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Home My WebLink AboutNC0065889_Final Permit_201709187mm'" I 1 �`� Water Resources ENVIRONMENTAL QUALITY September 18, 2017 Mr Harris Merrill, Jr. Indian Creek Resort, LLC 8000 Capps Ferry Road Douglasville, GA 30132 ROY COOPER Governor MICHAEL S REGAN Secretary S JAY ZIMMERMAN Du ectot Subject: Issuance of NPDES Permit NCO065889 Catatoga at Lake Toxaway WWTP Class II Transylvania County Dear Mr. Merrill, Jr.: Division personnel have reviewed and approved your application for renewal of the subject permit. Accordingly, we are forwarding the attached NPDES discharge permit. This permit is issued pursuant to the requirements of North Carolina General Statute 143-215.1 and the Memorandum of Agreement between North Carolina and the U.S Environmental Protection Agency dated October 15, 2007 (or as subsequently amended). The final permit includes the following significant changes from the existing permit: ➢ Section A. (5.) has been updated to reflect current language regarding electronic submission of effluent data Federal regulations require electronic submittal of all discharge monitoring reports (DMRs). ➢ Regulatory citations have been added. 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. If you have any questions concerning this permit, please contact Anjah Orlando at telephone number (919) 807-6388 or anlali orlando@ncdenr.gov. inc rely, S. Jay Zimmerman, Director, Division of Water Resources cc* Central Files Asheville Regional Office NPDES Unit 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 NPDES Permit NCO065889 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, Indian Creek Resort, LLC is hereby authorized to discharge wastewater from a facility located at the Catatoga at Lake Toxaway WWTP U.S. Highway 64 west of Rosman Transylvania County to receiving waters designated as Indian Creek in the Savannah River Basin in accordance with effluent limitations, monitoring requirements, and other conditions set forth in Parts I, II, III and IV hereof. This permit shall become effective November 1, 2017. This permit and authorization to discharge shall expire at midnight on August 31, 2022. Signed this day September 18, 2017. S.Zimmerman, P.G.Zo Director, Division of Water Resources By Authority of the Environmental Management Commission Page 1 of 10 NPDES Permit NC0065889 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. Indian Creek Resort, LLC is hereby authorized to: 1. Continue to operate an existing 0.025 MGD extended aeration wastewater treatment system with the following components: ♦ Manual bar screen ♦ One Aeration Basin w/ Blowers ♦ One Secondary Clarifier ♦ One Aerobic digester ♦ UV Disinfections System ♦ V -Notch Weir The facility is located west of Rosman at Catatoga at Lake Toxaway off U.S. Highway 64 in Transylvania County. 2. After receiving an Authorization to Construct from the Division of Water Quality, construct the necessary facilities to increase plant capacity to 0.07 MGD, and 3. After receiving an Authorization to Construct from the Division of Water Quality, construct the necessary facilities to expand the plant to its ultimate capacity of 0.14 MGD. 4. Discharge from said treatment works at the location specified on the attached map into Indian Creek (Stream Index 4-5-(3)), a waterbody currently classified C -Trout waters in sub -basin 03-13-02 [HUC: 030601010101] of the Savannah River Basin. Page 2 of 10 NPDES Permit NCO065889 Part I. A. (1.) EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS (0.025 MGD) [ 15 NCAC 02B .0400 et seq., 02B .0500 et seq.] During the period beginning on the effective date of this permit and lasting until expansion above 0.025 MGD or expiration, the Permittee is authorized to discharge from outfall 001. Such discharges shall be limited, monitored, and reported' by the Permittee as specified below: EFFLUENT CHARACTERISTICS LIMITS MONITORING REQUIREMENTS' Monthly Daily Measurement Sample Sample Parameter Code Avera a Maximum Frequency TVnP Location Flow 0.025 MGD Weekly Instantaneou Influent or Effluent 50050 s BOD, 5 -day (20°C) 30.0 mg/L 45.0 mg/L Weekly Grab Effluent C0310 Total Suspended Solids 30.0 mg/L 45.0 mg/L Weekly Grab Effluent C0530 NH3 as N Weekly Grab Effluent C0610 Fecal Coliform (geometric mean) 200/100 mL 400/100 mL Weekly Grab Effluent 31616 Temperature (°C) Weekly Grab Effluent 00010 Total Nitrogen (NO2+NO3+TKN) Semi -Annually Composite Effluent C0600 Total Phosphorus Semi -Annually Composite Effluent C0665 pH Not < 6.0 nor > 9.0 Weekly Grab Effluent 00400 Standard Units Footnotes: 1. The permittee shall submit discharge monitoring reports electronically using the Division's eDMR system [see A. (5.)]. Conditions: 1. All samples much be collected from a typical discharge event. 2. There shall be no discharge of floating solids or visible foam in other than trace amounts. 3. See Condition A. (4.) for instructions should the facility's permitted UV system fail and an alternate means of disinfection is required. Total Residual Chlorine monitoring requirements and limits are applicable if chlorine compounds are used for disinfection. Page 3 of 10 NPDES Permit NC0065889 A. (2.) EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS (0.07 MGD) [ 15 NCAC 02B .0400 et seq., 02B .0500 et seq.] During the period beginning upon expansion above 0.025 MGD and lasting until expansion above 0.07 MGD or until expiration, the Permittee is authorized to discharge from outfall 001. Such discharges shall be limited, monitored, and reported' by the Permittee as specified below: EFFLUENT CHARACTERISTICS LIMITS MONITORING REQUIREMENTS1 Monthly Daily Measurement Sample Sample Parameter Code Average MaximumFre uenc Type Location Flow 0.07 MGD Weekly Instantaneous Influent or Effluent 50050 BOD, 5 -day (20°C) 30.0 mg/L 45.0 mg/L Weekly Composite Effluent C0310 Total Suspended Solids 30.0 mg/L 45.0 mg/L Weekly Composite Effluent C0530 NH3 as N - Summer* 6.0 mg/L 30.0 mg/L Weekly Composite Effluent C0610 NH3 as N - Winter* 23.5 mg/L 35.0 mg/L Weekly Composite Effluent C0610 Fecal Coliform (geometric mean) 200/100 mL 400/100 mL Weekly Grab Effluent 31616 Temperature (°C) Weekly Grab Effluent 00010 Total Nitrogen (NO2+NO3+TKN) Semi -Annually Composite Effluent C0600 Total Phosphorus Semi -Annually Composite Effluent C0665 pH Not < 6.0 nor > 9.0 Weekly Grab Effluent 00400 Standard Units *Summer.- April 1 — October 31 *Winter. November 1— March 31 Footnotes: 1. The permittee shall submit discharge monitoring reports electronically using the Division's eDMR system [see A. (5.)]. Conditions: 2. All samples much be collected from a typical discharge event. 3. There shall be no discharge of floating solids or visible foam in other than trace amounts. Page 4 of 10 NPDES Permit NCO065889 4. See Condition A. (4.) for instructions should the facility's permitted UV system fail and an alternate means of disinfection is required. Total Residual Chlorine monitoring requirements and limits are applicable if chlorine compounds are used for disinfection. U A. (3.) EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS (0.14 MGD) [15 NCAC 02B .0400 et seq., 02B .0500 et seq.] During the period beginning upon expansion above 0.07 MGD and lasting until expiration, the Permittee is authorized to discharge from outfall 001. Such discharges shall be limited, monitored, and reported' by the Permittee as specified below: EFFLUENT CHARACTERISTICS LIMITS MONITORING REQUIREMENTS1 Monthly Daily Measurement Sample Sample Parameter Code Average Maximum Frequency Type Location Flow Fl ow 0.14 MGD Weekly Instantaneous Influent or Effluent BOD, 5 -day (20°C) 30.0 mg/L 45.0 mg/L Weekly Composite Effluent C0310 Total Suspended Solids 30.0 mg/L 45 0 mg/L Weekly Composite Effluent C0530 NH3 as N - Summer* 6.0 mg/L 30.0 mg/L Weekly Composite Effluent C0610 NH3 as N - Winter* 23.5 mg/L 35.0 mg/L Weekly Composite Effluent C0610 Fecal Coliform (geometric mean) 200/100 mL 400/100 mL Weekly Grab Effluent 31616 Temperature (°C) Weekly Grab Effluent 00010 Total Nitrogen (NO2+NO3+TKN) Semi -Annually Composite Effluent C0600 Total Phosphorus Semi -Annually Composite Effluent C0665 pH Not < 6.0 nor > 9.0 Weekly Grab Effluent 00400 Standard Units *Summer. April 1— October 31 *Winter.- November 1— March 31 Footnotes: 1. The permittee shall submit discharge monitoring reports electronically using the Division's eDMR system [see A. (5.)]. Conditions: 2. All samples much be collected from a typical discharge event. 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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. 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(l)(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)]. Page 7 of 10 NPDES Permit NC0065889 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://deg.nc.gov/about/divisions/water-resources/edmr 4. Signatory Requirements [Supplements Section B. (11.) (b) and Supersedes Section B. (11.1 (d)1 All eDMRs submitted to the permit issuing authority shall be signed by a person described in Part II, Section B. (11.) (a) or by a duly authorized representative of that person as described in Part II, Section B. (11.)(b). A person, and not a position, must be delegated signatory authority for eDMR reporting purposes. For eDMR submissions, the person signing and submitting the DMR must obtain an eDMR user account and login credentials to access the eDMR system. For more information on North Carolina's eDMR system, registering for eDMR and obtaining an eDMR user account, please visit the following web page: http://deg.nc.gov/about/divisions/water-resources/edmr Certification. Any person submitting an electronic DMR using the state's eDMR system shall make the following certification [40 CFR 122.221. NO OTHER STATEMENTS OF CERTIFICATION WILL BE ACCEPTED: Page 8 of 10 NPDES Permit NCO065889 "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 off nes and imprisonment for knowing violations. " 5. Records Retention [Supplements Section D. (6.11 The permittee shall retain records of all Discharge Monitoring Reports, including eDMR submissions. These records or copies shall be maintained for a period of at least 3 years from the date of the report. This period may be extended by request of the Director at any time [40 CFR 122.41]. Page 9 of 10 :�Ql f n C / •i J CCC�� '�• � DISCHARGE POINT ( o Lo Facility Location x (not to scale) RTH NPDES Permit: NC0065889 Indian Creek Resort, LLC Catatoga at Lake Toxaway County: Transylvania Stream Class: C -Trout Receiving Stream: Indian Creek Sub -Basin: 03-13-02 Latitude: 35' 06'45" Grid/Quad: G7SW / Reid Longitude: 82' 55' 10" HUC #: 03060101 Page 10 of 10 Facility Location x (not to scale) RTH NPDES Permit: NC0065889 NPDES Permit Standard Conditions Page 1 of 18 PART II STANDARD CONDITIONS FOR NPDES PERMITS Section A. Definitions 2/Month Samples aie 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 ate 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 Fedeial Water Pollution Control Act, also known as the Clean Water Act (CWA), as amended, 33 USC 1251, et. seq Annual Average The at tthmetrc mean of all "daily discharges" of a pollutant measured during the calendar year In the case of fecal coliform, the geometric mean of such drschat ges Arithmetic Mean The summation of the individual values divided by the number of individual values Bypass The known divetsion 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 Quartet 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 ul such a manner as to result to 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 tune 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 ploportional 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 Version 11/09/2011 NPDES Permit Standaid 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 time interval Use of this method t equii es pi for 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 ➢ Pennittees with wastewater treatment systems whose detention time exceeds 24 hours shall collect effluent grab samples at least every six hours, thete must be a minimum of foul samples duiing a 24-hour sampling pet rod Continuous flow measurement Flow monitormg that occurs without interruption throughout the operating houts of the facility Flow shall be monitored continually except for the infiequent tinges when there may be no flow or for infrequent maintenance activities on the flow device. Daily Discharge The discharge of a pollutant measur ed during a calendar day or any 24-hour period that reasonably represents the calendar day for purposes of sampling Foi pollutams measured in units of mass, the "daily discharge" is calculated as the total mass of the pollutant discharged over the day For pollutants expressed in other units of measurement, the "daily discharge" is calculated as the average measurement of the pollutant over the day (40 CFR 122 2, see also "Composite Sample," above) Daily Maximum The highest "daily discharge" during the calendar month Daily Sampling Parameters requuing daily samplmg shall be sampled 5 out of every 7 days pet week unless otherwise specified in the permit. Samplmg shall be conducted on weekdays except where holidays or other disruptions of normal operations prevent weekday sampling. If sampling is required for all seven days of the week for any permit parameter(s), that requirement will be so noted on the Effluent Limitations and Momtot mg Page(s) DWQ of "the Division" The Division of Water Quality, 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 permit to be rescinded Geometric Mean The Nth root of the product of the individual values where N = the number of individual values. For purposes of calculating the geometric mean, values of "0" (or "< [detection level]") shall be considered = 1 Grab Sample Individual samples of at least 100 mL collected over a period of time not exceeding 15 minutes. Grab samples can be collected manually Grab samples must be iepresentative of the discharge (or the receiving stream, for mstream samples). Version 11/09/2011 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 dui ing the minimum time required for the flow measm mg 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 Perinit Issuing Authority The Director of the Division of Water Quality 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 per manent loss of natural resources which can reasonably be expected to occur m 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 momtoimg 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 AvelaVe (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 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 of piohibitions or standards for sewage sludge use or disposal, even if the permit has not yet been modified to mcorporate the requirement. b The CWA provides that any person who violates section[s] 301, 302, 306, 307, 308, 318 of 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) of 402(b)(8) of the Act, is subject to a civil penalty not to exceed $37,500 per day for each violation [33 USC 1319(d) and 40 CFR 122.41(a)(2)] c. The CWA provides that any person who negligently violates sections 301, 302, 306, 307, 308, 318, or 405 of the Act, or any condition or limitation implementing any of such sections in a permit issued under section 402 of the Act, or any requirement unposed in a pretreatment program approved under section 402(a)(3) or 402(b)(8) of the Act, is subject to criminal penalties of $2,500 to $25,000 per day of violation, or Version 11/09/2011 NPDES Permit Standard Conditions Page 4 of 18 imprisonment of not more than 1 year, or both In the case of a second of 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 crunmal penalties of $5,000 to $50,000 pei day of violation, of imprisomnent foi not more than 3 years, of 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 mole than 6 years, or both [33 USC 1319(c)(2) and 40 CFR 122 41(aX2)] e Any person who knowingly violates section 301, 302, 303, 306, 307, 308, 318 or 405 of the Act, or any permit condition of lunitation implementing any of such sections in a permit issued under section 402 of the Act, and who knows at that time that he thereby places another person in imminent danger of death or serious bodily injury, shall, upon conviction, be subject to a fine of not mole than $250,000 or nnpiisomnent of not more than 15 years, or both In the case of a second of subsequent conviction for a knowing endangerment violation, a person shall be subject to a fine of not more than $500,000 of by imprisonment of not more than 30 years, of both An organization, as defined in section 309(c)(3)(13)(iii) of the CWA, shall, upon conviction of violating the imminent danger pi ovision, be subject to a fine of not more than $1,000,000 and can be fined up to $2,000,000 for second or subsequent convictions [40 CFR 122 41(a)(2)] f Under state law, a civil penalty of not more than $25,000 per violation may be assessed against any person who violates or falls to act in accordance with the terms, conditions, or requirements of a permit [North Cai olma 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, of any permit condition or limitation unplementmg 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 maxmmum amount of any Class I penalty assessed not to exceed $37,500 Penalties for Class Il violations are not to exceed $16,000 per day for each day during which the violation continues, with the maximum amount of any Class II penalty not to exceed $177,500 [33 USC 1319(g)(2) and 40 CFR 122 41(a)(3)] 2. Duty to Mitigate The Permittee shall take all reasonable steps to minimize or prevent any discharge or sludge use or disposal in violation of this permit with a reasonable likelihood of adversely affecting human health or the environment [40 CFR 122 41(d)] 3. Civil and Criminal Liability Except as provided in permit conditions on 'Bypassing" (Part ILC 4), "Upsets" (Part ILC 5) and 'Power Failures" (Part 11 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 of relieve the Permittee from any responsibilities, liabilities, or penalties Lo 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 i eal 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 cor_struction of any onshore or offshore physical structures or facilities or the undertaking of any work in any navigable waters. Version 11/09/2011 NPDES Permit Standaid Conditions Page 5 of 18 7 Severability The provisions of this permit are sever able 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 Authoi ity, 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 Authoiity upon request, copies of records requned by this permit [40 CFR 122 41(h)] 9 Duty to Reapply If the Permittee wishes to continue an activity regulated by this permit aftei the expiiation 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 i ecerve automatic authorization to discharge beyond the expiration date, the Permittee shall submit such information, forms, and fees as are requued by the agency authorized to issue permits no later than 180 days prior to the expiration date unless peimission for a later date has been granted by the Director (The Duectoi shall not giant 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 expo ation, 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 pi ocedures as provided in NCGS 143-215 6 and 33 USC 1251 et seq. 1 1 Si natoa Requirements All applications, repoits, 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) Foi 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 corpoiation 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 manufactui mg, 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 mitiating 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 of the proprietor, respectively, or (3) For a municipality, State, Federal, or other public agency by either a principal executive officer or ranking elected official [40 CFR 122.22] b All reports required by the permit and other information requested by the Permit Issuing Authority shall be signed by a person described in paragraph a above or by a duly authorized representative of that person A person is a duly authorized representative only if (1) The authorization is made in wrrtmg 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 of activity, such as the positron of plant manager, operator of a well or well field, superintendent, a positron 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 positron.); and (3) The written authorization is submitted to the Permit Issuing Authority [40 CFR 122 221 Version 11/09/2011 NPDES Pet nut Standard Conditions Page 6of18 c Changes to authorization If an authorization under paragraph (b) of this section is no longer accurate because a different individual or position has i esponsibility foi the overall operation of the facility, a new authorization satisfying the requirements of pal agi aph (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 signmg a document under paragraphs a of b of this section shall make the following certification [40 CFR 122 22]. NO OTHER STATEMENTS OF CERTIFICATION WILL BE ACCEPTED - "I certify, under penalty of law, that this document and all attachments were prepared under my direction or supervision in accordance with a system designed to assure that qual fed personnel properly gather and evaluate the mformation 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 sign fcant penalties for submitting false information, including the possibility of fines and imprisonment for knowing violations " 12 Permit Actions This permit may be modified, revoked and reissued, or terminated for cause The filing of a request by the Permittee for a permit modification, revocation and reissuance, or teimmation, 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 fiom reopening and modifying the permit, revoking and ieissuing 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 Administiative Code, Subchaptei 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 bemg billed by the Division Failure to pay the fee m 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 Operatoi Owners of classified water pollution control systems must designate operator s, certified by the Watei Pollution Control System Operators Certification Commission (WPCSOCC), of the appropriate type and grade for the system, and, for each classification must [T15A NCAC 08G 0201] a designate one Operator In Responsible Charge (ORC) who possesses a valid certificate of the type and grade at least equivalent to the type and grade of the system, b designate one or more Back-up Operator(s) in Responsible Charge (Back-up ORCs) who possesses a valid certificate of the type of the system and no more than one grade less than the grade of the system, with the exception of no backup operator in responsible charge is required for systems whose minimum visitation requirements are twice per year, and , c submit a signed completed "Water Pollution Control System Operator Designation Form" to the Commission (or to the local health department for owners of subsurface systems) countersigned by the designated certified operators, designating the Operator in Responsible Charge (ORC) and the Back-up Operator in Responsible Charge (Back-up ORC) (1) 60 calendar days prior to wastewater or residuals being introduced into a new system, or (2) within 120 calendar days following ➢ receiving notification of a change in the classification of the system requiring the designation of a new Operator in Responsible Charge (ORC) and Back-up Operator in Responsible Charge (Back-up ORC) of the proper type and grade; or ➢ a vacancy in the positron of Operator in Responsible Charge (ORC) or Back-up Operator in Responsible Charge (Back-up ORC) Version 1110912011 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 Il, 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 msuie propel 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 of Reduce not a Defense It shall not be a defense for a Pernittee in an enforcement action that it would have been necessary to halt of 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). 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 dui mg 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 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 determination made during administrative i eview of claims that noncompliance was caused by upset, and before an action for noncompliance, is final administrative action subject to judicial review b Conditions necessary for a demonstration of upset Any Permittee who wishes to establish the affirmative defense of upset shall demonsti ate, through pi operly signed, contempoi aneous operating logs, or other i elevant evidence that (1) An upset occurred and that the Permittee can identify the cause(s) of the upset, (2) The Permittee facility was at the time being properly operated, and (3) The Permittee submitted notice of the upset as required in Part II E 6 (b) of this permit. (4) The Permittee complied with any remedial measures iequned under Part II B 2 of this permit c. Burden of proof [40 CFR 122 41(n)(4)] The Permittee seeking to establish the occurrence of an upset has the burden of proof in any enforcement proceeding Removed Substances Solids, sludges, filter backwash, of 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 of navigable waters of the United States except as permitted by the Commission The Permittee shall comply with all applicable state and Federal regulations governing the disposal of sewage sludge, including 40 CFR 503, Standards for the Use and Disposal of Sewage Sludge, 40 CFR Part 258, Criteria For Municipal Solid Waste Landfills, and 15A NCAC Subchapter 2T, Waste Not Discharged To Surface Waters The Permittee shall notify the Permit Issuing Authority of any significant change in its sludge use or disposal practices 7 Power Failures The Permittee is responsible for maintaining adequate safeguards (as required by 15A NCAC 02H 0124) to prevent the discharge of untreated or inadequately treated wastes during electrical power failures either by means of alternate power sources, standby generators or retention of inadequately treated effluent. Section D. Monitoring and Records 1 Representative Sampling Samples collected and measurements taken, as required 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, before the effluent joins of is diluted by any other wastestream, body of water, or substance Monitoring points shall not be changed without notification to and the appy oval 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 Monitotmg 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. Version 11/09/2011 NPDES Permit Standard Conditions Page 9 of 18 NC DENR / Division of Watei Quality / Surface Water Protection 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 accur acy 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 pilot 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 manufactruer's pump curves shall not be subject to this requitement Test Procedures Laboi atones 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 analysis of pollutants shall conform to the EMC regulations (published pursuant to NCGS 143-215 63 et seq ), the Water and Air Quality Repotting Acts, and to regulations published pursuant to Section 304(g), 33 USC 1314, of the CWA (as amended), and 40 CFR 136, of 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 momtoi ing required by this permit, all test procedures must produce minimum detection and reporting levels that ate below the permit discharge iequuements 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 fust 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 mor e than 4 years, or both [40 CFR 122.411 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 pet rod of at least five years (or longer as requited by 40 CFR 503), the Permittee shall retain records of all monitoring information, including. ➢ all calibration and maintenance records ➢ all original strip chartrecordings 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 of copies shall be maintained for a period of at least 3 years from the date of the sample, measurement, report or application This period may be extended by request of the Director at any time [40 CFR 122411. Version 11/09/2011 NPDES Peumrt Standard Conditions Page 10 of 18 7. Recording Results For each measurement or sample taken pursuant to the requirements of this permit, the Permittee shall record the following information [40 CFR 122.41] a The date, exact place, and time of sampling or measurements, b The individual(s) who performed the sampling or measurements, c The date(s) analyses were performed, d The individual(s) who performed the analyses, e The analytical techniques or methods used, and f The results of such analyses 8 Inspection and Entry The Permittee shall allow the Dnector, or an authorized representative (including an authorized contractor acting as a representative of the Durectol), upon the presentation of credentials and other documents as may be required by law, to, a Enter, at reasonable times, upon the Permrttee's premises where a regulated facility or activity 1s located or conducted, or where records must be kept under the conditions of this permit, b Have access to and copy, at reasonable tunes, any records that must be kept under the conditions of this permit, c Inspect at reasonable times any facilities, equipment (including monitoring and control equipment), practices, or operations regulated or required under this permit, and d Sample or monitor at reasonable tunes, 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 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 author rzed shall constitute a violation of the permit 2 Planned Changes The Pennrttee shall give notice to the Director as soon as possible of any planned physical alterations or additions to the permitted facility [40 CFR 122.41(1)]. Notice is required only when a. The alteration or addition to a permitted facility may meet one of the criteria for new sources at 40 CFR 122 29(b), or b The alteration or addition could significantly change the nature or increase the quantity of pollutants discharged This notification applies to pollutants subject neither to effluent limitations in the permit, nor to notification requirements under 40 CFR 122 42(a)(1), or c The alteration or addition results in a significant change in the Permrttee's sludge use or disposal practices, and such alteration, addition or change may justi�� the application of permit conditions that are different from or absent in the existing permit, including notification of additional use or disposal sites not reported during the permit application process or not reported pursuant to an approved land application plan. 3. Anticipated Noncompliance The Permittee shall give advance notice to the Director of any planned changes to the permitted facility or other activities that might result in noncompliance with the permit [40 CFR 122 41(1)(2)] 4 Transfers This permit is not transferable to any person without prior written notice to and approval from the Director in accordance with 40 CFR 122.61. The Director may condition approval in accordance with NCGS 143-215 1, in particular NCGS 143-215 1(b)(4)b 2, and may require modification or revocation and t eissuance of the permit, or a minor modification, to identify the new permittee and incorporate such other requirements as may be necessary under the CWA [40 CFR 122.41(1)(3), 122.61] or state statute. Version 11/09/2011 NPDES Permit Standaid Conditions Page 11 of 18 i Monitoring Reports Monitor mg results shall be r epos ted at the intervals specified elsewhere m this permit [40 CFR 12241(l)(4)] a Monitoring results must be reported on a Discharge Monitoring Report (DMR) (See Part II D 2) or forms provided by the Director for reporting results of monitoring of sludge use or disposal practices b If the Permittee monitors any pollutant more frequently than required by this permit using test procedures approved under 40 CFR Part 136 and at a sampling location specified in this permit or other appropriate instrument governing the discharge, the results of such monitoring shall be included in the calculation and reporting of the data submitted on the DMR 6 Twenty-four Hour Reporting a The Permittee shall report to the Duector or the appropriate Regional Office any noncompliance that potentially threatens public health or the environment Any information shall be provided orally within 24 hours fiom the time the Permittee became aware of the cicuinstances A written submission shall also be provided within 5 days of the time the Permittee becomes aware of the cncumstances The written submission shall contain a description of the noncompliance, and its cause, the per rod of noncompliance, including exact dates and tines, 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 Diector 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(l)(7)] 8 Other Information Where the Permittee becomes aware that it failed to submit any relevant facts in a permit application, or submitted inconect 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 drschatge 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 mcapable 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 NPDES Petmrt Standaid Conditions Page 12 of 18 11 Penalties for Falsification of Reports The CWA provides that any person who knowingly makes any false statement, representation, or certification in any record or other document submitted or required to be maintained under this permit, including monitoring repot is or reports of compliance or noncompliance shall, upon conviction, be punished by a fine of not more than $25,000 per violation, or by imprisonment for not more than two years per violation, or by both [40 CFR 122.41 ] 12 Amoral Performance Reports Permittees who own or operate facilities that collect of treat municipal or domestic waste shall provide an annual report to the Permit Issuing Authority and to the users/customers served by the Permittee (NCGS 143-215.1C) The report shall summarize the performance of the collection of treatment system, as well as the extent to which the facility was compliant with applicable Federal or State laws, regulations and rules pertaining to water quality The report shall be provided no later than sixty days after the end of the calendar of fiscal year, depending upon which annual period is used for evaluation The report shall be sent to NC DENR / Division of Water Quahty / Surface Water Protection Section ATTENTION Central Files 1617 Marl Service Center Raleigh, North Carolina 27699-1617 Version 11/09/2011 NPDES Permit Standard Conditions Page 13 of 18 PART III OTHER REQUIREMENTS Section A. Construction a The Permittee shall not commence consti uction of wastewater treatment facilities, nor add to the plant's treatment capacity, nor change the treatment process(es) utilized at the treatment plant unless (1) the Division has issued an Authorization to Construct (AtC) permit or (2) the Permittee is exempted from such AtC permit requirements under Item b of this Section b In accordance with NCGS 143-215 l(a5) [SL 2011-394], no permit shall be required to enter into a contract for the construction, installation, or alter ation of any treatment work or disposal system or to construct, install, or alter any treatment works or disposal system within the State when the system's or work's principle function is to conduct, treat, equalize, neutralize, stabilize, recycle, or dispose of industrial waste or sewage from an industrial facility and the discharge of the industrial waste or sewage is authorized under a permit issued for the discharge of the mdustr nal waste oar sewage into the waters of the State Notwithstanding the above, the permit issued for the discharge may be modified if required by federal regulation c Issuance of an AtC will not occur until Final Plans and Specifications for the proposed construction have been submitted by the Permittee and approved by the Division Section B Groundwater MonitorinlZ The Permittee shall, upon written notice from the Director, conduct groundwater monitoring as may be required to determme the compliance of this NPDES permitted facility with the current groundwater standards. Section C Changes in Discharges of Toxic Substances The Permittee shall notify the Permit Issuing Author rty as soon as it knows or has reason to believe (40 CFR 122.42) a That any activity has occurred or will occur which would result in the discharge, on a routine or frequent basis, of any toxic pollutant which is not limited in the permit, if that discharge will exceed the highest of the following "notification levels", (1) One hundred micrograms per liter (100 µg/L); (2) Two hundred micrograms per liter (200 µg/L) for acrolein and acrylonitrile, five hundred micrograms per liter (500 µg/L) for 2,4-dmitrophenol and for 2-methyl-4,6-dinrtrophenol, and one milligram per liter (1 mg/L) for antimony, (3) Five times the maximum concentration value reported for that pollutant in the permit application. b That any activity has occurred or will occur which would result in any discharge, on a non-routme or infrequent basis, of a toxic pollutant which is not limited in the permit, if that discharge will exceed the highest of the following "notification levels", (1) Five hundred micrograms per Inter (500 µg/L), (2) One milligram per liter (1 mg/L) for antimony, (3) Ten times the maximum concentration value reported for that pollutant in the permit application SectionD. Facility Closure Requirements The Permittee must notify the Division at least 90 days prior to the closure of any wastewater treatment system covered by this permit The Division may requite specific measures durmg deactivation of the system to prevent adverse impacts to waters of the State This permit cannot be rescinded while any activities requiring this permit continue at the permitted facility Version 11/09/2011 NPDES Peimrt Standard Conditions Page 14 of 18 PART IV SPECIAL CONDITIONS FOR MUNICIPAL FACILITIES Section A. Definitions In addition to the definitions in Part II of this permit, the following definitions apply to municipal facilities Indirect Discharge or Industrial User Any non-domestic source that discharges wastewater containing pollutants into a POTW regulated under section 307(b), (c) or (d) of the CWA. [40 CFR 403 3 (i) and 0) and 15A NCAC 02H 0903(b)(11)] Interference Inhibition or disruption of the POTW treatment processes, opeiations, or its sludge process, use, or disposal which causes or contributes to a violation of any requirement of the Permittee's (or any satellite POTW's if different from the Permittee) NPDES, collection system, of non-dischaige permit of prevents sewage sludge use or disposal in compliance with specified applicable State and Fedeial statutes, iegulations, of permits [15A NCAC 02H 0903(b)(14)] Pass Through A discharge which exits the POTW into waters of the State in quantities or concentrations which, alone or with discharges from other sources, causes a violation, including an increase in the magnitude or duration of a violation, of the Permittee's (or any satellite POTW's, if different from the Permittee) NPDES, collection system, or non -discharge permit [15A NCAC 02H 0903(b)(23)] Publicly Owned Treatment Works (POTW) A treatment works as defined by Section 212 of the CWA, which is owned by a State or local government organization. This definition includes any devices and systems used in the storage, treatment, recycling and reclamation of municipal sewage or industrial wastes of a liquid nature It also includes the collection system, as defined in 15A NCAC 2T 0402, only if it conveys wastewater to a POTW ti eatment plant The term also means the local government organization, or municipality, as defined in section 502(4) of the CWA, which has jurisdiction over indirect discharges to and the discharges from such a treatment works In this context, the organization may be the owner of the POTW treatment plant or the owner of the collection system into which an indirect discharger discharges. This second type of POTW may be referred to as a "satellite POTW organization " [15A NCAC 02H .0903(b)(26)] "Significant Industrial User" or "SIU" An Industrial User that discharges wastewater into a publicly owned treatment works and that [15A NCAC 02H 0903(b)(33)] 1 Discharges an average of 25,000 gallons per day or more of pi ocess wastewater to the POTW (excluding sanitary, noncontact cooling and boiler blowdown wastewaters), or 2 Contributes process wastewater which makes up five percent or more of the NPDES or non -discharge pennitted flow limit or organic capacity of the POTW treatment plant In this context, organic capacity refers to BOD, TSS and ammonia; or 3 Is subject to categorical standards under 40 CFR Part 403.6 and 40 CFR Parts 405-471, or 4 Is designated as such by the Permittee on the basis that the Industrial User has a reasonable potential for adversely affecting the POTW's operation or for violating any pretreatment standard or requirement, or the POTW's effluent limitations and conditions in its NPDES or non -discharge permit, or to limit the POTW's sludge disposal options, 5 Subject to approval under 15A NCAC 02H 0907(b), the Permittee may determine that an Industrial User meeting the criteria in paragraphs 1 or 2 of this definition above has no reasonable potential for adversely affecting the POTW's operation or for violating any pretreatment standard or requirement, the POTW's effluent limitations and conditions in its NPDES or non -discharge permit, or to limit the POTW's sludge disposal options, and thus is not a Significant Industrial User (SIU); or 6 Subject to approval under 15A NCAC 02H 0907(b), the Permittee may determine that an Industrial User meeting the criteria in paragraph 3 of this definition above meets the requirements of 40 CFR Part 403.3(v)(2) and thus is a non-significant categorical Industrial User. Section B. Publicly Owned Treatment Works (POTWs) Version 11/09/2011 NPDES Petmtt Standard Conditions Page 15 of 18 All POTWs must provide adequate notice to the Director of the following [40 CFR 122 42(b)] 1 Any new introduction of pollutants into the POTW from an indnect discharger, regardless of the means of transport, which would be subject to section 301 of 306 of CWA if it were directly discharging those pollutants, and 2 Any substantial change in the volume or character of pollutants being introduced by an indirect discharger as influent to that POTW at the time of issuance of the permit 3 For purposes of this paragraph, adequate notice shall include information on (1) the quality and quantity of effluent mtroduced into the POTW, and (2) any anticipated impact that may result fiom the change of the quantity of quality of effluent to be discharged fi om the POTW Section C Municipal Control of Pollutants from Industrial Users. I Effluent Invitations are listed in Part I of this permit Other pollutants attributable to inputs fr om Industual User s discharging to the POTW may be present in the Permrttee's discharge At such time as sufficient information becomes available to establish limitations for such pollutants, this permit may be revised to specify effluent limitations for any or all of such other pollutants in accordance with best practicable technology or water quality standar ds 2 Prohibited Discharges a The Permittee shall develop and enforce then Pretreatment Program to implement the prohibition against the introduction of pollutants or drschatges into the waste treatment system or waste collection system which cause of contribute to Pass Tluough of Intetference as defined in 15A NCAC 02H 0900 and 40 CFR 403 [40 CFR 403 5(a)(1)] b The Permittee shall develop and enforce then Pretreatment Program to implement the prohibitions against the introduction of the following wastes in the waste treatment or waste collection system [40 CFR 403 5(b)] (1) Pollutants which create a fie of explosion hazard m the POTW, including, but not limited to, wastestreams with a closed cup flashpomt of less than 140 degrees Fahrenheit of 60 degrees Centigrade using the test methods specified in 40 CFR 2612 1, (2) Pollutants which cause corrosive structural damage to the POTW, but in no case discharges with pH lower than 5 0, unless the works is specifically designed to accommodate such drschatges, (3) Solid or viscous pollutants in amounts which cause obstruction to the flow in the POTW resulting in Interference, (4) Any pollutant, includmg oxygen demanding pollutants (BOD, etc.) i eleased in a Discharge at a flow rate and/or pollutant concentration which will cause Interference with the POTW, (5) Heat in amounts which will inhibit biological activity in the POTW resulting in Interference, but in no case heat in such quantities that the temperature at the POTW Treatment Plant exceeds 40°C (104°F) unless the Division, upon request of the POTW, approves alternate temperature limits; (6) Petroleum oil, non -biodegradable cutting oil, or pi oducts of mineral oil origin in amounts that will cause Interference or Pass Through, (7) Pollutants which result in the presence of toxic gases, vapors, or fumes within the POTW in a quantity that may cause acute worker health and safety problems, or (8) Any trucked or hauled pollutants, except at discharge points designated by the POTW. c The Permittee shall investigate the source of all discharges into the POTW, including slug loads and other unusual discharges, which have the potential to adversely impact the Permittee's Pretreatment Program and/or the operation of the POTW. The Permittee shall report such discharges into the POTW to the Director or the appropriate Regional Office Any information shall be provided orally within 24 hours fiom the time the Permittee became aware of the circumstances A written submission shall also be provided within 5 days of the time the Permittee becomes aware of the circumstances The written submission shall contain a description of the discharge, the investigation into possible sources; the period of the discharge, mcludmg exact dates and times, if the discharge has not ceased, the anticipated time it is expected to continue, and steps taken of planned to reduce, eliminate, and prevent reoccurrence of the noncompliance, Version 11/09/2011 NPDES Permit Standard Conditions Page 16 of 18 3 With regard to the effluent requirements listed in Part I of this permit, it may be necessary for the Permittee to supplement the 1equnements of the Federal Pretteatment Standards (40 CFR, Part 403) to ensure compliance by the Permittee with all applicable effluent limitarions Such actions by the Permittee may be necessaty iegarding some or all of the industries discharging to the municipal system 4 The Permittee shall require any Industrial Usei (ICT) discharging to the POTW to meet Federal Pretteatment Standards developed under Section 307(b) of the Act as amended (which includes categorical standards and specific local limits, best management practices and narrative requirements) Pi toi to accepting wastewater from any Significant Industrial User (SIU), the Peimittee shall either develop and submit to the Division a new Pretreatment Program oi, as necessaty, a modification of an existing Pretteatment Program, for approval as iequned under section D below as well as 15A NCAC 02H 0907(a) and (b) [40 CFR 122 440(2)] 5 This permit shall be modified, or alternatively, re-voked and reissued, to incorporate of modify an approved POTW Pretreatment Piogram or to include a compliance schedule foi the development of a POTW Pretreatment Program as required under Section 402 (b)(8) of the CWA and implementing regulations of by the requirements of the apps oved State pi eti eatment pi ogram, as apps opria.e Section D. Pretreatment Proirrams Under authority of sections 307 (b) and (c) and 402(b)(8) of the CWA and implementing regulations 40 CFR 403, North Carolina Geneial Statute 143-215 3(14) and implementing regulations 15A NCAC 02H 0900, and in accordance with the approved pretreatment program, all provisions and regulations contained and referenced in the pretreatment program submittal ate an enforceable part of this permit. '40 CFR 122 440(2)] The Permittee shall operate its approved pretreatment program in accordance with Section 402(b)(8) of the CWA, 40 CFR 403, 15A NCAC 02H 0900, and the legal authorities, policies, procedures, and financial provisions contained in its pretreatment program submission and Division approved modifications thereof Such operation shall include but is not limited to the implementation of the following conditions and requirements Terms not defined in Part II or Part IV of this permit are as defined in 15A NCAC 02H 0903 and 40 CFR 403 3 1 Sewer Use Ordinance (SUO) The Permittee shall maintain adequate legal authority tc implement its approved pretreatment program. [15A NCAC 02H 0903(b)(32), 0905 and 0906(b)(1), 40 CFR 403 8(f)(1) and 403 9(b)(1) and (2)] 2 Industrial Waste Suivey (IWS) The Permittee shall implement an IWS consisting of the survey of users of the POTW collection system or treatment plant, as required by 40 CFR 403 8(f)(2)(i-iii) and 15A NCAC 02H 0905 [also 40 CFR 122 440(1)], including identification of all Industrial Users that may have an impact on the POTW and the character and amount of pollutants contributed to the POTW by these Industrial Users and identification of those Industrial Users meeting the definition of SIU Where the Permittee accepts wastewater from one or more satellite POTWs, the IWS for the Permittee shall address all satellite POTW services areas, unless the pretreatment program in those satellite service areas is administered by a separate Permittee with an approved Pretreatment Program The Permittee shall submit a summary of its IWS activities to the Division at least once every five years, and as required by the Division The IWS submission shall include a summary of any investigations conducted under paragraph C 2 c of this Part [15A NCAC 02H 0903(b)(13), 0905 and 0906(b)(2), 40 CFR 403 8(f)(2) and 403 9] 3 Monitoring Plan The Permittee shall implement a Division -approved Monitoring Plan for the collection of facility specific data to be used in a wastewater treatment plant Headworks Analysis (HWA) for the development of specific pretreatment local limits Effluent data from the Plan shall be reported on the DMRs (as i equired by Parts II D and II.E.5.). [ 15A NCAC 02H .0903(b)(16), 0906(b)(3) and .0905] Headworks Analysis (HWA) and Local Limits The Permittee shall obtain Division approval of a HWA at least once every five years, and as required by the Division Within 180 days of the effective date of this permit (or any subsequent permit modification) the Permittee shall submit to the Division a written technical evaluation of the need to revise local limits (i e , an updated HWA or documentation of why one is not needed) [40 CFR 122 44] The Peimittee shall develop, in accordance with 40 CFR 403.5(c) and 15A NCAC 02H .0909, specific Local Limits to implement the prohibitions listed in 40 CFR 403.5(a) and (b) and 15A NCAC 02H 0909 Fursuant to 40 CFR 403 5, local limits are Version 11/09/201; NPDES Permit Standard Conditions Page 17 of 18 enforceable Pretreatment Standards as defined by 40 CFR 403 3(1) [15A NCAC 02H 0903(b)(10), 0905, and 0906(b)(4)] Industrial User Pretreatment Permits (NP) & Allocation Tables g permits for In accordance with NCGS 143-215 1, the Permittee shall issue to all Significant Industrial Users, p operation of pretreatment equipment and discharge to the Permittee's collection system or treatment works These permits shall contain limitations, sampling protocols, reporting requirements, appropriate standard and special conditions, and compliance schedules as necessary for the installation of treatment and control technologies to assure that then wastewater discharge will meet all applicable pretreatment standards and requirements The Permittee shall maintain a current Allocation Table (AT) which summarizes the results of the HWA and the limits from all NPs Permitted ATP loadings for each parameter cannot exceed the t eatment capacity of the POTW as determined by the HWA [15A NCAC 02H 0906(b)(6), 0909, 0916, and 0917, 40 CFR 403 5, 403 8(f)(1)(m), NCGS 143-215.67(a)] 5 Authorization to Construct (AtC) The Permittee shall ensure that an Authoi ization to Construct permit (AtC) is issued to all applicable Industrial Users for the constuctron or modification of any pretreatment facility. Prior to the issuance of an AtC, the proposed pretreatment facility and treatment process must be evaluated for its (a)( city to comply with all Industrial User Pretreatment Permit (IUP) Iunitations [ 15A NCAC 02H 0906 b 7 and 0905, NCGS 143- 215 1(a)(8)] 7 POTW Inspection & Monitoring of their IUs The Permittee shall conduct inspection, surveillance, and monitoring activities as described in its Division approved preteatment program in order to determine, independent of information supplied by Industrial Users, compliance with applicable pretreatment standards. [15A NCAC 02H .0908(e); 40 CFR 403 8 2 vThe Permittee must a Inspect all Significant Industrial Useis (SIUs) at least once per calendar year, b Sample all Significant Industrial Users (SIUs) at least once per calendar year for all SIU permit -limited parameters including flow except as allowed under 15A NCAC 0908(e), and c At least once per year, document an evaluation of any non-significant categorical Industrial User for compliance with the i equn ements in 40 CFR 403 3(v)(2), and either continue or revoke the designation as non- significant. IU Self Monitoring and Reporting The Permittee shall require all Indust ial Users to comply with the applicable monitoring and reporting requirements outlined in the Division -approved pretreatment program, the industiyls v and pretreatment 2 aru e t permiCFRt, or in 15A NCAC 02H.0908 [15A NCAC 02H 0906(b)(5) and 0905; 40 CFR 403 8(f)(1)O O( ), 122.440)(2) and 40 CFR 403 12] Enforcement Response Plan (ERP) The Permittee shall enforce and obtain appropriate remedies for violations of all pretreatment standards promulgated pursuant to section 307(b) and (c) of the CWA (40 CFR 405 et seq ), prohibitive discharge standards as set forth in 40 CFR 403 5 and 15A NCAC 02H 0909, specific local limitations, and other pretreatment requirements All remedies, enforcement actions and other, shall be consistent with the Enforcement Response Plan (ERP) approved by the Division [15A NCAC 02H 0903(b)(7), 0906(b)(8) and .0905; 40 CFR 403 8(f)(5)] 10 Pretreatment Annual Reports (PAR) The Permittee shall report to the Division in accordance with 15A NCAC 02H .0908 In lieu of submitting annual reports, Modified Preteatment Programs developed under 15A NCAC 02H 0904 (b) may be required to submit a partial annual report or to meet with Division personnel periodically to discuss enforcement of pretreatment iequirements and other pretreatment implementation issues For all other active pretreatment programs, the Permittee shall submit two copies of a Pretreatment Annual Report (PAR) describing its pretreatment activities over the previous calendar year to the Division at the following address: Version 11/09/2011 NPDES Permit Standard Conditions Page 18 of 18 NC DENR / Division of Water Quality / Surface Water Protection Section Pretreatment, Emeigency Response, and Collection Systems (PERCS) Unit 1617 Mail Service Centei Raleigh, North Carolina 27699-1617 These reports shall be submitted by Match 1 of each year and shall contain the following a Narrative A narrative summary detailing actions taken, or proposed, by the Permittee to conect significant non- compliance and to ensure compliance with pretreatment requuements, b Pretreatment Program Summary (PPS) A pretreatment program summary (PPS) on forms or in a format provided by the Division, c Significant Non -Compliance Report (SNCR) A list of Industrial Users (IUs) in significant noncompliance (SNC) with pretreatment r equrrements, and the nature of the violations on forms or in a format provided by the Division, d Industrial Data Summary Fonns (IDSF) Monitoring data from samples collected by both the POTW and the Significant Industrial Users (SlUs) These analytical results must be reported on Industrial Data Summary Forms (IDSF) or on other forms or in a format provided by the Division, e. Other Information Copies of the POTW's allocation table, new or modified enfor cement compliance schedules, public notice of IUs in SNC, a summary of data or other information related to significant noncompliance determinations for IUs that are not considered SIUs, and any other information, upon request, which in the opinion of the Director is needed to determine compliance with the pretreatment implementation requirements of this permit, 11 Public Notice The Permittee shall publish annually a list of Industrial Users (IUs) that were in significant noncompliance (SNC) as defined in the Permittee's Division -approved Sewer Use Ordinance with applicable pretreatment requirements and standards during the previous twelve month period. This list shall be published within four months of the applicable twelve-month period [15A NCAC 02H 0903 (b)(34),.0908(b)(5) and .0905 and 40 CFR 403 8(f)(2)(vrrr)] 12 Record Keeping The Permittee shall retain for a minimum of three years records of monitoring activities and results, along with support infolmatron including general records, water quality records, and records of industrial impact on the POTW and shall retain all other Pretreatment Program records as required by 15A NCAC 02H 0908(f) [15A NCAC 02H 0908(f), 40 CFR 403.12(0)] 13. Pretreatment Program Resources The Permittee shall maintain adequate funding and qualified personnel to accomplish the objectives of its approved pretreatment program. and retain a written description of those current levels of inspection [ 15A NCAC 02H 0906(b)(9) and (10) and .0905, 40 CFR 403 8(f)(3), 403.9(b)(3)] 14 Modification to Pretreatment Programs Modifications to the approved pretreatment program mcludmg but not limited to local limits modifications, POTW monitoring of their Significant Industrial Users (SIUs), and Monitoring Plan modifications, shall be considered a permit modification and shall be governed by 40 CFR 403 18, 15 NCAC 02H 0114 and 15A NCAC 02H 0907 Version " 1/09/2011