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HomeMy WebLinkAboutNC0027227_Final Permit_20040224o February 13, 2004 Dear Mr. Williams: Response to comments from Mr. John Funk, Crown Central (919) 733-7015Raleigh, NC 27699-1617Division of Water Quality 1617 Mail Service Center In accordance with the application for a discharge permit received from Crown Central Petroleum Corporation on August 13, 2002, the Division is forwarding herewith the subject NPDES permit. This permit is issued pursuant to the requirements of North Carolina General Statute 143-215.1 and the Memorandum of Agreement between North Carolina and the U.S. Environmental Protection Agency dated May 9, 1994 (or as subsequently amended.) The provisions of this final permit are the same as those of the revised draft permit transmitted to Crown Central by our December 11, 2003 letter. We have transferred the permit over to Center Terminal Company in accordance with the name change form submitted. During the permit comment period, and before DWQ receipt of the ownership change form, Mr. John Funk provided comments on the draft permit. If any parts, measurement frequencies, or sampling requirements contained in this permit are unacceptable to you, you have the right to an adjudicatory hearing upon written request within thirty days following receipt of this letter. This request must be in the form of a written petition, conforming to Chapter 150B of the North Carolina General Statutes, and filed with Subject: Issuance of NPDES Permit NC0027227 Center Terminal Company Selma Terminal Johnston County Michael F. Easley Governor William G. Ross Jr., Secretary North Carolina Department of Environment and Natural Resources ______________ a) Concerning the requirement for a certified operator. The Division agrees that a certified operator is not required for the oil/water separator treating waters bound for off-site recycling. However, an operator is required for the other separator which discharges to Outfall 001. b) Concerning the permit special conditions for MTBE monitoring. The Division is applying this special condition to all bulk oil terminals around the state as their NPDES permits come up for renewal. NCDENR Customer Service 1 800 623-7748 Alan W. Klimek, P.E. Director Division of Water Quality ——— Richard Williams Center Terminal Company - Selma Terminal 2999 West Oak Street Selma, North Carolina 27576 s>/r a. J Mr. Richard Williams Page 2 January 23, 2004 cc: Raleigh Regional Office Central Files NPDES Unit files Aquatic Toxicology Please note that this permit is not transferable except after notice to the Division. The Division may require modification or revocation and reissuance of the permit. This permit does not affect the legal requirements to obtain other permits which may be required by the Division of Water Quality or permits required by any other federal, state, or local government. Please contact Ken Pickle at (919) 733-5083 ext. 584 with any comments or questions. Sincerely, Criginai Signed A. Goodrir Alan W. Klimek, P.E. the Office of Administrative Hearings, Mail Service Center 6714, Raleigh, North Carolina 27699-6714. Unless such demand is made, this decision shall be final and binding. Permit NC0027227 PERMIT Center Terminal Company is hereby authorized to discharge wastewater from an outfall located at the This permit shall become effective March 1,2004. This permit and authorization to discharge shall expire at midnight on March 31,2008. Signed this day February 13, 2004. to receiving waters designated as an unnamed tributary of Mill Creek within the Neuse River Basin in accordance with effluent limitations, monitoring requirements, and other conditions set forth in Pails I. II, III and IV hereof. In compliance with the provision of North Carolina General Statute 143-215.1, other lawful standards and regulations promulgated and adopted by the North Carolina Environmental Management Commission, and the Federal Water Pollution Control Act, as amended, STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES DIVISION OF WATER QUALITY TO DISCHARGE WASTEWATER UNDER THE NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM (NPDES) Center Terminal Company - Selma Terminal 2999 West Oak Street Selma, North Carolina Johnston County Original Signed By Qoyjd A. GoaWtt- Alan W. Klimek, P. E. Division of Water Quality By Authonty of the Environmental Management Commission Permit NC0027227 SUPPLEMENT TO PERMIT COVER SHEET Center Terminal Company is hereby authorized: 1. 2. 3. located at the Center Terminal Company - Selma Terminal, 2999 West Oak Street, Selma, North Carolina; to continue to discharge stormwater runoff from the aboveground storage tank containment area via Outfall 001; to discharge at the locations specified on the attached map into an unnamed tributary to Mill Creek in the Neuse River Basin, a class WS-IV NSW stream. All previous NPDES Permits issued to this facility, whether for operation or discharge are hereby revoked, and as of this 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 described herein. to continue to operate the existing Water Pollution Control System consisting of: • two oil/water separators, and • a holding tank. NC Hwy 1900 9 i/S.2 Center Terminal Company North ('A Facility Location not to scale /1' !! State Grid/Quad: E 25 SE / Selma, NC Pemritted Flow: Episodic - not limited Receiving Stream: LIT of Mill Creek NPDES Permit No. NC0027227 ______Johnston County______ . ‘^s'ewage- . .Disposal r,: ■u /■ - s_- ’( h \ <' Outfall 001 (flows south) 35° 33’ 04” N 78° 18’ 49” W x / ■( P T J4 rpa Memorial-o \ Cer^- Wl' A rt / 3^ /j'O-r'y—-'/• / s6nd and Gravel ( Z Zz'/'ts //>>• j") y // \ / X /N N Selma Terminal Sub-Basin: 03-04-02 Stream Class: WS-IV.NSW Drainage Basin: Neuse River Basin Ji I.-.a , ^'-4 \( f . •x"^A.t»rp*ood - I 7-1 7 h" -- - - nN -v/^ •ft ;' -ft y y <> Permit NC0027227 PARI I A. (1.) EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS 45.0 mg/L 1.19 ug/L 1. 2. 3. 4. The permittee shall not discharge floating solids or foam visible in other than trace amounts. The permittee shall not discharge tank solids, tank bottom water, or the tank rag layer. The permittee shall not discharge tank (or pipe) contents following hydrostatic testing unless benzene concentration is less than 1.19 /zg/L and toluene concentration is less than 11 /tg/L. EFFLUENT CHARACTERISTICS Daily Maximum c. d. Measurement Frequency Episodic Monthly Quarterly Monthly Monthly Monthly Monthly Monthly Monthly Monthly 2/Year Annually Sample Type 1 Grab Grab Grab Grab Grab Grab Grab Grab Grab Grab Grab MONITORING REQUIREMENTS Sample Location Effluent Effluent Effluent Effluent Effluent Effluent Effluent Effluent Effluent Effluent Effluent Effluent Flow1______________ Total suspended solids Turbidity___________ Oil and grease2______ Benzene____________ Toluene____________ Ethylbenzene_______ Xylene_____________ Phenol_____________ MTBE3 EPA 624/625_______ Acute toxicity4 Beginning on the effective date of the permit and lasting until expiration, the permittee is authorized to discharge from Outfall 001. Such discharges shall be limited and monitored by the permittee as specified below: _______LIMITS Monthly Average Footnotes: Flow - During periods of no flow, the pemuttee shall submit a monthly Discharge Monitoring Report (DMR) indicating "No discharge." Flow shall be monitored with each discharge event and may be monitored in one of four ways: a. b. measure flow continuously; Rational Method -- calculate How based on total rainfall per area including built-on area draining to the outfall (This method shall not be used at sites with large runoff-collection ponds); estimate flow al 20-minute intervals during the entire discharge event; or report flow based on discharge pump logs. Oil and Grease - Where possible, the grab sample for oil and grease should be skimmed from the surface of a quiescent (calm water) zone. MTBE - See section A. (2.) Effluent Limitations and Monitoring Requirements Special Conditions - MTBE Monitoring for other requirements relating to MTBE. Acute Toxicity - Annual. Fathead Minnow, 24-hour. See section A. (3.) Effluent Limitations and Monitoring Requirements Special Conditions - Acute Toxicity Monitoring. Permit NC0027227 2. A. (2.) EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS SPECIAL CONDITIONS - MTBE MONITORING 4. The Division anticipates that an MTBE regulatory criterion or Water Quality Standard will be established during the coming permit cycle. For the next cycle of permit renewals, i.e., 2006, the Division expects to apply this criterion or standard to MTBE data collected during this permit cycle. Should the permittee’s MTBE data indicate discharge in excess of this criterion or Water Quality Standard, an MTBE limit will be added to the permit monitoring requirements at renewal. After a one-year test period of monthly monitoring or after twelve (12) discharge events have been sampled and analyzed, the permittee shall review MTBE data. If MTBE is not detected, the facility may request the Division to reduce the MTBE monitoring frequency. Granting this request shall constitute a minor modification to the NPDES permit. North Carolina Division of Water Quality Water Quality Section Attn: NPDES Unit 1617 Mail Service Center Raleigh, NC 27699-1617 3. If MTBE is detected during the test period, the permittee shall submit an MTBE Reduction Plan. This plan may include site-specific Best Management Practices (BMPs) or engineering solutions. A copy of this plan shall be submitted to: 1. Monthly monitoring for MTBE (except as modified under 2.) is required for the duration of the permit. See Pail A. (1.). For the protection of public health, oil terminals discharging to waters classified as water supplies (“WS” waters) shall adhere to the following action plan: Pennit NC0027227 A. (3.) EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS SPECIAL CONDITIONS - ACUTE TOXICITY MONITORING (ANNUAL) Completed Aquatic Toxicity Test Forms shall be filed with the Environmental Sciences Branch no later than 30 days after the end of the reporting period for which the report is made. Attention: North Carolina Division of Water Quality Environmental Sciences Branch 1621 Mail Service Center Raleigh, North Carolina 27699-1621 The parameter code for this test is TAE6C. All toxicity testing results required as part of this permit condition will be entered on the Effluent Discharge Form (MR-1) for the month in which it was performed, using the appropriate parameter code. Additionally, DWQ Form AT-1 (original) is to be sent to the following address: Test data shall be complete and accurate and include all supporting chemical/physical measurements performed in association with the toxicity tests, as well as all dose/response data. Total residual chlorine of the effluent toxicity sample must be measured and reported if chlorine is employed for disinfection of the waste stream. NOTE: Failure to achieve test conditions as specified in the cited document, such as minimum control organism survival 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. Should any test data from either these monitoring requirements 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. The permittee shall conduct annual toxicity tests using protocols defined as definitive in EPA Document EPA/600/4-90/027 entitled “Methods for Measuring the Acute Toxicity of Effluents to Freshwater and Marine Organisms.” The monitoring shall be performed as a Fathead Minnow (Pimephales promelas) 24-hour static test. Effluent samples for self-monitoring purposes must be obtained below all waste treatment. The permittee will conduct one test annually, with the annual period beginning in January of the calendar year of the effective date of the permit. The annual test requirement must be performed and reported by June 30. If no discharge occurs by June 30, notification will be made to the Division by this date. Toxicity testing will be performed on the next discharge event for the annual test requirement. Section A, Definitions collected twice per month with at least ten calendar days between sampling events. three separate calendar days. Version 6/20/2003 PART II STANDARD CONDITIONS FOR NPDES PERMITS £ Permit Requirements Page 1 of 16 Arithmetic Mean The summation of the individual values divided by the number of individual values. Act or "the Act" The Federal Water Pollution Control Act, also known as the Clean Water Act, as amended, 33 USC 1251, et. seq. Calendar Quarter One of the following distinct periods: January through March, April through June, July through September, and October through December. 3/Week Samples 2/Month Samples arc are collected three times per week on ni^BL case of fecal Bypass The known diversion of waste streams from any portion of a treatment facility including the collection system, which is not a designed or established or operating mode for the facility. Calendar Day The period from midnight of one day until midnight of the next day. However, for purposes of this permit, anv consecutive 24-hour period that reasonably represents the calendar day may be used for sampling. Composite Sample A sample collected over a 24-hour period by continuous sampling or combining grab samples of at least WO ml in such a manner as to result in a total sample representative of the wastewater discharge during the sample period. The Director may designate the most appropriate method (specific number and size of aliquots necessary, the time interval between grab samples, etc.) on a case-by-case basis. Samples may be collected manually or automatically. Composite samples may be obtained by the following methods: (1) Continuous: a single, continuous sample collected over a 24-hour period proportional to the rate of flow. (2) Constant time/vanable 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 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. This method may only be used in situations where effluent flow rates vary less than 15 percent. The grab samples shall be taken at intervals of no greater than 20 minutes apart during any 24-hour period and must be of equal size and of no less than 100 milliliters. Use of this method requires prior approval by the Director. Annual Average The arithmetic mean of all "daily discharges" of a pollutant measured during the calendar year. In the coliform, the geometric mean of such discharges. Flow shall be [detection level]”) shall be considered = 1. Version 6/20/2003 NPDES Permit Requirements Page 2 of 16 sample and flow will be representative of the total Instantaneous flow measurement A measure of flow taken at the time of sampling, when both the discharge. Daily .Maximum The highest “daily discharge” during the calendar month. Hazardous Substance Any substance designated under 40 CFR Part 116 pursuant to Section 311 of the Clean Water Act. EMC The North Carolina Environmental Management Commission. Geometric Mean The Nth root of the product of the individual values where N = the number of individual values. For purposes of calculating the geometric mean, values of “0” (or “< [detection level]”) shall be considered = 1. In accordance with (4) above, influent grab samples shall not be collected more than once per hour. Effluent grab samples shall not be collected more than once per hour except at wastewater treatment systems having a detention time of greater than 24 hours. In such cases, effluent grab samples may be collected at intervals evenly spaced over the 24-hour period that are equal in number of hours to the detention time of the system in number of days. However, the interval between effluent grab samples may not exceed six hours nor the number of samples less than four during a 24-hour sampling period. Daily Sampling Parameters requiring daily sampling shall be sampled 5 out of every 7 days per week unless otherwise specified in the permit. The Division expects that sampling 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). DWQ or “the Division” 1 he Division of Water Quality, Department of Environment and Natural Resources. 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 122.3) Continuous flow measurement Flow monitoring that occurs without interruption throughout the operating hours of the facility, monitored continually except for the infrequent times when there may be no flow or for infrequent maintenance activities on the flow device. 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). Facility Closure The cessation of wastewater treatment at a permitted facility, or the cessation of all activities that require coverage under the NPDES. Completion of facility closure will allow this permit to be rescinded. N Section B. General Conditions 1. a. c. Version 6/20/2003 Quarterly Average (concentration limit) The average of all samples taken over a calendar quarter. Permit Issuing Authority The Director of the Division of Water Quality. 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. S Permit Requirements Page 3 of 16 Put}’ to Comply The Permittee must comply with all conditions of this permit. Any permit noncompliance constitutes a violation of the Clean Water Act and is grounds for enforcement action; for permit termination, revocation and reissuance, or modification; or denial of a permit renewal application [40 CFR 122.41]. Toxic Pollutant: Any pollutant listed as toxic under Section 307(a)(1) of the Clean Water Act. case of fecal 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. b. The Clean Water Act provides that any person who violates section 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 $25,000 per day for each violation. [40 CFR 122.41 (a) (2)] The Permittee shall comply with effluent standards or prohibitions established under section 307(a) of the Clean Water Act for toxic pollutants and with standards for sewage sludge use or disposal established under section 405(d) of the Clean Water Act within the time provided in the regulations that establish these standards or prohibitions or standards for sewage sludge use or disposal, even if the permit has not yet been modified to incorporate the requirement. The Clean Water Act 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 $2,500 to $25,000 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 $50,000 per day of violation, or by imprisonment of not more than 2 years, or both. [40 CFR 122.41 (a) (2)] 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. Weekly Average (concentration limit) The arithmetic mean of all "daily discharges" of a pollutant measured during the calendar week. In the coliform, the geometric mean of such discharges. e. f. g- Version 6/20/2003 NPDES Permit Requirements Page 4 of 16 or offshore physical structures or 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 §10,000 per violation, with the maximum amount of any Class I penalty assessed not to exceed $25,000. Penalties for Class II violations are not to exceed $10,000 per day for each day during which the violation continues, with the maximum amount of any Class II penalty not to exceed $125,000. [40 CFR 122.41 (a) (3)] 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 $25Q,000 or imprisonment of not more than 15 years, or both. In the case of a second or subsequent conviction for a knowing endangerment violation, a person shall be subject to a fine of not more than $500,000 or by imprisonment of not more than 30 years, or both. An organization, as defined in section 309(c)(3)(B)(iii) of the CWA, shall, upon conviction of violating the imminent danger provision, be subject to a fine of not more than $1,000,000 and can be fined up to $2,000,000 for second or subsequent convictions. [40 CFR 122.41 (a) (2)] 4. 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. d. Any person who knowingly violates such sections, or such conditions or limitations is subject to criminal penalties of $5,000 to $50,000 per day of violation, or imprisonment for not more than 3 years, or both. 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 $100,000 per day of violation, or imprisonment of not more than 6 years, or both. [40 CFR 122.41 (a) (2)] Under state law, a civil penalty of not more than $25,000 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] 6. 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. 5. Property Rights The issuance of this permit does not convey any property rights in either real or personal property, or any exclusive privileges, nor does it authorize any injury to private property or any invasion of personal rights, nor any infringement of Federal, State or local laws or regulations [40 CFR 122.41 (g)]. 3. 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 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. 2. Duty to Mitigate The Permittee shall take all reasonable steps to minimize or prevent any discharge or sludge use or disposal in violation of this permit which has a reasonable likelihood of adversely affecting human health or the environment [40 CFR 122.41 (d)]. 7. 8. 9. a. 3. Version 6/20/2003 1. 2. S Permit Requirements Page 5 of 16 activity regulated by this permit after the expiration date of this permit, the permit [40 CFR 122.41 (b)]. 11. Signatory Requirements All applications, reports, or information submitted to the Permit Issuing Authority shall be signed and certified [40 CFR 122.41 (k)]. Duty to Reapply If the Permittee wishes to continue an Permittee must apply for and obtain a new b. AU reports required by the permit and other information requested by the Permit Issuing Authority shaU be signed by a person described in paragraph a. above or by a duly authorized representative of that person. Asigned by a person described in paragraph a. above 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 weU field, superintendent, a position of equivalent responsibility7, 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] Duty to Provide Information I he 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)]. 10. Expiration of Permit The Permittee is not authorized to discharge after the expiration date. In order to receive automatic authorization to discharge beyond the expiration date, the Permittee shall submit such information, forms, and fees as are required by the agency authorized to issue permits no later than 180 days prior to the expiration date. Any Permittee that has not requested renewal at least 180 days prior to expiration, or any Permittee that does not have a permit after the expiration and has not requested renewal at least 180 days prior to expiration, will subject the Permittee to enforcement procedures as provided in NCOS 143-215.6 and 33 USC 1251 et. seq. All permit applications shall be signed as follows: (1) For a corporation: by a responsible corporate officer. For the purpose of this Section, a responsible corporate officer means: (a) a president, secretary’, treasurer or vice president of the corporation in charge of a principal business function, or any other person who performs similar policy or decision making functions for the corporation, or (b) the manager of one or more manufacturing, production, or operating facilities, provided, the manager is authorized to make management decisions which govern the operation of the regulated facility including having the explicit or implicit duty of making major capital investment recommendations, and 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]. 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-23J. Section C. Operation and Maintenance of Pollution Controls Version 6/20/2003 NPDES Permit Requirements Page 6 of 16 The ORC of each Class I facility must: > Visit the facility at least weekly > Comply with all other conditions of ISA NCAC 8G.0204. 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 ISA NCAC 2H.0105 (b) (4) 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 Title 40, Code of Federal Regulations, Parts 122 and 123; Tide ISA of the North Carolina Administrative Code, Subchapter 2H .0100; and North Carolina General Statute 143-215.1 et. al. Once the facility is classified, the Permittee shall submit a letter to the Certification Commission designating the operator in responsible charge: a. Within 60 calendar days prior to wastewater being introduced into a new system The ORC of each Class II, III and IV facility must: r Visit the facility at least daily, excluding weekends and holidays > Properly manage and document daily operation and maintenance of the facility > Comply with all other conditions of ISA NCAC 8G.0204. 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)]. d. Certification. Any person signing a document under paragraphs a. or b. of this section shall make the following certification [40 CFR 122.22]: "I certify, under penalty of law, that this document and all attachments were prepared under my direction or supervision in accordance with a system designed to assure that qualified personnel properly gather and evaluate the information submitted. Based on my inquiry of the person or persons who manage the system, or those persons directly responsible for gathering the information, the information submitted is, to the best of my knowledge and belief, true, accurate, and complete. I am aware that there are significant penalties for submitting false information, including the possibility of fines and imprisonment for knowing violations." 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 currently 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 [ISA NCAC 8G.0201]. back-up ORC. 3. 4. c. a. Version 6/20/2003 .S Permit Requirements Page 7 of 16 Bypass not exceeding limitations [40 CFR 122.41 (m) (2)] The Permittee may allow any bypass to occur which does not cause effluent limitations to be exceeded, but only if it also is for essential maintenance to assure efficient operation. These bypasses are not subject to the provisions of Paragraphs b. and c. of this section. N^l: Bypassing of Treatment Facilities a. 5. Upsets Effect of an upset [40 CFR 122.41 (n) (2)]: An upset constitutes an affirmative defense to an action brought for noncompliance with such technology’ based permit effluent imitations if the requirements of paragraph b. of this condition are met. No determination made during administrative review of claims that (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’. 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. 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 vacancy in the position of ORC or 2. 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)]. 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 II. E. 6. (24-hour notice). 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 (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. unanticipated bypass as required in Part d. Section D. Monitoring and Records 1. Version 6/20/2003 noncompliance subject to judicial NC DENR / Division of Water Quality / Water Quality Section ATTENTION: Central Files 1617 Mail Service Center Raleigh, North Carolina 27699-1617 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. NPDES Permit Requirements Page 8 of 16 was caused by upset, and before an action for noncompliance, is final administrative action review. 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)]. 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. 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: 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 28th day following the completed reporting period. b. Conditions necessary for a demonstration of upset: A Permittee who wishes to establish the affirmative defense of upset shall demonstrate, through properly signed, contemporaneous operating logs, or other relevant evidence that: (1) An upset occurred and that the Permittee can identify the cause(s) of the upset; (2) The Permittee facility was at the time being properly operated; and (3) The Permittee submitted notice of the upset as required in Part II. E. 6. (b) (B) of this permit. (4) The Permittee complied with any remedial measures required under Part II. B. 2. of this permit. 6. Removed Substances Solids, sludges, filter backwash, or other pollutants removed in the course of treatment or control of wastewaters shall be utilized/disposed of in accordance with NCGS 143-215.1 and in a manner such as to prevent any pollutant from such materials from entering waters of the State or navigable waters of the United States.- The Permittee shall comply with all existing Federal regulations governing the disposal of sewage sludge. Upon promulgation of 40 CFR Part 503, any permit issued by the Permit Issuing Authority for the utilization/disposal of sludge may be reopened and modified, or revoked and reissued, to incorporate applicable requirements at 40 CFR 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 practices. 3. 4. 5. 6. 7. Recording Results Version 6/20/2003 > > S Permit Requirements Page 9 of 16 Nlfllj Test Procedures Test procedures for the analysis of pollutants shall conform to the EMC regulations (published pursuant to NCGS 143-215.63 et. seq.), the Water and Air Quality Reporting Acts, and to regulations published pursuant to Section 304(g), 33 USC 1314, of the Federal Water Pollution Control Act (as Amended), and 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], Penalties for Tampering The Clean Water Act provides that any person who falsifies, tampers with, or knowingly renders inaccurate, any monitoring device or method required to be maintained under this permit shall, upon conviction, be punished by a fine of not more than 510,000 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 520,000 per day of violation, or by imprisonment of not more than 4 years, or both [40 CFR 122.41]. 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. Flow Measurements Appropriate flow measurement devices and methods consistent with accepted scientific practices shall be selected and used to ensure the accuracy and reliability of measurements of the volume of monitored discharges. The devices shall be installed, calibrated and maintained to ensure that the accuracy of the measurements 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. 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; For each measurement or sample taken pursuant to the requirements of this permit, the Permittee shall record the following information [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 conunuous 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], 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. 8. a. b. d. Section E Reporting Requirements 1. 2. of the criteria for new sources at 40 CFRa. b. c. 3. 4. 5. a. b. Version 6/20/2003 The analytical techniques or methods used; and The results of such analyses. NPDES Permit Requirements Page 10 of 16 e. f. or activity is located or conducted, or where 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. must be kept under the conditions of this or forms Monitoring Reports Monitoring results shall be reported at the intervals specified elsewhere in this permit [40 CFR 122.41 (1) (4)]. 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)]. Transfers This permit is not transferable to any person except after notice to the Director. The Director may require modification or revocation and reissuance of the permit to document the change of ownership. Any such action may incorporate other requirements as may be necessary under the Clean Water Act [40 CFR 122.41 (1) (3)]. 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. If the Permittee monitors any pollutant more frequently 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. Inspection and Entry The Permittee shall allow the Director, or an authorized representative (including an authorized contractor acting as a representative of the Director), upon the presentation of credentials and other documents as may be required by law, to; Enter upon the Permittee's premises where a regulated facility records must be kept under the conditions of this permit; Have access to and copy, at reasonable times, any records that permit; Inspect at reasonable times any facilities, equipment (including monitoring and control equipment), practices, or operations regulated or required under this permit; and Sample or monitor at reasonable times, for the purposes of assuring permit compliance or as otherwise authorized by the Clean Water Act, any substances or parameters at any location [40 CFR 122.41 (i)]. 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: The alteration or addition to a permitted facility may meet one 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 alternation, addition or change may justify the application of permit conditions that are different from or absent in the existing permit, including notification of additional use or disposal sites not reported during the permit application process or not reported pursuant to an approved land application plan. 6. 7. 8. Version 6/20/2003 b. The Director may waive the written report on a case-by-case basis for reports under this section if the oral report has been received within 24 hours. *S Permit Requirements Page 11 of 16 or the appropriate regional office of the on the next working day following the 11. Penalties for Falsification of Reports The Clean Water Act provides that any person who knowingly makes any false statement, representation, or certification in any record or other document submitted or required to be maintained under this permit, including monitoring reports or reports of compliance or noncompliance shall, upon conviction, be punished by a fine of Occurrences outside normal business hours may also be reported to the Division’s Emergency Response personnel at (800) 662-7956, (800) 858-0368 or (919) 733-3300. 10. Availability of Reports Except for data determined to be confidential under NCOS 143-215.3 (a)(2) or Section 308 of the Federal Act, 33 USC 1318, all reports prepared in accordance with the terms shall be available for public inspection at the offices of the Division of Water Quality7. 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. Persons reporting such occurrences by telephone shall also file a written report within 5 days following first knowledge of the occurrence. 9. Noncompliance Notification The Permittee shall report by telephone to either the central office Division as soon as possible, but in no case more than 24 hours or occurrence or first knowledge of the occurrence of any of the following: Other Noncompliance The Permittee shall report all instances of noncompliance not reported under Part II. E. 5 and 6. of this permit at the time monitoring reports are submitted. The reports shall contain the information listed in Part II. E. 6. of this permit [40 CFR 122.41 (1) (7)]. Other Information \XTiere 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)]. Twenty-four I lour 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 the noncompliance, and its cause; the period of noncompliance, including exact dates and times, and if the noncompliance has not been corrected, the anticipated time it is expected to continue; and steps taken or planned to reduce, eliminate, and prevent reoccurrence of the noncompliance [40 CFR 122.41 (1) (6)]. a. Any occurrence at the water pollution control facility which results in the discharge of significant amounts of wastes which are abnormal in quantity or characteristic, such as the dumping of the contents of a sludge digester; the known passage of a slug of hazardous substance through the facility; or any other unusual circumstances. b. Any process unit failure, due to known or unknown reasons, that render the facility' incapable of adequate wastewater treatment such as mechanical or electrical failures of pumps, aerators, compressors, etc. c. 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. b. Version 6/20/2003 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): Section B. Groundwater Monitoring The Permittee shall, upon written notice from the Director of the Division of Water Quality, conduct groundwater monitoring as may be required to determine the compliance of this NPDES permitted facility with the current groundwater standards. PART III OTHER REQUIREMENTS NPDES Permit Requirements Page 12 of 16 not more than $25,000 per violation, or by imprisonment for not more than two years per violation, or by both [40 CFR 122.41]. 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 pg/L) for acrolein and acrylonitrile; five hundred micrograms per liter (500 pg/L) for 2.4-dinitrophenol and for 2-methyl-4.6-dinitrophenol; and one milligram per liter 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 The 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. per liter (500 pg/L) for 2.4-dinitrophenol and for 2-methvl-4.6-dinitrophenol; and (1 mg/L) for antimony; (3) Five times the maximum concentration value reported for that pollutant in the permit application. 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 pg/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 D. Evaluation of Wastewater Discharge Alternatives The 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. a. That any activity has occurred or will occur which would result in the discharge, on a routine or frequent 12. 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 Authority 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 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. Section A. Publicly Owned Treatment Works fPOTWs) 1. 2.indirect discharger 3. Section B. Municipal Control of Pollutants from Industrial Users. 1. 2. a. b. d. e. f. g- h. 3. 4. Version 6/20/2003 PART IV SPECIAL CONDITIONS FOR MUNCIPAL FACILITIES (1) the quality and quantity of ; on the quantity or quality The Permittee shall require any industrial discharges sending influent to the permitted system to meet Federal Pretreatment Standards promulgated in response to Section 307(b) of the Act. Prior to accepting wastewater from any significant industrial user, the Permittee shall either develop and submit to the or fumes within the POTW in a 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. *S Permit Requirements Page 13 of 16 adverse impacts to waters of the State. This permit cannot be rescinded while any activities requiring this permit continue at the permitted facility. All POTWs must provide adequate notice to the Director of the following: Any new introduction of pollutants into the POTW' from an indirect discharger which would be subject to section 301 or 306 of CWA if it were directly discharging those pollutants; and Any substantial change in the volume or character of pollutants being introduced by an 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 POTW, and (2) any anticipated impact of the change of effluent to be discharged from the POTW. Effluent limitations are listed in Part I of this permit. Other pollutants attributable to inputs from industries using the municipal system may be present in the Permittee's discharge. At such time as sufficient information becomes available to establish limitations for such pollutants, this permit may be revised to specify effluent limitations for any or all of such other pollutants in accordance with best practicable technology or water quality standards. Under no circumstances shall the Permittee allow introduction of the following wastes in the waste treatment system: Pollutants which create a fire or explosion hazard in the POTW, including, but not limited to, wastestreams with a closed cup flashpoint of less than 140 degrees Fahrenheit or 60 degrees Cendgrade using the test methods specified in 40 CFR 261.21; Pollutants which will cause corrosive structural damage to the POTW, but in no case Discharges with pH lower than 5.0, unless the works is specifically designed to accommodate such Discharges; Solid or viscous pollutants in amounts which will cause obstruction to the flow in the POTW resulting in Interference; Any pollutant, including oxygen demanding pollutants (BOD, etc.) released in a Discharge at a flow rate and/or pollutant concentration which will cause Interference with the POTW'; Heat in amounts which will inhibit biological activity in the POTW resulting in Interference, but in no case heat in such quantities that 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, quantity that may cause acute worker health and safety problems; Any trucked or hauled pollutants, except at discharge points designated by the POTW. 5. Section C. Pretreatment Programs 1. 2. of the sewer collection 3. 4. every five 5. Version 6/20/2003 Division a Pretreatment Program for approval per 15A NCAC 2H .0907(a) Pretreatment Program per 15A NCAC 2H .0907(b). NPDES Permit Requirements Page 14 of 16 existing Sewer Use Ordinance (SUO) The Permittee shall maintain adequate legal authority to implement its approved pretreatment program. Industrial Waste Survey (I\X’S) The Permittee shall update its Industrial Waste Survey (IWS) to include all users system at least once ever}’ five years. The Permittee shall operate its approved pretreatment program in accordance with Section 402(b)(8) of the Clean Water Act, the Federal Pretreatment Regulations 40 CFR Part 403, the State Pretreatment Regulations 15A NCAC 2H .0900, and the legal authorities, policies, procedures, and financial provisions contained in its pretreatment program submission and Division approved modifications there of. Such operation shall include but is not limited to the implementation of the following conditions and requirements: Under authority of sections 307(b) and (c) and 402(b)(8) of the Clean Water Act and implementing regulations 40 CFR Part 403, North Carolina General Statute 143-215.3 (14) and implementing regulations 15A NCAC 2H .0900, and in accordance with the approved pretreatment program, all provisions and regulations contained and referenced in the Pretreatment Program Submittal are an enforceable part of this permit. Industrial User Pretreatment Permits (IUP) & Allocation Tables In accordance with NCGS 143-215.1, the Permittee shall issue to all significant industrial users, permits for operation of pretreatment equipment and discharge to the Permittee's treatment works. These permits shall contain limitations, sampling protocols, reporting requirements, appropriate standard and special conditions, and compliance schedules as necessary for the installation of treatment and control technologies to assure that their wastewater discharge will meet all applicable pretreatment standards and requirements. The Permittee shall maintain a current Allocation Table (AT) which summarizes the results of the Headworks Analysis (HWA) and the limits from all Industrial User Pretreatment Permits (IUP). Permitted IUP loadings for each parameter cannot exceed the treatment capacity’ of the POTW as determined by’ the HWA. Headworks Analysis (HWA) and Local Limits The Permittee shall obtain Division approval of a Headworks Analysis (HWA) at least once 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 122.42]. 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. or modify an Monitoring Plan The Permittee shall implement a Division approved Monitoring Plan for the collection of facility specific data to be used in a wastewater treatment plant Headworks Analysis (HWA) for the development of specific pretreatment local limits. Effluent data from the Plan shall be reported on the DMRs (as required by Part II, Section D, and Section E.5.). This permit shall be modified, or alternatively, revoked and reissued, to incorporate or modify an approved POTW Pretreatment Program or to include a compliance schedule for the development of a POTW Pretreatment Program as required under Section 402(b)(8) of the Clean Water Act and implementing regulations or by the requirements of the approved State pretreatment program, as appropriate. r 6. 7. 8. 9. W. a.) b.) c-) d.) Version 6/20/2003 N 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: Pretreatment Annual Reports (PAR) The Permittee shall report to the Division in accordance with 15A NCAC 2H .0908. In lieu of submitting annual reports. Modified Pretreatment Programs developed under 15A NCAC 2H .0904 (b) may be required to meet with Division personnel periodically to discuss enforcement of pretreatment requirements and other pretreatment implementation issues. Enforcement Response Plan (ERP) I he Permittee shall enforce and obtain .appropriate remedies for violations of all pretreatment standards promulgated pursuant to section 307(b) and (c) of the Clean Water Act (40 CFR 405 et. seq.), prohibitive discharge standards as set forth in 40 CFR 403.5 and 15A NCAC 2H .0909, and specific local limitations. All enforcement actions shall be consistent with the Enforcement Response Plan (ERP) approved by the Division. Inspect all Significant Industrial Users (SIUs) at least once Sample all Significant Industrial Users (SIUs) at least twice per calendar year for all permit­ limited pollutants, once during the period from January 1 through June 30 and once during the period from July 1 through December 31, except for organic compounds which shall be sampled once per calendar year; I^^S Permit Requirements Page 15 of 16 SIU Self Monitoring and Reporting The Permittee shall require all industrial users to comply with the applicable monitoring and reporting requirements outlined in the Division approved pretreatment program, the industry's pretreatment permit, or in 15ANCAC 2H .0908. These reports shall be submitted according to a schedule established by the Director and shall contain the following: POTW Inspection & Monitoring of their SIUs The Permittee shall conduct inspection, surveillance, and monitoring activities as described in its Division approved pretreatment program in order to determine, independent of informadon supplied by industrial users, compliance with applicable pretreatment standards. The Permittee must: a. Inspect all Significant Industrial Users (SIUs) at least once per calendar year; and b. ‘ NC DENR / DWQ / Pretreatment Unit 1617 Mail Service Center Raleigh, NC 27699-1617 Authorization to Construct (A to C) The Permittee shall ensure that an Authorization to Construct permit (AtC) is issued to all applicable 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. Narrative A brief discussion of reasons for, status of, and actions taken for all Significant Industrial Users (SIUs) in Significant Non-Compliance (SNC); Pretreatment Program Summary (PPS) A pretreatment program summary7 (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 specific forms approved by the Division; Industrial Data Summan- Forms (IPSE) e-) implementation requirements of this permit; 11. shall be published within four months of the applicable twelve-month period. 12. 13. 14. Version 6/20/2003 Funding and Financial Report The Permittee shall maintain adequate funding and staffing levels approved pretreatment program. Public Notice The Permittee shall publish Non-Compliance (SNC) as to accomplish the objectives of its annually a list of Significant Industrial Users (SlUs) that were in Significant defined in the Permittee's Division approved Sewer Use Ordinance with applicable pretreatment requirements and standards during the previous twelve month period. This list Record Keeping The Permittee shall retain for a minimum of three years records of monitoring activities and results, along with support information including general records, water quality records, and records of industrial impact on the POTW. Modification to Pretreatment Programs Modifications to the approved pretreatment program including but not limited to local limits modifications, POTW monitoring of their Significant Industrial Users (SIUs), and Monitoring Plan modifications, shall be considered a permit modification and shall be governed by 15 NCAC 2H 0114 and 15A NCAC 2H .0907. NPDES Permit Requirements Page 16 of 16 Monitoring data from samples collected by both the POTW and the Significant Industrial User (SIU). These analytical results must be reported on Industrial Data Summary Forms (IDSF) or other specific format approved by the Division; Other Information Copies of the POTW’s allocation table, new or modified enforcement compliance schedules, public notice of SIUs in SNC, and any other information, upon request, which in the opinion of the Director is needed to determine compliance with the pretreatment