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HomeMy WebLinkAboutNC0037711_Final Permit_20170623Water Resources ENVIRONMENTAL QUALITY June 23, 2017 VZ Top Mountain Villas Condominium I Association, Inc. 8550 United Plaza Blvd., Suite 1001 Baton Rouge, LA 70809 ROY COOPER Govertta MICHAEL S REGAN Sect elmp S JAY ZIMMERMAN Dip ec/ot Subject. Issuance of NPDES Permit NCO037711 VZ Top Homeowners Association WWTP Class 2 Macon County Dear Permittee: Division personnel have reviewed and approved your application for renewal of the subject permit. Accordingly, we are forwarding the attached NPDES discharge 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). The final permit includes the following significant changes from the existing permit: ➢ Section A. (2) has been added to require electronic submission of effluent data. Federal regulations require electronic submittal of all discharge monitoring reports (DMRs). ➢ Regulatory citations have been added to the permit. ➢ An updated outfall map has been included. 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. 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 any other Federal, State, or Local governmental permit that may be required. State of North Carolina I Environmental Quality I Water Resources 1617 Mail Service Center I Raleigh, NC 27699-1617 919 807 6300 919-807-6389 FAX https //deq nc gov/about/divisions/water-resources/water-resources-permits/wastewater-branch/npdes-wastewater-permits If you have any questions concerning this permit, please contact Emily Phillips at telephone number (919) 807-6479, or via e-mail [sarah.phillips@ncdenr.gov]. Si cerely, a S. Jay Zimmertnr cc: NPDES Unit Central Files Asheville Regional Office a Permit NCO037711 STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENTAL QUALITY DIVISION OF WATER RESOURCES PERMIT TO DISCHARGE WASTEWATER UNDER THE NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM (NPDES) 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, the VZ Top Mountain Villas Condominium I Association, Inc. is hereby authorized to discharge wastewater from a facility located at the VZ Top Homeowners Association (HOA) WWTP 850 Hudson Road, Highlands Macon County to receiving waters designated as Brooks Creek in the Savannah River Basin in accordance with effluent limitations, monitoring requirements, and other conditions set forth in Parts I, II, III and IV hereof. This permit shall become effective September 1, 2017. This permit and authorization to discharge shall expire at midnight on August 31, 2022. Signed this day June 23, 2017. S/ y Zimmerman, P.G. erector, Division of Water Resources By Authority of the Environmental Management Commission Permit NCO037711 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. VZ Top Mountain Villas Condominium I Association, Inc. is hereby authorized to: 1. continue to operate an existing 0.028 MGD extended aeration, tertiary -type wastewater treatment system utilizing; • aeration basin • final clarifier with sludge return • dual (2) filter beds • sludge holding tank • chlorinator • dechlorinator • flow measuring and recording, located at the VZ Top HOA WVJTP, 850 Hudson Road, Highlands, Macon County, and 2. discharge from said treatment works via Outfall 001, at the location specified on the attached map, into Brooks Creek [Stream Segment 3-10-2-3-31, a waterbody currently classified B; Trout within Sub -basin 03-13-01 of the Savannah River Basin. Permit NCO037711 Part 1. A. (1.) EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS [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. Such discharges shall be limited and monitored' by the Permittee as specified below: EFFLUENT CHARACTERISTICS LIMITS MONITORING REQUIREMENTS Monthly Daily Measurement Sample Sample Parameter Code Average Maximum Frequency Type Location Flow 50050 0 028 MGD Continuous RecordingInfluent or Effluent Total Residual Chlorine (TRC) 2 50060 28 pg/L 2 2l Week Grab Effluent BOD, 5 -day (20°C) C0310 30.0 mg/L 45.0 mg/L Weekly Grab Effluent Total Suspended Solids C0530 30 0 mg/L '45.0 mg/L Weekly Grab Effluent NH3 as N (April 1— October 31) C0610 11.8 mg/L 35.0 mg/L Weekly Grab Effluent NH3 as N C0610 Weekly Grab Effluent (November 1— March 31) Fecal Coliform (geometric mean) 31616 200/100 ml 400/100 ml Weekly Grab Effluent pH 00400 Not < 6 0 or > 9 Os. u. Weekly Grab Effluent Temperature (°C) 00010 Weekly Grab Effluent Footnote: 1. The permittee shall begin submitting discharge monitoring reports electronically using the Division's eDMR system [see A. (2) ] 2. The Division shall consider all effluent TRC values reported below 50µg/L to be compliant with the permit. However, the Permittee shall continue to record and submit all values reported by North Carolina certified test methods (including field certified), even if these values fall below 50 µg/1. THERE SHALL BE NO DISCHARGE OF FLOATING SOLIDS OR VISIBLE FOAM IN OTHER THAN TRACE AMOUNTS. Permit NCO037711 A. (2.) ELECTRONIC REPORTING OF DISCHARGE MONITORING REPORTS [NCGS 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 fcr 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.) (all 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 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 / Division of Water Resources / Water Quality Permitting Section ATTENTION: Central Files 1617 Mail Service Center Raleigh, North Carolina 27699-1617 If a permittee is unable to use titre 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. See "How to Request a Waiver from ElectronLc Reporting" section below. 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. Permit NC0037711 Starting on December 21, 2020, the permittee must electronically report the following compliance monitoring data and reports, when applicable: • Sewer Overflow/Bypass Event Reports; • 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. 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: http • / /www2.epa.gov/` compliance /final-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. Permit NC0037711 Information on eDMR and the application for a temporary electronic reporting waiver are found on the following web page: http: / / deg.nc. gov / about/ divisions /water -resources / edmr 4. Signatory Requirements [Supplements Section B. (11.) (b) and Supersedes Section B. (11.1 (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 II, 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://deg.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 certify, under penalty of law, that this document and all attachments were prepared under my direction or supervision in accordance with a system designed to assure that qualified personnel properly gather and evaluate the information submitted. Based on my inquiry of the person or persons who manage the system, or those persons directly responsible for gathering the info -oration, 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." 5. Records Retention [Supplements Section D. (6.11 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]. r Nz NC Hwy 106 t�. to � ,�.� .::• � �'�� �.�,. vf: _ �� �, %/ •� South4th Street/: \� �—� • ','. n�+� �t ly `, 1,. �� �`� xu;!F_ •��,,1�� 1.r1`._1\\\lc \1 Approximate Property Boundary: Forest Service Road Outfa11001 IU (flows 0� I t .� c A \, ; u Brooks Creek VZ Top HOA WWTP VZ Top Mountain Villas Condominium I Association, Inc Stale Grid/USGS Quad: G6SW /Highlands, NC Roe eivin Sv tream: Brooks Creek River Basin: Savannah River Basin Stream Class: B; Trout Stream SeemenC 3-10-2-3-3 latitude: 35°01' S7"24" Sub -Basin: 03-13-01 Loneitude: 83.13' HUC: 03060102 Facility Location (not to scale) North11NPDES Permit NCO037711 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 tunes 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/vanable volume: a series of grab samples collected at equal time intervals over a 24 hour period of discharge and combined proportional to the rate of flow measured at the time of individual sample collection, or (3) Variable time/constant volume a series of grab samples of equal volume collected over a 24 hour period with the time intervals between samples determined by a preset number of gallons passing the sampling point Flow measurement between sample intervals shall be determined by use of a flow recorder and totalizer, and the preset gallon interval between sample collection fixed at no greater than 1/24 of the expected total daily flow at the treatment system, or Version 11109120111 NPDES Permit Standard Conditions Page 2 of 18 (4) Constant tune/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 tune 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 Environment and Natural Resources 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 perrmt 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 mstream samples). Version 11109120111 NPDES Permit Standard Conditions Page 3 of 18 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 Authonty The Director of the Division of Water Resources Quarterly Average (concentration limit) The arithmetic mean of all samples taken over a calendar quarter Severe property damage Substantial physical damage to property, damage to the treatment facilities which causes them to become inoperable, or substantial and pennanent 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 Pennittee 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 unposed 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 Version 11109120111 NPDES Permit Standard Conditions Page 4 of 18 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 unprisonment 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 penrat issued under section 402 of the Act, and who knows at that time that he thereby ?laces 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)(ui) of the CWA, shall, upon conviction of violating the imminent danger provision, be subs pct 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 L-kelihood 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 II.C.4), "Upsets" (Part Il 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 respor_sible 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. Version 11/09/2011 1 NPDES Permit Standard Conditions Page 5 of 18 7 Severability The provisions of this permit are severable. If any provision of this penmt, 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 Perrot 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 Pen -nit 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 penmt, the Permittee must apply for and obtain a new permit [40 CFR 122 41(b)] 10 Expiration of Perrot The Perrmttee 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 Penmttee 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 mayor 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 122 221 Version 11109120111 NPDES Permit Standard Conditions Page 6 of 18 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 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 qual f ed 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 " 12 Permit Actions This penmt may be modified, revoked and-eissued, or terminated for cause The filing of a request by the Perrmttee for a permit modification, revoca.ion 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 perimt 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 admmistering 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. Oneration 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 Ccmmission (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 mmimum visitation requirements are twice per year, and c. subnnt 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) Version 11/09/2011 1 NPDES Permit Standard Conditions Page 7 of 18 (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 H, 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 Penmttee's staff 3 Need to Halt or Reduce not a Defense It shall not be a defense for a Penmttee in an enforcement action that it would have been necessary to halt or reduce the per nutted 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 Version 11109120111 NPDES Permit Standard Conditions Page 8 of 18 (3) The Permit Issumg Authority may approve an anticipated bypass, after considering its adverse effects, if the Permit Issumg Authority determines that it will meet the three conditions listed above in Paragraph c. (1) of this section. 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 tim: being properly operated, and (3) The Permittee subnutted notice of the upset as required in Part ILE 6.(b) of this pernnt (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 Perrmttee seeking to establish the occurrence of an upset has the burden of proof in any enforcement proceeding 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, Cntena For Municipal Solid Waste Landfills, and 15A NCAC Subchapter 2T, Waste Not Discharged To Surface Waters The Permittee shall notify the Penmt 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 Representative Samplmg 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 Version 11109120111 NPDES Permit Standard Conditions Page 9 of 18 NC DENR / Division of Water Resources / Water Quality Permitting Section ATTENTION Central Files 1617 Mail Service Center Raleigh, North Carolina 27699-1617 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 http //portal ncdenr org/web/wq/lab/cert) 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 nummum 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 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 Pernnttee's sewage sludge use and disposal activities, which shall be retained for a period of at least five years (or longer as required by 40 CFR 503), the Permittee shall retain records of all monitoring information, including ➢ all calibration and maintenance records ➢ all original strip chart recordings for continuous monitoring instrumentation ➢ copies of all reports required by this permit ➢ copies of all data used to complete the application for this permit These records or copies shall be maintained for a period of at least 3 years from the date of the sample, measurement, report or application This period may be extended by request of the Director at any time [40 CFR 122411 Version 11109120111 NPDES Permit Standard Conditions Page 10 of 18 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 tune of sampling or measurements, b The mdividual(s) who performed the sampling or measurements; c. The date(s) analyses were performed, d The mdividual(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 tunes, 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(1)] Section E Reporting Requirements 1 Change in Discharge All discharges authorized herem 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 pennitted facility may meet one of the cntena 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 to accordance with 40 CFR 122 61. The Director may condition approval to accordance with NCGS 143-215 1, in 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 penmttee and incorporate such other requirements as may be necessary under the CWA [40 CFR 122 41(1)(3), 122 6 1 ] or state statute Version 11109120111