Loading...
HomeMy WebLinkAboutNC0020737_Special Order By Consent_20171009Water Resources ENVIRONMENTAL OUALITY ROY COOPER Governor MICHAEL S. REGAN Secretary S. JAY ZIMMERMAN Du ector October 9, 2017 Mr. Ricky Duncan, Water Resource Director City of Kings Mountain PO Box 429 Kings Mountain, NC 28086 Subject: SPECIAL ORDER BY CONSENT (SOC) EMC SOC WQ S16-001 Ad I City of Kings Mountain- Pilot Creek WWTP NPDES No. NCO020737 Cleveland County Dear Mr. Duncan: The Division of Water Resources (DWR) hereby transmits for your review and signature two (2) copies of the Special Order by Consent (SOC or the Order). Please sign and return two (2) copies to: Attention: Derek Denard NCDEQ/DWR/Water Quality Permitting Section 1617 Mail Service Center Raleigh, North Carolina 27699-1617 Once the SOC has been signed, the Division will solicit public comment on this SOC by publishing a notice in newspapers having circulation in the general Cleveland County area, as required by the NPDES Program. Following the mandatory 30 -day public comment period, the Division will review all pertinent comments on the SOC, and take appropriate action prior to issuing the SOC. If you have questions, please contact the operations staff at DWR's Mooresville Regional Office at (704) 663-1699, or contact me in the central office, Derek Denard [derek.denard@ncdenr.gov] at (919) 807-6307. Sincerely, Derek C. Denard, Environmental Specialist Division of Water Resources, NCDEQ hc: Mooresville Regional Office w/attachments SOC Files w/attachments Central Files w/attachments ec: Ricky Duncan, City of Kings Mountain, Water Resource Director [rickyd@cityofkm.com] Richelle Meek, City of Kings Mountain, ORC/Pretreatment Coordinator [Richelle meek@cityofkm.com] State of North Carolina I Environmental Quality I Water Resources 1617 Mail service Center I Raleigh, North Carolina 27699-1617 919 807 6300 NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION COUNTY OF CLEVELAND IN THE MATTER OF ) NORTH CAROLINA ) SPECIAL ORDER BY CONSENT NPDES PERMIT NCO020737 ) EMC SOC WQ S16-001 Ad I HELD BY THE CITY OF KINGS MOUNTAIN) Pursuant to provisions of North Carolina General Statute (G.S.) 143-215.2 and G.S. 143-215.67, this Special Order by Consent is entered into by the City of Kings Mountain, hereinafter referred to as the City, and the North Carolina Environmental Management Commission, an agency of the State of North Carolina created by G.S. 143B-282, and hereinafter referred to as the Commission: 1. The City and the Commission hereby stipulate the following: (a) The City holds North Carolina NPDES Permit NCO020737 for operation of an existing wastewater treatment works and for making an outlet therefrom for treated wastewater to Buffalo Creek, Class C waters of this State in the Broad River Basin, but is unable to consistently comply with effluent thallium limitations as set forth in NPDES Permit NCO020737 due to the indirect discharge of thallium by a permitted significant industrial user. Compliance will require the City to provide appropriate oversight of its permitted industrial pretreatment program to ensure the significant industrial user implements the necessary corrective actions to comply with the industrial user's permitted thallium limits. (b) Noncompliance with final effluent limitations constitutes causing and contributing to pollution of the waters of this State named above, and the City is within the jurisdiction of the Commission as set forth in G.S. Chapter 143, Article 21. (c) Implementation of the City's industrial pretreatment program is authorized under the NPDES Permit NC0020737, including the authority to approve construction/repairs and/or improvements to the industrial user's wastewater treatment system, which, once implemented, will be sufficient to adequately treat wastewater presently being discharged to the City's collection system to the extent the City will be able to comply with final effluent permit limitations in NPDES Permit NC0020737. (d) Since this Special Order is by Consent, neither party will file a petition for a contested case or for judicial review concerning its terms. 2. The City, desiring to comply with the Permit identified in paragraph 1(a) above, hereby agrees to do the following: (a) Provide the Mooresville Regional Office of the North Carolina Division of Water Resources (DWR), located at 610 East Center Ave, Suite 301, Mooresville, NC 28115, with a list of all additions of flow (see paragraph 5) under the City's Special Order by Consent, and update this list each time flow is added to the collection system. City of Kings Mountain — Pilot Creek WWTP EMC SOC WQ S16-001 Ad I p. 2 (b) Undertake the following activities in accordance with the indicated time schedule: Scheduled Activity Due Date Prepare and issue modified SIU Permit March 31, 2016 (Met) Quarterly reports to be submitted by January 1, Submit Construction Status Reports April 1, July 1, and October 1, during each year the SOC is in effect, beginning July 1, 2016. Attain Compliance with NPDES permit limits May 31, 2020 (c) The City shall comply with all terms and conditions of NPDES Permit NCO020737 except those effluent limitations identified in paragraph 2(d) below. See Attachment A for all monitoring requirements and effluent limitations. The Permittee may also be required to monitor for other parameters as deemed necessary by the Director in future permits or administrative letters. (d) During the time in which this Special Order by Consent (SOC) is effective, the City shall comply with the interim effluent limitations contained in Attachment A unless modified below: Under this SOC, only the parameters listed below have been modified from the most current NPDES Permit NCO020737 in effect. Permit Limits Modified Limits (SOC) Parameters Mojj h Avg. Daily Max. Monthly Avg. Dail Thallium 1.43 gg/L 1.43 gg/L 60.1 gg/L No Limit (e) No later than thirty (30) calendar days after any date identified for accomplishment of any activity listed in 2(b) above, the City shall submit to the Water Quality Regional Operations Section Regional Supervisor for the Division of Water Resources' (DWR) Mooresville Regional Office written notice of compliance or noncompliance therewith. In the case of noncompliance, the notice shall include a statement of the reason(s) for noncompliance, remedial action(s) taken, and a statement identifying the extent to which subsequent dates or times for accomplishment of listed activities may be affected. The City agrees that unless excused under paragraph four (4), the City will pay the Director of DWR, by check payable to the North Carolina Department of Environmental Quality, according to the following schedule for failure to meet the deadlines set out in paragraphs 2(b) and 2(e), or failure to attain compliance with the effluent limitations/monitoring requirements contained in paragraph 2(d) and Attachment A. City of Kings Mountain — Pilot Creek WWTP EMC SOC WQ S16-001 Ad I p. 3 Violation Description Stipulated Penalty Failure to meet a scheduled date $100/day for first seven days; $500/day thereafter Failure to achieve compliance with NPDES $25,000.00 permit limits at final compliance deadline Failure to Submit Status Reports $50/day for first seven days; $100/day thereafter Failure to meet Thallium monthly average $1,500/month limit of 60.1 gg/L 4. The City and the Commission agree stipulated penalties are not due if the City satisfies to the Division of Water Resources that noncompliance was caused solely by: (a) An act of God; (b) An act of war; (c) An intentional act or omission of a third party but this defense shall not be available if the act or omission is that of an employee or agent of the defendant or if the act or omission occurs in connection with a contractual relationship with the Permittee; (d) An extraordinary event beyond the Permittee's control. Contractor delays or failure to obtain funding will not be considered as events beyond the Permittee's control; or (e) Any combination of the above causes. Failure within thirty (30) days of receipt of written demand to pay the penalties, or challenge them by a contested case petition pursuant to G.S. 150B-23, will be grounds for a collection action, which the Attorney General is hereby authorized to initiate. The only issue in such an action will be whether the thirty (30) days has elapsed. 5. In accordance with the provisions of G.S. 143-215.67(b) the Commission allows the City to accept 2.0 MGD of additional wastewater to its waste treatment system during the term of the SOC: The nature of the additional flows is such that the waste characteristics do not exceed those generally associated with domestic waste or are pretreated to domestic strengths. Waste of greater than normal domestic strength may be accepted if the parameter(s) that exceed normal domestic strength wastewater are not those for which interim limitations have been developed and it can be demonstrated to the satisfaction of the Director the additional waste will not adversely affect the treatment efficiency of the treatment system for any modified parameter or result in the violation of any other permit limitation. All new and proposed industrial waste tributary to the system must be controlled using all needed mechanisms including but not limited to adoption and implementation of industrial waste control and pretreatment ordinances. No wastewater can be accepted which will add toxic pollutants in quantities not generally associated with domestic wastewater characteristics, unless the acceptance of the additional wastewater can be supported through appropriate analyses acceptable to the Director. 6. This Special Order by Consent and any terms, conditions, and interim effluent limitations contained herein, hereby supersede any and all previous Special Orders, Enforcement Compliance Schedule Letters, terms, conditions, and lnnitations contained therein issued in connection with NPDES Permit NC0020737. In the event of an NPDES Permit modification or renewal, any effluent limitations or monitoring requirements contained therein shall supersede City of Kings Mountain — Pilot Creek WWTP EMC SOC WQ S16-001 Ad I p. 4 those contained in Attachment A of this Special Order by Consent, except as modified and contained in paragraph 2(d) above. 7. Any violation of the terms of this Special Order by Consent, including paragraphs 2(b), 2(c) and 2(d) above and Attachment A may, upon the discretion of the Director, terminate paragraph five (5) of this Order. 8. Noncompliance with the terms of this Special Order by Consent is subject to enforcement action in addition to the above stipulations, including injunctive relief pursuant to G.S. 143-215.6(C). 9. The Permittee, upon signature of this Special Order by Consent, will be expected to comply with all schedule dates, terms, and conditions of this document. 10. This Special Order by Consent shall expire August 31, 2020. For the City of Kings Mountain: Ricky C. Duncan, Water Resources Director Date For the North Carolina Environmental Management Commission: S. Jay Zimmerman, P.G., Director Division of Water Resources Date Attachment A WQ SOC S16-001 Ad I A. (1.) EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS - INTERIM During the period beginning on the effective date of the Special Order and lasting until May 31, 2020, the Permittee is authorized to discharge from outfall serial number 001. Such discharges shall be limited and monitored' by the Permittee as specified below: Footnotes and conditions are found on the next page. EFFLUENT LIMITS MONITORING REQUIREMENTS' EFFLUENT CHARACTERISTICS [PARAMETER CODES] Monthly Weekly Daily Measurement Sample Sample Sam P Average Average Maximum Frequency Type 2 Location Flow (MGD) 50050 6 0 MGD Continuous Recording I or E BOD, 5 day, 20 °C (mg/L) 3 C0310 28 0 mg/L 42.0 mg/L Daily Composite I & E (Apel 1 —October 31) BOD, 5 day, 20 °C (mg/L) g C0310 30 0 mg/L 45.0 mg/L Daily Composite I & E (November 1—March 31) Total Suspended Solids 3 C0530 30.0 mg/L 45 0 mg/L Daily Composite I & E (TSS) (mg/L) NH3 as N (mg/L) C0610 2 6 mg/L 7 8 mg/L Daily Composite E April 1— October 31 NH3 as N (mg/L) C0610 8 9 mg/L 26 7 mg/L Daily Composite E ovember 1— March 31 Dissolved Oxygen (mg/L) 4 00300 Daily Grab E Fecal Coliform (geometric 31616 200/100 mL 400/100 mL Daily Grab E mean) (#/100ml) Total Residual Chlorine 5 50060 28 µg/L Daily Grab E (TRC) (µg/L) pH (su) 00400 Between 6.0 — 9 0 Standard Units Daily Grab E Temperature (°C) 00010 Daily Grab E Total Nitrogen (TN) (mg/L) (NO2 + NO3 + TKN) C0600 Quarterly Composite E Total Phosphorus (mg/L) C0665 Quarterly Composite E Chronic Toxicity 6 TGP3B Quarterly Composite E Total Arsenic (µg/L) 01002 152 2 gg/L 184 2 gg/L Monthly Composite E Total Cyanide (gg/L) 00720 15 gg/L 59 1 gg/L Monthly Grab E Chlorides (mg/L) 00940 Quarterly Composite E Total Copper(µg/L) 01042 19 6 µg/L 19 6 gg/L Monthly Composite E Total Zinc (µg/L) 01092 152 2 gg/L 152.2 gg/L Monthly Composite E Total Thallium (Rg/L) 01059 60 1 µg/L Monthly Composite E Total Mercury (ng/L) 7 COMER 36 5 ng/L (Annual Average) Quarterly Grab E Priority Pollutant Scan NCO] See condition A (3) of this permit (yes = 1, no= 0) Dissolved Oxygen (mg/L) 00300 See Note 8 Grab U, D Temperature (°C) 00010 See Note 8 Grab U, D Conductivity (umhos/cm) 00094 See Note 8 Grab U, D Footnotes and conditions are found on the next page. Attachment A (page 2) WQ SOC 516-001 Ad I Footnotes: 1. The Permittee shall begin submitting Discharge Monitoring Reports electronically using NC DWR's eDMR application system. See Special Condition A. (5). 2. Sample Locations: I— Influent; E —Effluent; U — Upstream 100 yards above the outfall; D - Downstream at NCSR 1103. 3. The monthly average effluent BOD and TSS concentration shall not exceed 15% of the respective influent value (85% removal). 4. The daily average dissolved oxygen effluent concentration shall not be less than 5.0 mg/1. 5. The Division shall consider all effluent total residual chlorine values reported below 50 gg/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 gg/L. 6. Whole Effluent Toxicity shall be measured by the Chronic Toxicity (P/F) test using Ceriodaphnia dubia at 33%. Testing shall be conducted in January, April, July and October (see Part A. (2.)). Toxicant sampling shall coincide with toxicity sampling. 7. The annual average limit becomes effective January 1, 2019. The facility shall use method 1631E. 8. Instream samples shall be collected three times per week during the months of June — September and once per week during the remaining months of the year. Conditions: • There shall be no discharge of floating solids or visible foam in other than trace amounts. NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION COUNTY OF CLEVELAND IN THE MATTER OF ) NORTH CAROLINA ) SPECIAL ORDER BY CONSENT NPDES PERMIT NCO020737 ) EMC SOC WQ S16-001 Ad I HELD BY THE CITY OF KINGS MOUNTAIN) Pursuant to provisions of North Carolina General Statute (G.S.) 143-215.2 and G.S. 143-215.67, this Special Order by Consent is entered into by the City of Kings Mountain, hereinafter referred to as the City, and the North Carolina Environmental Management Commission, an agency of the State of North Carolina created by G.S. 143B-282, and hereinafter referred to as the Commission: The City and the Commission hereby stipulate the following: (a) The City holds North Carolina NPDES Permit NCO020737 for operation of an existing wastewater treatment works and for making an outlet therefrom for treated wastewater to Buffalo Creek, Class C waters of this State in the Broad River Basin, but is unable to consistently comply with effluent thallium limitations as set forth in NPDES Permit NCO020737 due to the indirect discharge of thallium by a permitted significant industrial user. Compliance will require the City to provide appropriate oversight of its permitted industrial pretreatment program to ensure the significant industrial user implements the necessary corrective actions to comply with the industrial user's permitted thallium limits. (b) Noncompliance with final effluent limitations constitutes causing and contributing to pollution of the waters of this State named above, and the City is within the jurisdiction of the Commission as set forth in G.S. Chapter 143, Article 21. (c) Implementation of the City's industrial pretreatment program is authorized under the NPDES Permit NC0020737, including the authority to approve construction/repairs and/or improvements to the industrial user's wastewater treatment system, which, once implemented, will be sufficient to adequately treat wastewater presently being discharged to the City's collection system to the extent the City will be able to comply with final effluent permit limitations in NPDES Permit NC0020737. (d) Since this Special Order is by Consent, neither party will file a petition for a contested case or for judicial review concerning its terms. 2. The City, desiring to comply with the Permit identified in paragraph 1(a) above, hereby agrees to do the following: (a) Provide the Mooresville Regional Office of the North Carolina Division of Water Resources (DWR), located at 610 East Center Ave, Suite 301, Mooresville, NC 28115, with a list of all additions of flow (see paragraph 5) under the City's Special Order by Consent, and update this list each time flow is added to the collection system. City of Kings Mountain — Pilot Creek WWTP EMC SOC WQ S16-001 Ad I p. 2 (b) Undertake the following activities in accordance with the indicated time schedule: Scheduled Activi Due Date Prepare and issue modified SIU Permit March 31, 2016 (Met) Quarterly reports to be submitted by January 1, Submit Construction Status Reports April 1, July 1, and October 1, during each year the SOC is in effect, beginning July 1, 2016. Attain Compliance with NPDES permit limits May 31, 2020 (c) The City shall comply with all terms and conditions of NPDES Permit NCO020737 except those effluent limitations identified in paragraph 2(d) below. See Attachment A for all monitoring requirements and effluent limitations. The Permittee may also be required to monitor for other parameters as deemed necessary by the Director in future permits or administrative letters. (d) During the time in which this Special Order by Consent (SOC) is effective, the City shall comply with the interim effluent limitations contained in Attachment A unless modified below: Under this SOC, only the parameters listed below have been modified from the most current NPDES Permit NCO020737 in effect. Permit Limits Modified Limits (SOC) Parameters Monthly Avg. Daily Max. Monthly Daily Max. Thallium 1.43 gg/L 1.43 gg/L 60.1 gg/L No Limit (e) No later than thirty (30) calendar days after any date identified for accomplishment of any activity listed in 2(b) above, the City shall submit to the Water Quality Regional Operations Section Regional Supervisor for the Division of Water Resources' (DWR) Mooresville Regional Office written notice of compliance or noncompliance therewith. In the case of noncompliance, the notice shall include a statement of the reason(s) for noncompliance, remedial action(s) taken, and a statement identifying the extent to which subsequent dates or times for accomplishment of listed activities may be affected. 3. The City agrees that unless excused under paragraph four (4), the City will pay the Director of DWR, by check payable to the North Carolina Department of Environmental Quality, according to the following schedule for failure to meet the deadlines set out in paragraphs 2(b) and 2(e), or failure to attain compliance with the effluent limitations/monitoring requirements contained in paragraph 2(d) and Attachment A. City of Kings Mountain — Pilot Creek WWTP EMC SOC WQ S16-001 Ad I p 3 Violation Description Stipulated Penalty Failure to meet a scheduled date $100/day for first seven days; $500/day thereafter Failure to achieve compliance with NPDES $25,000.00 permit limits at final compliance deadline Failure to Submit Status Reports $50/day for first seven days; $100/day thereafter Failure to meet Thallium monthly average $1,500/month limit of 60.1 µg/l, 4. The City and the Commission agree stipulated penalties are not due if the City satisfies to the Division of Water Resources that noncompliance was caused solely by: (a) An act of God; (b) An act of war; (c) An intentional act or omission of a third party but this defense shall not be available if the act or omission is that of an employee or agent of the defendant or if the act or omission occurs in connection with a contractual relationship with the Permittee; (d) An extraordinary event beyond the Permittee's control. Contractor delays or failure to obtain funding will not be considered as events beyond the Permittee's control; or (e) Any combination of the above causes. Failure within thirty (30) days of receipt of written demand to pay the penalties, or challenge them by a contested case petition pursuant to G.S. 150B-23, will be grounds for a collection action, which the Attorney General is hereby authorized to initiate. The only issue in such an action will be whether the thirty (30) days has elapsed. 5. In accordance with the provisions of G.S. 143-215.67(b) the Commission allows the City to accept 2.0 MGD of additional wastewater to its waste treatment system during the term of the SOC: The nature of the additional flows is such that the waste characteristics do not exceed those generally associated with domestic waste or are pretreated to domestic strengths. Waste of greater than normal domestic strength may be accepted if the parameter(s) that exceed normal domestic strength wastewater are not those for which interum limitations have been developed and it can be demonstrated to the satisfaction of the Director the additional waste will not adversely affect the treatment efficiency of the treatment system for any modified parameter or result in the violation of any other permit limitation. All new and proposed industrial waste tributary to the system must be controlled using all needed mechanisms including but not limited to adoption and implementation of industrial waste control and pretreatment ordinances. No wastewater can be accepted which will add toxic pollutants in quantities not generally associated with domestic wastewater characteristics, unless the acceptance of the additional wastewater can be supported through appropriate analyses acceptable to the Director. 6. This Special Order by Consent and any terms, conditions, and interim effluent limitations contained herein, hereby supersede any and all previous Special Orders, Enforcement Compliance Schedule Letters, terms, conditions, and limitations contained therein issued in connection with NPDES Permit NC0020737. In the event of an NPDES Permit modification or renewal, any effluent limitations or monitoring requirements contained therein shall supersede City of Kings Mountain — Pilot Creek WWTP EMC SOC WQ S16-001 Ad I p. 4 those contained in Attachment A of this Special Order by Consent, except as modified and contained in paragraph 2(d) above. 7. Any violation of the terms of this Special Order by Consent, including paragraphs 2(b), 2(c) and 2(d) above and Attachment A may, upon the discretion of the Director, terminate paragraph five (5) of this Order. 8. Noncompliance with the terms of this Special Order by Consent is subject to enforcement action in addition to the above stipulations, including injunctive relief pursuant to G.S. 143-215.6(C). 9. The Permittee, upon signature of this Special Order by Consent, will be expected to comply with all schedule dates, terms, and conditions of this document. 10. This Special Order by Consent shall expire August 31, 2020. For the City of Kings Mountain: Ricky C. Duncan, Water Resources Director ' Date For the North Carolina Environmental Management Commission: S. Jay Zimmerman, P.G., Director Division of Water Resources Date Attachment A WQ SOC S16-001 Ad I A. (1.) EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS - INTERIM During the period beginning on the effective date of the Special Order and lasting until May 31, 2020, the Permittee is authorized to discharge from outfall serial number 001. Such discharges shall be limited and monitored' by the Permittee as specified below: Footnotes and conditions are found on the next page. EFFLUENT LIMITS MONITORING REQUIREMENTS' EFFLUENT CHARACTERISTICS Monthly Weekly Daily Measurement Sample Sam le P [PARAMETER CODES] Average Average Maximum Frequency Type Location Flow (MGD) 50050 6 0 MGD Continuous Recording I or E BOD, 5 day, 20 °C (mg/L) 3 C0310 28 0 mg/L 42.0 mg/L Daily Composite I & E (Apel 1 —October 31) BOD, 5 day, 20 °C (mg/L) g C0310 30 0 mg/L 45 0 mg/L Daily Composite I & E (November 1—March 31) Total Suspended Solids 3 C0530 30 0 mg/L 45 0 mg/L Daily Composite I & E (TSS) (mg/L) NH3 as N (mg/L) C0610 2.6 mg/L 7 8 mg/L Daily Composite E (April 1 — October 31 NH3 as N (mg/L) C0610 8.9 mg/L 26.7 mg/L Daily Composite E ovember 1 — March 31 Dissolved Oxygen (mg/L) 4 00300 Daily Grab E Fecal Coliform (geometric 31616 200/100 mL 400/100 mL Daily Grab E mean) (#/100m1) Total Residual Chlorine 5 50060 28 gg/L Daily Grab E (TRC) (µg/L) pH (su) 00400 Between 6 0 — 9.0 Standard Units Daily Grab E Temperature (°C) 00010 Daily Grab E Total Nitrogen (TN) (mg/L) C0600 Quarterly Composite E (NO2 + NO3 + TKN) Total Phosphorus (mg/L) C0665 Quarterly Composite E Chronic Toxicity 6 TGP3B Quarterly Composite E Total Arsenic (µg/L) 01002 152.2 µg/L 184 2 µg/L Monthly Composite E Total Cyanide (µg/L) 00720 15 µg/L 59 1 µg/L Monthly Grab E Chlorides (mg/L) 00940 Quarterly Composite E Total Copper(µg/L) 01042 19 6 µg/L 19 6 µg/L Monthly Composite E Total Zinc (µg/L) 01092 152 2 µg/L 152 2 µg/L Monthly Composite E Total Thallium (gg/L) 01059 60 1 µg/L Monthly Composite E Total Mercury (ng/L) 7 COMER 36.5 ng/L (Annual Average) Quarterly Grab E Priority Pollutant Scan NCO] See condition A (3) of this permit (yes = 1, no= 0) Dissolved Oxygen (mg/L) 00300 See Note 8 Grab U, D Temperature (°C) 00010 See Note 8 Grab U, D Conductivity (umhos/cm) 1 00094 See Note 8 Grab U, D Footnotes and conditions are found on the next page. Attachment A (page 2) WQ SOC 516-001 Ad I Footnotes: 1. The Permittee shall begin submitting Discharge Monitoring Reports electronically using NC DWR's eDMR application system. See Special Condition A. (5). 2. Sample Locations: I— Influent; E —Effluent; U —Upstream 100 yards above the outfall; D - Downstream at NCSR 1103. 3. The monthly average effluent BOD and TSS concentration shall not exceed 15% of the respective influent value (85% removal). 4. The daily average dissolved oxygen effluent concentration shall not be less than 5.0 mg/l. 5. The Division shall consider all effluent total residual chlorine 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 gg/L. 6. Whole Effluent Toxicity shall be measured by the Chronic Toxicity (P/F) test using Ceriodaphnia dubia at 33%. Testing shall be conducted in January, April, July and October (see Part A. (2.)). Toxicant sampling shall coincide with toxicity sampling. 7. The annual average limit becomes effective January 1, 2019. The facility shall use method 1631E. 8. Instream samples shall be collected three times per week during the months of June — September and once per week during the remaining months of the year. Conditions: • There shall be no discharge of floating solids or visible foam in other than trace amounts.