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HomeMy WebLinkAboutNC0004987_Marshall Draft WW Permit - May 5 2015_20150305 PERMIT NO. NC0004987 Page 1 of 19 STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES DIVISION OF WATER RESOURCES Draft PERMIT TO DISCHARGE WASTEWATER UNDER THE NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM 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, Duke Energy Carolinas, LLC is hereby authorized to discharge wastewater from a facility located at Marshall Steam Station At the intersection of NC Highway 150 and NCSR 1841 Terrell Catawba County to receiving waters designated as the Catawba River (Lake Norman) in the Catawba River Basin in accordance with effluent limitations, monitoring requirements, and other applicable conditions set forth in Parts I, II, and III hereof. This permit shall become effective This permit and authorization to discharge shall expire at midnight on Signed this day DRAFT ________________________________________________ _____ S. Jay Zimmerman, Director Division of Water Resources By Authority of the Environmental Management Commission PERMIT NO. NC0004987 Page 2 of 19 SUPPLEMENT TO PERMIT COVER SHEET All previous NPDES Permits issued to this facility, whether for operation or discharge are hereby revoked, and as of this issuance, any previously issued permit bearing this number is no longer effective. Therefore, the exclusive authority to operate and discharge from this facility arises under the permit conditions, requirements, terms, and provisions included herein. Duke Energy Carolinas, LLC is hereby authorized to: 1. Continue to discharge:  once-through cooling water and intake screen backwash through outfall 001;  treated wastewater (consisting of metal cleaning wastes, coal pile runoff, ash transport water, domestic wastewater, low volume wastes, and FGD wet scrubber wastewater) from the ash settling basin through outfall 002  treated FGD wet scrubber wastewater to the ash settling basin through internal outfall 004  yard sump overflows through outfalls 002A and 002B  non-contact cooling water from the induced draft fan control house through outfall 003  2 potentially contaminated groundwater seeps (outfall 10). From a facility located at Duke Energy’s Marshall Steam Station at the intersection of NC Highway 150 and NCSR 1841 in Terrell, Catawba County; 2. Discharge from said treatment works at the locations specified on the attached map into the Catawba River (Lake Norman) which is classified WS-IV and B CA waters in the Catawba River Basin. PART I PERMIT NO. NC0004987 Page 3 of 19 A. (1.) Effluent Limitations and Monitoring Requirements (Outfall 001) [15A NCAC 02B .0400 et seq., 02B .0500 et seq.] During the period beginning on the effective date of this permit and lasting until expiration, the Permittee is authorized to discharge from Outfall 001 (once-through cooling water). Such discharges shall be limited and monitored2 by the Permittee as specified below: EFFLUENT CHARACTERISTICS DISCHARGE LIMITATIONS MONITORING REQUIREMENTS Monthly Average Daily Maximum Measurement Frequency Sample Type Sample Location Flow (MGD) Monitor & Report Daily Pump logs or similar readings Effluent Temperature (November 1 - June 30) 33.3 oC Daily Grab Effluent Temperature (July 1 - October 31) 34.4 oC Daily Grab Effluent Free Available Chlorine1 0.2 mg/L 0.5 mg/L Daily Grab Effluent NOTES: 1 Once-through cooling water shall not be chlorinated. Should the facility wish to chlorinate once-through cooling water, a permit modification must be issued prior to commencement of chlorination. The monitoring requirement and effluent limitations only apply if chlorination is commenced. 2 No later than 270 days from the effective date of this permit, begin submitting disc harge monitoring reports electronically using NC DWR’s eDMR application system. See Special Condition A. (29.). There shall be no discharge of floating solids or visible foam in other than trace amounts. PERMIT NO. NC0004987 Page 4 of 19 A. (2.) Effluent Limitations and Monitoring Requirements (Outfall 002) [15A NCAC 02B .0400 et seq., 02B .0500 et seq.] During the period beginning on the effective date of this permit and lasting until expiration, the Permittee is authorized to discharge from Outfall 002 (ash settling basin discharge). Such discharges shall be limited and monitored4 by the Permittee as specified below: EFFLUENT CHARACTERISTICS DISCHARGE LIMITATIONS MONITORING REQUIREMENTS Monthly Average Weekly Average Daily Maximum Measurement Frequency Sample Type Sample Location1 Flow (MGD) Monitor & Report Monthly Pump logs or similar readings Effluent Oil and Grease 9.0 mg/L 12.0 mg/L Quarterly Grab Effluent Total Suspended Solids2 20.0 mg/L 65.0 mg/L Monthly Grab Effluent Total Arsenic Quarterly Grab Effluent Total Copper 1.0 mg/L 1.0 mg/L See note 3 Grab Effluent Total Iron 1.0 mg/L 1.0 mg/L See note 3 Grab Effluent Total Mercury6 47.0 ng/L 47.0 ng/L Quarterly Grab Effluent Total Selenium Quarterly Grab Effluent Turbidity5 Monthly Grab Effluent Nitrate/nitrite as N Quarterly Grab Effluent Total Nitrogen (NO2+NO3+TKN) Monitor & Report Quarterly Grab Effluent Total Phosphorus Monitor & Report Quarterly Grab Effluent Chronic Toxicity See Part I, Section A. (15.) Quarterly Grab Effluent pH Between 6.0 and 9.0 Standard Units Monthly Grab Effluent NOTES: 1 Effluent sampling shall be conducted at the discharge from the ash settling basin prior to mixing with any other waste stream(s). 2 A total suspended solids monthly average of 40 mg/L is permitted provided the Permittee can demonstrate that the difference between the monthly average of 20 mg/L and 40 mg/L is the result of the concentration of total suspended solids in the intake water. 3 Monitoring shall be per occurrence of chemical metal cleaning and samples shall be from a representative discharge. 4 No later than 270 days from the effective date of this permit, begin submitting discharge monitoring reports electronically using NC DWR’s eDMR application system. See Special Condition A. (29.). 5 The discharge from this facility shall not cause turbidity in the receiving stream to exceed 50 NTU. If the instream turbidity exceeds 50 NTU due to natural background conditions, the discharge cannot cause turbidity to increase in the receiving stream. NTU - Nephelometric Turbidity Unit. 6 The facility shall use EPA method 1631E. There shall be no discharge of floating solids or visible foam in other than trace amounts. PERMIT NO. NC0004987 Page 5 of 19 A. (3.) Effluent Limitations and Monitoring Requirements (Outfall 002A) [15A NCAC 02B .0400 et seq., 02B .0500 et seq.] During the period beginning on the effective date of this permit and lasting until expiration, the Permittee is authorized to discharge from Outfall 002A (yard sump #1 overflows). Such discharges shall be limited and monitored3 by the Permittee as specified below: EFFLUENT CHARACTERISTICS DISCHARGE LIMITATIONS MONITORING REQUIREMENTS Monthly Average Daily Maximum Measurement Frequency Sample Type Sample Location1 Flow (MGD) Episodic Estimate Effluent pH Between 6.0 and 9.0 Standard Units Episodic Grab Effluent Total Suspended Solids Episodic Grab Effluent Total Iron See note 2 Grab Effluent NOTES: 1 Effluent samples shall be collected at a point upstream of the discharge to the Catawba River. 2 Sampling for iron is required when TSS is reported as greater than 100 mg/L. 3 No later than 270 days from the effective date of this permit, begin submitting discharge monitoring reports electronically using NC DWR’s eDMR application system. See Special Condition A. (29.). There shall be no discharge of floating solids or visible foam in other than trace amounts. All flows shall be reported on monthly DMRs. Should no flow occur during a given month, the words "No Flow" shall be clearly written on the front of the DMR. Episodic sampling is required per sump overflow occurrence lasting longer than one hour. All samples shall be of a representative discharge. PERMIT NO. NC0004987 Page 6 of 19 A. (4.) Effluent Limitations and Monitoring Requirements (Outfall 002B) [15A NCAC 02B .0400 et seq., 02B .0500 et seq.] During the period beginning on the effective date of this permit and lasting until expiration, the Permittee is authorized to discharge from Outfall 002B (yard sump #2 overflows). Such discharges shall be limited and mo nitored3 by the Permittee as specified below: EFFLUENT CHARACTERISTICS DISCHARGE LIMITATIONS MONITORING REQUIREMENTS Monthly Average Daily Maximum Measurement Frequency Sample Type Sample Location1 Flow (MGD) Episodic Estimate Effluent pH Between 6.0 and 9.0 Standard Units Episodic Grab Effluent Total Suspended Solids Episodic Grab Effluent Total Iron See note 2 Grab Effluent NOTES: 1 Effluent samples shall be collected at a point upstream of the discharge to the Catawba River. 2 Sampling for iron is required when TSS is reported as greater than 100 mg/L. 3 No later than 270 days from the effective date of this permit, begin submitting discharge monitoring reports electronically using NC DWR’s eDMR application system. See Special Condition A. (29.). There shall be no discharge of floating solids or visible foam in other than trace amounts. All flows shall be reported on monthly DMRs. Should no flow occur during a given month, the words "No Flow" shall be clearly written on the front of the DMR. Episodic sampling is required per sump overflow occurrence lasting longer than one hour. All samples shall be of a representative discharge. PERMIT NO. NC0004987 Page 7 of 19 A. (5.) Effluent Limitations and Monitoring Requirements (Outfall 003) [15A NCAC 02B .0400 et seq., 02B .0500 et seq.] During the period beginning on the effective date of this permit and lasting until expiration, the Permittee is authorized to discharge from Outfall 003 (non-contact cooling water from the induced draft fan control house). Such discharges shall be limited and monitored3 by the Permittee as specified below: EFFLUENT CHARACTERISTICS DISCHARGE LIMITATIONS MONITORING REQUIREMENTS Monthly Average Daily Maximum Measurement Frequency Sample Type Sample Location Flow (MGD) Temperature1 Total Residual Chlorine2 Free Available Chlorine2 0.2 mg/L 0.5 mg/L pH Between 6.0 and 9.0 Standard Units NOTES: 1 The temperature of the effluent shall be such as not to cause an increase in the temperature of the receiving stream of more than 2.8oC and in no case cause the ambient water temperature to exceed 29oC. 2 Monitoring requirements apply only if chlorine is added to the cooling water. Neither free available chlorine nor total residual chlorine may be discharged from any unit for more than two hours in any one day and not more than one unit in any plant may discharge free available chlorine or total residual chlorine at any one time. 3 No later than 270 days from the effective date of this permit, begin submitting discharge monitoring reports electronically using NC DWR’s eDMR application system. See Special Condition A. (29.). There shall be no discharge of floating solids or visible foam in other than trace amounts. Limitations shall be met at the discharge point. Monitoring frequencies are not specified as the discharge is to the intake canal for outfall 001. PERMIT NO. NC0004987 Page 8 of 19 A. (6.) Effluent Limitations and Monitoring Requirements (Internal Outfall 004) [15A NCAC 02B .0400 et seq., 02B .0500 et seq.] During the period beginning on the effective date of this permit and lasting until expiration, the Permittee is authorized to discharge from Internal Outfall 004 (treated FGD wet scrubber wastewater to ash settling basin). Such discharges shall be limited and monitored2 by the Permittee as specified below: EFFLUENT CHARACTERISTICS DISCHARGE LIMITATIONS MONITORING REQUIREMENTS Monthly Average Daily Maximum Measurement Frequency Sample Type Sample Location1 Flow (MGD) Monitor & Report Monthly Pump logs or similar readings Effluent Total Selenium 10.5 µg/L4 14.5 µg/L4 Quarterly Grab Effluent Total Mercury3 Quarterly Grab Effluent Total Arsenic 13.6 μg/L4 25.5 μg/L4 Quarterly Grab Effluent Nitrate/nitrite as N 0.13 mg/L4 0.17 mg/L4 Quarterly Grab Effluent pH Between 6.0 and 9.0 Standard Units Quarterly Grab Effluent NOTES: 1 Sample Location: E - Effluent samples shall be collected from the constructed wetland prior to discharge to the ash settling basin. 2 No later than 270 days from the effective date of this permit, begin submitting discharge monitoring reports electronically using NC DWR’s eDMR application system. See Special Condition A. (29.). 3 The facility shall use EPA method 1631E. 4 Facility is allowed 4.5 years from the effective date of the permit to comply with the TBELs. This time period is provided in order for the facility to budget, design, and construct the treatment system. Permit might be re-opened to implement the final EPA Effluent Guidelines and more stringent limits might be added. All flows shall be reported on monthly DMRs. Should no flow occur during a given month, the words "No Flow" shall be clearly written on the front of the DMR. Al l samples shall be of a representative discharge. PERMIT NO. NC0004987 Page 9 of 19 A. (7.) Effluent Limitations and Monitoring Requirements (Outfall 010) [15A NCAC 02B .0400 et seq., 02B .0500 et seq.] During the period beginning on the effective date of this permit and l asting until expiration, the Permittee is authorized to discharge from Outfall 010 (combined seep outfall). Such discharges shall be limited and monitored1 by the Permittee as specified below: EFFLUENT CHARACTERISTICS DISCHARGE LIMITATIONS MONITORING REQUIREMENTS Monthly Average Weekly Average Daily Maximum Measurement Frequency2 Sample Type Sample Location Total Suspended Solids 20.0 mg/L 65.0 mg/L Monthly Grab Effluent Total Arsenic 10.5 µg/L4 14.5 µg/L4 Monthly Grab Effluent Total Mercury3 47.0 ng/L4 47.0 ng/L4 Monthly Grab Effluent Total Selenium 13.6 μg/L4 25.5 μg/L4 Monthly Grab Effluent Nitrate/nitrite as N 0.13 mg/L4 0.17 mg/L4 Monthly Grab Effluent Flow Monitor & Report Monthly Grab Effluent TDS Monitor & Report Monthly Grab Effluent Chlorides Monitor & Report Monthly Grab Effluent Fluoride Monitor & Report Monthly Grab Effluent Total Barium Monitor & Report Monthly Grab Effluent Total Iron Monitor & Report Monthly Grab Effluent Total Manganese Monitor & Report Monthly Grab Effluent Total Zinc Monitor & Report Monthly Grab Effluent Total Cadmium Monitor & Report Monthly Grab Effluent Total Chromium Monitor & Report Monthly Grab Effluent Total Copper Monitor & Report Monthly Grab Effluent Total Lead Monitor & Report Monthly Grab Effluent Total Nickel Monitor & Report Monthly Grab Effluent Temperature Monitor & Report Monthly Grab Effluent Specific Conductance Monitor & Report Monthly Grab Effluent pH Between 6.0 and 9.0 Standard Units Monthly Grab Effluent NOTES: 1 No later than 270 days from the effective date of this permit, begin submitting discharge monitoring reports electronically using NC DWR’s eDMR application system. See Special Condition A. (29.). 2 After the first year, the monitoring frequency will be reduced to the semi-annual basis. 3 The facility shall use EPA method 1631E. 4 The limits can be met by installation of the treatment system, re -routing the discharge to the existing treatment system, or discontinuing the discharge. There shall be no discharge of floating solids or visible foam in other than trace amounts. PERMIT NO. NC0004987 Page 10 of 19 A. (8.) DEFINITIONS The term "low volume waste sources" means, taken collectively as if from one source, wastewater from all sources except those for which specific limitations are otherwise established in this part. Low volume wastes sources include, but are not limited to: Wastewater from wet scrubber air pollution control systems, ion exchange water treatment system, water treatment evaporator blowdown, laboratory and sampling streams, boiler blowdown, floor drains, and recirculating house service water systems. Sanitary and air conditioning wastes are not considered low volume wastes. The term "metal cleaning waste" means any wastewater resulting from cleaning (with or without chemical cleaning compounds) any metal process equipment including, but not limited to, boiler tube cleaning, boiler fireside cleaning, and air preheater cleaning. The term, "chemical metal cleaning waste" means any wastewater resulting from the cleaning of any metal process equipment with chemical compounds, including, but not limited to, boiler tube cleaning. Chemical metal cleaning will be conducted according to approved Duke Energy equivalency demonstration. The term "FGD wet scrubber wastewater" means wastewater resulting from the use of the flue-gas desulfurization wet scrubber. A. (9.) TOXICITY RE-OPENER CONDITION This permit shall be modified, or revoked and reissued to incorporate toxicity limitations and monitoring requirements in the event toxicity testing or other studies conducted on the effluent or receiving stream indicate that detrimental effects may be expected in the receiving stream as a result of this discharge. A. (10.) MONITORING FREQUENCIES If the Permittee, after monitoring for at least twelve sampling events, determines that effluent limits contained herein are consistently being met, it may be requested of the Director that the monitoring requirements be reduced to a lesser frequency. A. (11.) POLYCHLORINATED BIPHENYL COMPOUNDS There shall be no discharge of polychlorinated biphenyl compounds such as those commonly used for transformer fluid. A. (12.) BIOCIDE CONDITION The permittee shall not use any biocides except those approved in conjunction with the permit application. The permittee shall notify the Director in writing not later than ninety (90) days prior to instituting use of any additional biocide used in cooling systems which may be toxic to aquatic life other than those previously reported to the Division of Water Resources. Such notification shall include completion of Biocide Worksheet Form 101 and a map locating the discharge point and receiving stream. Completion of Biocide Worksheet Form 101 is not necessary for those outfalls containing toxicity testing. Division approval is not necessary for the introduction of new biocides into outfalls currently tested for whole effluent toxicity. A. (13.) INTAKE SCREEN BACKWASH Continued intake screen backwash discharge and overflow from the settling basin are permitted without limitations or monitoring requirements. PERMIT NO. NC0004987 Page 11 of 19 A. (14.) BEST MANAGEMENT PRACTICES It has been determined from information submitted that the plans and procedures in place at Marshall Steam Station are equivalent to that of a Best Management Practice (BMP). A. (15.) CHRONIC TOXICITY PASS/FAIL PERMIT LIMIT (QUARTERLY) – OUTFALL 002 [15A NCAC 02B .0200 et seq.] The effluent discharge shall at no time exhibit observable inhibition of reproduction or significant mortality to Ceriodaphnia dubia at an effluent concentration of 18.0%. The permit holder shall perform at a minimum, quarterly monitoring using test procedures outlined in the “North Carolina Ceriodaphnia Chronic Effluent Bioassay Procedure,” Revised December 2010, or subsequent versions or “North Carolina Phase II Chronic Whole Effluent Toxicity Test Procedure” (Revised- December 2010) or subsequent versions. The tests will be performed during the months of February, May, August, and November. These months signify the first month of each three- month toxicity testing quarter assigned to the facility. Effluent sampling for this testing must be obtained during representative effluent discharge and shall be performed at the NPDES permitted final effluent discharge below all treatment processes. If the test procedure performed as the first test of any single quarter results in a failure or ChV below the permit limit, then multiple-concentration testing shall be performed at a minimum, in each of the two following months as described in “North Carolina Phase II Chronic Whole Effluent Toxicity Test Procedure” (Revised-December 2010) or subsequent versions. All toxicity testing results required as part of this permit condition will be entered on the Effluent Discharge Monitoring Form (MR-1) for the months in which tests were performed, using the parameter code TGP3B for the pass/fail results and THP3B for the Chronic Value. Additionally, DWR Form AT-3 (original) is to be sent to the following address: Attention: North Carolina Division of Water Resources Water Sciences Section/Aquatic Toxicology Branch 1621 Mail Service Center Raleigh, North Carolina 27699-1621 Completed Aquatic Toxicity Test Forms shall be filed with the Water Sciences Section no later than 30 days after the end of the reporting period for which the repo rt is made. Test data shall be complete, accurate, include all supporting chemical/physical measurements and all concentration/response data, and be certified by laboratory supervisor and ORC or approved designate signature. Total residual chlorine of the effluent toxicity sample must be measured and reported if chlorine is employed for disinfection of the waste stream. PERMIT NO. NC0004987 Page 12 of 19 Should there be no discharge of flow from the facility during a month in which toxicity monitoring is required, the permittee will complete the information located at the top of the aquatic toxicity (AT) test form indicating the facility name, permit number, pipe number, county, and the month/year of the report with the notation of “No Flow” in the comment area of the form. The report shall be submitted to the Water Sciences Section at the address cited above. Should the permittee fail to monitor during a month in which toxicity monitoring is required, monitoring will be required during the following month. Assessment of toxicity compliance is based on the toxicity testing quarter, which is the three month time interval that begins on the first day of the month in which toxicity testing is required by this permit and continues until the final day of the third month. Should any test data from this monitoring requirement or tests performed by the North Carolina Division of Water Resources indicate potential impacts to the receiving stream, this permit may be re-opened and modified to include alternate monitoring requirements or limits. NOTE: Failure to achieve test conditions as specified in the cited document, such as minimum control organism survival, minimum control organism reproduction, and appropriate environmental controls, shall constitute an invalid test and will require immediate follow-up testing to be completed no later than the last day of the month following the month of the initial monitoring. A. (16.) ASH SETTLING BASIN Beginning on the effective date of this permit and lasting until expiration, there shall be no discharge of plant wastes to the ash pond unless the permittee provides and maintains at all times a minimum free water volume equivalent to the sum of the maximum 24-hour plant discharges plus all direct rainfall and all runoff flows to the pond resulting from a 10-year, 24-hour rainfall event, when using a runoff coefficient of 1.0. During the term of the permit, the permittee shall remove settled material from the ponds or otherwise enlarge the available storage capacities in order to maintain the required minimum volumes at all times. Annually the permittee shall determine and report to the permit issuing authority: (1) the actual free water volume of the ash pond, (2) physical measurements of the dimensions of the free water volume in sufficient detail to allow validation of the calculated volume, and (3) a certification that the required volume is available with adequate safety factor to include all solids expected to be deposited in the ponds for the following year. Any changes to plant operations affecting such certification shall be reported to the Director within five days. NOTE: In the event that adequate volume has been certified to exist for the term of the permit, periodic certification is not needed. A. (17.) CHEMICAL METAL CLEANING WASTES It has been demonstrated that under certain conditions it is possible to reduce the concentration of metals in boiler cleaning wastes in the range of 92 to 99+ percent by PERMIT NO. NC0004987 Page 13 of 19 treatment in ash ponds. Because of dilution problems, and the existence of boundary interface layers at the extremities of the plume, it is difficult to prove beyond doubt that the quantity of iron and copper discharged will always be less than one milligram per liter times the flow of metal cleaning when treated in this manner. The application of physical/chemical methods of treating wastes has also been demonstrated to be effective in the treatment of metal cleaning wastes. However, the effectiveness of ash pond treatment should be considered in relation to the small differences in effluent quality realized between the two methods. It has been demonstrated that the presence of ions of copper, iron, nickel, and zinc in the ash pond waters was not measurably increased during the ash pond equivalency demonstration at the Duke Energy’s Marshall Steam Station. Therefore, when the following conditions are implemented during metal cleaning procedures, effective treatment for metals can be obtained at this facility: (1) Large ash basin providing potential reaction volumes. (2) Well-defined shallow ash delta near the ash basin influent. (3) Ash pond pH of no less than 6.5 prior to metal cleaning waste addition. (4) Four days retention time in ash pond with effluent virtually stopped. (5) Boiler volume less than 86,000 gallons. (6) Chemicals for cleaning to include only one or more of the following: (a) Copper removal step- sodium bromate, NaBrO3; ammonium carbonate, (NH4)2CO3; and ammonium hydroxide, NH4OH. (b) Iron removal step-hydrochloric acid, HCl; and ammonium bifluoride, (NH 4)BF2 and proprietary inhibitors. (7) Maximum dilution of wastes before entering ash pond 6 to 1. (8) After treatment of metal cleaning wastes, if monitoring of basin effluents as required by the permit reveals discharges outside the limits of the permit, the permittee will re-close the basin discharge, conduct such in-basin sampling as necessary to determine the cause of nonconformance, will take appropriate corrective actions, and will file a report with EPA including all pertinent data. A. (18.) FLOATING MATERIALS The Permittee shall report all visible discharges of floating materials, such as an oil sheen, to the Director when submitting DMRs. A. (19.) CHEMICAL DISCHARGES Discharge of any product registered under the Federal Insecticide, Fungicide, and Rodenticide Act to any waste stream which may ultimately be released to lakes, rivers, streams or other waters of the United States is prohibited unless specifically authorized elsewhere in this permit. Discharge of chlorine from the use of chlorine gas, sodium hypochlorite, or other similar chlorination compounds for disinfection in plant potable and service water systems and in sewage treatment is authorized. Use of restricted use pesticides for lake management purposes by applicators licensed by the N.C. Pesticide Board is allowed. PERMIT NO. NC0004987 Page 14 of 19 A. (20.) PRIORITY POLLUTANT ANALYSIS – OUTFALL 002 The Permittee shall conduct a priority pollutant analysis (in accordance with 40 CFR Part 136) once per permit cycle at outfall 002 and submit the results with the application for permit renewal. A. (21.) WAIVERS Nothing contained in this permit shall be construed as a waiver by permittee or any right to a hearing it may have pursuant to State or Federal laws or regulations. A. (22.) GROUNDWATER MONITORING WELL CONSTRUCTION AND SAMPLING The permittee shall conduct groundwater monitoring to determine the compliance of this NPDES permitted facility with the current groundwater standards found under 15A NCAC 2L .0200. The monitoring shall be conducted in accordance with the Sampling Plan approved by the Division. A. (23.) STRUCTURAL INTEGRITY INSPECTIONS OF ASH POND DAM The facility shall meet the dam design and dam safety requirements per 15A NCAC 2K. A. (24.) CLEAN WATER ACT SECTION 316(a) THERMAL VARIANCE The thermal variance granted under Section 316(a) terminates on expiration of the NPDES permit. Should the permittee request a continuation of its 316(a) thermal variance beyond the term of this permit, reapplication for such continuation shall be submitted in accordance with 40 CFR Part 125, Subpart H and Section 122.21(1)(6) not later than 180 days prior to permit expiration. Reapplication shall include a basis for continuation such as a) plant operating conditions and load factors are unchanged and are expected to remain so for the term of the reissued permit; b) there are no changes to plant discharges or other discharges in the plant site area which could interact with the thermal discharges; and c) there are no changes to the biotic community of the receiving water body which woul d impact the previous variance determination. The next 316 (a) studies shall be performed in accordance with the Division of Water Resources approved plan. The temperature analysis and the balanced and indigenous population (BIP) study plan shall conform to the specifications outlined in 40 CFR 125 Subpart H and the EPA’s Draft 316a Guidance Manual, dated 1977. The EPA shall be provided an opportunity to review the plan prior to the commencement of the study. A. (25.) CLEAN WATER ACT SECTION 316 (B) The permittee shall comply with the Cooling Water Intake Structure Rule per 40 CFR 125.95. The permittee shall submit all the materials required by the Rule with the next renewal application. A. (26.) FISH TISSUE MONITORING NEAR ASH POND DISCHARGE – OUTFALL 002 The facility shall conduct fish tissue monitoring once during the permit term and submit the results with the NPDES permit renewal application. The objective of the monitoring is to evaluate potential uptake of pollutants by fish tissue near the Ash Pond discharge. The parameters analyzed in fish tissue shall be arsenic, selenium, and mercury. The monitoring shall be conducted in accordance with the Sampling Plan approved by the Division. PERMIT NO. NC0004987 Page 15 of 19 A. (27.) INSTREAM MONITORING The facility shall conduct semiannual instream monitoring (one upstream and one downstream of the ash pond discharge) for arsenic, selenium, mercury (method 1631E), chromium, lead, cadmium, copper, zinc, and total dissolved solids (TDS). Instream monitoring should be conducted at the statio ns that have already been established through the BIP monitoring program. The monitoring results shall be submitted with the NPDES permit renewal application. A. (28.) SEEP POLLUTANT ANALYSIS Seeps with locations identified in Appendix A are classified collectively as Outfall 010. The facility shall continue to implement the Plan for Identification of New Discharges (see Appendix B) to determine if new seeps have emerged. Seeps are ephemeral in nature and enter the river at various changing locations. Seeps entering the river from the upstream edge of permittee’s property to the downstream property boundary shall be calculated as if entering at one location. Permittee shall conduct seep identification survey semi-annually to determine if new seeps have started or that previously identified seeps have significantly changed in size or flow. New seeps identified through the seep survey or otherwise discovered or reported to the permittee shall have their flow calculated, be sampled for parameters indicated with results and location(s) reported to Division of Water Resources within 5 days of detection (location only, sampling results shall be submitted within 30 days of sampling) for administrative inclusion in Appendix A. Newly identified seeps or seeps whose flow increases will not be considered as new outfalls or wastestream requiring modification of the permit as long as total flow of all seeps does not exceed 0.5 million gallons per day (MGD) and pollutant characterization is similar to previously identified seeps identified in Table 1 and formation of seep(s) or increase in flow was not caused by change in operations by permittee. If the pollutant sampling concentration of a new seep exceeds the concentrations in Table 1 the Division will calculate reasonable potential and determine if either administrative inclusion of the seep or formal modification of the permit is necessary. Permittee will be notified by the Division within 30 days of receiving the sampling results if permit modification is necessary. The maximum allowable parameter concentration in Table 1 is determined by multiplying the highest baseline seep concentration levels by 10. Table 1. Seep Monitoring Parameters and Screening Values Parameter Maximum allowable parameter concentration Maximum allowable total flow for all existing and future seeps Chlorides 51.0 mg/L 0.5 MGD Fluoride 5.0 mg/L 0.5 MGD Total Mercury1 47.0 ng/L 0.5 MGD PERMIT NO. NC0004987 Page 16 of 19 (Method 1631E) Total Barium 0.98 mg/L 0.5 MGD Total Iron 44.1 mg/L 0.5 MGD Total Manganese 9.36 mg/L 0.5 MGD Total Zinc 50.0 µg/L 0.5 MGD Arsenic1 14.5 µg/L 0.5 MGD Total Cadmium 10.0 µg/L 0.5 MGD Total Chromium 14.7 µg/L 0.5 MGD Total Copper 10.0 µg/L 0.5 MGD Total Lead 25.0 µg/L 0.5 MGD Total Nickel 25.0 µg/L 0.5 MGD Selenium1 25.5 µg/L 0.5 MGD Nitrate/Nitrite as N1 0.17 mg/L 0.5 MGD pH 6.0 – 9.0 0.5 MGD TDS 500.0 mg/L 0.5 MGD TSS 65.0 mg/L 0.5 MGD Temperature monitor 0.5 MGD Specific Conductance monitor 0.5 MGD Notes: 1. Technology Based Effluent Limits. The limits can be met by installation of the treatment system, re-routing the discharge to the existing treatment system, or discontinuing the discharge. A. (29.) ELECTRONIC REPORTING OF DISCHARGE MONITORING REPORTS (STATE ENFORCEABLE ONLY) [G.S. 143-215.1(b)] Proposed federal regulations require electronic submittal of all discharge monitoring reports (DMRs) and specify that, if a state does not establish a system to receive such submittals, then permittees must submit DMRs electronically to the Environmental Protection Agency (EPA). The Division anticipates that these regulations will be adopted and is beginning implementation in late 2013. 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 [Supersedes Section D. (2.) and Section E. (5.) (a)] Beginning no later than 270 days from the effective date of this permit, the permittee shall begin reporting discharge monitoring data electronically using the NC DWR’s Electronic Discharge Monitoring Report (eDMR) internet application. PERMIT NO. NC0004987 Page 17 of 19 Monitoring results obtained during the previous month(s) shall be summarized for each month and submitted electronically using eDMR. The eDMR system allows permitted facilities to enter monitoring data and submit DMRs electronically using the internet. Until such time that the state’s eDMR application is compliant with EPA’s Cross-Media Electronic Reporting Regulation (CROMERR), permittees will be required to submit all discharge monitoring data to the state electronically using eDMR and will be required to complete the eDMR submission by printing, signing, and submitting one signed original and a copy of the computer printed eDMR to the following address: NC DENR / DWR / Information Processing Unit ATTENTION: Central Files / eDMR 1617 Mail Service Center Raleigh, North Carolina 27699-1617 If a permittee is unable to use the eDMR system due to a demonstrated hardship or due to the facility being physically located in an area where less than 10 percent of the households have broadband access, then a temporary waiver from the NPDES electronic reporting requirements may be granted and discharge monitoring data may be submitted on paper DMR forms (MR 1, 1.1, 2, 3) or alternative forms approved by the Director. Duplicate signed copies shall be submitted to the mailing address above. Requests for temporary waivers from the NPDES electronic reporting requirements 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 using eDMR. Temporary waivers shall be valid for twelve (12) months and shall thereupon expire. At such time, DMRs shall be submitted electronically to the Division unless the permittee re-applies for and is granted a new temporary waiver by the Division. Information on eDMR and application for a temporary waiver from the NPDES electronic reporting requirements is found on the following web page: http://portal.ncdenr.org/web/wq/admin/bog/ipu/edmr 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. 2. Signatory Requirements [Supplements Section B. (11.) (b) and supersedes Section B. (11.) (d)] All eDMRs submitted to the permit issuing authority shall be signed by a person described in Part II, Section B. (11.)(a) or by a duly authorized representative of that person as described in Part II, Section B. (11.)(b). A person, and not a position, must be delegated signatory authority for eDMR reporting purposes. PERMIT NO. NC0004987 Page 18 of 19 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://portal.ncdenr.org/web/wq/admin/bog/ipu/edmr Certification. Any person submitting an electronic DMR using the state’s eDMR system shall make the following certification [40 CFR 122.22]. NO OTHER STATEMENTS OF CERTIFICATION WILL BE ACCEPTED: "I certify, under penalty of law, th at this document and all attachments were prepared under my direction or supervision in accordance with a system designed to assure that qualified personnel properly gather and evaluate the information submitted. Based on my inquiry of the person or persons who manage the system, or those persons directly responsible for gathering the information, the information submitted is, to the best of my knowledge and belief, true, accurate, and complete. I am aware that there are significant penalties for submitting false information, including the possibility of fines and imprisonment for knowing violations." 3. 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]. A. (30.) APPLICABLE STATE LAW (STATE ENFORCEABLE ONLY) This facility shall meet the requirements of Senate Bill 729 (Coal Ash Management Act). This permit may be reopened to include new requirements imposed by Senate Bill 729. PERMIT NO. NC0004987 Page 19 of 19 Appendix A The permittee has identified 2 potentially contaminated seeps in the areas adjacent to the Lake Norman. The locations of the seeps are identified on the map attached to the permit. Existing and newly identified seeps shall be sampled on a monthly basis for the first 12 months. After the first year the monitoring frequency will be reduced to a semi-annual basis. Seep Coordinates and Assigned Outfall Numbers Seep ID Latitude Longitude Outfall number S-1 35o36’71” 80o57’62” 101 S-2 35o42’56” 80o21’56’ 102 Appendix B Plan for Identification of New Discharges.