NC0086924_Final Permit_20170929

Water Resources
ENVIRONMENTAL QUALITY
ROY COOPER
cove, no?
MICHAEL S. REGAN
Sect etary
S. JAY ZIMMERMAN
Du ectoi
September 29, 2017
Mr. David L. Clegg
Tyrrell County
108 S Water Street
Columbia, NC 27925-0449
Subject: NPDES PERMIT ISSUANCE
NPDES Permit NCO086924
Reverse Osmosis WTP
Class PCNC
Tyrrell County
Dear Mr. Clegg:
Division personnel have reviewed and approved your application for renewal of the subject permit.
Accordingly, we are forwarding the attached final 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 added to require electronic submission of effluent data, and a footnote
has been added in Section A. (1). Federal regulations require electronic submittal of all
discharge monitoring reports (DMRs).
➢ Regulatory citations have been added to the permit.
➢ Parameter codes have been added to Section A. (1).
➢ Components list has been added to the Supplement to Permit Cover Sheet.
➢ Outfall map has been updated.
➢ Language has been updated and added to the Supplement to Permit Cover Sheet based on current
permit language used.
➢ The footnote for aquatic toxicity monitoring has been updated in Section A. (1).
➢ The limit for monthly average flow has been removed in Section A. (1) per the current water
treatment plant strategy.
➢ Sample location for flow has been changed to effluent in Section A. (1) per the current water
treatment plant strategy.
➢ Monitoring, limits, and an associated footnote have been added for total residual chlorine (TRC)
in Section A. (1) per the current water treatment plant strategy.
➢ Monitoring for turbidity has been added to Section A. (1) per the current water treatment plant
strategy.
➢ Monitoring has been removed for the following parameters in Section A. (1): total iron, total
chromium, total mercury, and total selenium.
State of North Carolina I Environmental Quality I Water Resources
1617 Mail Service Center I Raleigh, NC 27699-1617
919 807 6333 919-807-6389 FAX
https //deq nc gov/about/divisions/water-resources/water-resources-permits/wastewater-branch/npdes-wastewater-permits

Mr. David L. Clegg
NC0086924 Renewal
➢ Monitoring for pH has been changed from monthly to 2/month in Section A. (1) per the current
water treatment plant strategy.
➢ Monitoring for ammonia nitrogen has been changed from 2/month to monthly in Section A. (1)
per the current water treatment plant strategy.
➢ Monitoring for total nitrogen and total phosphorus has been changed from monthly to quarterly
in Section A. (1) per the current water treatment plant strategy.
➢ Limits for total nickel have been removed and monitoring has been reduced from monthly to
quarterly in Section A. (1).
➢ Limits have been added for Total Copper in Section A. (1) based on a potential to exceed water
quality standards.
➢ Temperature, DO, and salinity sample locations have been changed from effluent and instream to
effluent, upstream, and downstream in Section A. (1) to match language used in the current water
treatment plant strategy.
➢ Instream sampling has been added for conductivity and pH in Section A. (1) per the current
water treatment plant strategy.
➢ Language in Section A. (2) has been updated.
➢ Special condition concerning TRC monitoring [previously Section A. (5)] has been removed as
monitoring for TRC has been added to the effluent table per the current water treatment plant
strategy.
The final permit includes the following significant changes from the draft permit:
➢ Receiving stream characteristics have been added on the Supplement to Permit Cover Sheet.
➢ Language on the Supplement to Permit Cover Sheet added per current water treatment plant
strategy.
➢ Language has been added in Section A. (1) for WET testing to state "Monitor & Report".
➢ The footnote for flow in Section A. (1) has been removed per the current water treatment plant
strategy.
➢ A map indicating instream sampling locations has been included, as it was inadvertently left
out of the draft.
➢ Upon review of the water treatment plant strategy currently used, monitoring frequency has
been changed from 2/month to monthly for turbidity, salinity, conductivity, dissolved oxygen,
and total dissolved solids. Monitoring was mistakenly changed to 2/month in the draft permit.
➢ Monitoring for temperature has been removed per the current water treatment plant strategy.
Monitoring for temperature was mistakenly left in the draft permit.
➢ Monitoring for arsenic has been removed as it was inadvertently included in the draft permit.
Thank you for submitting comments on the draft permit, which were communicated through the
Washington Regional Office. Upon review of the water treatment plant strategy currently used, the
monitoring frequency has been changed from 2/month to monthly for salinity, conductivity, dissolved
oxygen, and total dissolved solids. In addition, a comment was received requesting total arsenic
monitoring be removed. After review of the permit file, monitoring for total arsenic has been removed
from this final permit as it was previously determined that arsenic did not have a potential to exceed
water quality standards.
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

Mr. David L. Clegg
NC0086924 Renewal
(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 permit 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 or need additional information, please do not hesitate to contact Brianna
Young of my staff at [phone].
;inrely,
.y Zimmerman, P.G.
Director, Division of Water Resources
cc: NPDES Files
Central files
Washington Regional Office
ec: Mr. Willie M. Carawan [[e-mail]]
Mr. Dennis Crane [[e-mail]]

Permit NCO086924
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 Water Quality Commission, and the
Federal Water Pollution Control Act, as amended,
Tyrrell County
is hereby authorized to discharge wastewater from a facility located at the
Tyrrell County Reverse Osmosis WTP
3868 Albemarle Church Road
Columbia
Tyrrell County
to receiving waters designated as Bull Bay within the Pasquotank River Basin in accordance with the
discharge 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 the authorization to discharge shall expire at midnight on October 31, 2022.
Signed this day September 29, 2017.
. y Zimmerman, P.G. 4111-�____
Director, Division of Water Resources
By the Authority of the Environmental Management Commission
Page 1 of 8

Permit NC0086924
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.
Tyrrell County Reverse Osmosis Water Treatment Plant
is hereby authorized to:
1. Continue to operate a Water Treatment Plant with a discharge of reject water from reverse
osmosis units. This water treatment plant currently has a design potable flowrate of 0.936
MGD and a maximum, monthly average wastewater discharge of 0.06416 MGD. This facility
is located at 3868 Albemarle Church Road in Columbia in Tyrrell County. Water and
wastewater treatment consists of
• RO Unit
• Subaqueous diffuser
2. Discharge reject wastewater from an effluent diffuser system via Outfall 001 at the location
specified on the attached map into Bull Bay [Stream Segment: 30-14], which is currently
classified as SB waters within subbasin 03-01-53 [HUC: 03 01020502] in the Pasquotank River
Basin.
Page 2 of 8

Permit NCO086924
Part I.
A. (1). EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS
[15A NCAC 02B .0400 et seq., 02B .0500 et seq.]
During the period beginning on the effective date of the permit and lasting until expiration, the
Permittee is authorized to discharge from outfall(s) serial number 001- Reverse Osmosis Reject Water.
Such discharges shall be limited and monitored' by the Permittee as specified below:
EFFLUENT CHARACTERISTICS
[Parameter code]
DISCHARGE LIMITATIONS
MONITORING REQUIREMENTS
Monthly Daily
Average Maximum
Measurement Sample
Z
Frequency Sample Type Location
Flow (MGD)
50050
Continuous
Recording
E
Dissolved Oxygen
00300
Monthly
Grab
E, U, D
Salinity
00480
Monthly
Grab
E, U, D
Conductivity
00094
Monthly
Grab
E, U, D
pH
00400
6.8 s u <— pH <— 8.5 s u.
2/Month
Grab
E, U, D
Total Residual Chlorine 3
50060
13 Ng/I
2/Month
Grab
E
Total Dissolved Solids
70295
Monthly
Grab
E
Turbidity
00070
Monthly
Grab
E
Total Copper
01042
3 70 Ng/l 5 80 pg/I
Monthly
Grab
E
Total Chloride
00940
Monthly
Grab
E
Total Nickel
01067
Quarterly
Grab
E
Total Fluoride
00951
Monthly
Grab
E
Total Zinc
01092
Monthly
Grab
E
Ammonia Nitrogen
C0610
Monthly
Grab
E
Total Nitrogen (TN)
C0600
Quarterly
Grab
E
Total Phosphorus (TP)
C0665
Quarterly
Grab
E
Whole Effluent Toxicity 4
TGE3E
Monitor & Report
Quarterly
Grab
E
NOTES:
1. The permittee shall submit discharge monitoring reports electronically using the Division's eDMR system
[see Special Condition A. (5)].
2. Sample Locations: E — Effluent, U — Upstream, D — Downstream, Instream — see Part I, Special Condition
A. (4) for locations and frequencies.
3. Limit and monitoring requirements apply only if the facility adds chlorine or chlorine derivatives to water
that is eventually discharged. 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/1.
4. Acute Toxicity Monitoring (Mysid shrimp) 24hr P/F @ 90%, Quarterly; January, April, July, and October.
See Special Condition A. (2).
THERE SHALL BE NO DISCHARGE OF FLOATING SOLIDS OR VISIBLE FOAM IN OTHER THAN TRACE AMOUNTS.
Page 3 of 8

Permit NCO086924
A. (2). ACUTE TOXICITY PASS/FAIL MONITORING ONLY (QUARTERLY)
[15A NCAC 02B .0500 et seq.]
The permittee shall conduct acute toxicity tests on a quarterly basis using protocols defined in the North
Carolina Procedure Document entitled "Pass/Fail Methodology For Determining Acute Toxicity In A
Single Effluent Concentration" (Revised -December 2010 or subsequent versions). The monitoring shall
be performed as a Mysid Shrimp (Mysidopsis Bahia) 24 hour static test. The effluent concentration at
which there may be at no time significant acute mortality is 90% (defined as treatment two in the
procedure document). 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
TGE3E. Additionally, DWR Form AT -2 (original) is to be sent to the following address:
Attention: North Carolina Division of Water Resources
Wat--r Sciences Section/Aquatic Toxicology Branch
1621 Mail Service Center
Raleigh, NC 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 either these monitoring requirements 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 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 4 of 8

Permit NCO086924
A. (3). DISCHARGE SPECIAL CONDITION
[G.S. 143-215.1(b)]
The effluent diffuser must be designed to prevent surface turbulence and bottom scour. Should the
location of the discharge cause visible turbulence within Bull Bay, the Division may require that the
discharge be relocated.
The diffuser must be submerged during low tide conditions.
A. (4). INSTREAM MONITORING REQUIREMENTS
[G.S. 143-215.66]
The following parameters shall be monitored within Bull Bay (at the locations indicated) 2/month year
round.
Parameter Location Frequency Months
Salinity (ppt)
B, M6
2/month
January through
Temperature (C)
December (year)
D. 0. (mg1l)
B — Background sample should be taken at or near the mouth of Bunton Creek, in the estuary, outside
the influence of the discharge.
M6 — Along a northwest/southeast transect from the discharge point, approximately 50 feet northwest of
the discharge.
NOTE: Map on the following page is not to scale.
A. (5). ELECTRONIC REPORTING OF DISCHARGE MONITORING REPORTS
[NCGS 143-215.1 (b)]
Federal regulations require electronic submittal of all discharge monitoring reports (DMRs) and program
reports. The final NPDES Electronic Reporting Rule was adopted and became effective on December
21, 2015.
NOTE: This special condition supplements or supersedes the following sections within Part II of this
permit (Standard Conditions for NPDES Permits):
• Section B. (11.)
• Section D. (2.)
• Section D. (6.)
• Section E. (5.)
Signatory Requirements
Reporting
Records Retention
Monitoring Reports
1. Reporting Requirements 1Supersedes Section D. (2.) and Section E. (5.) (a)1
Page 5 of 8

The permittee shall report discharge moni
Discharge Monitoring Report (eDMR) int
Monitoring results obtained during the p
submitted electronically using eDMR. Z
data and submit DMRs electronically usi
application is compliant with EPA's Cro
permittees will be required to submit all
eDMR and will be required to complete
signed original and a copy of the compul
Permit NC0086924
data electronically using the NC DWR's Electronic
application.
rious month(s) shall be summarized for each month and
eDMR system allows permitted facilities to enter monitoring
the internet. Until such time that the state's eDMR
Media Electronic Reporting Regulation (CROMERR),
;charge monitoring data to the state electronically using
eDMR submission by printing, signing, and submitting one
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
• 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 inf rmation from NPDES-regulated facilities means the entity
(EPA or the state authorized by EPA to iinplement 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
Page 6 of 8

Permit NC0086924
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.) (d)1
All eDMRs submitted to the permit issuing authority shall be signed by a person described in Part II,
Section B. (I 1.)(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://deq.nc.gov/about/divisions/water-resources/edmr
Certification. Any person submitting an electronic DMR using the state's eDMR system shall make the
following certification [40 CFR 122.22]. NO OTHER STATEMENTS OF CERTIFICATION WILL
BE ACCEPTED:
"I certify, under penalty of law, that this document and all attachments were prepared under my
direction or supervision in accordance with a system designed to assure that qualified personnel
properly gather and evaluate the information submitted. Based on my inquiry of the person or persons
who manage the system, or those persons directly responsible for gathering the information, the
information submitted is, to the best of my knowledge and belief, true, accurate, and complete. I am
aware that there are significant penalties for submitting false information, including the possibility of
fines and imprisonment for knowing violations. "
5. Records Retention [Supplements Section D. (6.)]
Page 7 of 8

Permit NCO086924
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

B U L L
Bunton 2 (C)
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Outfall
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Tyrrell County
Reverse Osmosis WTP
NPDES Permit NCO086924
Receiving Stream: Bull Bay Stream Class: SB
Stream Segment: 30-14 Sub -Basin #: 03-01-53
River Basin: Pasquotank HUC: 301020502
County: Tyrrell
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Tyrrell County
Reverse Osmosis WTP
NPDES Permit NCO086924
Receiving Stream: Bull Bay Stream Class: SB
Stream Segment: 30-14 Sub -Basin #: 03-01-53
River Basin: Pasquotank HUC: 301020502
County: Tyrrell
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Instream Monitoring Requirements Tyrrell County Reverse Osmosis
NPDES Permit NC0086924

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 combmmg 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 tune/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 11/09/2011.1

NPDES Permit Standard Conditions
Page 2 of 18
(4) Constant time/constant volume a series of grab samples of equal volume collected over a 24-hour period at a
constant time interval. Use of this method requires prior approval by the Director This method may only be
used in situations where effluent flow rates vary less than 15 percent The following restrictions also apply.
➢ Influent and effluent grab samples shall be of equal size and of no less than 100 milliliters
Influent samples shall not be collected more than once per hour.
➢ Permittees with wastewater treatment systems whose detention time < 24 hours shall collect effluent grab
samples at intervals of no greater than 20 minutes apart during any 24-hour period.
➢ Permittees with wastewater treatment systems whose detention time exceeds 24 hours shall collect effluent
grab samples at least every six hours, there must be a minimum of four samples during a 24-hour sampling
period
Continuous flow measurement
Flow monitoring that occurs without interruption throughout the operating hours of the facility. Flow shall be
monitored continually except for the infrequent times when there may be no flow or for infrequent maintenance
activities on the flow device
Daily Discharge
The discharge of a pollutant measured during a calendar day or any 24-hour period that reasonably represents the
calendar day for purposes of sampling. For pollutants measured in units of mass, the "daily discharge" is calculated as
the total mass of the pollutant discharged over the day For pollutants expressed in other units of measurement, the
"daily discharge" is calculated as the average measurement of the pollutant over the day. (40 CFR 122 2, see also
"Composite Sample," above.)
Daily Maximum
The highest "daily discharge" during the calenda- month
Daily Sampling
Parameters requiring daily sampling shall be sampled 5 out of every 7 days per week unless otherwise specified in the
permit Sampling shall be conducted on weekdays except where holidays or other disruptions of normal operations
prevent weekday sampling. If sampling is required for all seven days of the week for any permit parameter(s), that
requirement will be so noted on the Effluent Limitations and Monitoring Page(s).
DWR or "the Davison"
The Division of Water Resources, Department of Environment and Natural Resources
Effluent
Wastewater discharged following all treatment processes from a water pollution control facility or other point source
whether treated or untreated.
EMC
The North Carolina Environmental Management Commission
EPA
The United States Environmental Protection Agency
Facility Closure
Cessation of all activities that require coverage under this NPDES permit. Completion of facility closure will allow this
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 representative of the discharge (or the receiving stream, for instream
samples)
Version 11109120111

NPDES Permit Standard Conditions
Page 3 of 18
Hazardous Substance
Any substance designated under 40 CFR Part 116 pursuant to Section 311 of the CWA
Instantaneous flow measurement
The flow measured during the minimum time required for the flow measuring device or method to produce a result in
that instance To the extent practical, instantaneous flow measurements coincide with the collection of any grab
samples required for the same sampling period so that together the samples and flow are representative of the discharge
during that sampling period.
Monthly Average (concentration limit)
The arithmetic mean of all "daily discharges" of a pollutant measured during the calendar month In the case of fecal
coliform or other bacterial parameters or indicators, the geometric mean of such discharges
Permit Issuing 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 property damage
Substantial physical damage to property, damage to the treatment facilities which causes them to become inoperable, or
substantial and permanent loss of natural resources which can reasonably be expected to occur in the absence of a
bypass. Severe property damage excludes 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 linut)
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. Du to ComTly
The Permittee must comply with all conditions of this permit Any perrmt 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
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imprisonment of not more than 1 year, or both In the case of a second or subsequent conviction for a negligent
violation, a person shall be subject to criminal penalties of not more than $50,000 per day of violation, or by
imprisonment of not more than 2 years, or both [33 USC 1319(c)(1) and 40 CFR 122.41(a)(2)]
d Any person who knowingly violates such sections, or such conditions or limitations is subject to criminal
penalties of $5,000 to $50,000 per day of violation, or imprisonment for not more than 3 years, or both. In the
case of a second or subsequent conviction for a knowing violation, a person shall be subject to criminal
penalties of not more than $100,000 per day of violation, or imprisonment of not more than 6 years, or both
[33 USC 1319(c)(2) and 40 CFR 122 41(a)(2)]
e Any person who knowingly violates section 301, 302, 303, 306, 307, 308, 318 or 405 of the Act, or any permit
condition or li nutation 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 immmnent danger of death or serious bodily
mjury, shall, upon conviction, be subject to a fine of not more than $250,000 or nmpnsonment of not more than
15 years, or both In the case of a second or subsequent conviction for a knowing endangerment violation, a
person shall be subject to a fine of not mcre than $500,000 or by imprisonment of not more than 30 years, or
both An organization, as defined in section 309(c)(3)(B)(ui) of the CWA, shall, upon conviction of violating
the imminent danger provision, be 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 fails to act in accordance with the terms, conditions, or requirements of a permit [North
Carolina General Statutes § 143-215.6A]
g. Any person may be assessed an administrative penalty by the Administrator for violating section 301, 302,
306, 307, 308, 318 or 405 of this Act, or any permit condition or limitation implementing any of such sections
in a permit issued under section 402 of this Act. Administrative penalties for Class I violations are not to
exceed $16,000 per violation, with the maximum amount of any Class I penalty assessed not to exceed
$37,500 Penalties for Class II violations are not to exceed $16,000 per day for each day during which the
violation continues, with the maximum amount of any Class II penalty not to exceed $177,500. [33 USC
1319(g)(2) and 40 CFR 122 41(a)(3)]
2. Duty to Mitigate
The Permittee shall take all reasonable steps to immunize 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 II.0 4), "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 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 maybe temporarily suspended
4. Oil and Hazardous Substance Liability
Nothing in this permit shall be construed to preclude the institution of any legal action or relieve the Permittee
from any responsibilities, liabilities, or penalties to which the Permittee is or may be subject to under NCGS 143-
215.75 et seq. or Section 311 of the Federal Act, 33 USG 1321. Furthermore, the Perrmttee 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 perrmt does not convey any property rights in either real or personal property, or any exclusive
privileges, nor does it authorize any mjury 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 she construction of any onshore or offshore physical structures or
facilities or the undertaking of any work in any navigable waters.
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7 Severability
The provisions of this permit are severable. If any provision of this permit, or the application of any provision of
this permit to any circumstances, is held invalid, the application of such provision to other circumstances, and the
remainder of this permit, shall not be affected thereby [NCGS 15013-23]
8 Duty to Provide Information
The Permittee shall furnish to the Permit Issuing Authority, within a reasonable time, any information which the
Permit Issuing Authority may request to determine whether cause exists for modifying, revoking and reissuing, or
terminating this permit or to determine compliance with this permit. The Permittee shall also furnish to the Permit
Issuing Authority upon request, copies of records required by this permit [40 CFR 122.41(h)]
9. Dgty to Reapply
If the Permittee wishes to continue an activity regulated by this permit after the expiration date of this permit, the
Permittee must apply for and obtain a new permit [40 CFR 122.41(b)].
10 Expiration of Permit
The Permittee is not authorized to discharge after the expiration date In order to receive automatic authorization to
discharge beyond the expiration date, the Permittee shall submit such information, forms, and fees as are required
by the agency authorized to issue permits no later than 180 days prior to the expiration date unless perrmssmon for a
later date has been granted by the Director. (The Director shall not grant permission for applications to be
submitted later than the expiration date of the existing permit ) [40 CFR 122 21(d)] Any Permittee that has not
requested renewal at least 180 days prior to expiration, or any Permittee that does not have a permit after the
expiration and has not requested renewal at least 180 days prior to expiration, will subject the Permittee to
enforcement procedures as provided in NCGS 143-215 6 and 33 USC 1251 et seq
11 Signatory Requirements
All applications, reports, or information submitted to the Permit Issuing Authority shall be signed and certified [40
CFR 122 41(k)].
a All permit applications shall be signed as follows -
(1) For a corporation: by a responsible corporate officer. For the purpose of this Section, a responsible
corporate officer means (a) a president, secretary, treasurer or vice president of the corporation in charge
of a principal business function, or any other person who performs similar policy or decision making
functions for the corporation, or (b) the manager of one or more manufacturing, production, or operating
facilities, provided, the manager is authorized to make management decisions which govern the operation
of the regulated facility including having the explicit or implicit duty of making 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 122.22].
b All reports required by the permit and other information requested by the Permit Issuing Authority shall be
signed by a person described in paragraph a. above or by a duly authorized representative of that person. A
person is a duly authorized representative only if
(1) The authorization is made in writing by a person described above,
(2) The authorization specified either an individual or a positron having responsibility for the overall operation
of the regulated facility or activity, such as the positron of plant manager, operator of a well or well field,
superintendent, a position of equivalent responsibility, or an individual or positron 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 22]
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c Changes to authorization If an authorization under paragraph (b) of this section is no longer accurate because
a different individual or position has responsibility for the overall operation of the facility, a new authorization
satisfying the requirements of paragraph (b) of this section must be submitted to the Director prior to or
together with any reports, information, or applications to be signed by an authorized representative [40 CFR
122 22]
d Certification Any person signing a document under paragraphs a or b. of this section shall make the following
certification [40 CFR 122.22] NO OTHER STATEMENTS OF CERTIFICATION WILL BE ACCEPTED
"I cert, under penalty of law, that this document and all attachments were prepared under my direction or
supervision in accordance with a system designed to assure that qual f ed personnel properly gather and
evaluate the information submitted Based on my inquiry of the person or persons who manage the system, or
those persons directly responsible for gathering the information, the information submitted is, to the best of my
knowledge and belief, true, accurate, and complete I am aware that there are sign fcantpenalties for
submitting false information, including thepossibility 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 termination, or a notification of planned changes
or anticipated noncompliance does not stay any permit condition [40 CFR 122 41(f)].
13 Permit Modification, Revocation and Reissuance, or Ternimation
The issuance of this permit does not prohibit the permit issumg authority from reopening and modifymg the permit,
revoking and reissuing the pemut, or terminating the permit as allowed by the laws, rules, and regulations
contained in Title 40, Code of Federal Regulations, Parts 122 and 123, Title 15A of the North Carolina
Administrative Code, Subchapter 02H .0100; and North Carolina General Statute 143 215 1 et al
14. Annual Administering and Comphance 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(6)(2)
may cause this Division to initiate action to revoke the permit.
Section C. Operation and Maintenance Qf Pollution Controls
1 Certified Operator
Owners of classified water pollution control 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 [T15A NCAC 08G.0201]
a designate one Operator In Responsible Charge (ORC) who possesses a valid certificate of the type and grade at
least equivalent to the type and grade of the system,
b designate one or more Back-up Operator(s) in Responsible Charge (Back-up ORCs) who possesses a valid
certificate of the type of the system and no more than one grade less than the grade of the system, with the
exception of no backup operator in responsible charge is required for systems whose minimum visitation
requirements are twice per year; and
c. submit a signed completed "Water Pollution Control System Operator Designation Form" to the Comrmssion
(or to the local health department for owners of subsurface systems) countersigned by the designated certified
operators, designating the Operator in Responsible Charge (ORC) and the Back-up Operator in Responsible
Charge (Back-up ORC):
(1) 60 calendar days prior to wastewater or residuals being introduced into a new system; or
(2) within 120 calendar days following:
➢ receiving notification of a change in the classification of the system requiring the designation of a new
Operator in Responsible Charge (ORC) and Back-up Operator in Responsible Charge (Back-up ORC)
of the proper type and grade, or
➢ a vacancy in the position of Operator in Responsible Charge (ORC) or Back-up Operator in
Responsible Charge (Back-up ORC)
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(3) within seven calendar days of vacancies in both ORC and Back-up ORC positions replacing or designating
at least one of the responsibilities.
The ORC of each Class I facility (or the Back-up ORC, when acting as surrogate for the ORC) must.
Visit the facility as often as is necessary to insure proper operation of the treatment system; the treatment
facility must be visited at least weekly
➢ Comply with all other conditions of 15A NCAC 08G.0204.
The ORC of each Class 11, 111 and IV facility (or the Back-up ORC, when acting as surrogate for the ORC) must:
9 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 tunes 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 Permtttee'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 Pernuttee 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
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(3) The Permit Issumg Authority may approve an anticipated bypass, after considering its adverse effects, if
the Permit Issuing Authority determmes that it will meet the three conditions listed above in Paragraph c.
(1) of this section
Upsets
a Effect of an upset [40 CFR 122.41(n)(2)]. An upset constitutes an affirmative defense to an action brought for
noncompliance with such technology based permit effluent limitations if the requirements of paragraph b of
this condition are met No determination made during administrative review of claims that noncompliance was
caused by upset, and before an action for noncompliance, is final administrative action subject to judicial
review
b. Conditions necessary for a demonstration of upset Any Pernnttee 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 Permitree can identify the cause(s) of the upset,
(2) The Penmttee facility was at the time being properly operated, and
(3) The Permittee submitted notice of the upset as required in Part H E 6.(b) of this permit.
(4) The Permittee complied with any remedial measures required under Part II.B.2. of this penmt.
c Burden of proof [40 CFR 122 41(n)(4)]: The Pernuttee seeking to establish the occurrence of an upset has
the burden of proof in any enforcement proceeding.
6. Removed Substances
Solids, sludges, filter backwash, or other pollutants removed in the course of treatment or control of wastewaters
shall be utilized/disposed of in accordance wrth NCGS 143-215 1 and in a manner such as to prevent any pollutant
from such materials from entering waters of the State or navigable waters of the United States except as permitted
by the Commission. The Permittee shall comply with all applicable state and Federal regulations governing the
disposal of sewage sludge, including 40 CFR 503, Standards for theUse 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 Perrmttee shall notify the Permit Issuing Authority of any significant change in its sludge use
or disposal practices
7 Power Failures
The Pernuttee 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 generatorg or retention of inadequately treated effluent
Section D. Monitoring and Records
Representative Sampling
Samples collected and measurements taken, as required herem, shall be representative of the permitted discharge
Samples collected at a frequency less than daily shall be taken on a day and time that is representative of the
discharge for the period the sample represents All samples shall be taken at the monitoring points specified in this
permit and, unless otherwise specified, before the effluentjoms or is diluted by any other wastestream, body of
water, or substance Monitoring points shall not be changed without notification to and the approval of the Permit
Issumg Authority [40 CFR 122 410)].
2 Reporting
Monitoring results obtained during the previous month(s) shall be summarized for each month and reported on a
monthly Discharge Monitoring Report (D1V1R) 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 perrmt or in the case of a new
facility, on the last day of the month following the commencement of discharge. Duplicate signed copies of these,
and all other reports required herem, shall be submitted to the following address.
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NC DENR / Division of Water Resources / Water Quality Permitting Section
ATTENTION. Central Files
1617 Mail Service Center
Raleigh, North Carolina 27699-1617
3 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 mmimum 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 penmt [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 penmt 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 Tampermg
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 penmt 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 pernut 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 mstrumentation
➢ copies of all reports required by this permit
copies of all data used to complete the application for this permit
These records or copies shall be maintained for a period of at least 3 years from the date of the sample,
measurement, report or application This period may be extended by request of the Director at any time [40 CFR
122.41].
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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
reports 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 Annual Performance Reports
Permittees who own or operate facilities that primarily collect or treat municipal or domestic wastewater and have
an average annual flow greater than 200,000 gallons per day 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 or 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 or fiscal year, depending upon which annual period is used for
evaluation.
The report shall be sent to:
NC DENR / Division of Water Resources / Water Quality Permitting Section
ATTENTION Central Files
1617 Mail Service Center
Raleigh, North Carolina 27699-1617
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PART III
OTHER REQUIREMENTS
Section A. Construction
a The Permittee shall not commence construction 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 alteration 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 perrmt issued for the discharge of the
industrial waste or 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 Monitoring
The Permittee shall, upon wntten notice from the Director, conduct groundwater monitoring as may be required to
determine the compliance of this NPDES permitted facility with the current groundwater standards.
Section C. Changes in Discharges of Toxic Substances
The Penmttee shall notify the Permit Issuing Authority 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 gg/L) for acrolein and acrylonitrile; five hundred micrograms per liter
(500 µg/L) for 2,4-dmitrophenol and for 2-methyl-4,6-dmitrophenol, and one nulligram 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 -routine 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 liter (500 µg/L);
(2) One milligram per liter (1 mg/L) for antimony,
(3) Ten tunes the maximum concentration value reported for that pollutant in the permit application.
Section D. 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 require specific measures during 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
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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, operations; 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, or non -discharge permit or prevents sewage sludge use or disposal in
compliance with specified applicable State and Federal statutes, regulations, or 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 treatment 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 process 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 permitted
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 (SIJ); 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)
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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 indirect discharger, regardless of the means of
transport, which would be subject to section 301 or 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
introduced into the POTW, and (2) any anticipated impact that may result from the change of the quantity or
quality of effluent to be discharged from the POTW.
Section C. Municipal Control of Pollutants from Industrial Users
1. Effluent limitations are listed in Part I of this permit. Other pollutants attributable to inputs from Industrial Users
discharging to the POTW may be present in the Permrttee's discharge. At such time as sufficient information
becomes available to establish lnmtations 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
standards
2 Prohibited Discharges
a The Permittee shall develop and enforce their Pretreatment Program to implement the prohibition against the
introduction of pollutants or discharges into the waste treatment system or waste collection system which
cause or contribute to Pass Through or Interference as defined in 15A NCAC 02H .0900 and 40 CFR 403 [40
CFR 403.5(a)(1)]
b The Permittee shall develop and enforce their Pretreatment Program to unplement 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 fire or explosion hazard in the POTW, including, but not lnnited to,
wastestreams with a closed cup flashpoint of less than 140 degrees Fahrenheit or 60 degrees Centigrade
using the test methods specified in 40 CFR 26121,
(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 discharges;
(3) Solid or viscous pollutants in amounts which cause obstruction to the flow in the POTW resulting in
Interference,
(4) Any pollutant, including oxygen demanding pollutants (BOD, etc ) released 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 products of nuneral 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 unpact the Permmttee'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 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 discharge, the
investigation into possible sources; the period of the discharge, including exact dates and tunes, if the
discharge has not ceased, the anticipated time it is expected to continue; and steps taken or planned to reduce,
eliminate, and prevent reoccurrence of the noncompliance,
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3 With regard to the effluent requirements listed in Part I of this pernut, it may be necessary for the Permittee to
supplement the requirements of the Federal Pretreatment Standards (40 CFR, Part 403) to ensure compliance by
the Permittee with all applicable effluent limitations Such actions by the Permittee may be necessary regarding
some or all of the industries dischargmg to the municipal system.
4 The Permittee shall require any Industrial User (ICT) discharging to the POTW to meet Federal Pretreatment
Standards developed under Section 307(b) of the Act as amended (which includes categorical standards and
specific local linuts, best management practices and narrative requirements) Prior to accepting wastewater from
any Significant Industrial User (SIU), the Permittee shall either develop and submit to the Division a new
Pretreatment Program or, as necessary, a modification of an existing Pretreatment Program, for approval as
required 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, revoked and reissued, to incorporate or modify an approved POTW
Pretreatment Program or to include a compliance schedule for the development of a POTW Pretreatment Program
as required under Section 402 (b)(8) of the CWA and implementing regulations or by the requirements of the
approved State pretreatment program, as appropriate
Section D. Pretreatment Programs
Under authority of sections 307 (b) and (c) and 402(b)(8) of the CWA and implementing regulations 40 CFR 403,
North Carolina General Statute 143-215.3(14) and implementing regulations 15A NCAC 02H .0900, and iff accordance
with the approved pretreatment program, all provisions and regulations contained and referenced in the pretreatment
program submittal are an enforceable part of this permit [40 CFR 122.440(2)]
The Pernnttee 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 subrmssion 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 H 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 Perrmttee shall maintain adequate legal authority to 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 Survey(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 Pmmttee 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 Momtoring 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 required by Parts II D and II E 5 ). [15A
NCAC 02H 0903(b)(16), .0906(b)(3) and 0905]
4. 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 subimt 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 Permittee 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 Pursuant to 40 CFR 403 5, local limits are
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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 (IUP) & Allocation Tables
In accordance with NCGS 143-215 1, the Permittee shall issue to all Significant Industrial Users, permits for
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 their 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 IUPs Permitted IUP loadings for each parameter cannot exceed the treatment 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)(iii),
NCGS 143-215 67(a)]
Authorization to Construct (AtQ
The Permittee shall ensure that an Authorization to Construct permit (AtC) is issued to all applicable Industrial
Users for the construction 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 capacity to comply with all
Industrial User Pretreatment Permit (IUP) limitations [15A NCAC 02H .0906(b)(7) and 0905, NCGS 143-
215 l(a)(8)]
7 POTW Inspection & Monitoring of their IUs
The Permittee shall conduct inspection, surveillance, and monitoring activities as described in its Division
approved pretreatment 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(f)(2)(v)] The
Permittee must.
a. Inspect all Significant Industrial Users (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 requirements in 40 CFR 403 3(v)(2), and either continue or revoke the designation as non-
significant
8 IU Self Monitoring and Reporting
The Permittee shall require all Industrial Users to comply with the applicable monitoring and reporting
requirements outlined in the Division -approved pretreatment program, the industry's pretreatment permit, or in 15A
NCAC 02H 0908. [15A NCAC 02H 0906(b)(5) and 0905, 40 CFR 403.8(f)(1)(v) and (2)(111), 40 CFR
122 440(2) and 40 CFR 403 12]
9. 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 Pretreatment 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
requirements 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
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NC DENR / Division of Water Resources / Water Quality Pernntting Section
Pretreatment, Emergency Response, and Collection Systems (PERCS) Unit
1617 Mail Service Center
Raleigh, North Carolina 27699-1617
These reports shall be submitted by March 1 of each year and shall contain the following
a Narrative
A narrative summary detailing actions taken, or proposed, by the Permittee to correct significant non-
compliance and to ensure compliance with pretreatment requirements,
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 lndustnal Users (IUs) in significant noncompliance (SNC) with pretreatment requirements, and the
nature of the violations on forms or in a format provided by the Division,
d Industrial Data Summary Forms (IDSF)
Monitoring data from samples collected by both the POTW and the Significant Industrial Users (SIUs) 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 enforcement compliance schedules, public notice of
IUs in SNC, a surmnary 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 perrmt,
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 penod [15A NCAC 02H .0903(b)(34), .0908(b)(5) and 0905 and 40 CFR
403 8(f)(2)(vm)]
12 Record Keeping
The Permittee shall retain for a mummum of three years records of monitoring activities and results, along with
support information includuig 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 including 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
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