denied, since the
limits are based on different protection criteria (TRC is protective of aquatic life, while the other
limits are protective of human health). Please note that these limits and monitoring are
applicable only when chlorine is added to the treatment system, and may not be applicable when
the facility converts to UV disinfection.
• Deletion of 2/Month monitoring for toluene, based on the lack of reasonable potential to exceed
NC water quality standards. Toluene was not detected in 57 samples.
• Deletion of limits and daily monitoring for lead, nickel, and cyanide, based on lack of reasonable
potential to exceed NC water quality standards. Effluent monitoring for these parameters will
continue quarterly under the Pretreatment LTMP program.
Miscellaneous
• Change the limit for bromodichloromethane from 0.85 gg/L to 1.8 gg/L, based on updated EPA
human health criteria. Monitoring is maintained at a weekly basis.
• The instream monitoring requirements have been waived as long as the permittee retains
membership in the Upper Cape Fear River Basin Association (UCFRBA), which contracts out the
instream monitoring requirements for the upper basin members.
• The boilerplate language requires the permittee to continually evaluate wastewater disposal
alternatives. It is recommended that Durham County continue to explore reuse options with
1
Gregory J. Thorpe, Ph.D.
each new high water use facility, including expansions of existing facilities. Annual mass limits
for TN should provide operational flexibility and allow consideration of reuse as a viable option.
• Please note that this facility discharges to Northeast Creek, which is listed as impaired water
(Partially Supporting) in the Draft 2000 303(d) list due to fecal coliform bacteria, and a fecal
TMDL is in preparation. It is the plan of the Division to work for the improvement and recovery
of the waterbody. If there is noncompliance with permitted effluent limits and degradation of the
creek can be attributed to this point source, then mitigative measures may be necessary.
Issuance
Durham County Triangle WWTP
Page 3
If you have any questions concerning this permit, please contact Tom Belnick at telephone number
[phone], extension 543.
cc: Central Files
NPDES Unit
Marshall Hyatt, EPA Region 4
Raleigh Regional Office, Water Quality
Point Source Compliance Enforcement Unit
Technical Assistance & Certification Unit
Aquatic Toxicology Unit
* DES Permit NC0026051
^SftALSieNEDBf
BILL REID
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 a demand is made, this permit shall be final and binding.
Please take notice that this permit is not transferable except after notice to the Division. The
Division may require modification or revocation and reissuance of the permit. This permit does not
affect the legal requirements to obtain other permits which may be required by the Division of Water
Quality, the Division of Land Resources, the Coastal Area Management Act, or any other federal or
local governmental permit.
1 Permit NC0026051
PERMIT
TO DISCHARGE WASTEWATER UNDER THE
NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM
Durham County
is hereby authorized to discharge wastewater from a facility located at the
The permit shall become effective July 1, 2002.
This permit and the authorization to discharge shall expire at midnight on April 30, 2006.
Signed this day May 22, 2002.
to receiving waters designated as Northeast Creek in the Cape Fear River Basin in accordance
with effluent limitations, monitoring requirements, and other conditions set forth in Parts I, II,
III, and IV hereof.
STATE OF NORTH CAROLINA
DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES
DIVISION OF WATER QUALITY
Gregory J. Thorpe, Ph.D.
Division of Water Quality
By Authority of the Environmental Management Commission
In compliance with the provision of North Carolina General Statute 143-215.1, other lawful
standards and regulations promulgated and adopted by the North Carolina Environmental
Management Commission, and the Federal Water Pollution Control Act, as amended.
Durham County Triangle WWTP
5926 NC Highway 55
Durham County
ORIGINAL SIGNED BY
BILL REID
Permit NC0026051
r
SUPPLEMENT TO PERMIT COVER SHEET
Durham County is hereby authorized to:
Mechanical bar screen
Mechanical grit removal
Parshall flume
Influent pump station
Dual train extended aeration basins
Chemical phosphorus removal
Dual secondary clarifiers
Tertiary filters
Chlorine gas disinfection
Sludge lagoons
1. Continue to operate the existing 6.0 MGD wastewater treatment facility located
south of Durham at the Durham County Triangle WWTP off NC Highway 55 in
Durham County. The facility includes the following treatment components:
2. After receiving an Authorization to Construct from the Division, construct and
operate an expansion to a 12.0 MGD wastewater treatment system. This
upgrade/expansion will include a biological nutrient removal system and an onsite
wastewater reuse system which will return a small portion of treated effluent back
to the new Administration/Laboratory Building for internal uses; and
3. Discharge from said treatment works (via Outfall 001) into Northeast Creek, a
Class WS-IV NSW water in the Cape Fear River Basin, at the location specified on
the attached map.
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Latitude:
Longitude:
(JSGS Quad #:
River Basin #:
Receiving Stream:
Stream Class:
MR/
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Durham County
Triangle WWTP ■
NC0026051
oV300''
<2’.\
35° 52'51" |k|T
78° 53' 50" 1^1 I
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03-06-05
Northeast Creek
WS-IV NSW
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MONITORING REQUIREMENTSEFFLUENT LIMITATIONS
Sample Location
Influent or Effluent6.0 MGD RecordingContinuous
Influent and Effluent5.0 mg/L 7.5 mg/L Dally Composite
Influent and Effluent15.0 mg/L10.0 mg/L CompositeDally
30.0 mg/L 45.0 mg/L Influent and EffluentDailyComposite
EffluentComposite2Dally1.0 mg/L
EffluentDailyComposite21.8 mg/L
EffluentGrabDallyTotal Residual Chlorine3
EffluentGrab2/MonthChloroform3
EffluentGrabWeeklyBromodlchloromethane31.8 gg/L
EffluentWeeklyGrab1.3gg/L
EffluentGrabDaily200/100 ml 400/100 ml
Grab EffluentDailyDissolved Oxygen4
EffluentGrabDailyTemperature
EffluentGrab
EffluentCompositeWeekly0.5 mg/L7
EffluentWeeklyComposite2.0 mg/L7
EffluentQuarterlyCompositeChronic Toxicity8
Composite9 Effluent0.012 gg/L WeeklyTotal Mercury9
EffluentMonthlyCompositeTotal Copper
EffluentMonthlyCompositeTotal Zinc
Effluent250 mg/L Weekly CompositeChloride
1.
7.
There shall be no discharge of floating solids or visible foam in other than trace amounts.
Permit NC0026051
A. (1) EFFLUENT LIMTATIONS AND MONITORING REQUIREMENTS (6.0 MGD)
Total Suspended Solids1
NH3 as N
(April 1 - October 31)
NH3 as N
(November 1 - March 31)
2.
3.
4.
5.
6.
8.
9.
EFFLUENT
CHARACTERISTICS
Monthly
Average
Weekly
Average
Measurement
Frequency
Composite
Calculated
Calculate
Sample
Type
Effluent
Effluent
Effluent
No Limit (mg/L)
No Limit (pounds/month)
Annual Limit 100,452 pounds/year6
Daily
Maximum
Dlbromochloromethane3
Fecal Coliform
(geometric mean)
pH5
Total Nitrogen
(NO2 + NO3 + TKN)6
Total Phosphorus
(April 1 - October 31)7
Total Phosphorus
(November 1 - March 31)7
Dally
Weekly
Monthly
Annual
Flow
BOD, 5-day. 20°C
(April 1 - October 31)1
BOD, 5-day, 20°C
(November 1 - March 31)*
Notes:
The monthly average effluent BODS and TSS concentrations shall not exceed 15% of the respective influent value (85%
removal).
Ammonia weekly average limit to be developed at a later date. Refer to Special Condition A (7).
Limit and/or monitoring applies only when chlorine added to treatment system.
The dally effluent dissolved oxygen concentraUon shall not be less than 6.0 mg/L.
The pH shall not be less than 6.0 standard units nor greater than 9.0 standard units.
Refer to Special Condition A (4) for Total Nitrogen Loading Calculation. The TN annual mass limit becomes effective with
the calendar year beginning January 1, 2005.
Compliance shall be based on a quarterly average of weekly samples. Winter Quarters = Jan-Mar. and Oct.-Dec., while
Summer Quarters = Apr.-June and July-Sept.
Chronic Toxicity (Ceriodaphnia) at 90%: Feb., May. Aug., and Nov.; refer to Special Condition A (5).
Mercury samples subject to EPA Method 1631 analysis (beginning 9/1/03) shall be collected as single grab samples.
Beginning on the efTective date of this permit and lasting until expiration or expansion beyond 6.0 MGD, the
Permittee is authorized to discharge treated wastewater from Outfall 001. Such discharges shall be limited and
monitored by the Permittee as specified below:
r
Permit NC0026051
A (5)QUARTERLY CHRONIC TOXICITY PERMIT LIMIT
6.0 MOD and 12.0 MOD
The effluent discharge shall at no time exhibit observable inhibition of reproduction or
significant mortality to Ceriodaphnia dubia at an effluent concentration of 90%.
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 February, May, August, and November. Effluent sampling for
this testing shall be performed at the NPDES permitted final effluent discharge below all
treatment processes.
If the test procedure performed as the first test of any single quarter results in a failure or ChV
below the permit limit, then multiple-concentration testing shall be performed at a minimum,
in each of the two following months as described in “North Carolina Phase II Chronic Whole
Effluent Toxicity Test Procedure” (Revised-February 1998) or subsequent versions.
The chronic value for multiple concentration tests will be determined using the geometric mean
of the highest concentration having no detectable impairment of reproduction or survival and
the lowest concentration that does have a detectable impairment of reproduction or survival.
The definition of “detectable impairment," collection methods, exposure regimes, and further
statistical methods are specified in the “North Carolina Phase II Chronic Whole Effluent Toxicity
Test Procedure" (Revised-February 1998) or subsequent versions.
All toxicity testing results required as part of this permit condition will be entered on the
Effluent Discharge Monitoring Form (MR-1) for the months in which tests were performed,
using the parameter code TGP3B for the pass/fail results and THP3B for the Chronic Value.
Additionally, DWQ Form AT-3 (original) is to be sent to the following address:
Attention: NC DENR / DWQ / Environmental Sciences Branch
1621 Mail Service Center
Raleigh. North Carolina 27699-1621
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.
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 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.
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.
Permit NC0026051
A. (6) REUSE OF TREATMENT PLANT EFFLUENT
The effluent from the Durham County Triangle WWTP is authorized for onsite reuse subject to
the following conditions:
■ The reuse water will be used onsite, within the fenced perimeter of the wastewater
treatment plant with controlled public access, and for very specific internal uses (i.e.,
restrooms, HVAC system, and vehicle washdown).
• The reuse water will be used by plant personnel who are trained and knowledgeable about
reuse water.
■ An RPZ device will be required onsite to protect the potable water supply.
■ A water meter will be installed on the reuse line to monitor usage.
■ No runoff shall occur from the vehicle washdown area.
■ Reuse piping valves will be properly labeled and locking.
A. (7) AMMONIA REOPENER
The Division may re-open this permit to require weekly average limits for ammonia. After
calculating allowable concentrations, the Division will perform an analysis of past ammonia
data to determine if there is a reasonable potential for this discharge to exceed these potential
limits. If there is reasonable potential, this permit will be re-opened and weekly average limits
added. If there is not reasonable potential, the permit will not be re-opened, but will contain
weekly average limits for ammonia upon renewal.
Permit NC0026051
A. (2) EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS (12.0 MGD)
EFFLUENT LIMITATIONS MONITORING REQUIREMENTS
12.0 MGD RecordingContinuous
5.0 mg/L 7.5 mg/L Daily Composite
15.0 mg/L10.0 mg/L Daily Composite
45.0 mg/L30.0 mg/L Daily CompositeTotal Suspended Solids1
2 EffluentDailyComposite1.0 mg/L
Effluent2DailyComposite1.8 mg/L
EffluentTotal Residual Chlorine3 17 Mg/L Daily Grab
2/Month Grab EffluentChloroform3
Grab EffluentBromodichloromethane31.8 Mg/L Weekly
Weekly Grab Effluent1.3 Mg/L
Grab Effluent200/100 ml 400/100 ml Daily
Dally Grab EffluentDissolved Oxygen4
Grab EffluentDallyTemperature
GrabpH5
Total Nitrogen
(NO2+NO3+TKN)6
Total Phosphorus6
EffluentQuarterlyCompositeChronic Toxicity7
Composite8 Effluent0.012 Mg/L WeeklyTotal Mercury8
EffluentMonthlyCompositeTotal Copper
EffluentMonthlyCompositeTotal Zinc
Effluent250 mg/L Weekly CompositeChloride
1.
There shall be no discharge of floating solids or visible foam in other than trace amounts.
Beginning upon expansion above 6.0 MGD and lasting until expiration, the Permittee is authorized to discharge
treated wastewater from Outfall 001. Such discharges shall be limited and monitored by the Permittee as
specified below:
2.
3.
4.
5.
6.
EFFLUENT
CHARACTERISTICS Monthly
Average
Weekly
Average
Measurement
Frequency
Influent and
Effluent
Influent and
Effluent
Sample
Location1
7.
8.
Daily
Maximum
Sample
Type
NHa as N (April I- October 31)
NH3 as N
(November 1 - March 31)
Dibromochloromethane3
Fecal Coliform
(geometric mean)
Daily
Weekly
Monthly
Annually
Weekly
Monthly
Annually
Composite
Calculated
Calculated
Composite
Calculated
Calculated
Influent or
Effluent
Influent and
Effluent
Effluent
Effluent
Effluent
Effluent
Effluent
Effluent
Effluent
No Limit (mg/L)
No Limit (pounds/month)
Annual Limit: 100.452 pounds/year6
No Limit (mg/L)
No Limit (pounds/month)
Annual Limit: 10,204 pounds/year6
Flow
BOD.5-day, 20°C
(April 1- October 31)1
BOD.5-day. 20°C
(November 1 - March 31)1
Notes:
The monthly average effluent BODS and TSS concentrations shall not exceed 15% of the respective influent value (85%
removal).
Ammonia weekly average limit to be developed at a later date: refer to Special Condition A (7).
Limit and/or monitoring applies only when chlorine added to treatment system.
The daily effluent dissolved oxygen concentration shall not be less than 6.0 mg/L.
The pH shall not be less than 6.0 standard units nor greater than 9.0 standard units.
Refer to Special Condition A (4) for Total Nitrogen and Total Phosphorus Loading Calculations. The TN and TP annual
mass limits become effective with the calendar year beginning January 1, 2005.
Chronic Toxicity (Ceriodaphnia) at 90%; Feb.. May. Aug., and Nov.; refer to Special Condition A (5).
Mercury samples subject to EPA Method 1631 analysis (beginning 9/1/03) shall be collected as single grab samples.
Permit NC0026051
SUPPLEMENT TO EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS
SPECIAL CONDITIONS
A. (3) INSTREAM MONITORING REQUIREMENTS
MONITORING REQUIREMENTS
Sample Location2Sample Type
Grab3/Week3Dissolved Oxygen
Grab3/Week3
Grab3/Week3
Grab3/Week3
Grab
Grab
Grab
GrabTKN
GrabNO2 + NO3
GrabNHa as N
2.
A. (4) TOTAL NITROGEN and TOTAL PHOSPHORUS LOADING CALCULATIONS
TN (or TP)
Beginning upon the permit effective date and lasting until expiration, the Permittee shall monitor instream
conditions as specified below1:
The Permittee shall calculate and report the annual mass loading of total nitrogen (TN) and total phosphorus (TP)
as the sum of monthly loadings, according to the following equations:
INSTREAM
CHARACTERISTICS
= The average total nitrogen (or total phosphorus) concentration (mg/L) of the weekly
composite samples collected during the month
= The total wastewater flow discharged during the month (MG/month)
= Conversion factor, from (mg/L x MG) to pounds
Measurement
Frequency
(1) Monthly Mass Loading (pounds/month) = TN (or TP) xQx 8.34
where:
9
8.34
Temperature
Conductivity
Fecal coliform
3/Week4
Weekly4
Weekly4
Weekly4
Weekly4
Weekly4
Upstream, DI, D2
Upstream. DI. D2
Upstream. DI, D2
Upstream, D1, D2
Upstream, DI, D2
Upstream. DI, D2
Upstream, DI. D2
Upstream, DI, D2
Upstream, DI, D2
Upstream, DI, D2
PH______________
Total Phosphorus
PO4
Notes:
1. As a participant in the Upper Cape Fear River Basin Association, the instream monitoring requirements as
stated above are waived. Should your membership in the association be terminated, you shall notify the
Division immediately and the instream monitoring requirements specified in your permit shall be reinstated.
Upstream = at NCSR 1102. DI = Downstream at NCSR 1100. D2 = Downstream at NCSR 1732.
3. Samples shall be collected 3/Week during June-September and Weekly during October-May.
4. Samples shall be collected during June-September only.
(2) Annual Mass Loading (pounds/yr) = Sum of Monthly Mass Loadings for the calendar year
The Permittee shall report the total nitrogen and total phosphorus concentrations for each sample and the
monthly mass loading in the appropriate monthly self-monitoring report, and the annual mass loading of
total nitrogen and total phosphorus in the December self-monitoring report for the year. TN and TP loading
calculations are required with the calendar year beginning January 1, 2005.
I
Section B. Schedule of Compliance
1.
2.
3.
The permittee shall
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)
comply with Final Effluent Limitations specified for discharges in accordance with
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 Natural
3.EMC
4. Act or "the Act"
5. Mass/Day Measurements
a.
c.
d.
6.Concentration Measurement
a.
The Federal Water Pollution Control Act, also known as the Clean Water Act, as amended,
33 USC 1251, et. seq.
PART II
STANDARD CONDITIONS FOR NPDES PERMITS
Used herein means the North Carolina Environmental Management Commission.
2. DEM or “the Division”
Resources.
The "average annual discharge" is defined as the total mass of all daily discharges sampled and/or measured
during the calendar year on which daily discharges are sampled and measured, divided by the number of daily
discharges sampled and/or measured during such year. It is, therefore, an arithmetic mean found by adding
the weights of pollutants found each day of the year and then dividing this sum by the number of days the
tests were reported. This limitation is defined as "Annual Average" in Part I of the permit.
The "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.
b. The "weekly average discharge" is defined as the total mass of all daily discharges sampled and/or measured
during the calendar week (Sunday - Saturday) on which daily discharges are sampled and measured, divided
by the number of daily discharges sampled and/or measured during such week. It is, therefore, an arithmetic
mean found by adding the weights of pollutants found each day of the week and then dividing this sum by
the number of days the tests were reported. This limitation is identified as "Weekly Average" in Part I of the
permit.
The "maximum daily discharge" is the total mass (weight) of a pollutant discharged during a calendar day. If
only one sample is taken during any calendar day the weight of pollutant calculated from it is the "maximum
daily discharge." This limitation is identified as "Daily Maximum," in Part I of the permit.
The "monthly average discharge" is defined as the total mass of all daily discharges sampled and/or measured
during a calendar month on which daily discharges are sampled and measured, divided by the number of daily
discharges sampled and/or measured during such month. It is therefore, an arithmetic mean found by
adding the weights of the pollutant found each day of the month and then dividing this sum by the number
of days the tests were reported. The limitation is identified as "Monthly Average" in Part I of the permit.
c.
e.
f.
7. Other Measurements
a.
determined as the arithmetic
c.
8. Types of Samples
a.
Part II
Page 2 of 11
Flow, (MGD): The flow limit expressed in this permit is the 24 hours average flow, averaged monthly. It is
—-----------------------.1-------: mean of the total daily flows recorded during the calendar month.
g. A calendar quarter is defined as one of the following distinct periods: January through March, April through
June, July through September, and October through December.
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.
Composite Sample: A composite sample shall consist of:
(1) a series of grab samples collected at equal time intervals over a 24 hour period of discharge and
combined proportional to the rate of flow measured at the time of individual sample collection, or
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.
b. An instantaneous flow measurement" is a measure of flow taken at the time of sampling, when both the
sample and flow will be representative of the total discharge.
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.
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 are sampled
and measured divided by the number of daily discharges sampled and/or measured during such year
(arithmetic mean of the daily concentration values). The daily concentration value is equal to the
concentration of a composite sample or in the case of grab samples is the arithmetic mean (weighted by flow
value) of all the samples collected during that calendar day. The average yearly count for fecal coliform
bacteria is the geometric mean of the counts for samples collected during a calendar year. This limitation is
identified as "Annual Average" under "Other Limits" in Part I of the permit.
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.
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.
8. a. (2)
9.Calculation of Means
of any set of values is the summation of the individual values divideda
b.
c.
10. Calendar Day:
11. Hazardous Substance:
A toxic pollutant is any pollutant listed as toxic under Section 307(a)(1) of the Clean
SECTION B. GENERAL CONDITIONS
1.
A calendar day is defined as the period from midnight of one day until midnight of the next day.
However, for purposes of this permit, any consecutive 24-hour period that reasonably represents the calendar day
may be used for sampling.
Weighted by Flow Value: Weighted by flow value means the summation of each concentration times its
respective flow divided by the summation of the respective flows.
Part II
Page 3 of 11
greater than
per hour
Arithmetic Mean: The arithmetic mean
by the number of individual values.
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.
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).
12. Toxic Pollutant:
Water Act.
A hazardous substance means any substance designated under 40 CFR Part 116
pursuant to Section 311 of the Clean Water Act.
In accordance with (1) above, the time interval between influent grab samples shall be no
once per hour, and the time interval between effluent grab samples shall be no greater than once
except at wastewater treatment systems having a detention time of greater than 24 hours. In such cases,
effluent grab samples may be collected at time intervals evenly spaced over the 24-hour period which are
equal in number of hours to the detention time of the system in number of days. However, in no case
may the time interval between effluent grab samples be greater than six (6) hours nor the number of
samples less than four (4) during a 24-hour sampling period.
b. Grab Sample: Grab samples are individual samples collected over a period of time not exceeding 15 minutes;
the grab sample can be taken manually. Grab samples must be representative of the discharge or the
receiving waters.
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.
a. The permittee shall comply with effluent standards or prohibitions established under section 307(a) of the
Clean Water Act for toxic pollutants and with standards for sewage sludge use or disposal established under
section 405(d) of the Clean Water Act within the time provided in the regulations that establish these
standards or prohibitions or standards for sewage sludge use or disposal, even if the permit has not yet been
modified to incorporate the requirement.
c.
d. Any person may be assessed
2.
3.
6.
Part II
Page 4 of 11
Under state law, a civil penalty of not more than ten thousand dollars (510,000) 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]
or offshore physical structures or
5. 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.
Onshore or Offshore Construction
This permit does not authorize or approve the construction of any onshore
facilities or the undertaking of any work in any navigable waters.
an administrative penalty by the Administrator for violating section 301, 302,
306, 307, 308, 318, or 405 of the Act, or any permit condition or limitation implementing any of such
sections in a permit issued under section 402 of the Act. Administrative penalties for Class I violations are
not to exceed $10,000 per violation, with the maximum amount of any Class I penalty assessed not to exceed
$25,000. Penalties for Class 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.
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)]
4. Oil and Hazardous Substance LiabiUty
Nothing in this permit shall be construed to preclude the institution of any legal action or relieve the permittee
from any responsibilities, liabilities, or penalties to which the permittee is or may be subject to under NCGS 143-
215.75 et seq. or Section 311 of the Federal Act, 33 USG 1321. Furthermore, the permittee is responsible for
consequential damages, such as fish kills, even though the responsibility for effective compliance may be
temporarily suspended.
Civil and Criminal Liability
Except as provided in permit conditions on "Bypassing" (Part II, C-4) and "Power Failures" (Part II, C-7),
nothing in this permit shall be construed to relieve the permittee from any responsibilities, liabilities, or penalties
for noncompliance pursuant to 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.
7. 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.
c.
11. Signatory Requirements
All applications, reports, or information submitted to the Permit Issuing Authority shall be signed and certified.
Part II
Page 5 of 11
b. All reports required by the permit and other information requested by the Permit Issuing Authority shall be
or by a duly authorized representative of that person. A person is a duly
9. Duty to Reapply
If the permittee wishes to continue an activity regulated by this permit after the expiration date of this permit, the
permittee must apply for and obtain a new permit.
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
signed by a person described above
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.
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 et. seq.
All permit applications shall be signed as follows:
(1) For a corporation: by a responsible corporate officer. For the purpose of this Section, a responsible
corporate officer means: (a) a president, secretary, treasurer or vice president of the corporation in
charge of a principal business function, or any other person who performs similar policy or decision
making functions for the corporation, or (b) the manager of one or more manufacturing production or
operating facilities employing more than 250 persons or having gross annual sales or expenditures
exceeding 25 million (in second quarter 1980 dollars), if authority to sign documents has been assigned or
delegated to the manager in accordance with corporate procedures.
(2) For a partnership or sole proprietorship: by a general partner or the proprietor, respectively; or
(3) For a municipality. State, Federal, or other public agency: by either a principal executive officer or ranking
elected official.
Certification. Any person signing a document under paragraphs
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
Part II
Page 6 of 11
14. Previous Permits
All previous National Pollutant Discharge Elimination System Permits issued to this facility, whether for
operation or discharge, are hereby revoked by issuance of this permit. [The exclusive authority to operate this
facility arises under this permit. The authority' to operate the facility under previously issued permits bearing this
number is no longer effective. ] The conditions, requirements, terms, and provisions of this permit authorizing
discharge under the National Pollutant Discharge Elimination System govern discharges from this facility.
3. Need to Halt or Reduce not a Defense
It shall not be a defense for a permittee in an enforcement action that it would have been necessary to halt or
reduce the permitted activity in order to maintain compliance with the condition of this permit.
13. Permit Modification, Revocation and Reissuance, or Termination
The issuance of this permit does not prohibit the permit issuing authority from reopening and modifying the
permit, revoking and reissuing the permit, or terminating the permit as allowed by the laws, rules, and regulations
contained in Title 40, Code of Federal Regulations, Parts 122 and 123; Title 15A of the North Carolina
Administrative Code, Subchapter 2H .0100; and North Carolina General Statute 143-215.1 et. al.
2. Proper Operation and Maintenance
The permittee shall at all times properly operate and maintain all facilities and systems of treatment and control
(and related appurtenances) which are installed or used by the permittee to achieve compliance with the
conditions of this permit. Proper operation and maintenance also includes adequate laboratory controls and
appropriate quality assurance procedures. This provision requires the operation of back-up or auxiliary facilities
or similar systems which 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 15A NCAC Chapter 8G .0200. The ORC of the facility
must visit each Class I facility at least weekly and each Class II, III, and IV facility at least daily, excluding
weekends and holidays, and must properly manage and document daily operation and maintenance of the facility
and must comply with all other conditions of Title ISA, 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.
4. Bypassing of Treatment Facilities
a. Definitions
(1) "Bypass" means the known diversion of waste streams from any portion of a treatment facility including
the collection system, which is not a designed or established or operating mode for the facility.
(2) "Severe property damage" means substantial physical damage to property, damage to the treatment
facilities which causes them to become inoperable, or substantial and permanent loss of natural resources
which can reasonably be expected to occur in the absence of a bypass. Severe property damage does not
mean economic loss caused by delays in production.
c.
required in Part II,
a.
b. Effect of an upset:
d. Burden of proof:In any enforcement proceeding the permittee seeking to establish the occurrence of an
upset has the burden of proof.
Part II
Page 7 of 11
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
E. 6. of this permit. (24 hour notice).
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:
(2) The Permit Issuing Authority may approve an anticipated bypass, after considering its adverse affects, if
the Permit Issuing Authority determines that it will meet the three conditions listed above in Paragraph
d. (1) of this section.
An upset constitutes an affirmative defense to an action brought for noncompliance
with such technology based permit effluent limitations if the requirements of paragraph c. of this condition
are met. No determination made during administrative review of claims that noncompliance was caused by
upset, and before an action for noncompliance, is final administrative action subject to judicial review.
5. Upsets
Definition: "Upset" means an exceptional incident in which there is unintentional and temporary
noncompliance with technology based permit effluent limitations because of factors beyond the reasonable
control of the permittee. An upset does not include noncompliance to the extent caused by operational
error, improperly designed treatment facilities, inadequate treatment facilities, lack of preventive maintenance,
or careless or improper operation.
(1) An upset occurred and that the permittee can identify the cause(s) of the upset;
(2) The permittee facility was at the time being properly operated; and
(3) The permittee submitted notice of the upset as required in Part II, E. 6. (b) (B) of this permit.
(4) The permittee complied with any remedial measures required under Part II, B. 2. of this permit.
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.
(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
(Q The permittee submitted notices as required under Paragraph c. of this section.
d. Prohibition of Bypass
(1) Bypass is prohibited and the Permit Issuing Authority may take enforcement action against a permittee
for bypass, unless:
SECTION D. MONITORING AND RECORDS
Part II
Page 8 of 11
The first DMR is due on the last day of the month following the issuance of the permit or in the case of a new
facility, on the last day of the month following the commencement of discharge. Duplicate signed copies of
these, and all other reports required herein, shall be submitted to the following address:
NC DENR / Division of Water Quality / Water Quality Section
ATTENTION: Central Files
1617 Mail Service Center
Raleigh, North Carolina 27699-1617
7. Power Failures
The permittee is responsible for maintaining adequate safeguards as :
North Carolina Administrative Code, Subchapter 2H, .0124 Reliability,
inadequately treated wastes during electrical power failures either by
generators or retention of inadequately treated effluent.
required by DEM Regulation, Title 15A,
, to prevent the discharge of untreated or
means of alternate power sources, standby
1. Representative Sampling
Samples collected and measurements taken, as required herein, shall be characteristic of the volume and nature of
the permitted discharge. Samples collected at a frequency less than daily shall be taken on a day and time that is
characteristic of the discharge over the entire period which the sample represents. All samples shall be taken at
the monitoring points specified in this permit and, unless otherwise specified, before the effluent joins or is
diluted by any other wastestream, body of water, or substance. Monitoring points shall not be changed without
notification to and the approval of the Permit Issuing Authority.
2. Reporting
Monitoring results obtained during the previous month(s) shall be summarized for each month and reported on a
monthly Discharge Monitoring Report (DMR) Form (DEM No. MR 1, 1.1, 2, 3) or alternative forms approved by
the Director, DEM, postmarked no later than the 30th day following the completed reporting period.
3. Flow Measurements
Appropriate flow measurement devices and methods consistent with accepted scientific practices shall be selected
and used to ensure the accuracy and reliability of measurements of the volume of monitored discharges. The
devices shall be installed, calibrated and maintained to ensure that the accuracy of the measurements are
consistent with the accepted capability of that type of device. Devices selected shall be capable of measuring
flows with a maximum deviation of less than 10% from the true discharge rates throughout the range of expected
discharge volumes. Once-through condenser cooling water flow which is monitored by pump logs, or pump
hour meters as specified in Part I of this permit and based on the manufacturer's pump curves shall not be
subject to this requirement.
6. Removed Substances
Solids, sludges, filter backwash, or other pollutants removed in the course of treatment or control of wastewaters
shall be utilized/disposed of in accordance with NCGS 143-215.1 and in a manner such as to prevent any pollutant
from such materials from entering waters of the State or navigable waters of the United States. The permittee
shall comply with all existing federal regulations governing the disposal of sewage sludge. Upon promulgation of
40 CFR Part 503, any permit issued by the Permit Issuing Authority for the utilization/disposal of sludge may be
reopened and modified, or revoked and reissued, to incorporate applicable requirements at 40 CFR Part 503.
The permittee shah 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.
1
6.
a.
c.
Part II
Page 9 of 11
e.
f.
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.
7. Recording Results
For each measurement
the following information:
To meet the intent of the monitoring required by this permit, all test procedures must produce minimum
detection and reporting levels that are below the permit discharge requirements and all data generated must be
reported down to the minimum detection or lower reporting level of the procedure. If no approved methods are
determined capable of achieving minimum detection and reporting levels below permit discharge requirements,
then the most sensitive (method with the lowest possible detection and reporting level) approved method must
be used.
4. Test Procedures
Test procedures for the analysis of pollutants shall conform to the EMC regulations published pursuant to
NCGS 143-215.63 et. seq, the Water and Air Quality Reporting Acts, and to regulations published pursuant to
Section 304(g), 33 USC 1314, of the Federal Water Pollution Control Act, as Amended, and 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.
5. Penalties for Tampering
The Clean Water Act provides that any person who falsifies, tampers with, or knowingly renders inaccurate, any
monitoring device or method required to be maintained under this permit shall, upon conviction, be punished by
a fine of not more than $10,000 per violation, or by imprisonment for not more than two years per violation, or
by both. If a conviction of a person is for a violation committed after a first conviction of such person under this
paragraph, punishment is a fine of not more than $20,000 per day of violation, or by imprisonment of not more
than 4 years, or both.
8. Inspection and Entry
The permittee shall allow the Director, or an authorized representative (including an authorized contractor acting
as a representative of the Director), upon the presentation of credentials and other documents as may be required
by law, to;
Enter upon the permittee's premises where a regulated facility or activity is located or conducted, or where
records must be kept under the conditions of this permit;
b. Have access to and copy, at reasonable times, any records that must be kept under the conditions of this
permit;
Inspect at reasonable times any facilities, equipment (including monitoring and control equipment), practices,
or operations regulated or required under this permit; and
d. Sample or monitor at reasonable times, for the purposes of assuring permit compliance or as otherwise
authorized by the Clean Water Act, any substances or parameters at any location.
or sample taken pursuant to the requirements of this permit, the permittee shall record
a. The date, exact place, and time of sampling or measurements;
b. The individual(s) who performed the sampling or measurements;
c. The date(s) analyses were performed;
d. The individual(s) who performed the analyses;
The analytical techniques or methods used; and
The results of such analyses.
SECTION E REPORTING REQUIREMENTS
1.
a.
c.
4.
a.
c.
5. Monitoring Reports
Monitoring results shall be reported at the intervals specified elsewhere in this permit.
Part II
Page 10 of 11
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 OMR.
Calculations for all limitations which require averaging of measurements shall utilize an arithmetic mean
unless otherwise specified by the Director in the permit.
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.
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:
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
b. The alteration or addition could significantly change the nature or increase the quantity of pollutants
discharged. This notification applies to pollutants which are subject neither to effluent limitations in the
permit, nor to notification requirements under 40 CFR Part 122.42 (a) (1).
The alteration or addition results in a significant change in the permittee’s sludge use or disposal practices,
and such alternation, addition or change may justify the application of permit conditions that are different
from or absent in the existing permit, including notification of additional use or disposal sites not reported
during the permit application process or not reported pursuant to an approved land application plan.
Transfers
This permit is not transferable to any person except after notice to the Director. The Director may require
modification or revocation and reissuance of the permittee and incorporate such other requirements as may be
necessary under the Clean Water Act.
3. Anticipated Noncompliance
The permittee shall give advance notice to the Director of any planned changes in the permitted facility or activity
which may result in noncompliance with permit requirements.
6. Twenty-four Hour Reporting
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
6. b. The following shall be included
c.
7.
8.
a.
c.
by telephone shall also file a written report in letter form within 5 days
occurrence.
Part II
Page 11 of 11
as information which must be reported within 24 hours under this paragraph:
(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.
11. Penalties for Falsification of Reports
The Clean Water Act provides that any person who knowingly makes any false statement, representation, or
certification in any record or other document submitted or required to be maintained under this permit, including
monitoring reports or reports of compliance or noncompliance shall, upon conviction, be punished by a fine of
not more than $10,000 per violation, or by imprisonment for not more than two years per violation, or by both.
Persons reporting such occurrences
following first knowledge of the
Other Information
Where the permittee becomes aware that it failed to submit any relevant facts in a permit application, or
submitted incorrect information in a permit application or in any report to the Director, it shall promptly submit
such facts or information.
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 NCOS 143-215.1 (b)(2) or in Section 309 of the Federal Act.
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.
9. Noncompliance Notification
The permittee shall report by telephone to either the central office or the appropriate regional office of the
Division as soon as possible, but in no case more than 24 hours or on the next working day following the
occurrence or first knowledge of the occurrence of any of the following:
The Director may waive the written report on a case-by-case basis for reports under paragraph b. above of
this condition if the oral report has been received within 24 hours.
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.
A. Requirements for Control of Pollutants Attribute to Industrial Users,
1.
2.circumstances shall the permittee allow introduction of the following wastes in the waste treatment
a.
b.Discharges with pH lower
d.flow rate and/or
e.
f.
g-
h.
3.
4.
5.
B.Pretreatment Program Requirements
Page 1 of 4
The permittee shall operate its approved pretreatment program in accordance with Section 402(b)(8) of the Clean Water Act,
the Federal Pretreatment Regulations 40 CFR Part 403, the State Pretreatment Regulations ISA NCAC 2H .0900, and the
legal authorities, policies, procedures, and financial provisions contained in its pretreatment program submission and Division
approved modifications there of. Such operation shall include but is not limited to the implementation of the following
conditions and requirements:
PART III
OTHER REQUIREMENTS
Under no
system:
With regard to the effluent requirements listed in Part I of this permit, it may be necessary for the permittee to
supplement the requirements of the Federal Pretreatment Standards (40 CFR, Part 403) to ensure compliance by the
permittee with all applicable effluent limitations. Such actions by the permittee may be necessary regarding some or all
of the industries discharging to the municipal system.
Under authority of sections 307(b) and (c) and 402(b)(8) of the Clean Water Act and implementing regulations 40 CFR Part
403, North Carolina General Statute 143-215.3 (14) and implementing regulations 15A NCAC 2H .0900, and in accordance
with the approved pretreatment program, all provisions and regulations contained and referenced in the Pretreatment
Program Submittal are an enforceable part of this permit.
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).
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 technolog}' or water quality standards.
This permit shall be modified, or alternatively, revoked and reissued, to incorporate or modify an approved POTW
Pretreatment Program or to include a compliance schedule for the development of a POTW Pretreatment Program as
required under Section 402(b)(8) of the Clean Water Act and implementing regulations or by the requirements of the
approved State pretreatment program, as appropriate.
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
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
cause acute worker health and safety problems;
Any trucked or hauled pollutants, except at discharge points designated by the POTW.
fumes within the POTW in a quantity that may
1.
2.
of the sewer collection system at least once
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.
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.
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.
7a.
7b.
Industrial User Pretreatment Permits (IUP) & Allocation Tables
In accordance with NCGS 143-215.1, the permittee shall issue to all significant industrial users, permits for operation
of pretreatment equipment and discharge to the permittee's treatment works. These permits shall contain limitations,
sampling protocols, reporting requirements, appropriate standard and special conditions, and compliance schedules as
necessary for the installation of treatment and control technologies to assure that their wastewater discharge will meet
all applicable pretreatment standards and requirements. The permittee shall maintain a current Allocation Table (AT)
which summarizes the results of the Headworks Analysis (HWA) and the limits from all Industrial User Pretreatment
Permits (IUP). Permitted IUP loadings for each parameter cannot exceed the treatment capacity of the POTW as
determined by the HWA.
Industrial Waste Survey (IWS)
The permittee shall update its Industrial Waste Survey (IWS) of all users
everj’ five years.
Monitoring Plan
The permittee shall implement a Division approved Monitoring Plan for the collection of facility specific data to be
used in a wastewater treatment plant Headworks Analysis (HWA) for the development of specific pretreatment local
limits.
POTW Inspection & Monitoring of their SIUs
The permittee shall conduct inspection, surveillance, and monitoring activities as described in its Division approved
pretreatment program in order to determine, independent of information supplied by industrial users, compliance with
applicable pretreatment standards. The permittee must:
Inspect all Significant Industrial Users (SIUs) at least once per calendar year; and
Sample all Significant Industrial Users (SIUs) at least twice per calendar year for all permit-limited
pollutants, once during the period from January 1 through June 30 and once during the period from July 1
through December 31, except for organic compounds which shall be sampled once per calendar year;
PART III
OTHER REQUIREMENT
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.
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.
10.
These reports shall be submitted according to a schedule established by the Director and shall contain the following:
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 ISA 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 REQUIREMENTS
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.
For all other active pretreatment programs, the permittee shall submit two copies of a Pretreatment Annual Report
(PAR) describing its pretreatment activities over the previous twelve months to the Division at the following address:
NC DENR / DWQ / Pretreatment Unit
1617 Mail Sendee Center
RALEIGH, NC 27699-1617
Public Notice
The permittee shall publish annually a list of Significant Industrial Users (SIUs) that were in Significant Non-
Compliance (SNC) as defined in the permittee's Division approved Sewer Use Ordinance with applicable pretreatment
requirements and standards during the previous twelve month period. This list shall be published within four months
of the applicable twelve-month period.
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 Summan' (PPS)
A pretreatment program summary (PPS) on specific forms approved by the Division;
Significant Non-Compliance Report (SNCR)
The nature of the violations and the actions taken 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 POTW's allocation table, new or modified enforcement compliance schedules, public
notice of SIUs in SNC, and any other information, upon request, which in the opinion of the Director
is needed to determine compliance with the pretreatment implementation requirements of this permit;
c.Construction
Groundwater MonitoringD.
E. Publicly Owned Treatment Works
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
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
2H .0105(b)(4) may cause this Division to initiate action to revoke the permit.
The permittee shall, upon written notice from the Director of the Division of Water Quality, conduct groundwater
monitoring as may be required to determine the compliance of this NPDES permitted facility with the current groundwater
standards.
PART IV
ANNUAL ADMINISTERING AND COMPLIANCE MONITORING FEE
REQUIREMENTS
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.
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.
PART III
OTHER REQUIREMElW
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 (1) the quality and quantity of effluent
introduced into the POTW, and (2) any anticipated impact of the change on the quantity or quality of effluent to be
discharged from the POTW.