NC0028827_Final Permit_20170626

,i
Water Resources
ENVIRONMENTAL QUALITY
June 26, 2017
Ms. Rose Tankard, Administrator
Snug Harbor Management, LLC
PO Box 150
Sea Level, NC 28577-0150
ROY COOPER
Govemot
MICHAEL S REGAN
sec, emij,
S JAY ZIMMERMAN
Do ecloi
Subject: Issuance of NPDES Permit NCO028827
Snug Harbor on Nelson Bay WWTP
Carteret County
Class WW -2
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:
➢ Removal of the Chart Recorder, and installation of an Ultrasonic Flow Meter Totalizer
at the plant effluent.
➢ Section A. (3) 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 [phone], or via e-mail [[e-mail]].
Sincerely,
S. Jay Zimmerm na
cc: NPDES Unit
Central Files
Wilmington Regional Office
6 '

Permit NCO028827
STATE OF NORTH CAROLINA
DEPARTMENT OF ENVIRONMENTAL QUALITY
DIVISION OF WATER RESOURCES
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,
Snug Harbor Management, LLC
is hereby authorized to discharge wastewater from a facility located at the
Snug Harbor on Nelson Bay
272 US Highway 70, northeast of Sea Level
Carteret County
to receiving waters designated as Salters Creek in sub -basin 03-05-04 of the White
Oak River Basin in accordance with effluent limits, monitoring requirements, and other
conditions set forth in Parts I, II, III and IV hereof.
This permit shall become effective August 1, 2017.
This permit and authorization to discharge shall expire at midnight on July 31, 2022.
Signed this day June 26, 2017.
any Zimmerman, P.G.
Director, Division of Water Resources
By Authority of the Environmental Management Commission
Page 1 of 8

Permit NCO028827
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.
Snug Harbor Management, LLC is hereby authorized to:
1. Continue to operate an existing 0.020 MGD wastewater treatment system that includes
the following components:
♦ Flow equalization with dual pumps and aeration
♦ Dual 12,000 -gallon aeration basins
♦ Dual 4,416 -gallon clarifiers
♦ Dual high -rate mixed -media tertiary filters
♦ 6,000 -gallon aerated sludge digester
♦ Chlorine disinfection
♦ 3,600 -gallon chlorine contact basin
♦ Dechlorination equipment
♦ Aerated effluent pump station
♦ Standby power
♦ Ultrasonic Flow Meter Totalizer and Flume
The facility is located at 272 US Highway 70 (northeast of Sea Level) at the Snug Harbor
on Nelson Bay WWTP, in Carteret County.
2. Discharge from said treatment works at the location specified on the attached map into
Salters Creek, currently classified SC waters in hydrologic unit 03020105 of the White
Oak River Basin.
Page 2 of 8

Permit NC0028827
Part I.
A. (1) EFFLUENT LIMITS 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 treated wastewater from outfall 001. Such discharges
shall be limited and monitored4 by the permittee as specified below:
PARAMETERS
EFFLUENT LIMITS
MONITORING REQUIREMENTS
Monthly
Daily
Unit of
Measurement
Sample
Parameter Code
Average
Maximum
Measure
Frequency
Sample Type
Location
Flow, in conduit or thru treatment plant
0 020
MGD
Weekly
Instantaneous
Influent or
[50050]
Effluent
BOD, 5 -Day (20 Deg. C)
300
45.0
mg/L
Weekly
Grab
Effluent
C0310
Total Suspended Solids
300
45.0
mg/L
Weekly
Grab
Effluent
C0530
Ammonia Nitrogen (as N)
mg/L
Weekly
Grab
Effluent
C0610
Total Residual Chlorine,
13
pg/L
2 / Week
Grab
Effluent
50060
Temperature, ° Centigrade
deg. C
Weekly
Grab
Effluent
00010
Dissolved Oxygen
Daily average > 5.0 mg/L
mg/L
Weekly
Grab
Effluent
00300
Enterococci, colony forming units
35
276
cfu/100ml
Weekly
Grab
Effluent
(geometric mean 61211
Total Copper s
Quarterly
Grab
Effluent
01042
Acute Toxicity s
Quarterly
Grab
Effluent
GE3E
pH
00400]
> 6.8 and < 8.5
Standard
units
Weekly
Grab
Effluent
Footnotes:
1. The Permittee shall report all effluent TRC values reported by a NC -certified laboratory [including
field -certified]. Effluent values < 50 pg/L will be treated as zero for compliance purposes.
2. Samples for total copper should be collected at the same sampling events for Aquatic Toxicity testing.
3. See A. (2) for details.
4. The Permittee shall submit discharge monitoring reports electronically using the Division's eDMR
system [see A. (3)].
THERE SHALL BE NO DISHCHARGE OF FLOATING SOLIDS OR VISIBLE FOAM IN OTHER THAN
TRACE AMOUNTS.
Page 3 of 8

Permit NCO028827
'A. (2.) ACUTE TOXICITY PASS/FAIL LIMIT (Quarterly)
[ 15A NCAC 02B .0200 et seq.]
The permittee shall conduct acute toxicity tests on a quarterly basis using protocols defined
in the North Carolina Procedure Document entitled "Pass/Fail Methodology for Determining
Acute Toxicity In A Single Effluent Concentration" (Revised -July, 1992 or subsequent
versions). The monitoring shall be performed as a Mysid Shrimp (Mysidopsis bahia) 24-hour
static test. The effluent concentration at which there may be at no time significant acute
mortality is 90% (defined as treatment two in the procedure document). Effluent samples for
self-monitoring purposes must be obtained during representative effluent discharge below all
waste treatment. The tests will be performed during the months of January, April, July,
and October.
All toxicity testing results required as part of this permit condition will be entered on the
Effluent Discharge Monitoring Form (MR -1) for the month in which it was performed, using
the parameter code TGE3E. Additionally, DWQ Form AT -2 (original) is to be sent to the
following address:
Attention: NC DENR / DWQ / Environmental Sciences Section
1621 Mail Service Center
Raleigh, NC 27699-1621
Completed Aquatic Toxicity Test Forms shall be filed with the Environmental Sciences
Section no later than 30 days after the end of the reporting period for which the report is
made.
Test data shall be complete and accurate and include all supporting chemical/physical
measurements performed in association with the toxicity tests, as well as all dose/response
data. Total residual chlorine of the effluent toxicity sample must be measured and reported if
chlorine is employed for disinfection of the waste stream.
Should there be no discharge of flow from the facility during a month in which toxicity
monitoring is required, the permittee will complete the information located at the top of the
aquatic toxicity (AT) test form indicating the facility name, permit number, pipe number,
county, and the month/year of the report with the notation of "No Flow" in the comment area
of the form. The report shall be submitted to the Environmental Sciences Section at the
address cited above.
Should any single quarterly monitoring indicate a failure to meet specified limits, then
monthly monitoring will begin immediately until such time that a single test is passed.
Upon passing, this monthly test requirement will revert to quarterly in the months
specified above.
Should the permittee fail to monitor during a month in which toxicity monitoring is required,
then monthly monitoring will begin immediately until such time that a single test is passed.
Upon passing, this monthly test requirement will revert to quarterly in the months specified
above.
Page 4 of 8

Permit NCO028827
Should any test data from either these monitoring requirements or tests performed by the
North Carolina Division of Water Quality indicate potential impacts to the receiving stream,
this permit may be re -opened and modified to include alternate monitoring requirements or
limits.
If the Permittee monitors any pollutant more frequently than required by this permit, the
results of such monitoring shall be included in the calculation & reporting of the data
submitted on the DMR & all AT Forms submitted.
NOTE: Failure to achieve test conditions as specified in the cited document, such as
minimum control organism survival and appropriate environmental controls, shall constitute
an invalid test and will require immediate follow-up testing to be completed no later than the
last day of the month following the month of the initial monitoring.
USE OF A DIFFERENT TEST ORGANISM
The permittee may request the use of a different test organism upon documentation that the
alternate test organism would provide an equal or greater level of protection and is
appropriate based on the characteristics of the discharge and receiving stream. Such
documentation would consist of one of the following:
1. For saltwater classified streams, a fathead minnow may be assigned as the acute
testing species if the salinity of the receiving stream at the point of discharge is <5 ppt
throughout the tidally influenced cycle. This determination may be based on the best
professional judgment of DWQ staff or data collection provided by the permittee and
approved by DWQ staff. This evaluation should include vertical profiles of
salinity/ conductivity measurements at both high tide and low tide over several 24 hr
cycles.
2. Three consecutive "side-by-side" tests with results indicating that the alternate test
organism is as or more sensitive to the facility's effluent. Each test series would
consist of two separate toxicity tests conducted on the same sample of effluent with
the length of exposure specified by the permit, the only difference between the tests
being the organism used.
3. An alternate plan developed by the permittee and approved by the Aquatic Toxicology
Unit that demonstrates an equal level of protection is offered by the test organism.
For items 2 and 3, it must also be demonstrated that viable and standardized culture
techniques are available for that organism and standardized testing methodologies have been
developed and validated. This demonstration should meet guidance provided by EPA in
Section 6 of EPA -821-R-02-012, Short Term Methods for Estimating the Acute Toxicity of
Effluents and Receiving Waters to Freshwater Organisms (Fifth Edition, 2002). Requests to
use a different test organism and supporting documentation should be sent to the Division's
ESS at the address listed above.
A. (3.) 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.
Page 5 of 8

Permit NC0028827
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. Reportinjg Requirements [Supersedes Section D. (2.) and Section E. (5.) (a)1
The permittee shall report discharge monitoring data electronically using the NC DWR's
Electronic Discharge Monitoring Report (eDMR) internet application.
Monitoring results obtained during the previous month(s) shall be summarized for each
month and submitted 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 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. See "How to
Request a Waiver from Electronic 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.
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.
Page 6 of 8

Permit NC0028827
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/comphance/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.
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
Page 7 of 8

Permit NC0028827
4. minatory 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 eDIJIR 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 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. "
5. Records Retention jSupplements Section D. (6.1]
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].
Page 8 of 8

1
I
I
4
70 Long
r Qa)
Outfall 001
Isaiah
~
Cemetery
roa Creek Point
371 '79
N
37
NCO028827 - Snug Harbor on Nelson Bay
Facility
Latitude: 34°53'15" Stream Class: SC
Location
Longitude: 76°24'00" Subbasin:03-05-04
USGS Quad: Long Bay HUC Code: 03020105
River Basin: White Oak
Carteret County
Receiving Stream: Salters Creek
Map not to scale

NPDES Permit Standard Conditions
Page 1 of 18
PART II
STANDARD CONDITIONS FOR NPDES PERMITS
Section A. Definitions
2/Month
Samples are collected twice per month with at least ten calendar days between sampling events These samples shall be
representative of the wastewater discharged during the sample period
3/Week
Samples are collected three times per week on three separate calendar days These samples shall be representative of
the wastewater discharged during the sample period
Act or "the Act"
The Federal Water Pollution Control Act, also known as the Clean Water Act (CWA), as amended, 33 USC 1251, et
seq
Annual Average
The arithmetic mean of all "daily discharges" of a pollutant measured during the calendar year In the case of fecal
coliform, the geometric mean of such discharges
Arithmetic Mean
The summation of the individual values divided by the number of individual values
Bypass
The known diversion of waste streams from any portion of a treatment facility including the collection system, which is
not a designed or established or operating mode for the facility
Calendar Day
The period from midnight of one day until midnight of the next day However, for purposes of this permit, any
consecutive 24-hour period that reasonably represents the calendar day may be used for sampling
Calendar Week
The period from Sunday through the following Saturday
Calendar Quarter
One of the following distinct penods- 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 tune/variable volume a series of grab samples collected at equal time intervals over a 24 hour period
of discharge and combined proportional to the rate of flow measured at the time of individual sample
collection, or
(3) Variable time/constant volume a series of grab samples of equal volume collected over a 24 hour period with
the time intervals between samples determined by a preset number of gallons passing the sampling point Flow
measurement between sample intervals shall be determined by use of a flow recorder and totalizer, and the
preset gallon interval between sample collection fixed at no greater than 1/24 of the expected total daily flow at
the treatment system, or
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NPDES Permit Standard Conditions
Page 2 of 18
(4) Constant time/constant volume: a series of grab samples of equal volume collected over a 24-hour period at a
constant tune interval. Use of this method requires prior approval by the Director This method may only be
used in situations where effluent flow rates vary less than 15 percent The following restrictions also apply:
➢ Influent and effluent grab samples shall be of equal size and of no less than 100 milliliters
➢ Influent samples shall not be collected more than once per hour
➢ Permittees with wastewater treatment systems whose detention time < 24 hours shall collect effluent grab
samples at intervals of no greater than 20 minutes apart during any 24-hour period.
➢ Permittees with wastewater treatment systems whose detention time exceeds 24 hours shall collect effluent
grab samples at least every six hours; there must be a minimum of four samples during a 24-hour sampling
period.
Continuous flow measurement
Flow monitoring that occurs without interruption throughout the operating hours of the facility. Flow shall be
monitored continually except for the mfrequent 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 Samplmg
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 L_mitations 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
penmt 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 nil, collected over a period of tune not exceeding 15 minutes Grab samples can be
collected manually. Grab samples must be representative of the discharge (or the receiving stream, for instream
samples)
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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 permanent loss of natural resources which can reasonably be expected to occur in the absence of a
bypass Severe property damage excludes econormc loss caused by delays in production
Toxic Pollutant
Any pollutant listed as toxic under Section 307(a)(1) of the CWA
Upset
An incident beyond the reasonable control of the Permittee causing unintentional and temporary noncompliance with
permit effluent limitations and/or monitoring requirements An upset does not include noncompliance caused by
operational error, improperly designed treatment facilities, inadequate treatment facilities, lack of preventive
maintenance, or careless or improper operation.
Weekly Average (concentration limit)
The arithmetic mean of all "daily discharges" of a pollutant measured during the calendar week In the case of fecal
coliform or other bacterial parameters or indicators, the geometric mean of such discharges
Section S. General Conditions
1. Duty to Comply
The Permittee must comply with all conditions of this permit Any permit noncompliance constitutes a violation of
the CWA and is grounds for enforcement action, for permit termination, revocation and reissuance, or
modification, or denial of a permit renewal application [40 CFR 122 41].
a. The Permittee shall comply with effluent standards or prohibitions established under section 307(a) of the
CWA for toxic pollutants and with standards for sewage sludge use or disposal established under section
405(d) of the CWA within the time provided in the regulations that establish these standards or prohibitions or
standards for sewage sludge use or disposal, even if the permit has not yet been modified to incorporate the
requirement
b The CWA provides that any person who violates section[s] 301, 302, 306, 307, 308, 318 or 405 of the Act, or
any permit condition or limitation implementing any such sections in a permit issued under section 402, or any
requirement imposed in a pretreatment program approved under sections 402(a)(3) or 402(b)(8) of the Act, is
subject to a civil penalty not to exceed $37,500 per day for each violation [33 USC 1319(d) and 40 CFR
122 41(a)(2)]
c The CWA provides that any person who negligently violates sections 301, 302, 306, 307, 308, 318, or 405 of
the Act, or any condition or limitation implementing any of such sections in a permit issued under section 402
of the Act, or any requirement imposed in a pretreatment program approved under section 402(a)(3) or
402(b)(8) of the Act, is subject to criminal penalties of $2,500 to $25,000 per day of violation, or
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
imprisonment of not more than 2 years, or both [33 USC 1319(c)(1) and 40 CFR 122 41(a)(2)]
d. Any person who knowingly violates such sections, or such conditions or limitations is subject to criminal
penalties of $5,000 to $50,000 per day of violation, or imprisonment for not more than 3 years, or both In the
case of a second or subsequent conviction for a knowing violation, a person shall be subject to criminal
penalties of not more than $100,000 per day of violation, or imprisonment of not more than 6 years, or both
[33 USC 1319(c)(2) and 40 CFR 122 41(a)(2)]
e. Any person who knowingly violates section 301, 302, 303, 306, 307, 308, 318 or 405 of the Act, or any permit
condition or limitation implementing any of such sections in a permit issued under section 402 of the Act, and
who knows at that tune that he thereby places another person in imminent danger of death or serious bodily
mjury, shall, upon conviction, be subject to a fine of not more than $250,000 or unprisonment 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)(111) of the CWA, shall, upon conviction of violating
the imminent danger provision, be subiect 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, :)r 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 Pernuttee shall take all reasonable steps to minimize or prevent any discharge or sludge use or disposal in
violation of this permit with a reasonable likelihood of adversely affecting human health or the environment [40
CFR 122 41(d)]
3 Civil and Criminal Liability
Except as provided in permit conditions on 'Bypassing" (Part H.0 4), "Upsets" (Part II C 5) and "Power Failures"
(Part ll C 7), nothing in this permit shall be construed to relieve the Permittee from any responsibilities, liabilities,
or penalties for noncompliance pursuant to NCGS 143-215 3, 143-215 6 or Section 309 of the Federal Act, 33 USC
1319 Furthermore, the Permittee is responsible for consequential damages, such as fish kills, even though the
responsibility for effective compliance may be temporarily suspended.
4 Oil and Hazardous Substance Liability
Nothing in this permit shall be construed to preclude the institution of any legal action or relieve the Permittee
from any responsibilities, liabilities, or penalties to which the Permittee is or may be subject to under NCGS 143-
215 75 et seq or Section 311 of the Federal Act, 33 USG 1321. Furthermore, the Permittee is responsible for
consequential damages, such as fish kills, even though the responsibility for effective compliance may be
temporarily suspended.
5 Property Rights
The issuance of this permit does not convey any property rights in either real or personal property, or any exclusive
privileges, nor does it authorize any injury to private property or any invasion of personal rights, nor any
infringement of Federal, State or local laws or regulations [40 CFR 122 41(g)]
6 Onshore or Offshore Construction
This permit does not authorize or approve the construction of any onshore or offshore physical structures or
facilities or the undertaking of any work in any navigable waters
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7 Severability
The provisions of this permit are severable If any provision of this permit, or the application of any provision of
this permit to any circumstances, is held invalid, the application of such provision to other circumstances, and the
remainder of this permit, shall not be affected thereby [NCGS 15013-23]
8 Duty to Provide Information
The Permittee shall furnish to the Permit Issuing Authority, within a reasonable time, any information which the
Permit Issuing Authority may request to determine whether cause exists for modifying, revoking and reissuing, or
terminating this permit or to determine compliance with this permit The Perrmttee shall also furnish to the Permit
Issuing Authority upon request, copies of records required by this permit [40 CFR 122 41(h)]
9. Du to Reapply
If the Pernuttee wishes to continue an activity regulated by this permit after the expiration date of this permit, the
Permittee must apply for and obtain a new permit [40 CFR 122 41(b)]
10. Expiration of Permit
The Permittee is not authorized to discharge after the expiration date In order to receive automatic authorization to
discharge beyond the expiration date, the Permittee shall submit such information, forms, and fees as are required
by the agency authorized to issue permits no later than 180 days prior to the expiration date unless permission for a
later date has been granted by the Director (The Director shall not grant permission for applications to be
submitted later than the expiration date of the existing permit.) [40 CFR 122.21(d)] Any Permittee that has not
requested renewal at least 180 days prior to expiration, or any Permittee that does not have a permit after the
expiration and has not requested renewal at least 180 days prior to expiration, will subject the Permittee to
enforcement procedures as provided in NCGS 143-215 6 and 33 USC 1251 et seq
11 Signatory Requirements
All applications, reports, or information submitted to the Permit Issuing Authority shall be signed and certified [40
CFR 122 41(k)].
a All permit applications shall be signed as follows -
(1) For a corporation by a responsible corporate officer For the purpose of this Section, a responsible
corporate officer means (a) a president, secretary, treasurer or vice president of the corporation in charge
of a principal business function, or any other person who performs similar policy or decision making
functions for the corporation, or (b) the manager of one or more manufacturing, production, or operating
facilities, provided, the manager is authorized to make management decisions which govern the operation
of the regulated facility including having the explicit or implicit duty of making 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 perinit
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 122 221
b All reports required by the permit and other information requested by the Permit Issuing Authority shall be
signed by a person described in paragraph a. above or by a duly authorized representative of that person A
person is a duly authorized representative only if
(1) The authorization is made in writing by a person described above,
(2) The authorization specified either an individual or a position having responsibility for the overall operation
of the regulated facility or activity, such as the position of plant manager, operator of a well or well field,
superintendent, a position of equivalent responsibility, or an individual or position having overall
responsibility for environmental matters for the company (A duly authorized representative may thus be
either a named individual or any individual occupying a named position), and
(3) The written authorization is submitted to the Permit Issuing Authority [40 CFR 122 22]
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c Changes to authorization: If an authorization under paragraph (b) of this section is no longer accurate because
a different individual or position has responsibility for the overall operation of the facility, a new authorization
satisfying the requirements of paragraph (b) of this section must be submitted to the Director prior to or
together with any reports, information, or applications to be signed by an authorized representative [40 CFR
122.22]
d Certification Any person signing a document under paragraphs a. or b. of this section shall make the following
certification [40 CFR 122.22] NO OTHER STATEMENTS OF CERTIFICATION WILL BE ACCEPTED
"I cert, underpenalty of law, that this document and all attachments were prepared under my direction or
supervision in accordance with a systerz designed to assure that qualfedpersonnelproperly 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, aad complete I am aware that there are significant penalties for
submitting false information, including the possibility of fines and imprisonment for knowing violations "
12 Permit Actions
This permit may be modified, revoked and reissued, or termmated for cause The filing of a request by the
Permittee for a permit modification, revocation and reissuance, or termination, or a notification of planned changes
or anticipated noncompliance does not stay any permit condition [40 CFR 122 41(f)]
13 Permit Modification, Revocation and Reissuance, or Termination
The issuance of this permit does not prohibit the permit issuing authority from reopening and modifying the permit,
revoking and reissuing the permit, or terminating the permit as allowed by the laws, rules, and regulations
contained in Title 40, Code of Federal Regulations, Parts 122 and 123, Title 15A of the North Carolina
Administrative Code, Subchapter 02H 0100; and North Carolina General Statute 143 215 1 et. al
14. Annual Administering and Compliance Monitoring Fee Requirements
The Permittee must pay the annual administering and compliance monitoring fee within thirty days after being
billed by the Division Failure to pay the fee in a timely manner in accordance with 15A NCAC 02H 0105(b)(2)
may cause this Division to mitiate action to revoke the permit
Section C. Operation and Maintenance of Pollution Controls
1 Certified Operator
Owners of classified water pollution control systems must designate operators, certified by the Water Pollution
Control System Operators Certification Con mssion (WPCSOCC), of the appropriate type and grade for the
system, and, for each classification must [T15A NCAC 08G .0201]:
a. designate one Operator In Responsible Charge (ORC) who possesses a valid certificate of the type and grade at
least equivalent to the type and grade of the system,
b designate one or more Back-up Operator(s) in Responsible Charge (Back-up ORCs) who possesses a valid
certificate of the type of the system and no more than one grade less than the grade of the system, with the
exception of no backup operator in responsible charge is required for systems whose minimum visitation
requirements are twice per year, and
c submit a signed completed "Water Pollution Control System Operator Designation Form" to the Comrmssion
(or to the local health department for owners of subsurface systems) countersigned by the designated certified
operators, designating the Operator in Responsible Charge (ORC) and the Back-up Operator in Responsible
Charge (Back-up ORC)
(1) 60 calendar days prior to wastewater or residuals being introduced into a new system; or
(2) within 120 calendar days following
➢ receiving notification of a change in the classification of the system requiring the designation of a new
Operator in Responsible Charge (ORC) and Back-up Operator in Responsible Charge (Back-up ORC)
of the proper type and grade, or
➢ a vacancy in the position of Operator in Responsible Charge (ORC) or Back-up Operator in
Responsible Charge (Back-up ORC)
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(3) within seven calendar days of vacancies in both ORC and Back-up ORC positions replacing or designating
at least one of the responsibilities
The ORC of each Class I facility (or the Back-up ORC, when acting as surrogate for the ORC) must:
➢ Visit the facility as often as is necessary to insure proper operation of the treatment system, the treatment
facility must be visited at least weekly
➢ Comply with all other conditions of 15A NCAC 08G 0204.
The ORC of each Class 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 Permittee's staff
3 Need to Halt or Reduce not a Defense
It shall not be a defense for a Permittee in an enforcement action that it would have been necessary to halt or
reduce the permitted activity in order to maintain compliance with the condition of this permit [40 CFR 122 41(c)]
4 Bypassing of Treatment Facilities
a Bypass not exceeding lumtations [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
11 E 6 (24-hour notice)
c Prohibition of Bypass
(1) Bypass from the treatment facility is prohibited and the Permit Issuing Authority may take enforcement
action against a Permittee for bypass, unless
(A) Bypass was unavoidable to prevent loss of life, personal injury or severe property damage;
(B) There were no feasible alternatives to the bypass, such as the use of auxiliary treatment facilities,
retention of untreated wastes or maintenance during normal periods of equipment downtime This
condition is not satisfied if adequate backup equipment should have been installed in the exercise of
reasonable engineering judgment to prevent a bypass which occurred during normal periods of
equipment downtime or preventive maintenance, and
(C) The Permittee submitted notices as required under Paragraph b of this section
(2) Bypass from the collection system is prohibited and the Permit Issuing Authority may take enforcement
action against a Permittee for a bypass as provided in any current or future system -wide collection system
permit associated with the treatment facility
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(3) The Permit Issuing Authority may approve an anticipated bypass, after considering its adverse effects, if
the Penmt Issumg Authority deterxmnes 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 alarms that noncompliance was
caused by upset, and before an action for noncompliance, is final administrative action subject to judicial
review
b Conditions necessary for a demonstration of upset. Any Permittee who wishes to establish the affirmative
defense of upset shall demonstrate, through properly signed, contemporaneous operating logs, or other relevant
evidence that -
(1) An upset occurred and that the Permittee can identify the cause(s) of the upset;
(2) The Permittee facility was at the time being properly operated, and
(3) The Permittee submitted notice of the upset as required in Part II.E.6 (b) of this permit
(4) The Permmttee complied with any remedial measures required under Part ILB 2 of this permit
c. Burden of proof [40 CFR 122.41(n)(4)] The Permittee seeking to establish the occurrence of an upset has
the burden of proof in any enforcement proceeding
6 Removed Substances
Solids, sludges, filter backwash, or other pollutants removed in the course of treatment or control of wastewaters
shall be utilized/disposed of in accordance with NCGS 143-215.1 and in a manner such as to prevent any pollutant
from such materials from entering waters of the State or navigable waters of the United States except as pernutted
by the Commission The Permittee shall comply with all applicable state and Federal regulations governing the
disposal of sewage sludge, including 40 CFR 503, Standards for the Use and Disposal of Sewage Sludge; 40 CFR
Part 258, Criteria For Municipal Solid Waste Landfills, and 15A NCAC Subchapter 2T, Waste Not Discharged To
Surface Waters The Pernnttee shall notify the Permit Issuing Authority of any significant change in its sludge use
or disposal practices.
7 Power Failures
The Permittee is responsible for maintaining adequate safeguards (as required by 15A NCAC 02H 0124) to
prevent the discharge of untreated or inadequately treated wastes during electrical power failures either by means
of alternate power sources, standby generators or retention of inadequately treated effluent
Section D. Monitoring and Records
Representative Sampling
Samples collected and measurements taken, as required herem, 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, be -ore 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 herem, shall be submitted to the following address
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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 analysts 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 analysts 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 to 40 CFR 503, unless other test procedures have been
specified to this permit [40 CFR 122 41]
To meet the intent of the monitoring required by this permit, all test procedures must produce minimum detection
and reporting levels that are below the permit discharge requirements and all data generated must be reported down
to the minimum detection or lower reporting level of the procedure If no approved methods are determined
capable of achieving minimum detection and reporting levels below permit discharge requirements, then the most
sensitive (method with the lowest possible detection and reporting level) approved method must be used
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 Permtttee'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 infonnatton, including
➢ all calibration and maintenance records
➢ all original strip chart recordings for continuous monitoring instrumentation
➢ copies of all reports required by this permit
➢ copies of all data used to complete the application for this permit
These records or copies shall be maintained for a period of at least 3 years from the date of the sample,
measurement, report or application This period may be extended by request of the Director at any time [40 CFR
122 41]
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7 Recording Results
For each measurement or sample taken pursuant to the requirements of this permit, the Permittee shall record the
following information [40 CFR 122 41]:
a The date, exact place, and time of sampling or measurements,
b. The individual(s) who performed the sampling or measurements,
c The date(s) analyses were performed,
d The individual(s) who performed the analyses,
e The analytical techniques or methods used, and
f The results of such analyses.
8. Inspection and Entry
The Perrnrttee shall allow the Director, or an authorized representative (including an authorized contractor acting as
a representative of the Director), upon the presentation of credentials and other documents as may be required by
law, to,
a Enter, at reasonable times, upon the Permittee's premises where a regulated facility or activity is located or
conducted, or where records must be kept under the conditions of this permit;
b Have access to and copy, at reasonable times, any records that must be kept under the conditions of this permit,
c. Inspect at reasonable tunes 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 1s required only when
a The alteration or addition to a permitted facility may meet one of the criteria for new sources at 40 CFR
122 29(b), or
b The alteration or addition could significantly change the nature or increase the quantity of pollutants
discharged. This notification applies to pollutants subject neither to effluent limitations in the permit, nor to
notification requirements under 40 CFR 122.42(a)(1), or
c The alteration or addition results in a significant change in the Perrmttee'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, mcludm� 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 penmtted facility or other
activities that might result in noncompliance with the permit [40 CFR 122 41(1)(2)]
4 Transfers
This permit is not transferable to any person without prior written notice to and approval from the Director in
accordance with 40 CFR 122 61 The Director may condition approval in accordance with NCGS 143-215.1, in
particular NCGS 143-215 1(b)(4)b 2., and may require modification or revocation and relssuance of the permit, or
a minor modification, to identify the new permittee and mcorporate such other requirements as may be necessary
under the CWA [40 CFR 122 41(1)(3), 122 6 1 ] or state statute.
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