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HomeMy WebLinkAboutNC0083712_Final Permit_20170626�r Y �. rl Water Resources Environmental Quality June 26, 2017 Mr. Darhyl Boone, Town Manager Town of Mars Hill P.O. Box 368 Mars Hill, NC 28754 ROY COOPER Governor MICHAEL S. REGAN Secretary S. JAY ZIMMERMAN Director Subject: Issuance of NPDES Permit NCO083712 Mars Hill WTP, PC -1 2085 Water Shed Road, Mars Hill 28754 Madison County Dear Mr. Boone: The Division of Water Resources (the Division) hereby issues the attached NPDES permit for the subject facility. 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 Division understands that you have made no significant changes to your facility since the last permit renewal. We have made the following updates to your previous permit: 1. Turbidity monitoring is twice per month (2/month) with a monthly average limit of 50 NTU and a daily maximum limit of 50 NTU. 2. Total Iron and Total Manganese monitoring has been removed. 3. Total Copper monitoring has been removed because it did not show reasonable potential to exceed applicable water quality standards/criteria and the maximum predicted concentration was <50% of the allowable concentration. 4. Effluent and upstream quarterly monitoring for Total Hardness (see below for information) has been added. 5. Electronic reporting of discharge monitoring reports (eDMR) in Section A. (4.) has been added. The NC 2007-2014 Water Quality Standard (WQS) Triennial Review was approved by the NC Environmental Management Committee (EMC) on November 13, 2014. The US EPA subsequently approved the WQS revisions on April 6, 2016 with some exceptions. The NC Division of Water Resources NPDES Permitting Unit is required to implement the new dissolved metal standards in all permits public noticed after April 6, 2016. The new standards for most metals include acute standards. Furthermore, the freshwater standards for several metals are expressed as the dissolved form of the metals, and seven metals have hardness -dependent equations. As a result, the NPDES Permitting Unit will need site-specific effluent hardness data and instream hardness data, upstream of the discharge, for each facility monitoring these metals in order to calculate permit limitations. Effluent hardness and instream hardness sampling, upstream of the discharge, has been added to this permit at a monitoring frequency of quarterly. See Section A. (1.) Effluent Limitations and Monitoring Requirements. -�—�"Nothing Compares7_-,_ State of North Carolina I Environmental Quality 1617 Mail Service Center I Raleigh, North Carolina 27699-1617 919-707-9000 4y Mr. Boone June 26, 2017 Page 2 of 2 Effective December 21, 2016, federal regulations require electronic submittal of all discharge monitoring reports (DMRs) and specify that, if a state does not establish a system to receive such submittals, then permittees must submit DMRs electronically to the Environmental Protection Agency (EPA). The final NPDES Electronic Reporting Rule was adopted and became effective on December 21, 2015. The requirement to begin reporting discharge monitoring data electronically using the NC DWR's Electronic Discharge Monitoring Report (eDMR) mternet application has been added to your final NPDES permit. [See Special Condition A. (4.)] For information on eDMR, registering for eDMR and obtaining an eDMR user account, please visit the following web page: htti):Hdeg.nc.gov/about/divisions/water-reso-urces/edmr. For more information on EPA's final NPDES Electronic Reporting Rule, please visit the following web site. http://www2.epa. gov/compliance/final-national-pollutant-discharge-elimmation-system-npdes-electronic- re��. If any parts, measurement frequencies, or sampling requirements contained in this permit are unacceptable, you have the right to an adjudicatory hearing, upon written request submitted within thirty (30) days after receiving this letter. Your request must take the form of a written petition conforming to Chapter 150B of North Carolina General Statutes, and you must file it with the Office of Administrative Hearings, 6714 Mail Service Center, Raleigh, North Carolina 27699-6714. Unless such a demand is made, this permit shall remain 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 other permits which may be required by the Division of Water Resources or any other Federal, State, or Local governmental permits that may be required. If you have questions, or if we can be of further service, please contact Derek Denard at [derek.denard@ncdenr.gov] or call (919;1 807-6307 Res ectfully, C ` S. Jay Zimmerman, Di to Division of Water Resources, NCDEQ Enclosure: NPDES Permit NCO083712 (Issuance Final) he. Central Files NPDES Program Files ARO Files/ Attn. Landon Davidson ec WSS/Aquatic Toxicology Branch/ Susan Meadows [susan meadows@ncdenr gov] WSS/Aquatic Toxicology Branch / Cindy Moore [curdy a moore@ncdenr gov] Darhyl Boone, Town Manager [dboone@=ownofinarshill org] V NPDES Permit NCO083712 STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENTAL QUALITY DIVISION OF WATER RESOURCES PERMIT TO DISCHARGE WASTEWATER UNDER THE NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM PDES In compliance with the provisions of North Carolina General Statute 143-215.1, other lawful standards and regulations promulgated and adopted by the North Carolina Environmental Management Commission, and the Federal Water Pollution Control Act, as amended, the Town of Mars Hill is hereby authorized to discharge wastewater from a facility located at the Town of Mars Hill Water Treatment Plant (WTP) 2085 Water Shed Road, Mars Hill, NC 28754 Madison County to receiving waters designated as North Fork Big Laurel Creek in the French Broad 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 AugUSt 1, 2017. This permit and authorization to discharge shall expire at midnight on July 31, 2022. Signed this day June 26, 2017. / /A Z 4, ay Zimmerman, P.G., Dii ision of Water Resources By Authority of the Environmental Management Commission Page 1 of 8 V- NPDES Permit NCO083712 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. Town of Mars Hill is hereby authorized to: 1. continue to operate a wastewater treatment system utilizing conventional water treatment plant technology [coagulation, flocculation, sedimentation, and filtration] with a maximum, monthly average wastewater discharge of 0.026 MGD from media filter backwash and sedimentation basins with a design potable flowrate of 0.80 MGD and with wastewater treatment consisting of; • dechlorination • wastewater treatment settling lagoon located at the Town of Mars Hill WTP, 2085 Water Shed Road, Mars Hill, Madison County, and 2. discharge from said treatment works via Outfall 001, at the location specified on the attached map into North Fork Big Laurel Creek [6-112-1-(2)], a waterbody currently classified C;ORW located within Subbasin 04-03-04 [HUC: 0601010510011 of the French Broad River Basin. Page 2 of 8 NPDES Permit NCO083712 PART I A. (L) 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 filter backwash from outfall 001. Such discharges shall be limited, monitored and reported' by the Permittee as specified below: EFFLUENT CHARACTERISTIC LIMITS MONITORING REQUIREMENTS' [PARAMETER CODES] Monthly Daily Measurement Sample Sample Average Maximum Frequency Type Location 2 Instantaneous 2 Flow (MGD) 50050 2/Month Effluent or Estimate Total Suspended Solids (TSS) (mg/1) C0530 30 mg/1 45 mg/1 2/Month Grab Effluent Turbidity (NTU) 3 00070 50 NTU 50 NTU 2/Month Grab Effluent pH (su) 00400 Not<60or>90 2/Month Grab Effluent standard units Total Residual Chlorine (µg/1) 4 50060 28 µg/1 2/Month Grab Effluent Total Zinc (µg/1) 5 01092 Quarterly Grab Effluent Total Aluminum (µg/1) 01105 Quarterly Grab Effluent Hardness - Total as 5 00900 Quarterly Grab Effluent [CaCO3 or (Ca + Mg)] (mg/L) Hardness - Total as 6 00900 Quarterly Grab Upstream [CaCO3 or (Ca + Mg)] (mg/L) Ammonia Nitrogen (mg/1) C0610 Quarterly Grab Effluent Chronic WET Testing 7 TGP3B Quarterly Grab Effluent Footnotes. 1. Starting December 21, 2016, begin submitting Discharge Monitoring Reports electronically using NC DWR's eDMR application system. See Condition A. (3.). 2. For instantaneous flow monitoring, the duration of the discharge must be reported in addition to the total flow. 3 Turbidity — Effluent turbidity shall not cause receiving -stream turbidity to exceed 50 NTU. If background turbidity naturally exceeds 50 NTU, the effluent shall not cause background turbidity to increase Any discharge exceeding this permit linut will require sufficient mstream sampling (upstream and/or downstream) to verify compliance (effluent vs. background)." [NCAC 02B. 0211(21)] 4. The Division shall consider all effluent TRC values reported below 50 µg/L to be in compliance with the permit. However, the Permittee shall continue to record and submit all values reported by a North Carolina certified laboratory (including field certified), even if these values fall below 50 µg/L. 5 Effluent hardness sampling should be performed in conjunction with sampling for hardness dependent metals (zinc). 6. The Permittee shall sample mstream hardness, upstream of the facility's discharge. The sample shall be representative of the hardness in the receiving stream. If the Permittee is a member of the Monitoring Coalition Program, sampling for instream hardness may be waived as long as the Monitoring Coalition agrees to sample Page 3 of 8 NPDES Permit NC0083712 hardness at the nearest upstream location, at a minimum frequency of quarterly, and the Permittee has obtained approval from DWR -NPDES Permitting Unit that the upstream station being monitored by the Coalition is representative of the receiving stream for this discharge. The Permittee is responsible for submitting instream hardness test results with its permit renewal application package. If Coalition membership is cancelled or the Coalition terminates instream hardness sampling at the approved station, the Permittee will immediately notify the Division and resume sampling for mstream hardness, upstream of its discharge. 7. Chronic WET testing (Ceriodaphnia dubia) 7 -day pass/fail test at 3_3% in January, April, July and October. See Condition A. (2). Conditions: • Samples shall be taken at the outfall but prior to mixing with the receiving waters. • There shall be no discharge of floating solids or visible foam in other than trace amounts. Page 4 of 8 NPDES Permit NCO083712 A. (2.) CHRONIC TOXICITY PASS/FAIL MONITORING ONLY (QUARTERLY) [ 15A NCAC 02B .0500 et seq.] The permittee shall conduct quarterly chronic toxicity tests using test procedures outlined in the "North Carolina Ceriodaphnia Chronic Effluent Bioassay Procedure," Revised December 2010, or subsequent versions. The effluent concentration defined as treatment two in the procedure document is 3_3%. The testing shall be performed as a Ceriodaphnia dubia 7 -day pass/fail test. The tests will be performed during the months of January, April, July and October. These months signify the first month of each three month toxicity testing quarter assigned to the facility. Effluent sampling for this testing must be obtained during representative effluent discharge and shall be performed at the NPDES permitted final effluent discharge below all treatment processes. 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 TGP3B. Additionally, DWR Form AT -1 (original) is to be sent to the following address: Attention: North Carolina Division of Water Resources Water Sciences Section/Aquatic Toxicology Branch 1621 Mail Service Center Raleigh, North Carolina 27699-1621 Completed Aquatic Toxicity Test Forms shall be filed with the Water Sciences Section no later than 30 days after the end of the reporting period for which the 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 Water Sciences Section at the address cited above. Should the permittee fail to monitor during a month in which toxicity monitoring is required, then monthly monitoring will begin immediately. Upon submission of a valid test, this monthly test requirement will revert to quarterly in the months specified above. Should any test data from this monitoring requirement or tests performed by the North Carolina Division of Water Resources indicate potential impacts to the receiving stream, this permit may be re -opened and modified to include alternate monitoring requirements or limits. NOTE: Failure to achieve test conditions as specified in the cited document, such as minimum control organism survival, minimum control organism reproduction, and appropriate environmental controls, shall constitute an invalid test and will require immediate follow-up testing to be completed no later than the last day of the month following the month of the initial monitoring. Page 5 of 8 NPDES Permit NCO083712 A. (3.) ELECTRONIC REPORTING OF DISCHARGE MONITORING REPORTS [G.S. 143-215.1(b)] Federal regulations require electronic submittal of all discharge monitoring reports (DMRs) and program reports. The final NPDES Electronic Reporting Rule was adopted and became effective on December 21, 2015. NOTE: This special condition supplements or supersedes the following sections within Part II of this permit (Standard Conditions for NPDES Permits): • Section B. (11.) Signatory Requirements • Section D. (2.) • Section D. (6.) • Section E. (5.) Reporting Records Retention Monitoring Reports 1. Repot int 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 DEQ / 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 Page 6 of 8 NPDES Permit NCO083712 • 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. Information on eDMR and the application for a temporary electronic reporting waiver are found on the following web page: http://deq.ne.gov/about/divisions/water-resources/edinr Page 7 of 8 NPDES Permit NC0083712 4. Signatory Requirements [Supplements Section B. (11.) (b) and Supersedes Section B. (11.) (d)1 All eDMRs submitted to the permit issuing authority shall be signed by a person described in Part II, Section B. (11.)(a) or by a duly authorized representative of that person as described in Part II, Section B. (I 1.)(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:Hdeq.ne.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 [Supplements Section D. (6.)] The permittee shall retain records of all Discharge Monitoring Reports, including eDMR submissions. These records or copies shall be maintained for a period of at least 3 years from the date of the report This period may be extended by request of the Director at any time [40 CFR 122.41]. Page 8 of 8 -�� Ik �Nanbw Kno North Fork Big Laurel Creek - - A Outfall 001 \ [flows south] _ ► �� --� , .�.9 moi• ,� 1 r— - Approximate` o i'C/ 1 • % A H - Facility Boundary Water Shed Rd r �JHyl ZI 77 i OED BMJ 'I� wind 33 /r 0 i ' Y// \ Gap ......... / _/j I G Laurel Creek, F - -_-- 'c opynght ; 2013 National aeograp •Society, 1- LU Town of Mars Hill - Mar Hill WTP N NPDES Permit NCO083712 2085 Water Shed Road, Mars Hill 28754 Receiving Stream: North Fork Big Laurel Creek Stream Class: C;ORW Stream Segment: 6-112-1-(2) Sub -Basin #: 04-03-04 River Basin: French Broad HUC: 060101051001 County: Madison SCALE I24.000j 35.938964-N, -82.495081-W NC Grid: D9NW I USGS Quad: Bald Creek, NC NPDES Permit Standard Conditions Page 1 of 18 PART II STANDARD CONDITIONS FOR NPDES PERMITS Section A. Definitions 2/Month Samples are collected twice per month with at least ten calendar days between sampling events. These samples shall be representative of the wastewater discharged during the sample period. 3/Week Samples are collected three times per week on three separate calendar days. These samples shall be representative of the wastewater discharged during the sample period. Act or "the Act" The Federal Water Pollution Control Act, also known as the Clean Water Act (CWA), as amended, 33 USC 1251, et. seq. Annual Average The arithmetic mean of all "daily discharges" of a pollutant measured during the calendar year. In the case of fecal coliform, the geometric mean of such discharges. Arithmetic Mean The summation of the individual values divided by the number of individual values. Bypass The known diversion of waste streams from any portion of a treatment facility including the collection system, which is not a designed or established or operating mode for the facility. Calendar Day The period from midnight of one day until midnight of the next day. However, for purposes of this permit, any consecutive 24-hour period that reasonably represents the calendar day may be used for sampling. Calendar Week The period from Sunday through the following Saturday. Calendar Quarter One of the following distinct periods: January through March, April through June, July through September, and October through December. Composite Sample A sample collected over a 24-hour period by continuous sampling or combining grab samples of at least 100 mL in such a manner as to result in a total sample representative of the wastewater discharge during the sample period. The Director may designate the most appropriate method (specific number and size of aliquots necessary, the time interval between grab samples, etc.) on a case-by-case basis. Samples may be collected manually or automatically. Composite samples may be obtained by the following methods: (1) Continuous: a single, continuous sample collected over a 24-hour period proportional to the rate of flow. (2) Constant time/variable volume: a series of grab samples collected at equal time intervals over a 24 hour period of discharge and combined proportional to the rate of flow measured at the time of individual sample collection, or (3) Variable time/constant volume: a series of grab samples of equal volume collected over a 24 hour period with the time intervals between samples determined by a preset number of gallons passing the sampling point. Flow measurement between sample intervals shall be determined by use of a flow recorder and totalizer, and the preset gallon interval between sample collection fixed at no greater than 1/24 of the expected total daily flow at the treatment system, or Version 1110912011.1 NPDES Permit Standard Conditions Page 2 of 18 (4) Constant time/constant volume: a serieof 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 rjates vary less than 15 percent. The following restrictions also apply: ➢ Influent and effluent grab samples ➢ Influent samples shall not be colle ➢ Permittees with wastewater treatm samples at intervals of no greater t ➢ Permittees with wastewater treatm grab samples at least every six hot period. Continuous flow measurement Flow monitoring that occurs without monitored continually except for the activities on the flow device. be of equal size and of no less than 100 milliliters more than once per hour. it systems whose detention time < 24 hours shall collect effluent grab .n 20 minutes apart during any 24-hour period. it systems whose detention time exceeds 24 hours shall collect effluent ; there must be a minimum of four samples during a 24-hour sampling n throughout the operating hours of the facility. Flow shall be times when there may be no flow or for infrequent maintenance Daily Discharge The discharge of a pollutant measured duringcalendar day or any 24-hour period that reasonably represents the calendar day for purposes of sampling. For poi utants 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 calen, ar 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 weekays except where holidays or other disruptions of normal operations prevent weekday sampling. If sampling is req $red 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, Departure Effluent Wastewater discharged following all treatmf whether treated or untreated. EMC The North Carolina Environmental Manager EPA The United States Environmental Protection Facility Closure Cessation of all activities that require covera permit to be rescinded. of Environment and Natural Resources. processes from a water pollution control facility or other point source Commission under this NPDES permit. Completion of facility closure will allow this 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 collect d over a period of time not exceeding 15 minutes. Grab samples can be collected manually. Grab samples must be re resentative of the discharge (or the receiving stream, for instream samples). Version 11/09/2011.1 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 Authority The Director of the Division of Water Resources. Quarterly Average (concentration limit) The arithmetic mean of all samples taken over a calendar quarter. Severe prope damage Substantial physical damage to property, damage to the treatment facilities which causes them to become inoperable, or substantial and permanent loss of natural resources which can reasonably be expected to occur in the absence of a bypass. Severe property damage excludes economic loss caused by delays in production. Toxic Pollutant: Any pollutant listed as toxic under Section 307(a)(1) of the CWA. Upset An incident beyond the reasonable control of the Permittee causing unintentional and temporary noncompliance with permit effluent limitations and/or monitoring requirements. An upset does not include noncompliance caused by operational error, improperly designed treatment facilities, inadequate treatment facilities, lack of preventive maintenance, or careless or improper operation. Weekly Average (concentration limit) The arithmetic mean of all "daily discharges" of a pollutant measured during the calendar week. In the case of fecal coliform or other bacterial parameters or indicators, the geometric mean of such discharges. Section B. General Conditions 1. Duty to Comply The Permittee must comply with all conditions of this permit. Any permit noncompliance constitutes a violation of the CWA and is grounds for enforcement action; for permit termination, revocation and reissuance, or modification; or denial of a permit renewal application [40 CFR 122.41]. a. The Permittee shall comply with effluent standards or prohibitions established under section 307(a) of the CWA for toxic pollutants and with standards for sewage sludge use or disposal established under section 405(d) of the CWA within the time provided in the regulations that establish these standards or prohibitions or standards for sewage sludge use or disposal, even if the permit has not yet been modified to incorporate the requirement. b. The CWA provides that any person who violates section[s] 301, 302, 306, 307, 308, 318 or 405 of the Act, or any permit condition or limitation implementing any such sections in a permit issued under section 402, or any requirement imposed in a pretreatment program approved under sections 402(a)(3) or 402(b)(8) of the Act, is subject to a civil penalty not to exceed $37,500 per day for each violation. [33 USC 1319(d) and 40 CFR 122.41(a)(2)] c. The CWA provides that any person who negligently violates sections 301, 302, 306, 307, 308, 318, or 405 of the Act, or any condition or limitation implementing any of such sections in a permit issued under section 402 of the Act, or any requirement imposed in a pretreatment program approved under section 402(a)(3) or 402(b)(8) of the Act, is subject to criminal penalties of $2,500 to $25,000 per day of violation, or Version 11/09/2011.1 imprisonment of not more than 1 year, violation, a person shall be subject to c imprisonment of not more than 2 years d. Any person who knowingly violates st penalties of $5,000 to $50,000 per day case of a second or subsequent convict penalties of not more than $100,000 pe [33 USC 1319(c)(2) and 40 CFR 122.4 e. Any person who knowingly violates se condition or limitation implementing a who knows at that time that he thereby injury, shall, upon conviction, be subje 15 years, or both. In the case of a secoi person shall be subject to a fine of not both. An organization, as defined in sei the imminent danger provision, be sub' $2,000,000 for second or subsequent c f. Under state law, a civil penalty of not 11 who violates or fails to act in accordan Carolina General Statutes § 143-215.6 g. Any person may be assessed an adm 306, 307, 308, 318 or 405 of this Act, 1i in a permit issued under section 402 of exceed $16,000 per violation, with they $37,500. Penalties for Class II violati violation continues, with the maximu 1319(g)(2) and 40 CFR 122.41(a)(3)]n NPDES Permit Standard Conditions Page 4 of 18 or both. In the case of a second or subsequent conviction for a negligent riminal penalties of not more than $50,000 per day of violation, or by , or both. [33 USC 1319(c)(1) and 40 CFR 122.41(a)(2)] ch sections, or such conditions or limitations is subject to criminal of violation, or imprisonment for not more than 3 years, or both. In the .on for a knowing violation, a person shall be subject to criminal r day of violation, or imprisonment of not more than 6 years, or both. I(a)(2)] :tion 301, 302, 303, 306, 307, 308, 318 or 405 of the Act, or any permit iy of such sections in a permit issued under section 402 of the Act, and places another person in imminent danger of death or serious bodily A to a fine of not more than $250,000 or imprisonment of not more than .d or subsequent conviction for a knowing endangerment violation, a nore than $500,000 or by imprisonment of not more than 30 years, or ;tion 309(c)(3)(B)(iii) of the CWA, shall, upon conviction of violating ect to a fine of not more than $1,000,000 and can be fined up to )nvictions. [40 CFR 122.41(a)(2)] core than $25,000 per violation may be assessed against any person ;e with the terms, conditions, or requirements of a permit. [North &native penalty by the Administrator for violating section 301, 302, )r any permit condition or limitation implementing any of such sections 'this Act. Administrative penalties for Class I violations are not to maximum amount of any Class I penalty assessed not to exceed .is are not to exceed $16,000 per day for each day during which the L amount of any Class 11 penalty not to exceed $177,500. [33 USC 2. Dgty 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 1}kelihood of adversely affecting human health or the environment [40 CFR 122.41(d)]. Civil and Criminal Liability Except as provided in permit conditions o "Bypassing" (Part ILCA), "Upsets" (Part II.C.5) and "Power Failures" (Part II.C.7), nothing in this permit shall be construed to relieve the Permittee from any responsibilities, liabilities, or penalties for noncompliance pursuant t InNCGS 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 Liabilitv 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 Feder 1 Act, 33 USG 1321. Furthermore, the Permittee is responsible for consequential damages, such as fish kills, ven though the responsibility for effective compliance may be temporarily suspended. 5. Property Rights The issuance of this permit does not convc y any property rights in either real or personal property, or any exclusive privileges, nor does it authorize any injuryto private property or any invasion of personal rights, nor any infringement of Federal, State or local law 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 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 15013-231. 8. Duty to Provide Information The Permittee shall furnish to the Permit Issuing Authority, within a reasonable time, any information which the Permit Issuing Authority may request to determine whether cause exists for modifying, revoking and reissuing, or terminating this permit or to determine compliance with this permit. The Permittee shall also furnish to the Permit Issuing Authority upon request, copies of records required by this permit [40 CFR 122.41(h)]. 9. Duty to Reapply If the Permittee wishes to continue an activity regulated by this pen -nit 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 ory Requirements All applications, reports, or information submitted to the Permit Issuing Authority shall be signed and certified [40 CFR 122.41(k)]. a. All permit applications shall be signed as follows: (1) For a corporation: by a responsible corporate officer. For the purpose of this Section, a responsible corporate officer means: (a) a president, secretary, treasurer or vice president of the corporation in charge of a principal business function, or any other person who performs similar policy or decision making functions for the corporation, or (b) the manager of one or more manufacturing, production, or operating facilities, provided, the manager is authorized to make management decisions which govern the operation of the regulated facility including having the explicit or implicit duty of making major capital investment recommendations, and initiating and directing other comprehensive measures to assure long term environmental compliance with environmental laws and regulations; the manager can ensure that the necessary systems are established or actions taken to gather complete and accurate information for permit application requirements; and where authority to sign documents has been assigned or delegated to the manager in accordance with corporate procedures . (2) For a partnership or sole proprietorship: by a general partner or the proprietor, respectively; or (3) For a municipality, State, Federal, or other public agency: by either a principal executive officer or ranking elected official [40 CFR 122.221. 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) £ (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] Version 11/09/2011.1 NPDES Permit Standard Conditions Page 6 of 18 c. Changes to authorization: If an authorisation 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: 7 cert, under penalty of law, that this document and all attachments were prepared under my direction or supervision in accordance with a syste� 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 �athering the information, the information submitted is, to the best of my knowledge and belief, true, accurate, nd complete. I am aware that there are significant penalties for submitting false information, includin the possibility of fines and imprisonment for knowing violations." 12. Permit Actions This permit may be modified, revoked an reissued, or terminated for cause. The filing of a request by the Permittee for a permit modification, revocation and reissuance, or termination, or a notification of planned changes or anticipated noncompliance does not stay )I any permit condition [40 CFR 122.41(f)]. 13. Permit Modification. Revocation and Reis$uance, 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 Re4lulations, Parts 122 and 123; Title 15A of the North Carolina Administrative Code, Subchapter 02H .0190; and North Carolina General Statute 143.215.1 et. al. 14. Annual Administering and Compliance Monitoring Fee Requirements The Permittee must pay the annual administering and compliance monitoring fee within thirty days after being billed by the Division. Failure to pay the fee in a timely manner in accordance with 15A NCAC 02H .0105(b)(2) may cause this Division to initiate action tb revoke the permit. N 1. Certified Operator Owners of classified water pollution contrP1 systems must designate operators, certified by the Water Pollution Control System Operators Certification Commission (WPCSOCC), of the appropriate type and grade for the system, and, for each classification must[ 15A NCAC 08G .0201]: a. designate one Operator In Responsibl Charge (ORC) who possesses a valid certificate of the type and grade at least equivalent to the type and grade IIof the system; b. designate one or more Back-up Operior(s) in Responsible Charge (Back-up ORCs) who possesses a valid certificate of the type of the system a d no more than one grade less than the grade of the system, with the exception of no backup operator in re ponsible charge is required for systems whose minimum visitation requirements are twice per year; and c. submit a signed completed "Water Polution Control System Operator Designation Form" to the Commission (or to the local health department for wners of subsurface systems) countersigned by the designated certified operators, designating the Operator ' Responsible Charge (ORC) and the Back-up Operator in Responsible Charge (Back-up ORC): (1) 60 calendar days prior to wastew (2) within 120 calendar days followi ➢ receiving notification of a ch I Operator in Responsible Chargc of the proper type and grade; or or residuals being introduced into a new system; or in the classification of the system requiring the designation of a new (ORC) and Back-up Operator in Responsible Charge (Back-up ORC) ➢ a vacancy in the position of 'Operator Responsible Charge (Back-up ORC). in Responsible Charge (ORC) or Back-up Operator in 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 II, III and IV facility (or the Back-up ORC, when acting as surrogate for the ORC) must: ➢ Visit the facility as often as is necessary to insure proper operation of the treatment system; the treatment facility must be visited at least five days per week, excluding holidays ➢ Properly manage and document daily operation and maintenance of the facility ➢ Comply with all other conditions of 15A NCAC 08G.0204. 2. Proper Operation and Maintenance The Permittee shall at all times property operate and maintain all facilities and systems of treatment and control (and related appurtenances) which are installed or used by the Permittee to achieve compliance with the conditions of this permit. Proper operation and maintenance also includes adequate laboratory controls and appropriate quality assurance procedures. This provision requires the Permittee to install and operate backup or auxiliary facilities only when necessary to achieve compliance with the conditions of the permit [40 CFR 122.41(e)]. NOTE: Properly and officially designated operators are fully responsible for all proper operation and maintenance of the facility, and all documentation required thereof, whether acting as a contract operator [subcontractor] or a member of the Permittee's staff. 3. Need to Halt or Reduce not a Defense It shall not be a defense for a Permittee in an enforcement action that it would have been necessary to halt or reduce the permitted activity in order to maintain compliance with the condition of this permit [40 CFR 122.41(c)]. 4. Bypassing of Treatment Facilities a. Bypass not exceeding limitations [40 CFR 122.41(m)(2)] The Permittee may allow any bypass to occur which does not cause effluent limitations to be exceeded, but only if it also is for essential maintenance to assure efficient operation. These bypasses are not subject to the provisions of Paragraphs b. and c. of this section. b. Notice [40 CFR 122.41(m)(3)] (1) Anticipated bypass. If the Permittee knows in advance of the need for a bypass, it shall submit prior notice, if possible at least ten days before the date of the bypass; including an evaluation of the anticipated quality and effect of the bypass. (2) Unanticipated bypass. The Permittee shall submit notice of an unanticipated bypass as required in Part II.E.6. (24-hour notice). c. Prohibition of Bypass (1) Bypass from the treatment facility is prohibited and the Permit Issuing Authority may take enforcement action against a Permittee for bypass, unless: (A) Bypass was unavoidable to prevent loss of life, personal injury or severe property damage; (B) There were no feasible alternatives to the bypass, such as the use of auxiliary treatment facilities, retention of untreated wastes or maintenance during normal periods of equipment downtime. This condition is not satisfied if adequate backup equipment should have been installed in the exercise of reasonable engineering judgment to prevent a bypass which occurred during normal periods of equipment downtime or preventive maintenance; and (C) The Permittee submitted notices as required under Paragraph b. of this section. (2) Bypass from the collection system is prohibited and the Permit Issuing Authority may take enforcement action against a Permittee for a bypass as provided in any current or future system -wide collection system permit associated with the treatment facility. Version 11/09/2011.1 NPDES Permit Standard Conditions Page 8 of 18 (3) The Permit Issuing Authority may approve an anticipated bypass, after considering its adverse effects, if the Permit Issuing Authority determines that it will meet the three conditions listed above in Paragraph c. (1) of this section. 5. Upsets a. Effect of an upset [40 CFR 122.41(n)(2)]: An upset constitutes an affirmative defense to an action brought for noncompliance with such technology based permit effluent limitations if the requirements of paragraph b. of this condition are met. No determinati n made during administrative review of claims that noncompliance was caused by upset, and before an action or 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 tie being properly operated; and (3) The Permittee submitted notice of he upset as required in Part II.E.6.(b) of this permit. (4) The Permittee complied with any remedial measures required under Part II.B.2. of this permit. c. Burden of proof [40 CFR 122.41(n)(41]: 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 shall be utilized/disposed of in accordant from such materials from entering waters by the Commission. The Permittee shall c disposal of sewage sludge, including 40 Part 258, Criteria For Municipal Solid W Surface Waters. The Permittee shall notif or disposal practices. )Mutants removed in the course of treatment or control of wastewaters with NCGS 143-215.1 and in a manner such as to prevent any pollutant f the State or navigable waters of the United States except as permitted mply with all applicable state and Federal regulations governing the 'R 503, Standards for the Use and Disposal of Sewage Sludge; 40 CFR to Landfills; and 15A NCAC Subchapter 2T, Waste Not Discharged To the Permit Issuing Authority of any significant change in its sludge use 7. Power Failures The Permittee is responsible for maintain' g 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 t Samples collected at a frequency less t discharge for the period the sample rep permit and, unless otherwise specified, water, or substance. Monitoring points Issuing Authority [40 CFR 122.410)]. i, as required herein, shall be representative of the permitted discharge. daily shall be taken on a day and time that is representative of the :nts. All samples shall be taken at the monitoring points specified in this ore the effluent joins or is diluted by any other wastestream, body of ll not be changed without notification to and the approval of the Permit 2. Reporting Monitoring results obtained during the prc vious month(s) shall be summarized for each month and reported on a monthly Discharge Monitoring Report (D ) 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 facility, on the last day of the month fol and all other reports required herein, sh month following the issuance of the permit or in the case of a new ing the commencement of discharge. Duplicate signed copies of these, be submitted to the following address: Version 11/09/2011.1 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 minimum detection and reporting levels that are below the permit discharge requirements and all data generated must be reported down to the minimum detection or lower reporting level of the procedure. If no approved methods are determined capable of achieving minimum detection and reporting levels below permit discharge requirements, then the most sensitive (method with the lowest possible detection and reporting level) approved method must be used. 5. Penalties for Tampering The CWA provides that any person who falsifies, tampers with, or knowingly renders inaccurate, any monitoring device or method required to be maintained under this permit shall, upon conviction, be punished by a fine of not more than $10,000 per violation, or by imprisonment for not more than two years per violation, or by both. If a conviction of a person is for a violation committed after a first conviction of such person under this paragraph, punishment is a fine of not more than $20,000 per day of violation, or by imprisonment of not more than 4 years, or both [40 CFR 122.41]. 6. Records Retention Except for records of monitoring information required by this permit related to the Permittee's sewage sludge use and disposal activities, which shall be retained for a period of at least five years (or longer as required by 40 CFR 503), the Permittee shall retain records of all monitoring information, including: ➢ all calibration and maintenance records ➢ all original strip chart recordings for continuous monitoring instrumentation ➢ copies of all reports required by this permit ➢ copies of all data used to complete the application for this permit 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]. Version 1110912011.1 7. Recording Results For each measurement or sample taken 1 following information [40 CFR 122.41]: a. The date, exact place, and time of san b. The individual(s) who performed the c. The date(s) analyses were performed; d. The individual(s) who performed the e. The analytical techniques or methods f. The results of such analyses. NPDES Permit Standard Conditions Page 10 of 18 to the requirements of this permit, the Permittee shall record the or measurements; ng or measurements; and 8. Inspection and Entry The Permittee shall allow the Director, or an authorized representative (including an authorized contractor acting as a representative of the Director), upon the presentation of credentials and other documents as may be required by law, to; a. Enter, at reasonable times, upon the Pehnittee's premises where a regulated facility or activity is located or conducted, or where records must be k pt 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 und or this permit; and d. Sample or monitor at reasonable times, for the purposes of assuring permit compliance or as otherwise authorized by the CWA, any substances or parameters at any location [40 CFR 122.41(i)]. Section E Reporting Requirements 1. Change in Discharge All discharges authorized herein shall be consistent with the terms and conditions of this permit. The discharge of any pollutant identified in this permit more frequently than or at a level in excess of that authorized shall constitute a violation of the permit. 2. Planned Changes The Permittee shall give notice to the Director as soon as possible of any planned physical alterations or additions to the permitted facility [40 CFR 122.41(1)]. Notice is required only when: a. The alteration or addition to a permittei I 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 si such alteration, addition or change ma} absent in the existing permit, including permit application process or not repor Anticipated Noncompliance The Permittee shall give advance notice to activities that might result in noncomplianc 4. Transfers This permit is not transferable to any perso accordance with 40 CFR 122.61. The Direr particular NCGS 143-215. 1 (b)(4)b.2., and a minor modification, to identify the new p under the CWA [40 CFR 122.41(1)(3), 122 mificant change in the Permittee's sludge use or disposal practices, and justify the application of permit conditions that are different from or notification of additional use or disposal sites not reported during the -d pursuant to an approved land application plan. e Director of any planned changes to the pennitted facility or other with the permit [40 CFR 122.41(1)(2)]. without prior written notice to and approval from the Director in )r may condition approval in accordance with NCGS 143-215.1, in ay require modification or revocation and reissuance of the permit, or mittee and incorporate such other requirements as may be necessary 1] or state -statute. Version 1110912011.1 NPDES Permit Standard Conditions Page 11 of 18 5. Monitoring Reports Monitoring results shall be reported at the intervals specified elsewhere in this permit [40 CFR 122.41(1)(4)]. a. Monitoring results must be reported on a Discharge Monitoring Report (DMR) (See Part ILD.2) or forms provided by the Director for reporting results of monitoring of sludge use or disposal practices. b. If the Permittee monitors any pollutant more frequently than required by this permit using test procedures approved under 40 CFR Part 136 and at a sampling location specified in this permit or other appropriate instrument governing the discharge, the results of such monitoring shall be included in the calculation and reporting of the data submitted on the DMR. 6. Twenty-four Hour Reporting a. • The Permittee shall report to the Director or the appropriate Regional Office any noncompliance that potentially threatens public health or the environment. Any information shall be provided orally within 24 hours from the time the Permittee became aware of the circumstances. A written submission shall also be provided within 5 days of the time the Permittee becomes aware of the circumstances. The written submission shall contain a description of the noncompliance, and its cause; the period of noncompliance, including exact dates and times, and if the noncompliance has not been corrected, the anticipated time it is expected to continue; and steps taken or planned to reduce, eliminate, and prevent reoccurrence of the noncompliance [40 CFR 122.41(1)(6)]. b. The Director may waive the written report on a case-by-case basis for reports under this section if the oral report has been received within 24 hours. c. Occurrences outside normal business hours may also be reported to the Division's Emergency Response personnel at (800) 662-7956, (800) 858-0368 or (919) 733-3300. 7. Other Noncompliance The Permittee shall report all instances of noncompliance not reported under Part II.E.5 and 6. of this permit at the time monitoring reports are submitted. The reports shall contain the information listed in Part II.E.6. of this permit [40 CFR 122.41(1)(7)]. 8. Other Information Where the Permittee becomes aware that it failed to submit any relevant facts in a permit application, or submitted incorrect information in a permit application or in any report to the Director, it shall promptly submit such facts or information [40 CFR 122.41(1)(8)]. 9. Noncompliance Notification The Permittee shall report by telephone to either the central office or the appropriate regional office of the Division as soon as possible, but in no case more than 24 hours or on the next working day following the occurrence or first knowledge of the occurrence of any of the following: a. Any occurrence at the water pollution control facility which results in the discharge of significant amounts of wastes which are abnormal in quantity or characteristic, such as the dumping of the contents of a sludge digester; the known passage of a slug of hazardous substance through the facility; or any other unusual circumstances. b. Any process unit failure, due to known or unknown reasons, that render the facility incapable of adequate wastewater treatment such as mechanical or electrical failures of pumps, aerators, compressors, etc. c. Any failure of a pumping station, sewer line, or treatment facility resulting in a by-pass without treatment of all or any portion of the influent to such station or facility. Persons reporting such occurrences by telephone shall also file a written report within 5 days following first knowledge of the occurrence. Also see reporting requirements for municipalities in Part IV.C.2.c. of this permit. 10. Availability of Reports Except for data determined to be confidential under NCGS 143-215.3 (a)(2) or Section 308 of the Federal Act, 33 USC 1318, all reports prepared in accordance with the terms shall be available for public inspection at the offices of the Division. As required by the Act, effluent data shall not be considered confidential. Knowingly making any false statement on any such report may result in the imposition of criminal penalties as provided for in NCGS 143- 215.1(b)(2) or in Section 309 of the Federal Act. Version 11/09/2011.1 11. Penalties for Falsification of Reports The CWA provides that any person who knc any record or other document submitted or i reports or reports of compliance or noncoml $25,000 per violation, or by imprisonment f 12. Annual Performance Reports Permittees who own or operate facilities tha an average annual flow greater than 200,00( Authority and to the users/customers served performance of the collection or treatment s, applicable Federal or State laws, regulations later than sixty days after the end of the cale evaluation. The report shall be sent to: NC DENR / Division of Water ATTENTION: Central Files 1617 Mail Service Center Raleigh, North Carolina 271 NPDES Permit Standard Conditions Page 12 of 18 ingly makes any false statement, representation, or certification in uired to be maintained under this permit, including monitoring ince shall, upon conviction, be punished by a fine of not more than not more than two years per violation, or by both [40 CFR 122.411. primarily collect or treat municipal or domestic wastewater and have gallons per day shall provide an annual report to the Permit Issuing :)y the Permittee (NCGS 143-215.1C). The report shall summarize the stem, as well as the extent to which the facility was compliant with and rules pertaining to water quality. The report shall be provided no idar or fiscal year, depending upon which annual period is used for / Water Quality Permitting Section 1617 Version 11/09/2011.1