NC0026051_Draft Permit_20091106

November 4, 2009
Dear Mr. Whisler:
Beverly Eaves Perdue
Governor
Dee Freeman
Secretary
1517 Mail Service Center, Raleigh, North Carolina 27699-1617
Location: 512 N. Salisbury St. Raleigh, North Carolina 27604
Phone: [phone] \ FAX: [phone] \ Customer Service 1 -877-623-6748
Internet: wwncwaterquality.org
An Equal Opportunity Affirmative Action Employer
Mr. Glen E. Whisler, County Engineer
Durham County
120 E Parrish Street, 1st Floor
Durham, North Carolina 27701
North CarolinaNaturally
Subject: Draft NPDES Permit Modification
Permit NC0026051
Durham County Triangle WWTP
Durham County
hi
NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Coleen H. Sullins
Director
By letter of October 1, the Director notified affected dischargers of the Division's intent to modify their
NPDES permits to incorporate new requirements under the Jordan Lake Nutrient Management
Strategy and its Wastewater Discharge rule, T15A NCAC 02B .0270. Accordingly, the Division proposes
to modify the subject permit and is enclosing the draft modifications for your review and comment.
At this time, the Division is submitting a notice to the newspaper of general circulation in Durham
County, inviting public comment on the draft permits for the affected facilities. The notice is scheduled
for publication on or about November 6 and initiates a 30-day comment period.
Please provide any comments you have regarding the draft permit to this office, in writing, no later
than 30 days of receipt of this letter.
The draft permit includes the following changes:
• Total Phosphorus (TP) Limit. The total phosphorus limit has been revised to reflect the allocation
allowed under the point source rule. This annual mass limit becomes effective January 1, 2010. The
current limit remains in effect through December 31, 2009.
• Total Nitrogen (TN) Limit. The point source rule establishes nitrogen limits beginning in 2016. At
the County's request, the Division proposes to apply the new limit effective January 1, 2010,
consistent with the allocation assigned to the County under the rule. As with phosphorus, the
current limit remains in effect through December 31, 2009.
• Nitrogen Optimization. The rule requires affected dischargers to develop and implement plans to
optimize nitrogen removal in existing facilities until the nitrogen limits become effective. Given that
the facility's new nitrogen limit is to become effective January 1, 2010, the Division considers this
requirement unnecessary at the Triangle plant and has not included it in this draft permit.
Enclosure:
Copies:
If you have any questions concerning the draft permit, please contact me at [phone] or at
mike, [e-mail].
Mr. Glen E. Whisler, County Engineer
Draft NPDES Permit Modification
November 4, 2009
• Additional Special Conditions for Nutrients. The permit includes new conditions that (1) document
the nitrogen and phosphorus allocations assigned to the facility and (2) describe how the mass
limits will be managed in individual permits and in the event that a group compliance association
is formed.
• Additional Changes. The special conditions have been re-ordered to put all of the nutrient-related
conditions together for easier reference.
Draft permit modification, NC0026051
Joseph R. Pearce, Utility Division Manager, -120 E Parrish St, Durham, NC 27701
Chief, NPDES and Biosolids Permits Section, Region IV, EPA
Raleigh Regional Office, Surface Water Protection
Michael Douglas, Raleigh Regional Office, DEH
Steve Reid, Technical Assistance and Certification Unit
PERCS Unit
NPDES Files
Sincerely,
Michael E. Templeton, P.E.
Point Source Branch
Permit No. NC0026051
PERMIT
TO DISCHARGE WASTEWATER UNDER THE
NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM
to receiving waters designated as Northeast Creek in the Cape Fear River Basin
This permit shall become effective
April 30, 2011.
Signed this day
DRAFT
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Durham County Triangle WWTP
5926 NC Highway 55
Durham County
Coleen H. Sullins, Director
Division of Water Quality
By Authority of the Environmental Management Commission
STATE OF NORTH CAROLINA
DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES
DIVISION OF WATER QUALITY
Durham County
is hereby authorized to discharge waste water from a facility located at the
This permit and authorization to discharge shall expire at midnight on
in accordance with effluent limitations, monitoring requirements, and other conditions set forth in
Parts I, II, III, and IV hereof.
In compliance with the provisions of North Carolina General Statute 143-215.1, other lawful standards
and regulations promulgated and adopted by the North Carolina Environmental Management
Commission, and the Federal Water Pollution Control Act, as amended.
Permit No. NC0026051
SUPPLEMENT TO PERMIT COVER SHEET
Durham County
2. 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.
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.
is hereby authorized to:
1. Continue to operate an existing 12.0 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:
• Mechanical fine screens
• Mechanical grit removal
• Parshall flume
• Influent pump station
• Three 5-stage BNR trains
• Four secondary clarifiers
• Five tertiary sand filters
• Ultraviolet disinfection
• Post aeration
• Sludge lagoons
• Waste and return activated sludge pumping system
• Methanol, potassium hydroxide, and sodium hypochlorite storage and feed systems
• Liquid waste activated sludge storage (projected service date is the end of 2010)
• Dewatering facility' (projected service date is the end of 2010)
• Truck loading for contract composting operation (projected service date is the end of 2010)
Section A, Definitions
of fecal
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Bypass
The known diversion of waste streams from any portion of a treatment facility including the collection system, which
is not a designed or established or operating mode for the facility.
PART II
STANDARD CONDITIONS FOR NPDES PERMITS
NPDES Permit Standard Conditions
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Annual Average
The arithmetic mean
coliform, the geometric mean of such discharges.
Arithmetic Mean
The summation of the individual values divided by the number of individual values.
Calendar Quarter
One of the following distinct periods: January through March, April through June, July through September, and
October through December.
Calendar W eek
The period from Sunday through the following Saturday.
of all "daily discharges" of a pollutant measured during the calendar year. In the case
Calendar Day
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.
2/Mon th
Samples are 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.
Composite Sample
A sample collected over a 24-hour period by continuous sampling or combining grab samples of at least 100 ml in
such a manner as to result in a total sample representative of the wastewater discharge during the sample period. The
Director may designate the most appropriate method (specific number and size of aliquots necessarv, the time
interval between grab samples, etc.) on a case-by-case basis. Samples may be collected manually or automatically.
Composite samples may be obtained by the following methods:
(1) Continuous: a single, continuous sample collected over a 24-hour period proportional to the rate of flow.
(2) Constant time/variable volume: 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
(3) Variable time/constant volume: a series of grab samples of equal volume collected over a 24 hour period
with the time intervals between samples determined by a preset number of gallons passing the sampling
point. Flow measurement between sample intervals shall be determined by use of a flow' recorder and
3/Week
Samples are collected three times per week on three separate calendar days. 'Hiese samples shall be representative of
the wastew'atcr discharged during the sample period.
Act or "the Act"
The Federal Water Pollution Control Act, also known as the Clean W ater Act? (CWA). as amended, 33 USC 1251, et.
seq.
less than 100 milliliters
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Facility Closure
'File cer.tifldon oFwas to water treatment at a permitted facility, or the cessfltionCessation of all activities that require
coverage under thethis NPDES permit. Completion of facility closure will allow this permit to be rescinded.
D\X'Q or “the Division’’
The Division of Water Quality, Department of Environment and Natural Resources.
EPA
The United States Environmental Protection Agency
EMC
The North Carolina Environmental Management Commission.
Daily Maximum
The highest “daily discharge” for conventtonal and other non toxicant parameters.—NOTE:—Permittees may not
submit a “daily average” calculation (for determining -compliance with permit Emits] for toxicants. See the relevant
Federal effluent guidelinefs] for the appropriate calculation interval.
The highest “daily discharge” during the calendar month.
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NPDES Permit Standard Conditions
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totalizer, and the preset gallon interval between sample collection fixed at no greater than 1/24 of the
expected total daily flow at the treatment system, or
(4) Constant time/constant volume: a series of grab samples of equal volume collected 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 flow rates vary less than 15 percent. The following
restrictions also apply:
Influent and effluent grab samples shall be of equal size and of no
Influent samples shall not be collected more than once per hour.
Permittees with wastewater treatment systems whose detention time < 24 hours shall collect effluent
grab samples at intervals of no greater than 20 minutes apart during any 24-hour period.
Permittees with wastewater treatment systems whose detention time exceeds 24 hours shall collect
effluent grab samples at least every X hours [X ~ days detention time] over a 24 hour period. ■ Effluent
samples shall be collected-at least even- six hours; there must be a minimum of four samples during a 24-
hour sampling period.
Daily Discharge
The discharge of a pollutant measured during a calendar day or any 24-hour period that reasonably represents the
calendar day for purposes of sampling. For pollutants measured in units of mass, the "daily discharge" is calculated as
the total mass of the pollutant discharged over the day. The "daily discharge" concentration comprises the mean
concentration for a 24-hour sampling period as either a composite sample concentration or the arithmetic mean of all
grab samples collected during that period. (40 CFR 122.2)
Daily Sampling
Parameters requiring daily sampling shall be sampled 5 out of even' 7 days per week unless otherwise specified in the
| permit. The Division expects that samplingSampling shall be conducted on weekdays except where holidays or other
disruptions of normal operations prevent weekday sampling. If sampling is required for all seven days of the week
for any permit parameter(s), that requirement will be so noted on the Effluent Limitations and Monitoring Page(s).
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.
of fecal
Section B. General Conditions
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Permit Issuing Authorin'
The Director of the Division of Water Quality.
Duty to Comply
The Permittee must comply with all conditions of this permit. Any permit noncompliance constimtes a violation
of the Clean Wfttec-A-efCWA 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].
Upset
An incident beyond the reasonable control of the Permittee causing unintentional and temporary noncompliance with
permit effluent limitations and/or monitoring requirements. An upset does not include noncompliance caused by
operational error, improperly designed treatment facilities, inadequate treatment facilities, lack of preventive
maintenance, or careless or improper operation.
Instantaneous flow measurement
A measure of flow taken at the time of sampling, when both the sample and flow will be representative of the total
discharge.
Quarterly Average ^concentration limit)
The average of all samples taken over a calendar quarter.
as toxic under Section 307(a)(1) of the Clean Water ActCWA.
Severe property damage
Substantial physical damage to property, damage to the treatment facilities which causes them to become inoperable,
or substantial and permanent loss of natural resources which can reasonably be expected to occur in the absence of a
bypass. Severe property damage excludes economic loss caused by delays in production.
Monthly Average (concentration limit)
The arithmetic mean of all "daily discharges" of a pollutant measured during the calendar month. In the case of fecal
coliform, the geometric mean of such discharges.
Toxic Pollutant:
| Any pollutant listed
I lazardous Substance
| Any substance designated under 40 CFR Part 116 pursuant to Section 311 of the Clean'Wat^r ActCWA.
Weekly Average (concentration limit)
The arithmetic mean of all "daily discharges" of a pollutant measured during the calendar week. In the case
coliform, the geometric mean of such discharges.
The Permittee shall comply with effluent standards or prohibitions established under section 307(a) of the
Clean Water- A-etCWA for toxic pollutants and with standards for sewage sludge use or disposal established
under section 405(d) of the Clean Water ActCWA within the time provided in the regulations that establish
NPDES Permit Standard Conditions
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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
Individual samples of at least 100 ml collected over a period of time not exceeding 15 minutes. Grab samples can be
collected manually. Grab samples must be representative of the discharge (or the receiving stream, for instream
samples).
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Dun- to Mitigate
The Permittee shall take all reasonable steps to minimize or prevent any discharge or
violation of this permit with a reasonable likelihood of adversely affecting human health
CFR 122.41 (d)].
The Clean Water AetCWA provides that any person who violates section[s] 301, 302, 306, 307, 308, 318 or
405 of the Act, or any permit condition or limitation implementing any such sections in a permit issued under
section 402, or any requirement imposed in a pretreatment program approved under sections 402_(a){}_(3) or
402_(b}£)_(8) of the Act, is subject to a civil penalty not to exceed 525,00037,500 per day for each violation.-f
[33 CSC 1319 (d) and 40 CFR 122.41 (a) (2)]
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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.
Any person who knowingly violates section 301, 302, 303, 306, 307, 308, 318 or 405 of the Act, or any permit
condition or limitation implementing any of such sections in a permit issued under section 402 of the Act,
and who knows at that time that he thereby places another person in imminent danger of death or serious
bodily injury, shall, upon conviction, be subject to a fine of not more than 5250,000 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 5500,000 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 51,000,000 and can be fined
up to 52,000,000 for second or subsequent convictions. [40 CFR 122.41 (a) (2)]
Any person may be assessed an administrative penalty- by the Administrator for violating section 301, 302,
306, 307, 308, 318 or 405 of this Act, or any permit condition or limitation implementing any of such
sections in a permit issued under section 402 of this Act. Administrative penalties for Class I violations are
not to exceed 54016.000 per violation, with the maximum amount of any Class 1 penalty assessed not to
exceed 525.000.37.500. Penalties for Class II violations are not to exceed 54016,000 per day for each day
during which the violation continues, with the maximum amount of any Class II penalty not to exceed
S-12».000:-[ 177,500. [33 CSC 1219 (g) (2) and 40 CFR 122.41 (a) (3)]
sludge use or disposal in
or the environment [40
Civil and Criminal Liability
Except as provided in permit conditions on "Bypassing" (Part II. C. 4), “Upsets” (Part II. C. 5) and "Power
Failures" (Part II. C. 7), nothing in this permit shall be construed to relieve the Permittee from any
Under state law, a civil penalty- of not more than 525,000 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. [North
Carolina General Statutes § 143-215.6A]
Any person who knowingly violates such sections, or such conditions or limitations is subject to criminal
penalties of 55,000 to 550,000 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 5100,000 per day of violation, or imprisonment of not more than 6 years, or both.
f[33 USC 1319 (c) (2) and 40 CFR 122.41 (a) (2)]
The Clean Watcf ActCWA provides that any person who negligently violates sections 301, 302, 306, 307, 308,
318, or 405 of the Act, or any condition or limitation implementing any of such sections in a permit issued
under section 402 of the Act, or any requirement imposed in a pretreatment program approved under section
402(a)(3) or 402(b)(8) of the Act, is subject to criminal penalties of 52,500 to 525,000 per day of violation, or
imprisonment of not more than 1 year, or both. In the case of a second or subsequent conviction for a
negligent violation, a person shall be subject to criminal penalties of not more than 550,000 per day of
violation, or by imprisonment of not more than 2 years, or both. f[33 USC 1319 (c) (1) and 40 CFR 122.41
(a)(2)]
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11. Signatory Requirements
All applications, reports, or information submitted to the Permit Issuing Authority shall be signed and certified
[40 CFR 122.41 (k)].
or offshore physical structures or
Oil and Hazardous Substance Liability
Nothing in this permit shall be construed to preclude the institution of any legal action or relieve the Permittee
from any responsibilities, liabilities, or penalties to which the Permittee is or may be subject to under NCOS 143-
215.75 et seq. or Section 311 of the Federal Act, 33 USG 1321. Furthermore, the Permittee is responsible for
consequential damages, such as fish kills, even though the responsibility for effective compliance may be
temporarily suspended.
Duty to Provide Information
The Permittee shall furnish to the Permit Issuing Authority, within a reasonable time, any information which the
Permit Issuing Authority may request to determine whether cause exists for modifying, revoking and reissuing, or
terminating this permit or to determine compliance with this permit. The Permittee shall also furnish to the
Permit Issuing Authority upon request, copies of records required by this permit [40 CFR 122.41 (h)].
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.
10. Expiration of Permit
The Permittee is not authorized to discharge after the expiration date. In order to receive automatic
authorization to discharge beyond the expiration date, the Permittee shall submit such information, forms, and
fees as are required by the agency authorized to issue permits no later than 180 days prior to the expiration date.
Any Permittee that has not requested renewal at least 180 days prior to expiration, or any Permittee that does not
have a permit after the expiration and has not requested renewal at least 180 days prior to expiration, will subject
the Permittee to enforcement procedures as provided in NCGS 143-215.6 and 33 USC 1251 et. seq.
7. Severability
The provisions of this permit are severable. If any provision of this permit, or the application of any provision of
this permit to any circumstances, is held invalid, the application of such provision to other circumstances, and the
remainder of this permit, shall not be affected thereby [NCGS 150B-23].
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 perfonns 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
Property Rights
'Ihe issuance of this permit does not convey any- property rights in either real or personal property, or any
exclusive privileges, nor does it authorize any injury to private property or any invasion of personal rights, nor
any infringement of Federal, State or local laws or regulations [40 CFR 122.41 (g)J.
NPDES Permit Standard Conditions
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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.
Duty to Reapply
If the Permittee wishes to continue an activity regulated by this permit after the expiration date of this permit, the
Permittee must apply for and obtain a new permit [40 CFR 122.41 (b)].
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14. Annual Administering and Compliance Monitoring Fee Requirements
The Permittee must pay the annual administering and compliance monitoring fee within thirty days after being
billed by the Division. Failure to pay the fee in a timely manner in accordance with 15A NCAC 2H.0105 (b) (2)
may cause this Division to initiate action to revoke the 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 Tide 40, Code of Federal Regulations, Parts 122 and 123; Title 15A of the North Carolina
Administrative Code, Subchap ter 2H-.0100; and North Carolina General Statute 143-215.1 et. al.
Certification. Any person signing a document under paragraphs a. or b. of this section shall make the
following certification [40 CFR 122.22H NO OTHER STATEMENTS OF CERTIFICATION WILL BE
ACCEPTED:
7 certify, under penalty of law, that this document and all attachments were prepared under my direction or
supervision in accordance with a system designed to assure that qualified personnel properly gather and evaluate
the information submitted. Based on my inquiry of the person or persons who manage the system, or those persons
directly responsible for gathering the information, the information submitted is, to the best of my knowledge and
belief, true, accurate, and complete. I am aware that there are significant penalties for submitting false information,
including the possibility of fines and imprisonment for knowing violations."
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investment recommendations, and initiating and directing other comprehensive measures to assure long
term environmental compliance with environmental laws and regulations; the manager can ensure that
the necessary systems are established or actions taken to gather complete and accurate information for
permit application requirements; and where authority to sign documents has been assigned or delegated
to the manager in accordance with corporate procedures .
(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 [40 CFR 122.22].
b. 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. above 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 either an individual or a position having responsibility for the overall
operation of the regulated facility or activity, such as the position of plant manager, operator of a well or
well field, superintendent, a position of equivalent responsibility, or an individual or position having
overall responsibility for environmental matters for the company. (A duly authorized representative may
thus be either a named individual or any individual occupying a named position.); and
The written authorization is submitted to the Permit Issuing Authority [40 CFR 122.22]
Changes to authorization: If an authorization under paragraph (b) of this section is no longer accurate
because a different individual or position has responsibility for the overall operation of the facility, a new
authorization satisfying the requirements of paragraph (b) of this section must be submitted to the Director
prior to or together with any reports, information, or applications to be signed by an authorized
representative [40 CFR 122.22]
12. Permit Actions
This permit may be modified, revoked and reissued, or terminated for cause. The filing of a request by the
Permittee for a permit modification, revocation and reissuance, or termination, or a notification of planned
changes or anticipated noncompliance does not stay any permit condition [40 CFR 122.41 (f)].
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Section C. Operation and Maintenance of Pollution Controls
or back-up ORC.
Need to Halt or Reduce not a Defense
It shall not be a defense for a Permittee in an enforcement action that it would have been necessary’ to halt or
reduce the permitted activity’ in order to maintain compliance with the condition of this permit [40 CFR 122.41
(c)l-
fully responsible for all proper operation and
as a contract operator
The ORC of each Class II, III and IV facility 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
Properly manage and document daily operation and maintenance of the facility
Comply with all other conditions of 15A NCAC 8G.0204.
The ORC of each Class I facility 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 weekly
Comply with all other conditions of 15A NCAC 8G.0204.
Proper Operation and Maintenance
The Permittee shall at all times provide the operation and maintenance resources necessary to operate the existing
facilities at optimum efficiency. The Permittee shall at all times properly operate and maintain all facilities and
systems of treatment and control (and related appurtenances) which are installed or used by the Permittee to
achieve compliance with the conditions of this permit. Proper operation and maintenance also includes adequate
laboratory controls and appropriate quality assurance procedures. This provision requires the Permittee to install
and operate backup or auxiliary facilities only when necessary- to achieve compliance with the conditions of the
permit [40 CFR 122.41 (e)].
1. Certified Operator
Upon classification of the permitted facility by the Certification Commission, the Permittee shall employ a
certified water pollution control treatment system operator in responsible charge (ORC) of the water pollution
control treatment system. Such operator must hold a certification of the grade equivalent to or greater than the
classification assigned to the water pollution control treatment system by the Certification Commission. The
Permittee must also employ one or more certified Back-up ORCs who possess a currendy valid certificate of the
type of the system. Back-up ORCs must possess a grade equal to (or no more than one grade less than) the grade
of the system [15A NCAC 8G.0201].
NOTE: Properly and officially designated operators arc
maintenance of the facility, and all documentation required thereof, whether acting
[subcontractor] or a member of the Permittee’s staff
Once the facility is classified, the Permittee shall submit a letter to the Certification Commission designating the
operator in responsible charge:
Within 60 calendar days prior to wastewater being introduced into a new system
b. Within 120 calendar days of:
Receiving notification of a change in the classification of the system requiring the designation of a
new ORC and back-up ORC
a" A vacancy in the position of ORC
Bypassing of Treatment Facilities
a. Bypass not exceeding limitations [40 CFR 122.41 (m) (2)]
required in Part
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The Permittee may allow any bypass to occur which does not cause effluent limitations to be exceeded, but
only if it also is for essential maintenance to assure efficient operation. These bypasses are not subject to the
provisions of Paragraphs b. and c. of this section.
Conditions necessary for a demonstration of upset: AAny Permittee who wishes to establish the
affirmative defense of upset shall demonstrate, through properly signed, contemporaneous operating logs, or
other relevant evidence that:
(1) An upset occurred and that the Permittee can identify the cause(s) of the upset;
(2) The 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) of this permit.
(4) The Permittee complied with any remedial measures required under Part II. B. 2. of this permit.
(2) Bypass from the collection system is prohibited and the Permit Issuing Authority may take enforcement
action against a Permittee for a bypass as provided in any current or future system-wide collection system
permit associated with the treatment facility.
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
b. Notice [40 CFR 122.41 (m) (3)]
(1) Anticipated bypass. If the Permittee knows in advance of the need for a bypass, it shall submit prior
notice, if possible at least ten days before the date of the bypass; including an evaluation of the
anticipated quality and effect of the bypass.
(2) Unanticipated bypass. The Permittee shall submit notice of an unanticipated bypass as
II. E. 6. (24-hour notice).
Upsets
Effect of an upset [40 CFR 122.41 (n) (2)]: An upset constitutes an affirmative defense to an action
brought for noncompliancc with such technology based permit effluent limitations if the requirements of
paragraph b. of this condition are met. No determination made during administrative review of claims that
noncompliance was caused by upset, and before an action for noncompliance, is final administrative action
subject to judicial review.
Prohibition of Bypass
(1) Bypass from the treatment facility is prohibited and the Permit Issuing Authority- may take enforcement
action against a Permittee for bypass, unless:
(A) Bypass was unavoidable to prevent loss of life, personal injury or severe property damage;
(B) There were no feasible alternatives to the bypass, such as the use of auxiliary treatment facilities,
retention of untreated wastes or maintenance during normal periods of equipment downtime. This
condition is not satisfied if adequate backup equipment should have been installed in the exercise of
reasonable engineering judgment to prevent a bypass which occurred during normal periods of
equipment downtime or preventive maintenance; and
(C) The Permittee submitted notices as required under Paragraph b. of this section.
(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.
Burden of proof [40 CFR 122.41 (n) (4)]:------- The Permittee seeking to establish the occurrence of an
upset has the burden of proof in any enforcement proceeding.
Section D. Monitoring and Records
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NC DENR / Division of Water Quality / Water Quality Section
ATTENTION: Central Files
1617 Mail Service Center
Raleigh, North Carolina 27699-1617
How Measurements
Appropriate flow measurement devices and methods consistent with accepted scientific practices shall be selected
and used to ensure the accuracy and reliability of measurements of the volume of monitored discharges. The
devices shall be installed, calibrated and maintained to ensure that the accuracy of the measurements is consistent
with the accepted capability of that type of device. Devices selected shall be capable of measuring flows with a
maximum deviation of less than 10% from the true discharge rates throughout the range of expected discharge
volumes. Flow measurement devices shall be accurately calibrated at a minimum of once per year and maintained
to ensure that the accuracy of the measurements is consistent with the accepted capability of that type of device.
The Director shall approve the flow measurement device and monitoring location prior to installation.
NPDES Permit Standard Conditions
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reopened and modified, or revoked and reissued, to incorporate applicable requirements at 40 CFR 503. The
Permittee shall comply with applicable 40 CFR 503 Standards for the Use and Disposal of Sewage Sludge (when
promulgated) within the time provided in the regulation, even if the permit is not modified to incorporate the
requirement. The Permittee shall notify the Permit Issuing Authority of any significant change in its sludge use
or disposal pracuces.
7.- Power Failures
The Permittee is responsible for maintaining adequate safeguards (as required by 15A NCAC 2H.0124—
Reliability) to prevent the discharge of untreated or inadequately treated wastes during electrical power failures
either by means of alternate power sources, standby generators or retention of inadequately treated effluent.
2. Reporting
Monitoring results obtained during the previous month(s) shall be summarized for each month and reported on a
monthly Discharge Monitoring Report (DMR) Form (MR 1, 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.
Once-through condenser cooling water flow monitored by pump logs, or pump hour meters as specified in Part I
of this permit and based on the manufacturer's pump curves shall not be subject to this requirement.
Representative Sampling
Samples collected and measurements taken, as required herein, shall be characteristic of the volume and nature of
the permitted discharge. Samples collected at a frequency less than daily shall be taken on a day and time that is
characteristic of the discharge over the entire period the sample represents. All samples shall be taken at the
monitoring points specified in this permit and, unless otherwise specified, before the effluent joins or is diluted
by any other wastestream, body of water, or substance. Monitoring points shall not be changed without
notification to and the approval of the Permit Issuing Authority [40 CFR 122.41 (j)].
Test Procedures
Laboratories used for sample analysis must be certified by the Division. Permittees should contact the Division’s
Laboratoty’ Certification Section (919 733-3908 or http://h2o.enr.state.nc.us/lab/cert.htm) for information
regarding laboratory certifications.
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:
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Enter upon the Permittee's premises where a regulated facility
records must be kept under the conditions of this permit;
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or activity is located or conducted, or where
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;
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.
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 h'ederfll Water Pollution Control Act (as AmendedCW A fas amended), and
40 CFR 136; or in the case of sludge use or disposal, approved under 40 CFR 136, unless otherwise specified in 40
CFR 503, unless other test procedures have been specified in this permit [40 CFR 122.41].
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
all original strip chart recordings for continuous monitoring instrumentation
> copies of all reports required by this permit
> copies of all data used to complete the application for this permit
These records or copies shall be maintained for a period of at least 3 years from the date of the sample,
measurement, report or application. This period may be extended by request of the Director at any time [40 CFR
122.41].
^^DES Permit Standard Conditions
Page 10 of 44-18
field parameter
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.
For each measurement or sample taken pursuant to the requirements of this permit, the Permittee shall record
the following information [40 CFR 122.41]:
5. Penalties for Tampering
The Clean Water ActCWA provides that any person who falsifies, tampers with, or knowingly renders inaccurate,
any monitoring device or method required to be maintained under this permit shall, upon conviction, be
punished by a fine of not more than $10,000 per violation, or by imprisonment for not more than two years per
violation, or by both. If a conviction of a person is for a violation committed after a first conviction of such
person under this paragraph, punishment is a fine of not more than $20,000 per day of violation, or by
imprisonment of not more than 4 years, or both [40 CFR 122.41].
Personnel conducting testing of field-certified parameters must hold the appropriate
certifications.
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Monitoring Reports
Monitoring results shall be reported at the intervals specified elsewhere in this permit [40 CFR 122.41 (1) (4)].
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.
or forms
a permitted facility may meet one of the criteria for new sources at 40 CFRor addition to
Anticipated Noncompliance
The Permittee shall give advance notice to the Director of any planned changes to the permitted facility or other
activities that might result in noncompliance with the permit [40 CFR 122.41 (1) (2)].
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 [40 CFR 122.41 (1)]. Notice is required only when:
NPDES Permit Standard Conditions
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Have access to and copy, at reasonable times, any records that must be kept under the conditions of this
permit;
Inspect at reasonable times any facilities, equipment (including monitoring and control equipment), practices,
or operations regulated or required under this permit; and
Sample or monitor at reasonable times, for the purposes of assuring permit compliance or as otherwise
authorized by the Clean Water ActCWA, any substances or parameters at any location [40 CFR 122.41 (i)].
Transfers
This permit is not transferable to any person except after notice towithout approval from the Director. The
Director may require modification or revocation and reissuance of the permit to document the change of
ownership. Any such action may incorporate other requirements as may be necessary under the Clean Water
AetCWA [40 CFR 122.41 (1) (3)].
The alteration
122.29 (b); or
The alteration or addition could significantly change the nature or increase the quantity of pollutants
discharged. This notification applies to pollutants subject neither to effluent limitations in the permit, nor to
notification requirements under 40 CFR 122.42 (a) (1).
The alteration or addition results in a significant change in the Permittee’s sludge use or disposal practices,
and such alteration, 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.
6. Twenty-four Hour Reporting
a. The Permittee shall report to the Director or the appropriate Regional Office any noncompliance that
potentially threatens public health or the environment. Any information shall be provided orally within 24
hours from the time the Permittee became aware of the circumstances. A written submission shall also be
provided within 5 days of the time the Permittee becomes aware of the circumstances. The written
submission shall contain a description of die noncompliance, and its cause; the period of noncompliance,
including exact dates and times, and if the noncompliancc has not been corrected, the anticipated time it is
a. Monitoring results must be reported on a Discharge Monitoring Report (DMR) (See Part II. D. 2)
provided by the Director for reporting results of monitoring of sludge use or disposal practices.
b. If the Permittee monitors any pollutant more frequendy than required by this permit, the results of such
monitoring shall be included in the calculation and reporting of the data submitted on the DMR.
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b. The Director may waive the written report
report has been received within 24 hours.
expected to continue; and steps taken
noncompliance [40 CFR 122.41 (1) (6)].
on a case-by-case basis for reports under this section if the oral
or planned
Occurrences outside normal business hours may also be reported to the Division’s Emergency Response
personnel at [phone], [phone] or [phone].
^^DES Permit Standard Conditions
Page 12 of 44-18
to reduce, eliminate, and prevent reoccurrence of the
Other Noncompliancc
The Permittee shall report all instances of noncompliance not reported under Part II. E. 5 and 6. of this permit at
the time monitoring reports are submitted. The reports shall contain the information listed in Part II. E. 6. of
this permit [40 CFR 122.41 (1) (7)].
Persons reporting such occurrences by telephone shall also file a written report within 5 days following first
knowledge of the occurrence.
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:
Availability- of Reports
Except for data determined to be confidential under NCGS 143-215.3 (a)(2) or Section 308 of the Federal Act, 33
USC 1318, all reports prepared in accordance with the terms shall be available for public inspection at the offices
of the Division. As required by the Act, effluent data shall not be considered confidential. Knowingly making
any false statement on any such report may result in the imposition of criminal penalties as provided for in
NCGS 143-215.1 (b)(2) or in Section 309 of the Federal Act.
Annual Performance Reports
Permittees who own or operate facilities that collect or treat municipal or domestic waste shall provide an annual
report to the Permit Issuing Authority7 and to the users/customers served by the Permittee (NCGS 143-215.1C).
The report shall summarize the performance of the collection or treatment system, as well as the extent to which
Any occurrence at the water pollution control facility which results in the discharge of significant amounts of
wastes which are abnormal in quantity or characteristic, such as the dumping of the contents of a sludge
digester; the known passage of a slug of hazardous substance through the facility; or any other unusual
circumstances.
Any process unit failure, due to known or unknown reasons, that render the facility incapable of adequate
wastewater treatment such as mechanical or electrical failures of pumps, aerators, compressors, etc.
Any failure of a pumping station, sewer line, or treatment facility resulting in a by-pass directly to receiving
waters-without treatment of all or any portion of the influent to such station or facility.
Penalties for Falsification of Reports
The Clean Water ActCXX'A 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 S25,000 per violation, or by imprisonment for not more than two years per violation, or by both
[40 CFR 122.41],
Other Information
Where the Permittee becomes aware that it failed to submit any relevant facts in a permit application, or
submitted incorrect information in a permit application or in any report to the Director, it shall promptly submit
such facts or information [40 CFR 122.41 (1) (8)].
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PART III
OTHER REQUIREMENTS
Section E. Facility Closure Requirements
The Permittee must notify the Division at least 90 days prior to the closure of any wastewater treatment system
covered by this permit. The Division may require specific measures during deactivation of the system to prevent
Section A. Construction
fhe Permittee shall not commence construction of wastewater treatment facilities, nor add to the plant's treatment
capacity’, nor change the treatment process(es) utilized at the treatment plant unless the Division has issued an
Authorization to Construct (AtC) permit. Issuance of an AtC will not occur until Final Plans and Specifications for
the proposed construction have been submitted by the Permittee and approved by the Division.
Section D. Evaluation of Wastewater Discharge Alternatives
fhe Permittee shall evaluate all wastewater disposal alternatives and pursue the most environmentally sound
alternative of the reasonably cost effective alternatives. If the facility is in substantial non-compliance with the terms
and conditions of the NPDES permit or governing rules, regulations or laws, the Permittee shall submit a report in
such form and detail as required by the Division evaluating these alternatives and a plan of action within 60 days of
notification by the Division.
Section C. Changes in Discharges of Toxic Substances
The Permittee shall notify the Permit Issuing Authority as soon as it knows or has reason to believe (40 CFR 122.42):
That any activity has occurred or will occur which would result in any discharge, on a non-routine or
infrequent basis, of a toxic pollutant which is not limited in the permit, if that discharge will exceed the
highest of the following "notification levels";
(1) Five hundred micrograms per Liter (500 ug/L);
(2) One milligram per liter (1 mg/L) for antimony;
(3) Ten times the maximum concentration value reported for that pollutant in the permit application.
Section B. Groundwater Monitoring
The Permittee shall, upon written notice from the Director, conduct groundwater monitoring as may be required to
determine the compliance of this NPDES permitted facility with the current groundwater standards.
That any activity has occurred or will occur which would result in the discharge, on a routine or frequent
basis, of any toxic pollutant which is not limited in the permit, if that discharge will exceed the highest of the
following "notification levels";
(1) One hundred micrograms per liter (100 pg/L);
(2) Two hundred micrograms per liter (200 ug/L) for acrolein and acrylonitrile; five hundred micrograms
per liter (500 ug/L) for 2.4-dinitrophenol and for 2-methyl-4.6-dinitrophenol; and one milligram per liter
(1 mg/L) for antimony;
(3) Five times the maximum concentration value reported for that pollutant in the permit application.
N PDFS Permit Standard Conditions
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the facility was compliant with applicable Federal or State laws, regulations and rules pertaining to water quality.
The report shall be provided no later than sixty days after the end of the calendar or fiscal year, depending upon
which annual period is used for evaluation.
The report shall be sent to:
NC DENR / DWQ / Central Files
1617 Mail Service Center
Raleigh. NC 27699-1617
Section B. Publicly Owned Treatment Works (POTWs)
All POTWs must provide adequate notice to the Director of the followingT- [40 CFR 122.42 (b)]:
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PART IV
SPECIAL CONDITIONS FOR MUNICIPAL FACILITIES
Section A. Definitions
In addition to the definitions
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adverse impacts to waters of the State. This permit cannot be rescinded while any activities requiring this permit
continue at the permitted facility.
in Part II of tins permit, the following definitions apply to municipal facilities:
Indirect Discharge or Industrial User
Any non-domestic source that discharges wastewater containing pollutants into a POTW regulated under section
307(b), (c) or (d) of the CAX'A. [40 CFR 403.3 (b) (i) and (QI
All POTWs are required to prevent the introduction of pollutants into the PO'FW which will interfere with the
operation of the POTW, including interference with its use or disposal of municipal sludge, or pass through the
treatment works or otherwise be incompatible with such treatment works. [40 CFR 403.2]
"Significant Industrial User" or "SIL'"
An industrial user that discharges wastewater into a publicly owned treatment works and that [15A NCAC 2FI.0903
fo) (34)]:
(a) discharges an average of 25,000 gallons or more per day of process wastewater to the POTW (excluding
sanitary, noncontact cooling and boiler blowdown wastewaters) or;
(b) contributes more than 5 percent of the design flow of the POTW treatment plant or more than 5 percent of
the maximum allowable headworks loading of the PO TW treatment plant for any pollutant of concern, or;
'c) is required to meet a national categorical pretreatment standard, or;
(d) is, regardless of Parts fa), (b), and (c) of this definition, otherwise determined by the POTW, the Division, or
the EPA to have a reasonable potential tor adversely affecting the POTVUs operation or for violating any
pretreatment standard or requirement or POTWs receiving stream standard, or to limit the POTWs sludge
disposal options.
Pass Through
A discharge which exits the PO'IW into waters of the State in quantities or concentrations which, alone or with
discharges from other sources, causes a violation, including an increase in the magnitude or duradon of a violation, of
the POT\X'1s NPDES permit, or of an instream water quality standard. [15A NCAC 2H.0903 (b) (23)]
Interference
Inhibition or disruption of the POTW treatment processes; operaUons; or its sludge process, use, or disposal which
causes or contributes to a violation of any requirement of the PO FWs NPDES Permit or prevents sewage sludge use
or disposal in compliance with specified applicable State and Federal statutes, regulations, or permits. [15A NCAC
2H.0903 (b) fl 3)]
Publicly Owned 'Treatment Works fPO'IW)
A treatment works as defined by Section 212 of die CWA, owned by a State or local government entity. 'This
definition includes any devices and systems used in the storage, treatment, recycling and reclamation of municipal
sewage or industrial wastes of a liquid nature. It also includes sewers, pipes, and other conveyances only if they
convey wastewater to a POTW. The term also means the local government entity, or municipality, as defined in
section 502(4) of the CWA, which has jurisdiction over indirect discharges to and the discharges from such a
treatment works. [15A NCAC 2H.0903 (b) (27)]
1.
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Section BC.Municipal Control of Pollutants from Industrial Users.
1.
Prohibited Discharges
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The Permittee shall report such discharges into die WWTP to the Director or the appropriate Regional
Office. 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
(1) the quality and quantity' of
[ may result from the change
The Permittee shall investigate the source of all discharges into the WWTP, including slug loads and
other unusual discharges, which have the potential to adversely impact the permittee’s Pretreatment
Program and/or the operation of the W\XTP.
Under no circumstances shall the Permittee allow introduction of the following wastes in the waste
treatment or waste collection system? [40 CFR 403.5 (b)J:
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 wtH—cause corrosive structural damage to the POTW, but in no case
Discharges discharges with pH lower than 5.0, unless the works is specifically' designed to
accommodate such Dischargesdischarges;
Solid or viscous pollutants in amounts which ■Anil cause obstruction to the flow in the POTW
resulting in Interference;
Any pollutant, including oxy'gen demanding pollutants (BOD, etc.) released in a Discharge at a
flow rate and/or pollutant concentration which will cause Interference with the POTW’;
Heat in amounts which will may inhibit biological activity in the POTW resulting in Interference,
but in no case heat in such quantities that the temperature at the POTW Treatment Plant exceeds
40°C (104°F) unless the Division, upon request of the POTW', approves alternate temperature
limits;
Petroleum oil, nonbiodegradable cutting oil, or products of mineral oil origin in amounts that will
cause interference or pass through;
Pollutants which result in the presence of toxic gases, vapors, or fumes within the POTW' in a
quantity' that may cause acute worker health and safety' problems;
Any trucked or hauled pollutants, except at discharge points designated by the POTW’.
Effluent Emitations are listed in Part I of this permit. Other pollutants attributable to inputs from industries
using the municipal system may be present in the Permittee's discharge. _At such time as sufficient information
becomes available to establish limitations for such pollutants, this permit may' be revised to specify effluent
limitations for any or all of such other pollutants in accordance with best practicable technology' or water
quality' standards.
NPDES Permit Standard Conditions
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Any' new introduction of pollutants into the POTW7 from an indirect discharger, including pump and
hauled waste, 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 by an indirect discharger
as influent to that POTW at the time of issuance of the permit.
For purposes of this paragraph, adequate notice shall include information on (
effluent introduced into the POTW7, and (2) any anticipated impact ePthat
eeof the quantity' or quality of effluent to be discharged from the POTW.
Under no circumstances shall the Permittee allow introduction of pollutants or discharges into the waste
treatment system or waste collection system which cause or contribute to Pass Through or Interference
as defined in 15A NCAC 2H.0900 and 40 CFR 403. [40 CFR 403.5 (a) fl)]
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the discharge, the investigation into possible sources; the period of the discharge, including exact dates
and times; and if the discharge has not ceased, the anticipated time it is expected to continue; and steps
taken or planned to reduce, eliminate, and prevent reoccurrence of tire noncompliance.
Under authority of sections 307_(b) and (c) and 402_(b}£L(8) of the Clean Water ActCWA 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. [40 CFR
122.44 (j) (2)1
Sewer Use Ordinance (SUO)
The Permittee shall maintain adequate legal authority to implement its approved pretreatment program. [15A
NCAC 2H.0905 and .0906; 40 CFR 403.8 (f) (1) and 403.9 (1), (2)1
Industrial Waste Survey (IW’S)
The Permittee shall update its Industrial Waste Surv,
system at least once even- five-vears.
The Permittee shall require any industrial dischargesdischarger sending influentits effluent to the permitted
system to meet Federal Pretreatment Standards promulgated in response to Section 307(b) of the Actr as
amended (which includes categorical standards and locally derived limits and narrative requirements). Prior to
accepting wastewater from any significant industrial user, the Permittee shall either develop and submit to the
Division a new Pretreatment Program for approval per 15A NCAC 2H .0907(a) or modifya modification of an
existing Pretreatment Program-pef, for approval as required under section D below as well as 15A NCAC 2H
.0907 (a) and (b).- 140 CFR 122.44 (j) (2)1
The Permittee shall operate its approved pretreatment program in accordance with Section 402_(l^Q_(8) of the Clean
Water Act, the Federal Pretreatment RegulationaCWA, 40 CFR Part 403, the State Pretreatment Regulations 15A
NCAC 2H-.0900, and the legal authorities, policies, procedures, and financial provisions contained in its pretreatment
program submission and Division approved modifications there of.thereof. Such operation shall include but is not
limited to the implementation of the following conditions and requirements-r. Ferms not defined in Part II or Part IV
of this permit arc as defined in 15A NCAC 2H.0903 and 40 CFR 403.3.
ey (IWS) to include all users of the sewer collection
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 (fyfy) (8) of the Clean Water ActCWA and implementing
regulations or by the requirements of the approved State pretreatment program, as appropriate.
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.
The permittee shall implement an IWS consisting of the survey of users of the PO'FW, as required bv 40 CFR
403.8 (f) (2) (i-iii) and 15A NCAC 2H.0905 [also 40 CFR 122.44 (j) (1)], including identification of all industrial
users and the character and amount of pollutants contributed to the POTW by these industrial users and
identification of those industrial users meeting the definition of SIU. The Permittee shall submit a summary of
its IWS activities to the Division at least once every7 five years, and as required bv the Division. The IWS
submission shall include a summary of any investigations conducted under paragraph B, 2, c, of this Part.
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Industrial User Pretreatment Permits (IL'P) & 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 fIUP).IUPs. Permitted IUP loadings for
each parameter cannot exceed the treatment capacity of the POTW as determined by the HWA. [15A NCAC
2H.0909, .0916, and .0917; 40 CFR 403.5. 403.8 (f) (1) (iii); NCGS 143-215.67 (a)l '
Enforcement Response Plan (FRPj
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
Authorization to Construct (AtC)
The Permittee shall ensure that an Authorization to Construct permit (AtC) is issued to all appkcable industrial
users for the construction or modification of any pretreatment facility. Prior to the issuance of an AtC, the
proposed pretreatment facility and treatment process must be evaluated for its capacity to comply with all
Industrial User Pretreatment Permit (IUP) limitations. [15A NCAC 2H.0906 (b) (6) and .0905; NCGS 143-
215.1 (a) (8)1
Fleadworks Analysis (HWA) and Local Limits
The Permittee shall obtain Division approval of a Headworko Analyois (HWA) at least once every five years,
and as required by the Division. Within 180 days of the effective date of this permit (or any subsequent permit
modification) the Permittee shall submit to the Division a written technical evaluation of the need to revise
local limits (i.e., an updated HWA or documentation of why one is not needed) [40 CFR 122.44]. 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.
NrDES Permit Standard Conditions
Page 17 of U-18
The Permittee shall implement a Division-approved Monitoring Plan for the collection of facility specific data
to be used in a wastewater treatment plant Headworks Analysis (HWA) for the development of specific
pretreatment local limits. Effluent data from the Plan shall be reported on the DMRs (as required by Part II,
Section D, and Section E.5.). 115A NCAC 211.0906 (b) (2) and .09051
POTW Inspection & Monitoring of their SFUsIUs
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. [15A NCAC 2H .OOOSfd); 40 CFR 403.8(f)(2)(v)] 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
yesf^at least once per calendar year; For the purposes of this paragraph, “organic compounds” means
the types of compounds listed in 40 CFR 136.3(a), Tables IC. ID, and IF. as amended.
S4L4U 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. I15A NCAC 2H .09060)^4) and .0905; 40 CFR 403.8(fj(l)(v) and (2)(iii); 40 CFR
122.44(j)(2)]
I
10.
schedule
a.)
b.)
c-)
specific forms
d.)
e.)
11.
12.
13.
Modification to Pretreatment Programs14.
Version W10/20077/2009
Funding and Financial Report
The Permittee shall maintain adequate funding and staffing levels to accomplish the objectives of its approved
pretreatment program. |15A NCAC 2H .0906(3) and .0905; 40 CFR 403.8(f)(3). 403.9(b)(3)]
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. Emergency Response, and Collection Systems L~nit (PERCS)
1617 Mail Sendee Center
Raleigh, NC 27699-1617
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
POT\V. [ISA NCAC 2H .0908(1); 40 CFR 403.12(o)1
^^DES Permit Standard Conditions
Page 18 of 44-18
enforcement actions shall be consistent with the Enforcement Response Plan (ERP) approved by the Division.
[15A NCAC 2H .0906^)17) and .0905; 40 CFR 4038(f)(5)]
These reports shall be submitted according to a
following:
Pretreatment Annual Reports (PAR)
The Permittee shall report to the Division in accordance with 15A NCAC 2H .0908. In lieu of submitting
annual reports, Modified Pretreatment Programs developed under 15A NCAC 2H .0904 (b) may be required to
submit a partial annual report or to meet with Division personnel periodically to discuss enforcement of
pretreatment requirements and other pretreatment implementation issues.
established by the Director and shall contain the
Public Notice
The Permittee shall publish annually a list of Significant Industrial Users (SIUsIUs) 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. [15A NCAC 211 .0903(b)(35). .0908(b)(5) and
.0905 and 40 CFR 403.8ff)(2)(vii)l
Narrative
A brief discussion of reasons for, status of, and actions taken for all Significant Industrial Users
(SIU si Us) in Significant Non-Compliance (SNC);
Pretreatment Program Summary (TPS)
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 proposed to correct the violations on
approved by the Division;
Industrial Data Summary Forms TDSF)
Monitoring data from samples collected by both the POTW and the Significant Industrial User (SIU)?).
and any monitoring data for other Industrial Users flUs) in SNC. 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 SIUsIUs 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;
I
I Version ttM/2QQ77/2009
^^DES Permit Standard Conditions
Page 19 of 44-18
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.
monitored by the Permittee as specified below:
EFFLUENT LIMITATIONS MONITORING REQUIREMENTS
Sample Type Sample Location1
Flow 12.0 MGD Continuous Influent or Effluent
Total Monthly Flow (MG)Monitor & Report Monthly Influent or Effluent
5.0 mg/L 7.5 mg/L Daily Composite Influent & Effluent
10.0 mg/L 15.0 mg/L Daily Composite Influent & Effluent
30.0 mg/L 45.0 mg/L Daily Composite Influent & Effluent
1.0 mg/L 3.0 mg/L Daily Composite Effluent
1.8 mg/L 5.4 mg/L Daily Composite Effluent
200/100mL 400/100mL Daily Grab Effluent
Grab Effluent
Grab Effluent
Grab
17 pg/L Grab
Grab
Grab
Grab
TKN
Calculated Effluent
Total Phosphorus, TP Composite Effluent
Calculated Effluent
Grab
Chloride
Annually Effluent
Quarterly Composite Effluent
All footnotes are listed
EFFLUENT
CHARACTERISTICS Monthly
Average
Weekly
Average
Daily
Maximum
Measurement
Frequency
Total Copper
Total Zinc
NO3-N + NO2-N
Total Nitrogen, TN
Recording
Recorded or
Calculated
Composite
Composite
Composite
Composite
Composite/
Grab
Composite
Composite
Composite
Effluent
Effluent
Effluent
Effluent
Effluent
Effluent
Effluent
Effluent
Effluent
Effluent
Effluent
Effluent
Effluent
___________ 1.8 pg/L
_ __________ 1-3 pg/L
_______Monitor & Report (mg/L)
Monitor & Report (mg/L)
Monitor & Report (mg/L)
Monitor & Report (Ib/mo)
100,452 Ib/yr (effective thru 12/31/2009)
111,207 Ib/yr (effective 1/1/2010)
Monitor & Report
Monitor & Report (Ib/mo)
10,204 Ib/yr (effective thru 12/31/2009)
8,432 Ib/yr (effective 1/1/2010)
_____________0.012 pg/L
1800 pg/L
Daily
Daily
Daily
Daily
2/Month
Weekly
Weekly
Weekly
Weekly
Weekly
Monthly
Annually
Annually
Weekly
Monthly
Annually
Annually
Weekly
Weekly
Monthly
Monthly
Monthly
on the following page.
BOD, 5-day, (20°C)2
(April 1 - October 31)
BOD, 5-day, (20°C)2
(November 1 - March 31)
Total Suspended Solids2
NH3 as N
(April 1-October31)
NH3 as N
(November 1-March 31)
Fecal Coliform
(geometric mean)
Dissolved Oxygen3
Temperature (°C)
PH4____________________
Total Residual Chlorine5
Chloroform5
Bromodichloromethane5
Dibromochloromethane5
Permit No. NC0026051
A.(l.) EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS
Beginning upon the effective date of this permit and lasting until expiration, the Permittee is
authorized to discharge treated wastewater from Outfall 001. Such discharges shall be limited and
TN Load 6'7
TP Load 6-7
Effluent Pollutant Scan 9
Total Mercury 8
Fluoride
Chronic Toxicity 10
Permit No. NC0026051
Footnotes:
There shall be no discharge of floating solids or visible foam in other than trace amounts.
MONITORING REQUIREMENTS
SAMPLE LOCATION2MEASUREMENT FREQUENCY SAMPLE TYPE
Grab Upstream, DI, D2Dissolved Oxygen
Grab Upstream, DI, D2Temperature
Grab Upstream, DI, D2Conductivity
Upstream, DI, D2Fecal Coliform Grab
Grab Upstream, DI, D2pH
Grab
1.
1.
2.
8.
9.
INSTREAM
CHARACTERISTICS
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 NCSR1732.
Samples shall be collected during June-September only.
3.
4.
5.
6.
7.
2.
3.
A.(2.) INSTREAM MONITORING REQUIREMENTS
Beginning upon the permit effective date and lasting until expiration, the Permittee shall monitor
instream conditions as specified below1:
Grab
Grab
Grab
Grab
Upstream, DI, D2
Upstream, DI, D2
Upstream, DI, D2
Upstream, DI, D2
Upstream, DI, D2
See Condition A. (2.), for Instream Monitoring Requirements.
The monthly average effluent BODS and TSS concentrations shall not exceed 15% of the respective influent value (85%
removal).
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.
Limit and/or monitoring applies only when chlorine is added to treatment system.
Refer to Special Condition A.(8.), Calculation of Total Nitrogen or Total Phosphorus Loads.
Compliance with mass limits shall be determined in accordance with Special Condition A.(7.), Annual Limits for Total
Nitrogen or Total Phosphorus.
Mercury samples shall be analyzed using EPA Method 1631E.
See Special Condition A. (4.), Effluent Pollutant Scan.
10. Chronic Toxicity (Ceriodaphnia) at 90%; February, May, August, and November; refer to Special Condition A.(3.).
Total Phosphorus
PO4
TKN
NO2 + NQ3
NH3 as N
Footnotes:
3/Week (June-September)
Weekly (October -May)
3/Week (June-September)
Weekly (October -May)
3/Week (June-September)
Weekly (October -May)
3/Week (June-September)
Weekly (October -May)
3/Week (June-September)
Weekly (October -May)
Weekly (June-September)3
Weekly (June-September)3
Weekly (June-September)3
Weekly (June-September)3
Weekly (June-September)3
Permit No. NC0026051
A.(3.) CHRONIC TOXICITY PASS/FAIL PERMIT LIMIT
The effluent discharge shall at no time exhibit observable inhibition of reproduction or significant
mortality to Ceriodayhma dubia at an effluent concentration of 90%.
The permit holder shall perform at a minimum, quarterly 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:
NCDENR/ DWQ/Environmental Sciences Section
1621 Mail Service Center
Raleigh, North Carolina 27699-1621
Completed Aquatic Toxicity Test Forms shall be filed with the Environmental Sciences Section no later
than 30 days after the end of the reporting period for which the report is made.
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 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.
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 No. NC0026051
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
Tetrachloroethylene
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-neutral compounds:
Acenaphthene
Acenaphthylene
Anthracene
Benzidine
Benzo(a)anthracene
Benzo(a)pyrene
3,4 benzofluoranthene
Benzo(ghi)perylene
Benzo(k)fluoranthene
Bis (2-chloroethoxy) methane
Bis (2-chloroethyl) ether
Bis (2-chloroisopropyl) ether
Bis (2-ethylhexyI) 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- d ichlorobenzene
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
lndeno(l,2,3-cd)pyrene
Isophorone
Naphthalene
Nitrobenzene
N-nitrosodi-n-propylamine
N-nitrosodimethylamine
N-nitrosodiphenylamine
Phenanthrene
Pyrene
1.2.4- trichlorobenzene
A.(4.) EFFLUENT POLLUTANT SCAN
The Permittee shall perform an annual Effluent Pollutant Scan for all parameters listed in the attached
table. The 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 shall represent seasonal variations. 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*
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
Test results shall be reported to the Division in DWQ Form- DMR-PPA1 or in a form approved by the
Director within 90 days of sampling. The report shall be submitted to the following address:
NC DENR/ DWQ/ Central Files
1617 Mail Service Center
Raleigh, North Carolina 27699-1617.
*Mercury samples shall be analyzed using EPA Method 1631E.
Permit No. NC0026051
trained and knowledgeable about
(TP) allocations assigned
Total Nitrogen Allocation
ALLOCATION AMOUNT(1)
SOURCE DATE STATUS
Delivered (Ib/yr)Discharge (Ib/yr)
Base 8/11/09 106,759 111,207 Active
TOTAL 106,759 111,207 Active
Footnote:
(1)Nitrogen Transport Factor = 96%
Total Phosphorus Allocation
ALLOCATION AMOUNT (1’
SOURCE DATE STATUS
Delivered (Ib/yr)Discharge (Ib/yr)
Base 8/11/09 8,179 8,432 Active
TOTAL 8,179 8,432 Active
Footnote:
(1)Phosphorus Transport Factor = 97%
ALLOCATION
TYPE
ALLOCATION
TYPE
Assigned by Rule
(T15ANCAC 02B .0270)
Assigned by Rule
(T15ANCAC 02B.0270)
(b.) Any addition, deletion, or modification of the listed allocation(s) (other than to correct
typographical errors) or any change in status of any of the listed allocations 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.(6.) NUTRIENT ALLOCATIONS
(a.) The following table lists the Total Nitrogen (TN) and Total Phosphorus (
to, acquired by, or transferred to the Permittee in accordance with the Jordan Lake nutrient
management rule (T15A NCAC 02B .0270) and the status of each as of permit issuance. For
compliance purposes, this table does not supersede any TN or TP limit established elsewhere in
this permit or in the NPDES permit of a compliance association of which the Permittee is a Co­
Permittee Member.
A.(5.) 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
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.
Permit No. NC0026051
A.(7.) ANNUAL LIMITS FOR TOTAL NITROGEN OR TOTAL PHOSPHORUS
(a.) Total Nitrogen (TN) and Total Phosphorus (TP) allocations and load limits for NPDES
dischargers in the Jordan Lake watershed are annual limits and apply on a calendar year basis.
(b.) For any given calendar year, the Permittee shall be in compliance with the annual TN (or TP)
Load limit in this Permit if:
(i.) the Permittee's annual TN (or TP) Load is less than or equal to the effective limit, or
(ii.) the Permittee is a Co-Permittee Member of a compliance association.
(c.) The TN (or TP) Load limit in this Permit may be modified as the result of allowable changes in
the Permittee's allocations.
(i.) Allowable changes include those resulting from purchase of TN (or TP) allocation from an
authorized mitigation banker, the Ecosystem Enhancement Program, or other source
allowed under applicable regulations; purchase, sale, trade, or lease of allocation between
the Permittee and other dischargers; regionalization; and other transactions approved by
the Division.
(ii.) The Permittee may request a modification of the TN (or TP) Load limit in this Permit to
reflect allowable changes in its allocation(s).
(A) Upon receipt of timely and proper application, the Division will modify the permit as
appropriate and in accordance with state and federal program requirements.
(B) Changes in TN (or TP) 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.
(iii.) Any requests for modification should be sent to:
NCDENR/ DWQ/ NPDES Programs
Attn: Jordan Lake Watershed Coordinator
1617 Mail Service Center
Raleigh, NC 27699-1617
(d.) If the Permittee is a member and co-permittee of an approved compliance association on January
1 of a given year, its TN and TP discharges during that year are governed by that association's
group NPDES permit and the limits therein.
(i.) The Permittee shall be considered a Co-Permittee Member for any given calendar year in
which it is identified as such in Appendix A of the association's group NPDES permit.
(ii.) Association roster(s) and members' TN and TP allocations will be updated annually and in
accordance with state and federal program requirements.
(iii.) If the Permittee intends to join or leave a compliance association, the Division must be
notified of the proposed action in accordance with the procedures defined in the
association's NPDES permit.
(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.
(e.) The TN and TP monitoring and reporting requirements in this Permit remain in effect
throughout the term of the Permit and are not affected by the Permittee's membership in a
compliance association.
TMF
8.34
= the average Total Nitrogen or Total Phosphorus 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
A.(10.) NUTRIENT MONITORING REOPENER
Pursuant to N.C. General Statute Section 143-215.1 and the implementing rules found in Title 15A of
the North Carolina Administrative Code, Subchapter 2H, specifically, 15A NCAC 2H.0112(b) (1) and
2H.0114(a), and Part II, Sections B-12 and B-13 of this permit, the Director of DWQ may reopen this
permit to require supplemental nutrient monitoring of the discharge. The additional monitoring will
be to support water quality modeling efforts within the Cape Fear River Basin, and shall be consistent
with a monitoring plan developed jointly by the Division and affected stakeholders.
Permit No. NC0026051
A.(8.) CALCULATION OF TOTAL NITROGEN OR TOTAL PHOSPHORUS LOADS
(a.) The Permittee shall calculate monthly and annual TN Loads as follows:
(i.) Monthly TN (or TP) Load (lb/mo) = TN (or TP) x TMF x 8.34
where:
TN or TP
(ii.) Annual TN (or TP) Load (lb/ yr) = Sum of the 12 Monthly TN (or TP) Loads for the calendar
year
(b.) The Permittee shall report monthly Total Nitrogen and Total Phosphorus results (mg/L and
lb/ mo) in the appropriate discharge monitoring report for each month and shall report each
calendar year's results (lb/yr) with the December report for that year.
A.(9.) NITROGEN OPTIMIZATION
(a.) Not later than February 11, 2010, the Permittee shall:
(i.) evaluate its treatment facilities and operations,
(ii.) identify further opportunities to improve and optimize nitrogen reduction in the existing
facilities beyond those previously implemented pursuant to G.S. 143-215.1 B(d), and
(iii.) submit a report to the Division documenting its findings, proposing optimization measures,
and describing expected results.
(b.) No later than six months following the Division's written acceptance of the report, or as provided
in the acceptance, the Permittee shall implement the proposed measures.
(c.) Beginning one year following the Division's acceptance of the report and continuing through
2016, the Permittee shall submit a progress report to the Division documenting the status of the
proposed measures and the nitrogen reductions achieved at the facility during the previous
calendar year.
(d.) Reports shall be submitted to:
NCDENR/ DWQ/ NPDES Programs
Attn: Jordan Lake Watershed Coordinator
1617 Mail Service Center
Raleigh, NC 27699-1617
PROPOSED PERMIT ACTION
FACILITY INFORMATION
The affected facilities are as follows:
Receiving Stream CountyFacilityPermitOwner
DurhamSouth Durham WRFNC0047597
Mason Farm WWTPNC0025241
NC0026051
ChathamChatham WRFNC0056413
ChathamNC0043559
GuilfordSouth Buffalo CreekNC0047384
GuilfordNorth Buffalo CreekNorth Buffalo Creek WWTPNC0024325
GuilfordHaw RiverEastside WWTPNC0023868
GuilfordSouthside WWTPNC0023876
Reidsville WWTPNC0024881
Haw RiverGraham WWTPNC0021211
AlamanceMoadams CreekMebane WWTPNC0021474
ChathamRobeson CreekPittsboro WWTPNC0020354
GuilfordBuffalo CreekQuarterstone Farm WWTPQuarterstone Farm HOA.NC0066966
IORDAN LAKE NUTRIENT MANAGEMENT STRATEGY
PROPOSED MODIFICATIONS
Triangle WWTP
Carolina Meadows WWTP Morgan Creek
UT to Bush Creek
Orange
Durham
The figure below shows the watershed and the three subwatersheds. The strategy sets nutrient
reduction targets for each subwatershed.
Jordan Lake NPDES Dischargers
14 NPDES Permits
The Division proposes to modify fourteen (14) NPDES permits for municipal and domestic
treatment facilities in the Jordan Lake watershed of the Cape Fear River Basin. The purpose of
the modifications is to set Total Phosphorus discharge limits in accordance with the Jordan
Lake Nutrient Management Strategy: Wastewater Discharge Requirements, T15A NCAC 02B
.0270.
NCDEHR
North Carolina Department of
Environment ano Natural Resources
Big Alamance Creek
Haw River
City of Durham
Orange W&S Authority
Durham County
Fearrington Utilities, Inc.
City of Greensboro
City of Greensboro
City of Burlington
City of Burlington
City of Reidsville
City of Graham
City of Mebane
Town of Pittsboro
Fearrington Utilities WWTP
T.Z. Osborne WWTP
New Hope Creek
Morgan Creek
Northeast Creek
Rockingham
Alamance
Draft
Fact Sheet - NPDES Permit
The Jordan Lake Nutrient Management Strategy is a comprehensive set of rules and Session
Law that became effective August 11, 2009. The Strategy aims to restore and maintain water
quality, protect the lake's classified uses, and maintain or enhance protections currently
implemented by local governments in existing water supply watersheds. The Strategy calls for
improvements in stormwater management (existing and new development), agricultural
practices, fertilizer application management, riparian buffers protection, and wastewater
treatment.
Tire Strategy establishes nitrogen and phosphorus allocations for all existing wastewater
dischargers that treat nutrient-bearing wastes. For point sources, it specifies that facilities with a
permitted flow of 0.1 MGD or g^^er must meet nutrient limits based o^^ese allocations. The
limits for both nitrogen and phosphorus are given as annual mass limits. The phosphorus limits
become effective in CY2010, the nitrogen limits in CY2016.
The proposed permit modifications affect dischargers with a permitted flow of 0.1 MGD or
greater. (Permit NC0003913 for Glen Raven Inc. has been rescinded since work began on the
Strategy and so is not affected.) A new Special Condition in each permit identifies the
discharge and delivered allocations and the Transport Factor for facility. The permit limit for
phosphorus is then based on the TP discharge allocation. The Division intends to add nitrogen
limits during the 2011 permit renewals.
The attached table lists all facilities in the Jordan Lake watershed that received nutrient
allocations under the Wastewater Discharge Requirements rule. It shows the allocations,
transport factors, and permitted flow for each facility. It also shows the equivalent
concentrations for the TN and TP allocations, that is, the concentration that the facility must
reach to meet its mass limit at full permitted flow.
The modifications include other, minor changes. Special Conditions and other language with
compliance dates that had passed were deleted as a matter of course. And conditions were re­
ordered to group the nutrient-related conditions for easier reference.
< end of text >
B. EVERETT JORDAN LAKE
WATERSHED
x1"
t9
NUTRIENT ALLOCATIONS - INITIAL ASSIGNMENTS
Transport Allocations - TN Allocations - TP
Permit Owner Facility TN TP
r?
Transport
Permit Owner Facility TN TP
NC0043559 Fearrington Utilities, Inc.Fearrington Utilities WWTP 84% 88%
L___1
JORDAN RESERVOIR NUTRIENT MANAGEMENT STRATEGY
August 2009
Avg Cone
EOP (mg/L)
Avg Cone
EOP (mg/L)
Nutrient Reduction Targets:
Maintain 1997-2001 baseline loads for TN and TP
(0% reduction required, 0% increase allowed).
City of Durham
Orange Water & Sewer Authority
Durham County
Whippoorwill LLC________________________
North Chatham Water 8< Sewer Company, LLC
Nature Trails Association, CLP
Birchwood Mobile Home Park
Hilltop Mobile Home Park
Cedar Village Apartments
South Durham WRF
Mason Farm WWTP
Triangle WWTP
Carolina Meadows WWTP___________
Cole Park Plaza
Nature Trails Mobile Home Park WWTP
Birchwood Mobile Home Park
Hilltop Mobile Home Park
Cedar Village Apartments
TMDL Targets:
35% TN reduction
5% TP reduebon
NC0047597
NC0025241
NC0026051
NC0056413
NC0051314
NC0043257
NC0042803
NC0074446
NC0048429
Qpmt
(MGD)
____05
0.5
67%
47%
97%
47%
84%
84%
64%
64%
Avg Cone
EOP (mg/L)
3.04
3.04
3.04
_______3.04
12.00
12.00
12.00
12.00
______12.00
336,079
332,467
3,613
35.O°/o
Avg Cone
EOP (mg/L)
0.23
0.23
0.23
_______0.23
2.00
2.00
2.00
2.00
_______ZOO
TP to Lake
(lb/yr)
9,415
4,7
8,1
______116_
256
205
70
47
_______30
498
498
N/A
0.0%
Qpmt
(MGD)
20.0
14.5
12.0
0.35
0.050
0.040
0.018
0.012
0.005
46.98
TN at EOP
(lb/yr)
185,345
134,375
111,207
______3,244
1,826
1,461
658
438
________183
438,736 PS Alloc'n, lb/yr EOP
3.04 mg/LTHLg
______12.00 mg/LTT^ Sm
PS Alloc'n, lb/yr at Lake:
lb/yr Tty Lg:
____________lb/yr Tt| Sm:
Cak'd redxn at Lake:
TN to Lake
(lb/yr)
139,009
84,656
106,759
2,043
1,479
1,184
460
307
______183
TP at EOP
(lb/yr)
14,053
10,188
8,432
_________246^
304
244
110
73
_________30
33,680 PS Alloc'n, lb/yr EOP
0.23 mg/LTP, Lg
_______2.00 mg/L TP, Sm
PS Alloc'n, lb/yr at Lake:
lb/yr TP, Lg:
____________lb/yr TP, Sm:
Cak'd redxn at Lake:
6,836
6,836
N/A
0.0%
23,106
22,498
608
5.0%
75%
63%
96%
63%
81%
81%
70%
70%
100% 100%
Sm
Allocations - TN
TN at EOP Avg Cone TN to Lake
(lb/yr) EOP (mg/L) (lb/yr)
8,138_________5.35 6,836
______ 8,138 PS Alloc'n, lb/yr EOP
5.35 mg/LTHLg
________N/A mg/LTT<Sm
PS Alloc'n, lb/yr at Lake:
lb/yr TH Lg:
____________lb/yr TT4 Sm:
Cak'd redxn at Lake:
Allocations - TP
TP at EOP Avg Cone TP to Lake
(lb/yr) EOP (mg/L) (lb/yr)
________566_________0.37_______498
________566 PS Alloc'n, lb/yr EOP
0.37 mg/LTP, Lg
________N/A mg/L TP, Sm
PS Alloc'n, lb/yr at Lake:
lb/yr TP, Lg:
____________lb/yr TP, Sm:
Cak'd redxn at Lake:
Allocations - TPAllocations - TNTransport
TN TPFacilityOwnerPermit
City of Greensboro
City of Greensboro
City of Burlington
City of Burlington
City of Reidsville
City of Graham
City of Mebane
Town of Pittsboro
Quarterstone Farm Homeowners Assoc.
Glen Raven Inc________________________
Chateau Communities, Inc.
Monarch Hosiery Mills Inc
Country Club Communities LLC
Trails Property Owners Assoc
Oak Ridge Military Academy
Horners Mobile Home Park
B Everett Jordan & Son-1927 LLC
Guilford County Schools
Mervyn R. King
NC Department of Correction
Burlington Industries, Inc
County of Chatham
REA Enterprises, LLC
Pentecostal Holiness Church
Willow Oak Mobile Home Park
Alamance-Burlington School System
Episcopal Diocese of North Carolina
Alamance-Burlington School System
Alamance-Burlington School System
Guilford County Schools
Cedar Valley Communities LLC
Alamance-Burlington School System
Shields Mobile Home Park
Staley Hosiery Mills
Guilford County Schools
Rockingham County Board of Education
Rockingham County Board of Education
Alamance-Burlington School System
T.Z. Osborne WWTP
North Buffalo Creek WWTP
Eastside WWTP
Southside WWTP
Reidsville WWTP
Graham WWTP
Mebane WWTP
Pittsboro WWTP
Quarterstone Farm WWTP
Altamahaw Division plant___________________
Autumn Forest Manuf. Home Community
Monarch Hosiery Mills Incorporated
Birmingham Place
Trails WWTP
Oak Ridge Military Academy
Horners Mobile Home Park
B Everett Jordan 1927 LLC
Northeast Middle & Senior High WWTP
Countryside Manor WWTP
Guilford Correctional Center WWTP
Williamsburg plant
Bynum WWTP
Pleasant Ridge WWTP
Pentecostal Holiness Church
Willow Oak Mobile Home Park
Western Alamance Middle School
The Summit WWTP
Altamahaw/Ossipee Elementary School
Western Alamance High School
McLeansville Middle School WWTP
Cedar Valley WWTP
Jordan Elementary School
Shields Mobile Home Park
Staley Hosiery Mills
Nathanael Greene Elementary School WWTP
Monroeton Elementary School
Williamsburg Elementary School
Sylvan Elementary School
Nutrient Reduction Targets:
8% TN reduction
5% TP reduction
NC0047384
NC0024325
NC0023868
NC0023876
NC0024881
NC0021211
NC0021474
NC0020354
NC0066966
NC0003913
NC0022691
NC0001210
NC0022675
NC0042285
NC0046043
NC0077968
NC0042528
NC0038156
NC0073571
NC0029726
NC0001384
NC0035866
NC0065412
NC0046809
NC0060259
NC0031607
NC0046019
NC0045161
NC0045144
NC0038172
NC0022098
NC0045152
NC0055271
NC0048241
NC0038164
NC0036994
NC0066010
NC0045128
45%
43%
77%
80%
66%
81%
56%
76%
50%
58%
52%
58%
55%
84%
46%
58%
84%
52%
42%
36%
48%
84%
51%
46%
51%
64%
46%
58%
64%
36%
55%
84%
64%
74%
75%
42%
51%
84%
44%
42%
69%
73%
56%
71%
55%
82%
43%
49%
46%
49%
52%
76%
41%
49%
76%
46%
38%
34%
47%
76%
45%
41%
45%
58%
41%
49%
58%
34%
52%
76%
58%
65%
66%
38%
45%
76%
Avg Cone
EOP (mg/L)
5.29
5.29
5.29
5.29
5.29
5.29
5.29
5.29
5.29
________5.29
12.00
12.00
12.00
12.00
12.00
12.00
12.00
12.00
12.00
12.00
12.00
12.00
12.00
12.00
12.00
12.00
12.00
12.00
12.00
12.00
12.00
12.00
12.00
12.00
12.00
12.00
12.00
12.00
TN to Lake
(Ib/yr)
289,618
110,698
148,670
154,463
79,645
45,615
22,526
27,514
1,609
1,400
1,558
1,059
864
1,227
672
847
1,105
608
460
329
438
767
438
336
326
351
252
254
269
149
201
230
140
135
123
64
75
92
895,127
881,757
13,370
8.0%
TP at EOP
(Ib/yr)
80,899
32,359
24,270
24,270
15,169
7,079
5,056
4,551
404
_________303_
499
304
262
244
244
244
219
195
183
152
152
152
143
122
107
91
91
73
70
69
61
46
37
30
27
26
24
18
TP to Lake
(Ib/yr)
35,595
13,591
16,746
17,717
8,494
5,026|
2,781"
3,731
174
_______149_
230
149
136
185
100
119
167
90
69
52
72
116
64
50
48
53
37
36
41
23
32
35
21
20
18
10
11
14
106,001
104,004
1,996
5.0°/c
Qpmt
(MGD)
40.0
16.0
12.0
12.0
7.5
3.5
2.5
2.25
0.20
0.15
0.082
0.050
0.043
0.040
0.040
0.040
0.036
0.032
0.030
0.025
0.025
0.025
0.0235
0.020
0.0175
0.015
0.015
0.012
0.0115
0.0113
0.010
0.0075
0.006
0.005
0.0045
0.0042
0.004
0.003
96.74
Avg Cone
EOP (mg/L)
0.66
0.66
0.66
0.66
0.66
0.66
0.66
0.66
0.66
________0.66
2.00
2.00
2.00
2.00
2.00
2.00
2.00
2.00
2.00
2.00
2.00
2.00
2.00
2.00
2.00
2.00
2.00
2.00
2.00
2.00
2.00
2.00
2.00
2.00
2.00
2.00
2.00
2.00
198,243 PS Alloc'n, Ib/yr EOP
0.66 mg/LTP, Lg
_______2.00 mg/LTP, Sm
PS Alloc'n, Ib/yr at Lake:
Ib/yr TP, Lg:
_____________Ib/yr TP, Sm:
Calc'd redxn at Lake:
TN at EOP
(Ib/yr)
643,595
257,438
193,078
193,078
120,674
56,315
40,225
36,202
3,218
_______2,413
2,995
1,826
1,571
1,461
1,461
1,461
1,315
1,169
1,096
913
913
913
858
731
639
548
548
438
420
413
365
274
219
183
164
153
146
_________110
1,569,542 PS A Hoc' n, lb/ y r EOP
5.29 mg/LTTi Lg
________12.00 mg/LTr|Sm
PS Alloc'n, Ib/yr at Lake:
Ib/yr TF< Lg:
______________Ib/yr TH Sm:
______Calc'd redxn at Lake: