NC0089168_Permit (Issuance)_20250224

Docusign Envelope ID: E5379F30-8A9D-442E-95E1-AA1OD011791F2
STATE A'
JOSH STEIN n
Governor
D.REID WILSON `
Secretary
RICHARD E.ROGERS,JR. NORTH CAROLINA
Director Environmental Quality
February 24, 2025
Mr. Ron Kopplin
Martin Marietta Materials, Inc.
2235 Gateway Access Point Ste 400
Raleigh,NC 27607
Subject: Final NPDES Permit Renewal
Permit NCO089168
Vanceboro Quarry
Beaufort County
Grade I Physical/Chemical WPCS
SIC Code 1422
Dear Mr. Kopplin:
Division personnel have reviewed and approved your application for renewal of the subject permit.
Accordingly, we are forwarding the attached NPDES permit. This permit is issued pursuant to the
requirements of North Carolina General Statute 143-215.1 and the Memorandum of Agreement
between North Carolina and the U.S. Environmental Protection Agency dated October 15, 2007
(or as subsequently amended).
In response to public comments and the public hearing held on November 19, 2024, the
following changes were made to the draft permit sent to you on August 20, 2024:
• Since both Outfalls 001 & 002 have identical monitoring, monitoring requirements were
organized into one effluent table as Condition A. (1).
• The following changes were made to monitoring frequencies:
o Effluent monitoring for Settleable Solids, pH, Total Suspended Solids (TSS), and
Turbidity was increased to twice per month(2/Month).
o Downstream monitoring for Turbidity,pH, Salinity, and Temperature was
increased to twice per month(2/Month).
o Upstream sampling twice per month (2/Month) for Turbidity, pH, Salinity, and
Temperature was added to establish a database for ambient conditions in Blounts
Creek.
o For effluent,upstream and downstream monitoring, after securing a minimum of
48 sample analyses and sampling over a minimum period of 2 years indicating
compliance, the Permittee may submit a written request for the Division to
reevaluate monitoring measurement frequencies.
• The permit was modified to include the following changes to Turbidity monitoring,
reporting, and sampling requirements, which are now organized as Condition A. (3.).
D North Carolina Department of Environmental Quality I Division of Water Resources
EQ>
512 North Salisbury Street 1 1617 Mail Service Center I Raleigh,North Carolina 27699-1617
NORTH CAROLINA -
oapammwtofeaviffl amiaum 919.707.9000

Docusign Envelope ID:E5379F30-8A9D-442E-95E1-AA10D01179F2
o The discharge shall not cause the turbidity of the receiving waters to exceed 50
NTU. If the turbidity exceeds this level due to natural background conditions, the
discharge level cannot cause any increase in the turbidity in the receiving waters.
See Conditions B. (1.) and C. (1.) for references to BMPs.
o Measurement Frequency for Outfalls and Instream Locations 001, 002, U01, and
DO1: If effluent turbidity exceeds 50 NTU, instream and effluent monitoring shall
be conducted 2/Week until effluent turbidity is less than 50 NTU. Once effluent
turbidity is less than 50 NTU, 2/Month monitoring can be resumed. This
measurement frequency condition shall also be applicable to reporting Turbidity
increase over background [52350] for instream location DO1.
o Field Sampling Certification: In order to utilize Turbidity monitoring as an
instantaneous process control monitoring test [15A NCAC 02B .0505] for BMPs,
a field sampling certification shall be required for effluent and instream monitoring.
Samples shall be analyzed using SM 2130 B-2011 or another approved method.
[15A NCAC 02H .0805, 40 CFR 136]
o Reporting Turbidity, increase over background: Turbidity increase over
background shall be reported in NTU units for all instream samples by reporting
the difference between the upstream turbidity results and the downstream turbidity
results (Downstream Location—Upstream Location= increase over background).
If either the upstream and downstream results are below detection, report the
Practical Quantitation Limit(PQL)value and select"less than"as the data qualifier.
If the calculation results in a negative value, report zero (0) and select "less than"
as the data qualifier. Upstream and Downstream samples used to calculate
Turbidity increase over background shall be collected on the same day.
o Reporting Compliance with Best Management Practices (BMPs) for Turbidity:
Compliance is reported by entering Yes = 1 for compliance or No = 0 for non-
compliance under parameter code 51576 for both Outfalls 001 & 002. The
following reporting guidance shall be applicable to reporting Yes = 1 or No = 0 in
eDMR:
■ Effluent less than 50 NTU's, no further action required. Report "1" for
compliance with permit.
■ Upstream less than 50 NTU's, effluent greater than or equal to 50 NTU's,
then
❖ Report"1" for compliance with permit if the downstream turbidity is
less than or equal to 50 NTU's. No further action needed.
❖ Report"0" for non-compliance if the Downstream turbidity is greater
than 50 NTU's. Assess existing BMP's and processes to determine
which processes and/or BMP's are effective in reducing turbidity and
which are ineffective. Then determine where changes and/or
additional BMP's are necessary to ensure regulatory compliance.
Implement appropriate changes to ensure compliance, document in a
plan and submit to NCDEQ within 30 days. See Condition A. (1.)(c.).
for where to submit revised plan. BMP plan may include holding the
North Carolina Department of Environmental Quality I Division of Water Resources
512 North Salisbury Street 1 1617 Mail Service Center I Raleigh,North Carolina 27699-1617
NORTH CAROLINA
oeparo em of E,,im menUi oar\ /� 919.707.9000

Docusign Envelope ID: E5379F30-8A9D-442E-95E1-AA10D01179F2
discharge of effluent for settling until effluent is less than or equal to
50 NTU's.
■ Upstream greater than 50 NTU's, effluent greater than or equal to 50 NTU's,
then
❖ Report "1" for compliance with permit if the increase to downstream
turbidity is less than or equal to 5 NTU's compared to the upstream
turbidity. No further action needed.
❖ Report"0" for noncompliance if the increase to downstream turbidity
is greater than 5 NTU's compared to the upstream turbidity.
Implement BMP plan requirements which may include holding the
discharge of effluent for settling until less than or equal to 50 NTU's.
• The following observational parameters were added to the effluent table Condition A. (1.)
monitoring twice per month(2/Month):
o Outfall visual observations (parameter code 84130) for deposition at or
immediately below the outfall, erosion at or immediately below the outfall, and
other obvious indicators of stormwater pollution.
o Floating solids or visible foam-visual observations (parameter code 45613)
• Total Rainfall reporting for the facility (parameter code 46529) was added to monitor for
each measurable storm event.
• The condition for Instream Assessment of Biological Integrity was updated to include
sampling at minimum frequency of biennially (once every two years), with the first
sampling event to occur within the first swamp sampling window (February 1 through
March 15) after the commencement of the discharge authorized by the Permit, and
successive sampling events to occur within two years of the previous sampling event during
the swamp sampling window. Sampling methods shall adhere to approved swamp
assessment methodologies.
• The permit map was updated to include benthic sampling sites.
• To address sampling during adverse weather Conditions A. (1.) (b) and A. (2.) (b) were
added to the effluent and instream monitoring pages in accordance with 15A NCAC
2B .0505(c)(4).
• The permit was modified to add Section C - Stormwater Management Requirements with
the following conditions:
o C. (1.) Best Management Practices (BMPS). (Included in the previous version of
the permit.)
o C. (2.) Stormwater Pollution Prevention Plan(SWPPP).
o C. (3.) Definitions for Stormwater Management.
The final permit maintains the following significant changes identified in the letter sent on
August 20, 2024:
• Regulatory citations were added to the permit.
• The supplement to permit cover sheet was updated to include the stream index number and
the HUC code.
North Carolina Department of Environmental Quality I Division of Water Resources
512 North Salisbury Street 11617 Mail Service Center Raleigh,North Carolina 27699-1617
NORTH CAROLINA
oeparo emofE,,im menU10-li\ /� 919.707.9000

Docusign Envelope ID:E5379F30-8A9D-442E-95E1-AA10D01179F2
• The facility classification,Grade I Physical Chemical Water Pollution Control System,was
added to the effluent and instream monitoring [See Condition A. (1.)].
• Parameter codes were added to the effluent and instream monitoring tables [See Conditions
A. (1.) and A. (2.)].
• The monthly average limit of 1.0 mg/L for Total Iron was removed. The EPA approved
removal of North Carolina aquatic life standard for Iron and Manganese as part of 2007-
2016 Triennial review due to high natural occurrence in North Carolina surface waters.
• Instream Monitoring Requirements were reorganized into Condition A. (3.). Sampling
Locations were assigned the following three-digit outfall numbers for electronic reporting
purposes:
o U01 —Upstream near the intersection of Blounts Creek and Chuck Road.
o DO1 — Downstream after the convergence of the flows from the two outfalls in
Blounts Creek, from the access location off of Harper Road.
o D02—Downstream in Blounts Creek at the NC-33 bridge crossing.
• Electronic reporting of discharge monitoring reports (eDMR) was added as Condition A.
(4.).
• Permit conditions for the pumping operation and monitoring plan, best management
practices, chemical treatment, and benthic monitoring requirements were reorganized into
Section B—Special Conditions.
If any parts, measurement frequencies or sampling requirements contained in this permit are
unacceptable to you, you have the right to an adjudicatory hearing upon written request within
thirty(30)days following receipt of this letter.This request must be in the form of a written petition,
conforming to Chapter 150B of the North Carolina General Statutes, and filed with the Office of
Administrative Hearings(6714 Mail Service Center,Raleigh,North Carolina 27699-6714).Unless
such demand is made, this decision shall be final and binding.
The NPDES standard conditions (Parts II, III, and IV) are the same as in your current permit
except that agency and division names have been updated. The latest version is available at
https://bit.ly/3k5NFaL and can be viewed online or downloaded as a PDF file.
Please note that this permit is not transferable except after notice to the Division. The Division
may require modification or revocation and reissuance of the permit. This permit does not affect
the legal requirements to obtain other permits which may be required by the Division of Water
Resources or any other Federal, State, or Local governmental regulations.
If you have any questions concerning this permit, please contact Derek Denard at(919) 707-3618
or via email at [e-mail].
Sincerely,
Signed by:
r � f
62B16AD426A64B6...
Richard E. Rogers, Jr., Director
Division of Water Resources,NCDEQ
North Carolina Department of Environmental Quality I Division of Water Resources
512 North Salisbury Street 11617 Mail Service Center Raleigh,North Carolina 27699-1617
NORTH CAROLINA
oeparo emofE,,im menU10-li\ /� 919.707.9000

Docusign Envelope ID:E5379F30-8A9D-442E-95E1-AA1 OD01 179F2
ec: NPDES Files[Laserfiche]
Martin Marietta Materials,Inc./Ron Kopplin[[e-mail]];
Brian K.North,PE[[e-mail]];Matt Waligora[[e-mail]]
Thomas Brown[[e-mail]];Morgan Crutchfield
[[e-mail]]
Brooks Pierce/Daniel F. Smith [[e-mail]];
Alexander Elkan[[e-mail]];Robert J.King III[[e-mail]]
NCDOJ/Asher P. Spiller[[e-mail]]
NCWRC/Maria Dunn[[e-mail]]
DWR WaRO/David May[[e-mail]];Robert Tankard[[e-mail]]
DWR/Richard Rogers[[e-mail]];Paul A Wojoski[[e-mail]]
Doug Dowden[[e-mail]];Michael Montebello [[e-mail]];
Julie Grzyb [[e-mail]]; Karen Preston[[e-mail]];
WSSBiological Assessment Branch/Eric Fleek[[e-mail]]
Wastewater Operator Certification Group/Jeff Talbott[[e-mail]]
EPA Region 4 [[e-mail]]
Sound Rivers,Inc./Katey Zimmerman[[e-mail]];Heather Deck[[e-mail]]
SELC/Blakely Hildebrand[[e-mail]];Jean Zhuang[[e-mail]];
Jennifer Doucett [e-mail]]
North Carolina Department of Environmental Quality I Division of Water Resources
512 North Salisbury Street 1 1617 Mail Service Center I Raleigh,North Carolina 27699-1617
NORTH CAROLINA
oeparo emofE,,im menU10-li\ /� 919.707.9000

Docusign Envelope ID: E5379F30-8A9D-442E-95E1-AA1 OD01 179F2
NPDES Permit NCO089168
STATE OF NORTH CAROLINA
DEPARTMENT OF ENVIRONMENTAL QUALITY
DIVISION OF WATER RESOURCES
PERMIT
TO DISCHARGE WASTEWATER UNDER THE
NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM
N( PDES)
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,
Martin Marietta Materials, Inc.
is hereby authorized to discharge wastewater from a facility located at the
Vanceboro Quarry
Off of Welbourn Road near Vanceboro
Weyerhaeuser Property
Beaufort County
to receiving waters designated as unnamed tributaries to Blounts Creek in the Tar-Pamlico River Basin
in accordance with the effluent limitations,monitoring requirements, and other applicable conditions set forth in
Parts I, II, III, and IV hereof.
This permit shall become effective April 1, 2025.
This permit and authorization to discharge shall expire at midnight on March 31, 2030.
Signed this day February 24, 2025.
Signed by:
E
�a L
R�R1RGf1d�ftARdRFi
Richard E. Rogers,Jr.,Director
Division of Water Resources
By Authority of the Environmental Management Commission
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Docusign Envelope ID: E5379F30-8A9D-442E-95E1-AA1 OD01 179F2
NPDES Permit NCO089168
SUPPLEMENT TO PERMIT COVER SHEET
All previous NPDES Permits issued to this facility, whether for operation or discharge are hereby revoked. As of
this permit issuance, any previously issued permit bearing this number is no longer effective. Therefore, the
exclusive authority to operate and discharge from this facility arises under the permit conditions, requirements,
terms, and provisions included herein.
Martin Marietta Materials, Inc.
is hereby authorized to:
1. Discharge wastewater consisting of mine dewatering and comingled stormwater from two (2)pit clarification
ponds, each with an approximate volume of 50 million gallons.
2. Discharge from said treatment works at the location specified on the attached map via Outfalls 001 and 002
into unnamed tributaries to Blounts Creek [Stream Index 29-9-1-(1)], currently classified C; Swamp, NSW
waters in the Tar-Pamlico River Basin [HUC: 030201040106].
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Docusign Envelope ID: E5379F30-8A9D-442E-95E1-AA1 OD01 179F2
NPDES Permit NCO089168
PART I —MONITORING, CONTROLS,AND LIMITATIONS FOR PERMITTED DISCHARGES
SECTION A—PERMIT CONDITIONS
A. (L)EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS
OUTFALLS 001 & 002 [15A NCAC 02B .0400 et seq., 02B .0500 et seq.]
Grade I Physical Chemical Water Pollution Control System [15A NCAC 08G .0302]
(a.) During the period beginning on the effective date of the permit and lasting until expiration, the permittee is
authorized to discharge mine dewatering and comingled stormwater from Outfalls 001 and 002. Such
discharges shall be limited and monitored'by the permittee as specified below:
EFFLUENT LIMITS MONITORING REQUIREMENTS 1
PARAMETER Monthly Daily Measurement Sample Sample
Parameter Code Average Maximum Frequency 2 Type Location
Flow(MGD)3 50050 6.0 MGD Continuous 3 Recording 3 001,002
Settleable Solids(mL/L) 00545 0.1 ml/L 0.2 ml/L 2/1\4onth Grab 001,002
pH(su)4 00400 5.5<pH<8.5 (su)4 2/Month Grab 001,002,
Total Suspended Solids(TSS)(mg/L) C0530 M&R M&R 2/Month Grab 001,002
Turbidity(NTU)5 00070 See Footnote 5 Variable 5 Grab 001,002
Compliance With Best Management
Practices(BMPs)for Turbidity 5 51576 M&R M&R 2/Month Estimate 5 001,002
Outfall visual observations 6 84130 M&R M&R 2/Month Estimate 6 001,002
Floating solids or visible foam-visual 7 45613 M&R M&R 2/Month Estimate 7 001,002
Total Rainfall(inches)8 46529 M&R M&R Variable 8 Estimate 8 001 8
Total Iron(mg/L) 01045 M&R M&R Monthly Grab 001,002
Total Nitrogen(TN)(mg/L) C0610 M&R M&R Monthly Grab 001,002
Total Phosphorus(TP)(mg/L) C0665 M&R M&R Monthly Grab 001,002
M&R=Monitor and Report
Footnotes:
1. The permittee shall submit Discharge Monitoring Reports electronically using NC DWR's eDMR application
system. See Special Condition A. (4.).
2. For effluent, upstream, and downstream monitoring, after securing a minimum of 48 sample analyses and
sampling over a minimum period of 2 years indicating compliance, the Permittee may submit a written
request for the Division to reevaluate monitoring measurement frequencies [See Condition A. (1.) (c.). below
for Division contact information].
3. Flow Measurement: Total flow volume shall be recorded by a continuous flow measurement instrument.
Alternatively, pump curves and pump logs may be used as a means to calculate flow volume [15A NCAC
02B .05051.
4. pH: The narrative standard for swamp waters allows for lower pH than the typical range [6.0<pH<9.0 (su)]
for class C waters due to natural conditions [15A NCAC 2B .0211].
5. Turbidi : A minimum sampling frequency of 2/Month. For limitation, monitoring, reporting, and sampling
requirements see Special Condition A. (3).
6. Outfall observation: Visual observations of the following: deposition at or immediately below the outfall,
erosion at or immediately below the outfall, and other obvious indicators of stormwater pollution. The eDMR
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Docusign Envelope ID: E5379F30-8A9D-442E-95E1-AA1 OD01 179F2
NPDES Permit NC0089168
entry for presence of condition: Yes = 1, No = 0. If the condition is present, enter description of any
observations of deposition or erosion in the comments section of eDMR. Note: Low clarity, high solids,
and/or the presence of foam, oil sheen, or erosion/deposition may be indicative of pollutant exposure. These
conditions warrant further investigation. For floating solids and visible foam please enter observations under
that parameter as described below. After becoming aware of the presence of a condition as described above,
the permittee shall contact the Division of Water Resources Regional Office in accordance with the
requirements listed in Stormwater Special Condition C. (2.)for BMPs and SWPPP.
7. Floating solids & visible foam: There shall be no discharge of floating solids or visible foam in other than
trace amounts [I5A NCAC 02B .0211]. The eDMR entry for presence of condition: Yes = 1, No = 0. After
becoming aware of the presence of a condition as described above, the permittee shall contact the Division of
Water Resources Regional Office in accordance with the requirements listed in Stormwater Special Condition
C. (2.)for BMPs and SWPPP.
8. Rain Gauge: For each measurable storm event the total precipitation must be recorded. An on-site rain gauge
or local rain gauge reading must be recorded. Reporting shall be representative of both Outfalls 001 & 002.
For reporting purposes please report the rain gauge reading under Outfall 001.
(b.) In accordance with 15A NCAC 2B .0505(c)(4), stream sampling may be discontinued when flow conditions
or extreme weather conditions could result in injury or death of the person(s)collecting the samples. In such
cases, on each day that sampling is discontinued, written justification for the discontinuance shall be
specified in the monitoring report for the month in which the event occurred. This provision also applies to
influent and effluent sampling. If access to a discharge location is dangerous on a routine basis, a
Discharger must choose an alternative discharge location and notify the DWR Water Quality Regional
Operations Supervisor or a DWR Water Quality Regional Operations staff member by phone [See
Condition A. (1.) (c.). below for Division contact information]. Occurrences outside normal business hours
may also be reported to the Department's Environmental Emergency Center personnel at(800) 858-0368.
(c.) Division contact information for reporting:
(1) NCDEQ/Division of Water Resources
NPDES Industrial Permitting Branch
1617 Mail Service Center
Raleigh,NC 27699-1617
(2) Contact NPDES Permitting Program Staff by Phone or e-mail:
https://www.deq.nc.gov/about/divisions/water-resources/` ermittin /npdes-wastewater/npdes-
permitting-program-staff
(3) NCDEQ/Division of Water Resources
Water Quality Regional Operations
Washington Regional Office—WaRO
943 Washington Square Mall
Washington,NC 27889
(4) Washington Regional Office Phone: [phone]
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Docusign Envelope ID: E5379F30-8A9D-442E-95E1-AA1 OD01 179F2
NPDES Permit NC0089168
A. (2.) INSTREAM MONITORING REQUIREMENTS
[15A NCAC 02B .0200 et seq., 15A NCAC 02B .0500 et seq.]
(a.) Beginning on the effective date of this permit and lasting until the expiration date, the Permittee shall
perform instream sampling as specified below:
PARAMETER MONITORING REQUIREMENTS I
Parameter Code Measurement Frequency 2 Sample Type Sample Location 3
Turbidity,background(NTU) 52330 Variable 4 Grab U01
Turbidity(NTU) 00070 Variable 4 Grab DO1
2/Month Grab D02
Turbidity,increase over background(NTU) 52350 Variable 4 Calculated 4 DO1
2/Month Calculated 4 D02
pH(su) 00400 2/Month Grab U01,DO1,D02
Salinity(ppth) 00480 2/Month Grab U01,DO1,D02
Temperature(°C) 00010 2/Month Grab U01,DO1,D02
Footnotes:
1. The permittee shall submit this data using NC DWR's electronic Discharge Monitoring Report (eDMR)
application system. See Special Condition A. (4.).
2. For effluent, upstream, downstream monitoring, after securing a minimum of 48 sample analyses and
sampling over a minimum period of 2 years indicating compliance, the Permittee may submit a written
request for the Division to reevaluate monitoring measurement frequencies [See Condition A. (L) (c.). above
for Division contact information].
3. Sample Locations: U01 —Upstream near the intersection of Blounts Creek and Chuck Road
DO 1 —Downstream after the convergence of the flows from the two outfalls in Blounts
Creek,from the access location off of Harper Road.
D02—Downstream in Blounts Creek at the NC-33 bridge crossing.
4. Turbidi : For limitation,monitoring,reporting, and sampling requirements see Special Condition A. (3).
(b.) In accordance with 15A NCAC 2B .0505(c)(4), stream sampling may be discontinued when flow conditions
or extreme weather conditions could result in injury or death of the person(s)collecting the samples. In such
cases, on each day that sampling is discontinued, written justification for the discontinuance shall be
specified in the monitoring report for the month in which the event occurred. This provision also applies to
influent and effluent sampling. If access to a discharge location is dangerous on a routine basis, a
Discharger must choose an alternative discharge location and notify the NCDEQ DWR Regional
Supervisor by phone [See Condition A. (L) (c.). above for Division contact information]. Occurrences
outside normal business hours may also be reported to the Department's Environmental Emergency Center
personnel at(800) 858-0368.
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Docusign Envelope ID: E5379F30-8A9D-442E-95E1-AA1 OD01 179F2
NPDES Permit NCO089168
A. (3.) TURBIDITY REPORTING, MONITORING,AND SAMPLING REQUIREMENTS
[15A NCAC 02B .0200 et seq., 15A NCAC 02B .0500 et seq., G.S. 143-215.3(a)(2), G.S. 143-215.66]
(a.) The discharge shall not cause the turbidity of the receiving waters to exceed 50 NTU. If the turbidity
exceeds this level due to natural background conditions,the discharge level cannot cause any increase in the
turbidity in the receiving waters. See Conditions B. (1.) and C. (1.)for references to BMPs.
(b.) Measurement Frequency for Outfalls and Instream Locations 001, 002, U01, and D01: If effluent turbidity
exceeds 50 NTU, instream and effluent monitoring shall be conducted 2/Week until effluent turbidity is less
than 50 NTU. Once effluent turbidity is less than 50 NTU, 2/Month monitoring can be resumed. This
measurement frequency condition shall also be applicable to reporting Turbidity increase over background
[52350] for instream location DO1.
(c) Field Sampling Certification: In order to utilize Turbidity monitoring as an instantaneous process control
monitoring test [15A NCAC 02B .0505] for BMPs, a field sampling certification shall be required for
effluent and instream monitoring. Samples shall be analyzed using SM 2130 B-2011 or another approved
method. [15A NCAC 02H .0805,40 CFR 136]
(d.) Reporting Turbidity, increase over back rg ound: Turbidity increase over background shall be reported in
NTU units for all instream samples by reporting the difference between the upstream turbidity results and
the downstream turbidity results (Downstream Location—Upstream Location=increase over background).
If either the upstream and downstream results are below detection, report the Practical Quantitation Limit
(PQL) value and select"less than" as the data qualifier. If the calculation results in a negative value, report
zero (0) and select "less than" as the data qualifier. Upstream and Downstream samples used to calculate
Turbidity increase over background shall be collected on the same day.
(e.) Reporting Compliance with Best Management Practices (BMPs) for Turbidity: Compliance is reported by
entering Yes = 1 for compliance or No = 0 for non-compliance under parameter code 51576 for both
Outfalls 001 & 002. The following reporting guidance shall be applicable to reporting Yes= 1 or No= 0 in
eDMR:
• Effluent less than 50 NTU's,no further action required. Report"1"for compliance with permit.
• Upstream less than 50 NTU's, effluent greater than or equal to 50 NTU's,then
o Report "I" for compliance with permit if the downstream turbidity is less than or equal to 50
NTU's.No further action needed.
o Report "0" for non-compliance if the Downstream turbidity is greater than 50 NTU's. Assess
existing BMP's and processes to determine which processes and/or BMP's are effective in
reducing turbidity and which are ineffective. Then determine where changes and/or additional
BMP's are necessary to ensure regulatory compliance. Implement appropriate changes to
ensure compliance, document in a plan and submit to NCDEQ within 30 days. See Condition
A. (1.) (c.). for where to submit revised plan. BMP plan may include holding the discharge of
effluent for settling until effluent is less than or equal to 50 NTU's.
• Upstream greater than 50 NTU's, effluent greater than or equal to 50 NTU's,then
o Report "1" for compliance with permit if the increase to downstream turbidity is less than or
equal to 5 NTU's compared to the upstream turbidity.No further action needed.
o Report "0" for noncompliance if the increase to downstream turbidity is greater than 5 NTU's
compared to the upstream turbidity. Implement BMP plan requirements which may include
holding the discharge of effluent for settling until less than or equal to 50 NTU's.
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Docusign Envelope ID: E5379F30-8A9D-442E-95E1-AA1 OD01 179F2
NPDES Permit NCO089168
A. (4.)ELECTRONIC REPORTING-DISCHARGE MONITORING REPORTS
[G.S. 143-215.1 (b)]
Federal regulations require electronic submittal of all discharge monitoring reports (DMRs) and program reports.
The final NPDES Electronic Reporting Rule was adopted and became effective on December 21,2015.
NOTE: This special condition supplements or supersedes the following sections within Part II of this permit
(Standard Conditions for NPDES Permits):
• Section B. (11.) Signatory Requirements
• Section D. (2.) Reporting
• Section D. (6.) Records Retention
• Section E. (5.) Monitoring Reports
1. Reporting Requirements [Supersedes Section D.(2.) and Section E. (5.) (a)1
The permittee shall report discharge monitoring data electronically using the NC DWR's Electronic
Discharge Monitoring Report(eDMR) internet application.
Monitoring results obtained during the previous month(s) shall be summarized for each month and submitted
monthly electronically using eDMR. The eDMR system allows permitted facilities to enter monitoring data
and submit DMRs electronically using the internet. The eDMR system may be accessed at:
https:Hdeq.nc.gov/about/divisions/water-resources/edmr.
If a permittee is unable to use the eDMR system due to a demonstrated hardship or due to the facility being
physically located in an area where less than 10 percent of the households have broadband access, then a
temporary waiver from the NPDES electronic reporting requirements may be granted and discharge
monitoring data may be submitted on paper DMR forms (MR 1, 1.1, 2, 3) or alternative forms approved by
the Director. Duplicate signed copies shall be submitted to the DWR NPDES Industrial Permitting Branch
[See Condition A. (1.) (c.). for address].
See"How to Request a Waiver from Electronic Reporting"section below.
Monitoring results obtained during the previous month(s) shall be summarized for each month and reported
via the eDMR system no later than the last calendar day of the month following the completed reporting
period. Regardless of the submission method,the first DMR is due on the last day of the month following the
issuance of the permit or in the case of a new facility, on the last day of the month following the
commencement of discharge.
Starting on December 21, 2025, the permittee must electronically report the following compliance
monitoring data and reports,when applicable:
• Sewer Overflow/Bypass Event Reports; and
• Pretreatment Program Annual Reports; and
• Clean Water Act(CWA) Section 316(b)Annual Reports.
The permittee may seek an electronic reporting waiver from the Division (see "How to Request a Waiver
from Electronic Reporting"section below).
2. Electronic Submissions
In accordance with 40 CFR 122.41(1)(9), the permittee must identify the initial recipient at the time of each
electronic submission. The permittee should use the EPA's website resources to identify the initial recipient
for the electronic submission.
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Initial recipient of electronic NPDES information from NPDES-regulated facilities means the entity (EPA or
the state authorized by EPA to implement the NPDES program) that is the designated entity for receiving
electronic NPDES data [see 40 CFR 127.2(b)].
EPA plans to establish a website that will also link to the appropriate electronic reporting tool for each type of
electronic submission and for each state. Instructions on how to access and use the appropriate electronic
reporting tool will be available as well. Information on EPA's NPDES Electronic Reporting Rule is found at:
https://www.federalregister.gov/documents/2015/10/22/2015-24954/national-pollutant-discharge-elimination-
system-npdes-electronic-reporting-rule
Electronic submissions must start by the dates listed in the "Reporting Requirements"section above.
3. How to Request a Waiver from Electronic Reporting
The permittee may seek a temporary electronic reporting waiver from the Division. To obtain an electronic
reporting waiver, a permittee must first submit an electronic reporting waiver request to the Division.
Requests for temporary electronic reporting waivers must be submitted in writing to the Division for written
approval at least sixty (60) days prior to the date the facility would be required under this permit to begin
submitting monitoring data and reports. The duration of a temporary waiver shall not exceed 5 years and shall
thereupon expire. At such time, monitoring data and reports shall be submitted electronically to the Division
unless the permittee re-applies for and is granted a new temporary electronic reporting waiver by the Division.
Approved electronic reporting waivers are not transferrable. Only permittees with an approved reporting
waiver request may submit monitoring data and reports on paper to the Division for the period that the
approved reporting waiver request is effective.
Information on eDMR and the application for a temporary electronic reporting waiver are found on the
following web page:
http://deq.nc.gov/about/divisions/water-resources/edmr
4. Signatory Requirements [Supplements Section B. (11.) (b) and Supersedes Section B.(11.) (d)1
All eDMRs submitted to the permit issuing authority shall be signed by a person described in Part II, Section
B. (11.)(a) or by a duly authorized representative of that person as described in Part 11, Section B. (11.)(b). A
person, and not a position,must be delegated signatory authority for eDMR reporting purposes.
For eDMR submissions, the person signing and submitting the DMR must obtain an eDMR user account and
login credentials to access the eDMR system. For more information on North Carolina's eDMR system,
registering for eDMR and obtaining an eDMR user account,please visit the following web page:
http://deq.nc.gov/about/divisions/water-resources/edmr
Certification. Any person submitting an electronic DMR using the state's eDMR system shall make the
following certification [40 CFR 122.22]. NO OTHER STATEMENTS OF CERTIFICATION WILL BE
ACCEPTED:
"I cert�, 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 offines and imprisonment for knowing violations."
5. Records Retention [Supplements Section D. (6.)]
The permittee shall retain records of all Discharge Monitoring Reports, including eDMR submissions. These
records or copies shall be maintained for a period of at least 3 years from the date of the report. This period
may be extended by request of the Director at any time [40 CFR 122.41].
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Docusign Envelope ID: E5379F30-8A9D-442E-95E1-AA1 OD01 179F2
NPDES Permit NCO089168
SECTION B—SPECIAL CONDITIONS
B. (L) PUMPING OPERATION AND MONITORING PLAN [G.S. 143-215.1(b)]
(a.) The permittee shall secure an approved pumping operation and monitoring (O&M) plan. The pumping
O&M plan shall include,but is not limited to,the following:
• A detailed site plan showing wetlands, ditches,well placements,pits,borrow areas, overburden storage,
stormwater controlsBMPs [for stormwater BMPs see Condition C. (1.)], vehicle maintenance areas,
total drainage area, and access/haul roads,
• Groundwater monitoring strategies to demonstrate the effects of pumping,
• Detailed plans to maintain the surrounding hydrology that protects the affected streams and wetlands
and the respective monitoring to demonstrate compliance, and
• The pumping regime deemed necessary to protect affected streams and wetlands.
(b.) Approval of the pumping O&M Plan by the Division is required prior to the commencement of mining
operations. Submit two (2) copies of the Pumping O&M Plan to the addresses listed in Condition A. (L)
(c.). for Division contact information.
B. (2.) CHEMICAL TREATMENT [G.S. 143-215, 143-215.1]
Martin Marietta Materials, Inc. is prohibited from applying any form of chemical treatment to this discharge, or
using any chemicals in the crushed stone production process, unless pre-approved by written authorization from
the Division. Flocculants evaluated by the Division may be used if administered in accordance with maximum
application doses.
B. (3.) INSTREAM ASSESSMENT OF BIOLOGICAL INTEGRITY(ANNUAL)
[15A NCAC 02B .0200 et seq., 15A NCAC 02B .0500 et seq., G.S. 143-215.3(a)(2), G.S. 143-215.66]
(a.) The permittee shall conduct sampling at minimum frequency of biennially(once every two years),with the
first sampling event to occur within the first swamp sampling window' (February 1 through March 15) after
the commencement of the discharge authorized by the Permit, and successive sampling events to occur
within two years of the previous sampling event during the swamp sampling window':
DWR Benthic Permittee Latitude Longitude
Site ID Site ID
OB173 BC 35.34640 N -76.98350 W
OB174 UT3 35.34050 N -76.99870 W
OB175 UT2 35.34480 N -76.99540 W
OB176 UT1 35.33430 N -76.98570 W
(b.) Sampling shall be conducted in accordance with the January 15, 2018 sampling plan as approved by the
Division to annually assess biological integrity in the receiving stream by collection and analysis of benthic
macroinvertebrate (benthos). Any modification to the study plan shall be approved or be recommended by
the Division. Sampling methods shall adhere to approved swamp assessment methodologies'.
(c.) Instream biological integrity assessments shall be conducted by a laboratory or entity that is NC-certified
for the procedure [15A NCAC 2H .1100 and 15A NCAC 2B .505 (e)(5)].
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Docusign Envelope ID: E5379F30-8A9D-442E-95E1-AA1 OD01 179F2
NPDES Permit NCO089168
(d.) With each planned assessment,the Permittee shall provide the Division sufficient notice of sampling so that
Division personnel may attend and share samples collected. At least 30 days in advance of each planned
assessment, the Permittee shall notify the supervisor for the Biological Assessment Branch, Water Sciences
Section, at 919-743-8469 (main number 919-734-8400).
(e) All reports shall include the owner's name,NPDES permit number and Permittee contact person, and shall
be submitted to the addresses listed in Condition A. (1.) (c.)for Division contact information.
(£) The addition of instream biological integrity assessment requirement does not preclude the Division from
taking any action necessary to resolve any ongoing compliance activity or effluent violations.
(g.) The permit may be reopened and modified if there are any parameters detected at levels of concern.
Footnote:
1. NC Department of Environmental Quality. 2016. Standard Operating Procedures for the Collection and
Analysis of Benthic Macroinvertebrates. Division of Water Resources. Raleigh,North Carolina. February
2016 (Version 5.0). See Section 3.3.4 for Swamp Method.
https://files.nc.gov/ncdeq/Water%20Qualiiy/Environmental%2OSciences/BAU/NCDWRMacroinvertebrate-
SOP-February%202016_final.pdf
B. (4.)ADDITIONAL EFFLUENT MONITORING& APPLICATION
REQUIREMENTS [G.S. 143-215.1(b)]
Within one (1) year of commencement of discharge, the permittee shall submit analyses for the compounds in
Tables A through C of NPDES Application EPA Form 2C (EPA Form 3015-2C). This form shall also be used for
NPDES permit renewal [40 CFR 122]. The permit may be reopened and modified if there are any parameters
detected at levels of concern. Submit results to the DWR NPDES Industrial Permitting Branch [See Condition A.
(1.) (c.). for address] or the analyses may be uploaded at: https:Hedocs.deq.nc.gov/Forms/NPDES_WW-EDMR-
Supplemental-Form
SECTION C - STORMWATER MANAGEMENT REQUIREMENTS
C.(L)BEST MANAGEMENT PRACTICES(BMPs) [G.S. 143-215.1(b)]
(a.) The permittee shall maintain stormwater BMPs for mine excavation and disturbance areas, and any other
areas associated with mining or vehicle maintenance activities. Appropriate BMPs should be used to divert,
infiltrate, reuse, or otherwise manage stormwater runoff in a manner that reduces pollutants in stormwater
discharges from each outfall. All stormwater controls shall be regularly inspected.
(b.) BMPs shall include a preventative maintenance program, which shall ensure equipment used during mining
activities will be operated and maintained to prevent pollution of the surface water or groundwaters of the
state. Fuels, lubricants, coolants, hydraulic fluids, and other petroleum products shall not be discharged on
the ground or into surface waters. Spilled fluids shall be cleaned up to the maximum extent practicable and
properly disposed.
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Docusign Envelope ID: E5379F30-8A9D-442E-95E1-AA1 OD01 179F2
NPDES Permit NCO089168
C. (2.) STORMWATER POLLUTION PREVENTION PLAN (SWPPP) [G.S. 143-215.1(b)]
(a.) The permittee shall develop and implement a Stormwater Pollution Prevention Plan(SWPPP). The SWPPP
shall be maintained on site unless exempted from this requirement by the Division of Water Resources
Industrial Permitting Branch. The permittee shall implement the SWPPP and all Best Management
Practices (BMPs) consistent with the provisions of this permit, to control contaminants entering surface
waters. These items shall exist for the duration of the permit term and be made available to the Director
upon request, and shall also be sent to the Division to the addresses listed in Condition A. (1.) (c.) for
Division contact information. The SWPPP shall be considered public information in accordance with Part
A Standard Conditions, Section E Paragraph 10 of this permit.
(b.) The SWPPP shall include,at a minimum,the following items:
(L) Responsible Party
[40 CFR 122.44(k); 15A NCAC 02H.0143(a)(25)J
The SWPPP shall identify (a) specific position(s) responsible for the overall coordination, development,
implementation, and revision of the SWPPP. Responsibilities for all components of the SWPPP shall be
documented and position assignments provided.
(2.) General Location Map
[40 CFR 122.44(k); 15A NCAC 02H.0143(a)(25)J
The General Location Map shall be a USGS quadrangle map or appropriately drafted equivalent map that
includes:
a. The facility's location in relation to transportation routes and surface waters;
b. The name of the receiving waters to which the stormwater outfalls discharge, or if the discharge is
to a Municipal Separate Storm Sewer System (MS4),the name of the municipality and the ultimate
receiving waters; and
c. Any receiving waters that exceed criteria for one or more parameters or if the site is located in a
watershed for which a Total Maximum Daily Load(TMDL)has been established and, if so, a list of
the parameter(s)of concern.
(3.) Site Map
[40 CFR 122.44(k); 15A NCAC 02H.0143(a)(25)J
The Site Map shall include the following at a scale sufficient to clearly depict all required features. At a
minimum,the map shall include:
a. Site property/permit boundary;
b. Site topography and finished grade;
c. Buildings,roads,parking areas and other built-upon areas;
d. Industrial activity areas (including: fueling,vehicle maintenance and repair,washing of materials or
equipment, storage of materials, disposal areas, process areas, loading and unloading areas, and
haul roads);
e. A table of stormwater discharge outfalls and their latitudes and longitudes;
f. Drainage area for each outfall with an estimation of impervious area percentage;
g. Stormwater Control Measures (SCMs);
h. All stormwater collection/drainage features, structures and direction of flow;
i. On-site and adjacent surface waters and wetlands; and
j. A graphic scale and north arrow.
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Docusign Envelope ID: E5379F30-8A9D-442E-95E1-AA1 OD01 179F2
NPDES Permit NCO089168
(4.) Narrative Description of Industrial Processes
[40 CFR 122.44(k); 15A NCAC 02H.0143(a)(25)J
The narrative description shall include:
a. Storage practices;
b. Loading and unloading activities;
c. Outdoor process areas;
d. Dust or particulate generating and control processes;
e. Waste disposal practices; and
f. A list of the potential pollutants that could be expected to be present in the stormwater discharge
from each outfall.
(5.) Evaluation of Stormwater Outfalls
[NCGS 143-215.1; 40 CFR 122.44(k); 15A NCAC 02H.0143(a)(25)J
On an annual basis, the permittee shall evaluate all stormwater outfalls for the presence of non-stormwater
discharges. If non-stormwater discharges are present, the permittee shall identify the source and record
whether the discharge is otherwise permitted by rule or a different permit. The permittee shall evaluate the
environmental significance of the non-stormwater discharges and include a summary written record and
certification statement. The certification statement and summary written record shall be retained with the
SWPPP and shall be dated and signed in accordance with the requirements found in Part II, Standard
Conditions, Section B Paragraph 11 of this permit.
(6.) Narrative Description of Stormwater SCMs/BMPs
[40 CFR 122.44(k); 15A NCAC 02H.0143(a)(25)J
A narrative description of structural Stormwater Control Measures (SCMs) and non-structural Best
Management Practices(BMPs)on site shall be provided. Appropriate SCMs/BMPs may include,but are not
limited to, vegetative swales, berms, and reuse of collected stormwater(such as for an industrial process or
as an irrigation source) in a manner that reduces pollutants in stormwater discharges leaving the site. The
installation and implementation of SCMs/BMPs shall be based on the assessment of the potential for
sources to contribute significant quantities of pollutants to stormwater discharges and on data collected
through monitoring of stormwater discharges. The Narrative Description of SCMs/BMPs shall be reviewed
and updated annually.
The narrative description of stormwater SCMs/BMPs shall include:
a. A written record of the specific rationale for installation and implementation of the selected site
SCMs and/or BMPs; and
b. BMPs for vehicle maintenance activities.
(7.) Facility Inspections
[40 CFR 122.44(k); 15A NCAC 02H.0143(a)(25)J
Inspections of the facility and all stormwater systems shall occur as part of the Preventative Maintenance
and Good Housekeeping Program at a minimum on a quarterly schedule, with at least 30 days separating
inspection dates (unless performed more frequently than quarterly). These facility inspections are different
from, and in addition to, the stormwater discharge characteristic monitoring at the outfalls required in Parts
D. (3.)and D. (4,)of this permit.
(8.) Secondary Containment Plan
[40 CFR 122.44(k); 15A NCAC 02H.0143(a)(25)J
In order to prevent leaks and spills from contaminating stormwater runoff, secondary containment is
required for: bulk storage of liquid materials including petroleum products; storage in any amount of water
priority chemicals listed in Section 313 of Title III of the Superfund Amendments and Reauthorization Act
(SARA); and storage of hazardous substances in any amount.
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Docusign Envelope ID: E5379F30-8A9D-442E-95E1-AA1 OD01 179F2
NPDES Permit NCO089168
For facilities subject to the federal Spill Prevention, Control, and Countermeasure (SPCC) regulation, the
SPCC Plan may be used to support compliance with this requirement.
The Secondary Containment Plan shall include:
a. A table or summary of tanks and stored materials equipped with secondary containment systems;
b. Manually activated valves or other similar devices that are securely closed with a locking
mechanism if the secondary containment devices are connected to stormwater conveyance system;
c. A commitment to visually observe any accumulated stormwater prior to release for color, foam,
outfall staining, visible sheens, and dry weather flow. Accumulated stormwater may be released if
found to be uncontaminated by any material. Accumulated stormwater found to be contaminated
shall not be released from the containment area;
d. Records on every release from a secondary containment system that include: the individual making
the observation, a description of the accumulated stormwater, and the date and time of the release.
These records shall be kept for a period of five(5)years.
(9.) Annual SWPPP Review and Update
[40 CFR 122.44(k); 15A NCAC 02H.0143(a)(25)J
All aspects of the SWPPP shall be reviewed and updated on an annual basis. The permittee shall amend the
SWPPP whenever there is a change in design, construction, operation, site drainage, maintenance, or
configuration of the physical features which may have a significant effect on the potential for the discharge
of pollutants to surface waters.
In addition to the other items in Part B of the permit,the SWPPP update shall include:
a. An updated list of significant spills or leaks of pollutants for the previous three (3) years, or the
notation that no spills have occurred;
b. A written certification that the stormwater outfalls have been evaluated for the presence of non-
stormwater discharges;
c. A documented re-evaluation of the effectiveness of the on-site SCMs and BMPs in minimizing the
contamination of stormwater runoff, including a summarization of all SCM inspections conducted
throughout the year preceding the annual update; and
d. A statement that annual training requirements were met in the past year; and
e. A review and comparison of sample analytical data to benchmark values (if applicable) over the
past year, including an evaluation of Tiered Response status.
(10.) Notice to Modify SWPPP
[40 CFR 122.44(k); 15A NCAC 02H.0143(a)(25)J
The Director may notify the permittee when the SWPPP does not meet one or more of the minimum
requirements of the permit. Within 30 days of such notice, the permittee shall submit a time schedule to the
Director for modifying the SWPPP to meet minimum requirements. The permittee shall provide
certification in writing (in accordance with Part HI, Standard Conditions, Section B Paragraph 11 of this
permit)to the Director that the changes have been made.
(11.) SWPPP Documentation
[40 CFR 122.410), 122.44(k); 15A NCAC 02H.01 43(a)(22), (25)J
Documentation of all monitoring, measurements, inspections, maintenance activities, and training provided
to employees, including the log of the sampling data and of actions taken to implement SCMs and BMPs
associated with the industrial activities, including vehicle maintenance activities. Such documentation shall
be kept on-site for a period of five(5)years and made available to the Division immediately upon request.
Page 13 of 15

Docusign Envelope ID: E5379F30-8A9D-442E-95E1-AA1 OD01 179F2
NPDES Permit NCO089168
C. (3.)DEFINITIONS FOR STORMWATER MANAGEMENT [G.S. 143-215.1(b)]
Adverse Weather
Adverse conditions are those that are dangerous or create inaccessibility for personnel, such as local flooding,
high winds, or electrical storms, or situations that otherwise make sampling impractical. When adverse weather
conditions prevent the collection of samples during the sample period, the permittee must take a substitute sample
or perform a visual assessment during the next qualifying storm event. Documentation of an adverse event (with
date, time and written narrative) and the rationale must be included with SWPPP records. Adverse weather does
not exempt the permittee from having to file a monitoring report in accordance with the sampling schedule.
Adverse events and failures to monitor must also be explained and reported on the relevant DMR.
Best Management Practices(BMPs)
Measures or practices used to reduce the amount of pollution entering surface waters. BMPs may take the form of
a process, activity, or physical structure. More information on BMPs can be found on the Environmental
Protection Agency's website.
Bulk Storage of Liquid Materials
Liquid raw materials, intermediate products, manufactured products,waste materials, or by-products with a single
above ground storage container having a capacity of greater than 660 gallons or with multiple above ground
storage containers having a total combined storage capacity of greater than 1,320 gallons.
Division or DWR
The Division of Water Resources,Department of Environmental Quality.
Director
The Director of the Division of Water Resources,the permit issuing authority.
Measurable Storm Event
A storm event that results in an actual discharge from the permitted site outfall. The previous measurable storm
event must have been at least 72 hours prior. The 72-hour storm interval may not apply if the permittee is able to
document that a shorter interval is representative for local storm events during the sampling period and obtains
approval from the local DWR Regional Office. Two copies of this information and a written request letter shall be
sent to the local DWR Regional Office. After authorization by the DWR Regional Office, a written approval letter
must be kept on site in the permittee's SWPPP.
Permittee
The owner or operator issued this permit,who is the legally responsible party for compliance.
Point Source Discharge of Stormwater
Any discernible, confined and discrete conveyance including, but not specifically limited to, any pipe, ditch,
channel, tunnel, conduit, well, or discrete fissure from which stormwater is or may be discharged to waters of the
state.
Secondary Containment
Spill containment for the contents of the single largest tank within the containment structure plus sufficient
freeboard to contain the 25-year,24-hour storm event.
Severe Property Damage
Substantial physical damage to property, damage to the control facilities which causes them to become
inoperable, or substantial and permanent loss of natural resources which can reasonably be expected to occur in
the absence of a bypass. Severe property damage does not mean economic loss caused by delays in production.
Significant Materials
Includes, but is not limited to: raw materials; fuels; materials such as solvents, detergents, and plastic pellets;
finished materials such as metallic products; raw materials used in food processing or production; hazardous
substances designated under section 101(14) of CERCLA; any chemical the facility is required to report pursuant
Page 14 of 15

Docusign Envelope ID: E5379F30-8A9D-442E-95E1-AA1 OD01 179F2
NPDES Permit NC0089168
to section 313 of Title III of SARA; fertilizers; pesticides; and waste products such as ashes, slag and sludge that
have the potential to be released with stormwater discharges.
Significant Spills
Includes, but is not limited to: releases of oil or hazardous substances in excess of reportable quantities under
section 311 of the Clean Water Act (Ref: 40 CFR 110.3and 40 CFR 117.3) or section 102 of CERCLA (Ref: 40
CFR 302.4).
Stormwater Discharge Associated with Industrial Activity
This term is defined in 40 CFR 122.26(14).
Stormwater Control Measure (SCM)
A permanent structural device that is designed, constructed, and maintained to remove pollutants from stormwater
runoff by promoting settling or filtration or mimic the natural hydrologic cycle by promoting infiltration,
evapotranspiration,post-filtration discharge,reuse of stormwater, or a combination thereof.
Stormwater Control Systems
All systems at present at the facility used for the control and facilitation of stormwater, including but not limited
to, all drainage systems and all stormwater control measures and best management practices.
Stormwater Discharge Outfall(SDO)
The point of departure of stormwater from a discernible, confined, or discrete conveyance, including but not
limited to, storm sewer pipes, drainage ditches, channels, spillways, or channelized collection areas, from which
stormwater flows directly or indirectly into waters of the State of North Carolina.
Stormwater Runoff
The flow of water which results from precipitation and which occurs immediately following rainfall or as a result
of snowmelt.
Stormwater Associated with Industrial Activity
The discharge from any point source which is used for collecting and conveying stormwater and which is directly
related to manufacturing, processing or raw material storage areas at an industrial site. Facilities considered to be
engaged in "industrial activities" include those activities defined in 40 CFR 122.26(b)(14). The term does not
include discharges from facilities or activities excluded from the NPDES program.
Stormwater Pollution Prevention Plan(SWPPP)
A comprehensive site-specific plan which details measures and practices to reduce stormwater pollution and is
based on an evaluation of the pollution potential of the site.
Total Maximum Daily Load(TMDL)
TMDLs are written plans for attaining and maintaining water quality standards, in all seasons, for a specific water
body and pollutant. A list of approved TMDLs for the state of North Carolina can be found on DWR's website.
Vehicle Maintenance Activity
Vehicle rehabilitation, mechanical repairs, painting, fueling, lubrication, vehicle cleaning operations, or airport
deicing operations. This definition includes equipment maintenance activity that uses hydraulic oil and that is
stored or used outside, or otherwise exposed to stormwater.
Visible Sedimentation
Solid particulate matter, both mineral and organic, that has been or is being transported by water, air, gravity, or
ice from its site of origin which can be seen with the unaided eye.
Page 15 of 15

Docusign Envelope ID: E5379F30-8A9D-442E-95E1-AA1 0D01 179F2
Outfalls x r �- Rabe.
Pt CZP
i 001: 35.3475°N, -77.0003°W
002: 35.3442'N, -77.0036'W -
Instream Locations
U01: 35.3569°N -77.0119°W -
D01: C 35.3470o N, -76.9824o W
D02: 3 5.3 718 N, -76.9618 W
Benthic Sites - ` > ---�
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OB173 (BC) 35.3464°N, -76.9835° W
=_ OB174 (UT3) 35.3405°N -76.9987° W
OB175 (UT2) 35.3448°N, -76.9954° W
OB176 (UT1) 35.3343°N, -76.9857° W
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NPDES Permit NCO089168
Off of Welbourn Road near Vanceboro 1:14,000,000
Receiving Stream:UT to Blounts Creek Stream Class: C; Sw,NSW
Stream Index:29-9-1-(1) Sub-Basin#:03-03-07 SCALE County:Beaufort
River Basin:Tar-Pamlico HUC:030201040106 1 1 1:48,000 JUSGS Quad:Bath,N.C.

Docusign Envelope ID: E5379F30-8A9D-442E-95E1-AA1 OD01 179F2
NPDES Permit Standard Conditions
Page 1 of 18
PART II
STANDARD CONDITIONS FOR NPDES PERMITS
Section A. Definitions
2/Month
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.
3/Week
Samples are collected three times per week on three separate calendar days. These samples shall be representative of
the wastewater discharged during the sample period.
Act or"the Act"
The Federal Water Pollution Control Act,also known as the Clean Water Act(CWA),as amended,33 USC 1251,et.
seq.
Annual Average
The arithmetic mean of all"daily discharges"of a pollutant measured during the calendar year. In the case of fecal
coliform,the geometric mean of such discharges.
Arithmetic Mean
The summation of the individual values divided by the number of individual values.
Bypass
The known diversion of waste streams from any portion of a treatment facility including the collection system,which is
not a designed or established or operating mode for the facility.
Calendar 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.
Calendar Week
The period from Sunday through the following Saturday.
Calendar Quarter
One of the following distinct periods: January through March,April through June,July through September,and
October through December.
Composite Sample
A sample collected over a 24-hour period by continuous sampling or combining grab samples of 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 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/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 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
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(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 less than 100 milliliters
➢ 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 six hours;there must be a minimum of four samples during a 24-hour sampling
period.
Continuous flow measurement
Flow monitoring that occurs without interruption throughout the operating hours of the facility. Flow shall be
monitored continually except for the infrequent times when there may be no flow or for infrequent maintenance
activities on the flow device.
Daily Discharge
The discharge of a pollutant measured during a calendar day or any 24-hour period that reasonably represents the
calendar day for purposes of sampling. For pollutants measured in units of mass,the "daily discharge"is calculated as
the total mass of the pollutant discharged over the day. For pollutants expressed in other units of measurement,the
"daily discharge"is calculated as the average measurement of the pollutant over the day. (40 CFR 122.2; see also
"Composite Sample,"above.)
Daily Maximum
The highest"daily discharge"during the calendar month.
Daily Sampling
Parameters requiring daily sampling shall be sampled 5 out of every 7 days per week unless otherwise specified in the
permit. 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).
DWR or"the Division"
The Division of Water Resources,Department of Environmental Quality.
Effluent
Wastewater discharged following all treatment processes from a water pollution control facility or other point source
whether treated or untreated.
EMC
The North Carolina Environmental Management Commission
EPA
The United States Environmental Protection Agency
Facility Closure
Cessation of all activities that require coverage under this NPDES permit. Completion of facility closure will allow this
permit to be rescinded.
Geometric Mean
The Nth root of the product of the individual values where N=the number of individual values. For purposes of
calculating the geometric mean,values of"0"(or"< [detection level]")shall be considered= 1.
Grab Sample
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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Hazardous Substance
Any substance designated under 40 CFR Part 116 pursuant to Section 311 of the CWA.
Instantaneous flow measurement
The flow measured during the minimum time required for the flow measuring device or method to produce a result in
that instance. To the extent practical,instantaneous flow measurements coincide with the collection of any grab
samples required for the same sampling period so that together the samples and flow are representative of the discharge
during that sampling period.
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 or other bacterial parameters or indicators,the geometric mean of such discharges.
Permit Issuing Authority
The Director of the Division of Water Resources.
Quarterly Average(concentration limit)
The arithmetic mean of all samples taken over a calendar quarter.
Severe prope , 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.
Toxic Pollutant:
Any pollutant listed as toxic under Section 307(a)(1)of the CWA.
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.
Weekly Average(concentration limit)
The arithmetic mean of all"daily discharges"of a pollutant measured during the calendar week. In the case of fecal
coliform or other bacterial parameters or indicators,the geometric mean of such discharges.
Section B. General Conditions
1. Duty to Comply
The Permittee must comply with all conditions of this permit.Any permit noncompliance constitutes a violation of
the CWA and is grounds for enforcement action;for permit termination,revocation and reissuance,or
modification;or denial of a permit renewal application[40 CFR 122.41].
a. The Permittee shall comply with effluent standards or prohibitions established under section 307(a)of the
CWA for toxic pollutants and with standards for sewage sludge use or disposal established under section
405(d)of the CWA 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.
b. The CWA 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$37,500 per day for each violation. [33 USC 1319(d)and 40 CFR
122.41(a)(2)]
c. The CWA 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
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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. [33 USC 1319(c)(1)and 40 CFR 122.41(a)(2)]
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.
[33 USC 1319(c)(2)and 40 CFR 122.41(a)(2)]
e. 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$250,000 or imprisonment of not more than
15 years, or both.In the case of a second or subsequent conviction for a knowing endangerment violation,a
person shall be subject to a fine of not more than$500,000 or by imprisonment of not more than 30 years,or
both.An organization,as defined in section 309(c)(3)(B)(iii)of the CWA, shall,upon conviction of violating
the imminent danger provision,be subject to a fine of not more than$1,000,000 and can be fined up to
$2,000,000 for second or subsequent convictions. [40 CFR 122.41(a)(2)]
f. 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]
g. 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$16,000 per violation,with the maximum amount of any Class I penalty assessed not to exceed
$37,500.Penalties for Class II violations are not to exceed$16,000 per day for each day during which the
violation continues,with the maximum amount of any Class II penalty not to exceed$177,500. [33 USC
1319(g)(2)and 40 CFR 122.41(a)(3)]
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 with a reasonable likelihood of adversely affecting human health or the environment[40
CFR 122.41(d)].
3. Civil and Criminal Liability
Except as provided in permit conditions on'Bypassing"(Part H.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.
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 NCGS 143-
215.75 et seq. or Section 311 of the Federal Act,33 USG 1321.Furthermore,the Permittee is responsible for
consequential damages, such as fish kills, even though the responsibility for effective compliance may be
temporarily suspended.
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)].
6. Onshore or Offshore Construction
This permit does not authorize or approve the construction of any onshore or offshore physical structures or
facilities or the undertaking of any work in any navigable waters.
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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 15013-23].
8. 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)].
9. Duty to Reapply
If the Permittee wishes to continue an activity regulated by this permit after the expiration date of this permit,the
Permittee must apply for and obtain a new permit[40 CFR 122.41(b)].
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 unless permission for a
later date has been granted by the Director. (The Director shall not grant permission for applications to be
submitted later than the expiration date of the existing permit.) [40 CFR 122.21(d)]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.
11. Signatory Requirements
All applications,reports,or information submitted to the Permit Issuing Authority shall be signed and certified [40
CFR 122.41(k)].
a. 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].
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:
(1) The authorization is made in writing by a person described above;
(2) The authorization specified either an individual or a position having responsibility for the overall operation
of the regulated facility or activity, such as the position of plant manager,operator of a well or well field,
superintendent,a position of equivalent responsibility,or an individual or position having overall
responsibility for environmental matters for the company. (A duly authorized representative may thus be
either a named individual or any individual occupying a named position.); and
(3) The written authorization is submitted to the Permit Issuing Authority[40 CFR 122.22]
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c. 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]
d. Certification.Any person signing a document under paragraphs a. or b. of this section shall make the following
certification[40 CFR 122.22].NO OTHER STATEMENTS OF CERTIFICATION WILL BE ACCEPTED:
"I certify, under 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 orpersons 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."
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)].
13. Permit Modification,Revocation and Reissuance,or Termination
The issuance of this permit does not prohibit the permit issuing authority from reopening and modifying the permit,
revoking and reissuing the permit,or terminating the permit as allowed by the laws,rules,and regulations
contained in Title 40, Code of Federal Regulations,Parts 122 and 123;Title 15A of the North Carolina
Administrative Code, Subchapter 02H .0100; and North Carolina General Statute 143.215.1 et. al.
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 02H .0105(b)(2)
may cause this Division to initiate action to revoke the permit.
Section C. Operation and Maintenance of Pollution Controls
1. Certified Operator
Owners of classified water pollution control systems must designate operators, certified by the Water Pollution
Control System Operators Certification Commission(WPCSOCC),of the appropriate type and grade for the
system,and,for each classification must[T15A NCAC 08G.0201]:
a. designate one Operator In Responsible Charge(ORC)who possesses a valid certificate of the type and grade at
least equivalent to the type and grade of the system;
b. designate one or more Back-up Operator(s)in Responsible Charge(Back-up ORCs)who possesses a valid
certificate of the type of the system and no more than one grade less than the grade of the system,with the
exception of no backup operator in responsible charge is required for systems whose minimum visitation
requirements are twice per year; and
c. submit a signed completed"Water Pollution Control System Operator Designation Form"to the Commission
(or to the local health department for owners of subsurface systems)countersigned by the designated certified
operators,designating the Operator in Responsible Charge(ORC)and the Back-up Operator in Responsible
Charge(Back-up ORC):
(1) 60 calendar days prior to wastewater or residuals being introduced into a new system; or
(2) within 120 calendar days following:
➢ receiving notification of a change in the classification of the system requiring the designation of a new
Operator in Responsible Charge(ORC)and Back-up Operator in Responsible Charge(Back-up ORC)
of the proper type and grade; or
➢ a vacancy in the position of Operator in Responsible Charge(ORC)or Back-up Operator in
Responsible Charge(Back-up ORC).
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(3) within seven calendar days of vacancies in both ORC and Back-up ORC positions replacing or designating
at least one of the responsibilities.
The ORC of each Class I facility(or the Back-up ORC,when acting as surrogate for the ORC)must:
➢ 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 08G.0204.
The ORC of each Class II,III and IV facility(or the Back-up ORC,when acting as surrogate for the ORC)must:
➢ Visit the facility as often as is necessary to insure proper operation of the treatment system;the treatment
facility must be visited at least five days per week, excluding holidays
➢ Properly manage and document daily operation and maintenance of the facility
➢ Comply with all other conditions of 15A NCAC 08G.0204.
2. Proper Operation and Maintenance
The Permittee shall at all times properly operate and maintain all facilities and systems of treatment and control
(and related appurtenances)which are installed or used by the Permittee to achieve compliance with the conditions
of this permit. Proper operation and maintenance also includes adequate laboratory controls and appropriate quality
assurance procedures. This provision requires the 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)].
NOTE: Properly and officially designated operators are fully responsible for all proper operation and maintenance
of the facility,and all documentation required thereof,whether acting as a contract operator[subcontractor] or a
member of the Permittee's staff.
3. Need to Halt or Reduce not a Defense
It shall not be a defense for a Permittee in an enforcement action that it would have been necessary to halt or
reduce the permitted activity in order to maintain compliance with the condition of this permit[40 CFR 122.41(c)].
4. Bypassing of Treatment Facilities
a. 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.
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 required in Part
II.E.6. (24-hour notice).
c. 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.
(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.
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(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.
5. Upsets
a. 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 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.
b. Conditions necessary for a demonstration of upset:Any Permittee who wishes to establish the affirmative
defense of upset shall demonstrate,through properly signed, contemporaneous operating logs,or other relevant
evidence that:
(1)An upset occurred and that the Permittee can identify the 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.
c. 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.
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 except as permitted
by the Commission. The Permittee shall comply with all applicable state and Federal regulations governing the
disposal of sewage sludge,including 40 CFR 503, Standards for the Use and Disposal of Sewage Sludge;40 CFR
Part 258,Criteria For Municipal Solid Waste Landfills;and 15A NCAC Subchapter 2T,Waste Not Discharged To
Surface Waters.The Permittee shall notify the Permit Issuing Authority of any significant change in its sludge use
or disposal practices.
7. Power Failures
The Permittee is responsible for maintaining adequate safeguards(as required by 15A NCAC 02H.0124)to
prevent the discharge of untreated or inadequately treated wastes during electrical power failures either by means
of alternate power sources, standby generators or retention of inadequately treated effluent.
Section D. Monitoring and Records
1. Representative Sampling
Samples collected and measurements taken,as required herein, shall be representative of the permitted discharge.
Samples collected at a frequency less than daily shall be taken on a day and time that is representative of the
discharge for the period the sample represents.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 122.410)].
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.
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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NC DEQ/Division of Water Resources/Water Quality Permitting Section
ATTENTION: Central Files
1617 Mail Service Center
Raleigh,North Carolina 27699-1617
3. Flow Measurements
Appropriate flow measurement devices and methods consistent with accepted scientific practices shall be selected
and used to ensure the accuracy and reliability of measurements of the volume of monitored discharges. The
devices shall be installed,calibrated and maintained to ensure that the accuracy of the measurements 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.
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.
4. Test Procedures
Laboratories used for sample analysis must be certified by the Division. Permittees should contact the Division's
Laboratory Certification Section(919 733-3908)or visit https:Hdeq.nc.gov/about/divisions/water-resources/water-
resources-data/water-sciences-home-page/laboratory-certification-branch for information regarding laboratory
certifications.
Facilities whose personnel are conducting testing of field-certified parameters only must hold the appropriate field
parameter laboratory certifications.
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 CWA(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].
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.
5. Penalties for Tampering
The CWA 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].
6. 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
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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].
7. Recording Results
For each measurement or sample taken pursuant to the requirements of this permit,the Permittee shall record the
following information [40 CFR 122.41]:
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;
e. The analytical techniques or methods used;and
f. The results of such analyses.
8. Inspection and Entry
The Permittee shall allow the Director,or an authorized representative(including an authorized contractor acting as
a representative of the Director),upon the presentation of credentials and other documents as may be required by
law,to;
a. Enter,at reasonable times,upon the Permittee's premises where a regulated facility or activity is located or
conducted,or where records must be kept under the conditions of this permit;
b. Have access to and copy, at reasonable times,any records that must be kept under the conditions of this permit;
c. Inspect at reasonable times any facilities,equipment(including monitoring and control equipment),practices,
or operations regulated or required under this permit;and
d. Sample or monitor at reasonable times,for the purposes of assuring permit compliance or as otherwise
authorized by the CWA,any substances or parameters at any location[40 CFR 122.41(i)].
Section E Reporting Requirements
1. Change in Discharge
All discharges authorized herein shall be consistent with the terms and conditions of this permit. The discharge of
any pollutant identified in this permit more frequently than or at a level in excess of that authorized shall constitute
a violation of the permit.
2. Planned Changes
The Permittee shall give notice to the Director as soon as possible of any planned physical alterations or additions
to the permitted facility[40 CFR 122.41(1)].Notice is required only when:
a. The alteration or addition to a permitted facility may meet one of the criteria for new sources at 40 CFR
122.29(b); or
b. The alteration or addition could significantly change the nature or increase the quantity of pollutants
discharged.This notification applies to pollutants subject neither to effluent limitations in the permit,nor to
notification requirements under 40 CFR 122.42(a)(1);or
c. 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.
3. 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)].
4. Transfers
This permit is not transferable to any person without prior written notice to and approval from the Director in
accordance with 40 CFR 122.61. The Director may condition approval in accordance with NCGS 143-215.1,in
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particular NCGS 143-215.1(b)(4)b.2.,and may require modification or revocation and reissuance of the permit, or
a minor modification,to identify the new permittee and incorporate such other requirements as may be necessary
under the CWA [40 CFR 122.41(1)(3), 122.61] or state statute.
5. Monitoring Reports
Monitoring results shall be reported at the intervals specified elsewhere in this permit [40 CFR 122.41(1)(4)].
a. Monitoring results must be reported on a Discharge Monitoring Report(DMR)(See Part II.D.2)or forms
provided by the Director for reporting results of monitoring of sludge use or disposal practices.
b. If the Permittee monitors any pollutant more frequently than required by this permit using test procedures
approved under 40 CFR Part 136 and at a sampling location specified in this permit or other appropriate
instrument governing the discharge,the results of such monitoring shall be included in the calculation and
reporting of the data submitted on the DMR.
6. Twenty-four Hour Repo
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)].
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.
c. Occurrences outside normal business hours may also be reported to the Division's Emergency Response
personnel at(800) 858-0368 or(919)733-3300.
7. Other Noncompliance
The Permittee shall report all instances of noncompliance not reported under Part II.E.5 and 6. of this permit at the
time monitoring reports are submitted. The reports shall contain the information listed in Part II.E.6. of this permit
[40 CFR 122.41(1)(7)].
8. 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)].
9. Noncompliance Notification
The Permittee shall report by telephone to either the central office or the appropriate regional office of the Division
as soon as possible,but in no case more than 24 hours or on the next working day following the occurrence or first
knowledge of the occurrence of any of the following:
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 without treatment of all
or any portion of the influent to such station or facility.
Persons reporting such occurrences by telephone shall also file a written report within 5 days following first
knowledge of the occurrence.Also see reporting requirements for municipalities in Part IV.C.2.c. of this permit.
10. Availabilityports
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
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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.
11. Penalties for Falsification of Reports
The CWA 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
$25,000 per violation, or by imprisonment for not more than two years per violation,or by both[40 CFR 122.41].
12. Annual Performance Reports
Permittees who own or operate facilities that primarily collect or treat municipal or domestic wastewater and have
an average annual flow greater than 200,000 gallons per day 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.
The report shall be sent to:
NC DEQ/Division of Water Resources/Water Quality Permitting Section
ATTENTION: Central Files
1617 Mail Service Center
Raleigh,North Carolina 27699-1617
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PART III
OTHER REQUIREMENTS
Section A. Construction
a. 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(1)the Division has issued an
Authorization to Construct(AtC)permit or(2)the Permittee is exempted from such AtC permit requirements
under Item b. of this Section.
b. In accordance with NCGS 143-215.1(a5) [SL 2011-394],no permit shall be required to enter into a contract for the
construction,installation, or alteration of any treatment work or disposal system or to construct,install, or alter any
treatment works or disposal system within the State when the system's or work's principle function is to conduct,
treat, equalize,neutralize, stabilize,recycle,or dispose of industrial waste or sewage from an industrial facility and
the discharge of the industrial waste or sewage is authorized under a permit issued for the discharge of the
industrial waste or sewage into the waters of the State. Notwithstanding the above,the permit issued for the
discharge may be modified if required by federal regulation.
c. 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 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.
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):
a. 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 µg/L);
(2) Two hundred micrograms per liter(200 µg/L)for acrolein and acrylonitrile; five hundred micrograms per liter
(500 µg/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.
b. 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 µg/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. 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 adverse
impacts to waters of the State. This permit cannot be rescinded while any activities requiring this permit continue at the
permitted facility.
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PART IV
SPECIAL CONDITIONS FOR MUNICIPAL FACILITIES
Section A. Definitions
In addition to the definitions in Part II of this 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 CWA. [40 CFR 403.3 (i)and 0)and 15A NCAC 02H.0903(b)(11)]
Interference
Inhibition or disruption of the POTW treatment processes;operations;or its sludge process,use, or disposal which
causes or contributes to a violation of any requirement of the Permittee's(or any satellite POTW's if different from the
Permittee)NPDES,collection system,or non-discharge permit or prevents sewage sludge use or disposal in
compliance with specified applicable State and Federal statutes,regulations, or permits. [15A NCAC 02H
.0903(b)(14)]
Pass Through
A discharge which exits the POTW 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 duration of a violation,of
the Permittee's(or any satellite POTW's, if different from the Permittee)NPDES,collection system,or non-discharge
permit. [15A NCAC 02H .0903(b)(23)]
Publicly Owned Treatment Works(POTW)
A treatment works as defined by Section 212 of the CWA,which is owned by a State or local government organization.
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 the collection system, as defined in 15A NCAC 2T
.0402,only if it conveys wastewater to a POTW treatment plant. The term also means the local government
organization,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. In this context,the organization may be the owner of the POTW
treatment plant or the owner of the collection system into which an indirect discharger discharges. This second type of
POTW may be referred to as a"satellite POTW organization." [15A NCAC 02H.0903(b)(26)]
"Significant Industrial User" or"SIU"
An Industrial User that discharges wastewater into a publicly owned treatment works and that[I 5A NCAC 02H
.0903(b)(33)]:
1. Discharges an average of 25,000 gallons per day or more of process wastewater to the POTW(excluding sanitary,
noncontact cooling and boiler blowdown wastewaters);or
2. Contributes process wastewater which makes up five percent or more of the NPDES or non-discharge permitted
flow limit or organic capacity of the POTW treatment plant. In this context,organic capacity refers to BOD,TSS
and ammonia;or
3. Is subject to categorical standards under 40 CFR Part 403.6 and 40 CFR Parts 405-471; or
4. Is designated as such by the Permittee on the basis that the Industrial User has a reasonable potential for adversely
affecting the POTW's operation or for violating any pretreatment standard or requirement,or the POTW's effluent
limitations and conditions in its NPDES or non-discharge permit,or to limit the POTW's sludge disposal options;
5. Subject to approval under 15A NCAC 02H .0907(b),the Permittee may determine that an Industrial User meeting
the criteria in paragraphs 1 or 2 of this definition above has no reasonable potential for adversely affecting the
POTW's operation or for violating any pretreatment standard or requirement,the POTW's effluent limitations and
conditions in its NPDES or non-discharge permit,or to limit the POTW's sludge disposal options,and thus is not a
Significant Industrial User(SIU); or
6. Subject to approval under 15A NCAC 02H .0907(b),the Permittee may determine that an Industrial User meeting
the criteria in paragraph 3 of this definition above meets the requirements of 40 CFR Part 403.3(v)(2)and thus is a
non-significant categorical Industrial User.
Section B. Publicly Owned Treatment Works(POTWs)
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All POTWs must provide adequate notice to the Director of the following[40 CFR 122.42(b)]:
1. Any new introduction of pollutants into the POTW from an indirect discharger,regardless of the means of
transport,which would be subject to section 301 or 306 of CWA if it were directly discharging those pollutants;
and
2. 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.
3. For purposes of this paragraph,adequate notice shall include information on(1)the quality and quantity of effluent
introduced into the POTW,and(2)any anticipated impact that may result from the change of the quantity or
quality of effluent to be discharged from the POTW.
Section C. Municipal Control of Pollutants from Industrial Users.
1. Effluent limitations are listed in Part I of this permit. Other pollutants attributable to inputs from Industrial Users
discharging to the POTW 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.
2. Prohibited Discharges
a. The Permittee shall develop and enforce their Pretreatment Program to implement the prohibition against the
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 02H.0900 and 40 CFR 403. [40
CFR 403.5(a)(1)]
b. The Permittee shall develop and enforce their Pretreatment Program to implement the prohibitions against the
introduction of the following wastes in the waste treatment or waste collection system[40 CFR 403.5(b)]:
(1) 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;
(2) Pollutants which 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;
(3) Solid or viscous pollutants in amounts which cause obstruction to the flow in the POTW resulting in
Interference;
(4) 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;
(5) 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(1047)
unless the Division,upon request of the POTW,approves alternate temperature limits;
(6) Petroleum oil,non-biodegradable cutting oil, or products of mineral oil origin in amounts that will cause
Interference or Pass Through;
(7) 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; or
(8) Any trucked or hauled pollutants,except at discharge points designated by the POTW.
c. The Permittee shall investigate the source of all discharges into the POTW,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 POTW.
The Permittee shall report such discharges into the POTW 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 the discharge;the
investigation into possible sources;the period of the discharge,including exact dates and times; 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 the noncompliance,
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3. 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.
4. The Permittee shall require any Industrial User(IU)discharging to the POTW to meet Federal Pretreatment
Standards developed under Section 307(b)of the Act as amended(which includes categorical standards and
specific local limits,best management practices and narrative requirements).Prior to accepting wastewater from
any Significant Industrial User(SIU),the Permittee shall either develop and submit to the Division a new
Pretreatment Program or,as necessary, a modification of an existing Pretreatment Program, for approval as
required under section D below as well as 15A NCAC 02H .0907(a)and(b). [40 CFR 122.440)(2)]
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 CWA and implementing regulations or by the requirements of the
approved State pretreatment program,as appropriate.
Section D. Pretreatment Programs
Under authority of sections 307 (b)and(c)and 402(b)(8)of the CWA and implementing regulations 40 CFR 403,
North Carolina General Statute 143-215.3(14)and implementing regulations 15A NCAC 02H .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 122.440)(2)]
The Permittee shall operate its approved pretreatment program in accordance with Section 402(b)(8)of the CWA,40
CFR 403, 15A NCAC 02H.0900,and the legal authorities,policies,procedures, and financial provisions contained in
its pretreatment program submission and Division approved modifications thereof. Such operation shall include but is
not limited to the implementation of the following conditions and requirements. Terms not defined in Part II or Part IV
of this permit are as defined in 15A NCAC 02H .0903 and 40 CFR 403.3.
1. Sewer Use Ordinance(SUO)
The Permittee shall maintain adequate legal authority to implement its approved pretreatment program. [I 5A
NCAC 02H .0903(b)(32), .0905 and.0906(b)(1);40 CFR 403.8(f)(1)and 403.9(b)(1)and(2)]
2. Industrial Waste Survey(IWS)
The Permittee shall implement an IWS consisting of the survey of users of the POTW collection system or
treatment plant,as required by 40 CFR 403.8(f)(2)(i-iii)and 15A NCAC 02H.0905 [also 40 CFR 122.440)(1)],
including identification of all Industrial Users that may have an impact on the POTW 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. Where the Permittee accepts wastewater from one or more satellite POTWs,the
IWS for the Permittee shall address all satellite POTW services areas,unless the pretreatment program in those
satellite service areas is administered by a separate Permittee with an approved Pretreatment Program. The
Permittee shall submit a summary of its IWS activities to the Division at least once every five years,and as
required by the Division. The IWS submission shall include a summary of any investigations conducted under
paragraph C.2.c. of this Part. [15A NCAC 02H.0903(b)(13), .0905 and.0906(b)(2);40 CFR 403.8(f)(2)and 403.9]
3. 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 Parts ILD and II.E.5.). [15A
NCAC 02H .0903(b)(16), .0906(b)(3)and.0905]
4. Headworks Analysis(HWA)and Local Limits
The Permittee shall obtain Division approval of a 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 02H .0909, specific Local Limits to implement the prohibitions
listed in 40 CFR 403.5(a)and(b)and 15A NCAC 02H .0909.Pursuant to 40 CFR 403.5,local limits are
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enforceable Pretreatment Standards as defined by 40 CFR 403.3(1). [15A NCAC 02H.0903(b)(10), .0905, and
.0906(b)(4)]
5. 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 collection system or 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 HWA and the limits
from all 1UPs.Permitted IUP loadings for each parameter cannot exceed the treatment capacity of the POTW as
determined by the HWA. [15A NCAC 02H .0906(b)(6), .0909, .0916,and.0917;40 CFR 403.5,403.8(f)(1)(iii);
NCGS 143-215.67(a)]
6. Authorization to Construct(AtQ
The Permittee shall ensure that an Authorization to Construct permit(AtQ 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. [15A NCAC 02H .0906(b)(7)and.0905;NCGS 143-
215.1(a)(8)]
7. POTW Inspection&Monitoring of their IUs
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 02H.0908(e);40 CFR 403.8(f)(2)(v)] The
Permittee must:
a. Inspect all Significant Industrial Users(SIUs)at least once per calendar year;
b. Sample all Significant Industrial Users(SIUs)at least once per calendar year for all SIU permit-limited
parameters including flow except as allowed under 15A NCAC .0908(e);and
c. At least once per year,document an evaluation of any non-significant categorical Industrial User for
compliance with the requirements in 40 CFR 403.3(v)(2), and either continue or revoke the designation as non-
significant.
8. IU 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 02H.0908. [15A NCAC 02H .0906(b)(5)and.0905;40 CFR 403.8(f)(1)(v)and(2)(iii);40 CFR
122.440)(2)and 40 CFR 403.12]
9. Enforcement Response Plan(ERP)
The Permittee shall enforce and obtain appropriate remedies for violations of all pretreatment standards
promulgated pursuant to section 307(b)and(c)of the CWA(40 CFR 405 et. seq.),prohibitive discharge standards
as set forth in 40 CFR 403.5 and 15A NCAC 02H .0909, specific local limitations,and other pretreatment
requirements.All remedies, enforcement actions and other, shall be consistent with the Enforcement Response
Plan(ERP)approved by the Division. [15A NCAC 02H.0903(b)(7), .0906(b)(8)and.0905;40 CFR 403.8(f)(5)]
10. Pretreatment Annual Reports(PAR)
The Permittee shall report to the Division in accordance with 15A NCAC 02H.0908. In lieu of submitting annual
reports,Modified Pretreatment Programs developed under 15A NCAC 02H .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.
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 calendar year to the Division at the following
address:
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NC DEQ/Division of Water Resources/Water Quality Permitting Section
Pretreatment,Emergency Response,and Collection Systems(PERCS)Unit
1617 Mail Service Center
Raleigh,North Carolina 27699-1617
These reports shall be submitted by March 1 of each year and shall contain the following:
a. Narrative
A narrative summary detailing actions taken,or proposed,by the Permittee to correct significant non-
compliance and to ensure compliance with pretreatment requirements;
b. Pretreatment Program SummM(PPS)
A pretreatment program summary(PPS)on forms or in a format provided by the Division;
c. Significant Non-Compliance Report(SNCR)
A list of Industrial Users(IUs)in significant noncompliance(SNC)with pretreatment requirements,and the
nature of the violations on forms or in a format provided by the Division;
d. Industrial Data Summary Forms(IDSF)
Monitoring data from samples collected by both the POTW and the Significant Industrial Users(SIUs). These
analytical results must be reported on Industrial Data Summary Forms(IDSF)or on other forms or in a format
provided by the Division;
e. Other Information
Copies of the POTW's allocation table,new or modified enforcement compliance schedules,public notice of
IUs in SNC,a summary of data or other information related to significant noncompliance determinations for
IUs that are not considered SIUs, 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;
11. Public Notice
The Permittee shall publish annually a list of Industrial Users(Ns)that were in significant noncompliance(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 02H .0903(b)(34), .0908(b)(5)and.0905 and 40 CFR
403.8(f)(2)(viii)]
12. Record Keep
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 and shall retain all other Pretreatment Program records as required by 15A NCAC 02H .0908(f). [15A
NCAC 02H.0908(f);40 CFR 403.12(o)]
13. Pretreatment Program Resources
The Permittee shall maintain adequate funding and qualified personnel to accomplish the objectives of its approved
pretreatment program. and retain a written description of those current levels of inspection. [I 5A NCAC 02H
.0906(b)(9)and(10)and.0905;40 CFR 403.8(f)(3),403.9(b)(3)]
14. 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 40 CFR 403.18, 15 NCAC 02H .0114 and 15A NCAC 02H.0907.
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