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HomeMy WebLinkAboutNC0001422_Final Permit_20170929 (32)1+ ��7L .1 Wa ter R esources ENVIRONMENTAL QUALITY September 29, 2017 Mr. Paul Draovitch, Senior Vice President Environmental, Health and Safety Duke Energy Carolinas, LLC Mail Code EC13K P O Box 1006 Charlotte, North Carolina 28201-1006 ROY COOPER Governor MICHAEL S. REGAN Secretary S. JAY ZIMMERMAN Director Subject Issuance of NPDES Permit Permit NC0001422 L V. Sutton Energy Complex New Hanover County Facility Class I Dear Mr Draovitch. The Division of Water Resources is forwarding herewith the Final NPDES permit for L V Sutton Energy Complex. This permit renewal 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) A public hearing was held on June 22, 2017 in Wilmington seeking comments on the Draft permit This Final permit incorporates recommendations of the DWR Hearing Officer and EPA as well as other changes• • A separate effluent page for the dewatering of the New Ash Pond (Outfall 004) was added to the permit (Please see Special Condition A (5.)) • Limits for Total Copper were added to the permit based on the results of the Reasonable Potential Analysis (Outfall 001, Outfall 002, and Outfall 004) • Limits for Total Nickel were added to the permit based on the results of the Reasonable Potential Analysis (Outfall 001, Outfall 002, and Outfall 004) • Limits for Total Iron were removed from the permit based on the updates to the North Carolina standards (Outfall 001, Outfall 002, and Outfall 004) • Limits for Total Cadmium were removed from the permit based on the results of the Reasonable Potential Analysis (Outfall 00 1) • Limits for Total Lead were removed from the permit based on the results of the Reasonable Potential Analysis (Outfall 001 -normal operation) • Limits for Chlorides were added to the permit based on the results of the Reasonable Potential Analysis (Outfall 001 - dewatering) • Monitoring for Hexavalent Chromium was added to the permit based on the results of the Reasonable Potential Analysis (Outfall 001 - dewatering). • The daily maximum limit for Total Lead was increased based on the updates to the North Carolina standards (Outfall 001 - dewatering) • Limits for Total Mercury were removed from the permit based on the results of the Mercury Evaluation (Outfall 001 -normal operation, Outfall 002 -normal operation, Outfall 004 -normal operation) Nothing Compares,—. State of North Carolina I Environmental Quality I Water Resources 512 N Salisbury Street 1 1611 Mail Service Center I Raleigh, NC 27699-1611 919 7079000 • Limits for Total Arsenic, Total Copper, and Total Selenium were added to the permit based on the results of the Reasonable Potential Analysis (Outfall 008) • The Acute Toxicity monitoring frequency was reduced to Monthly (Outfall 002 and Outfall 004) to be consistent with other Duke permits. • The Special Conditions Fish Tissue Monitoring near Ash Pond Discharge and Clean Water Act Section 316(b) have been updated, please see A (19) and A (21.). • The Clean Water Act Section 316(a) Special Condition was added to the permit, please see A. (20.). • The Outfall 010 and 011 were added to the permit to accommodate discharges of stormwater from the future coal ash landfill • The Ash Pond Closure Special Condition was removed from the permit since the facility submitted Closure Plan in 2016 • The Biocide Special Condition was updated to be consistent with other Duke permits, please see A (18 ) • The compliance schedule for Total Copper limit, Total Arsenic Limit, and Total Selenium limit was added (Outfall 008), please see A. i29.). • The compliance schedule for Total Copper limit, and Total Nickel limit was added (Outfall 00 1) • The compliance boundary map was added to the permit If any parts, measurement frequencies, or sampling requirements contained in this permit are unacceptable to you, you have the right to an adjudicatory hearing upon written request within thirty (30) days following receipt of this letter. This request must be in the form of a written petition, conforming to Chapter 150B of the North Carolina General Statutes, and _fled with the office of Administrative Hearings, 6714 Mail Service Center, Raleigh, North Carolina 27699-6714 Unless such a demand is made, this permit shall be final and binding. Please take notice that this permit is not transferable except after notice to the Division of Water Resources The Division may require modification or revocation and reissuance of the permit. This permit does not affect the legal requirements to obtain other permits which may be required by the Division of Water Resources, the Division of Land Resources, the Coastal Area Management Act, or any other federal or local governmental permit If you have any questions on this permit, please contact Sergei Chernikov at 919-807-6386 Sincerely, ltiv� S. Jay 261merman, P.G. Director, Division of Water Resources Hardcopy Central Files, NPDES Files Wilmington Regional Office, Water Quality E -copy. US EPA, Region IV WSS/Aquatic Toxicology Branch WSS/Ecosystems Branch Nothing Compares_. State of North Carolina I Environmental Quality I Water Resources 512 N Salisbury Street 1 1611 Mad Service Center I Raleigh, NC 27699-1611 919 7079000 Permit NC0001422 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, Duke Energy Progress, LLC is hereby authorized to discharge wastewater from a facility located at the L. V. Sutton Energy Complex 801 Sutton Steam Plant Road, Wilmington New Hanover County to receiving waters designated as the Cape Fear River and Sutton Lake in the Cape Fear River Basin in accordance with the discharge limitations, monitoring requirements, compliance boundary map, and other applicable conditions set forth in Parts I, II, and III. This permit modification shall become effective October 1, 2017. This permit and the authorization to discharge shall expire at midnight on September 30, 2022. Signed this day September 29, 2017. S. J Zi merman P.G., Director Division of Water Resources By the Authority of the Environmental Management Commission Page 1 of 24 i Permit NC0001422 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. Duke Energy Progress, LLC is hereby authorized to: 1. Continue to discharge cooling water, low volume wastes, stormwater, and treated wastewater from internal wastewater outfalls 005, 006, 007, and 009 to the Effluent Channel, and internal stormwater outfalls SW001, SW002, SW003, SW004, SW005, SW006, and SWO07 to the Effluent Channel (the Effluent Channel discharges via external Outfall 008 to the Sutton Lake); ash pond discharge, groundwater, treated wastewater, landfill leachate, and stormwater runoff (Outfall 001, Outfall 002 and Outfall 004); Outfall 001 may also include cooling water from Outfall 008; at a facility located at Sutton Steam Electric Plant, 801 Sutton Steam Plant Road, Wilmington, New Hanover County, and 2. Discharge wastewater (via Outfall 002, Outfall 004, and Outfall 008) at the locations specified on the attached map into the Sutton Lake which is classified C -Swamp waters in the Cape Fear River Basin. 3. Discharge non -contact stormwater (via Outfall 010 - North Pond Emergency Spillway and Outfall 011 - South Pond Emergency Spillway) from landfill (after landfill is capped) at the locations specified on the attached map into the Sutton Lake which is classified C -Swamp waters in the Cape Fear River Basin. Discharge is only allowed for storm events that exceeds 25 -year 24-hour storm events. 4. Discharge treated wastewater, ash pond discharge, stormwater, landfill leachate, and groundwater (via Outfall 00 1) at' the location specified on the attached map into the Cape Fear River, classified C -Swamp waters in the Cape Fear River Basin. Page 2 of 24 Permit NC0001422 Part I A. (1.) EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS (Outfall 001 - normal operation/ decanting) [15A NCAC 0213 .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 to the Cape Fear River from Outfall 001 - removing the free water above the settled ash layer that does not involve mechanical disturbance of the ash (recirculation cooling water, non -contact cooling water, and treated wastewater from outfalls 002, and 004). Such discharges shall be limited and monitored6 by the Permittee as specified below: EFFLUENT CHARACTERISTICS LIMITS MONITORING REQUIREMENTS Monthly Average Daily Measurement Sample Sample Maximum Fre uenc a Location' Flow, MGD Daily Estimate or pump logs Effluent Tem erature1,2, OC Quarterly Grab U, D Tem erature2, OC Daily Grab Effluent H7 6.0 <_ H:5 9.0 Weekly Grab Effluent Oil and Grease 15.0 m L 20.0 m L Weekly Grab Effluent Total Suspended Solids, mg/L8 30.0 mg/L 100.0 mg/L Weekly Grab Effluent Total Nitrogen NO2 + NO3 + TKN , m L Weekly Grab Effluent Total Phosphorus, m L Weekly Grab Effluent Dissolved Oxygen, m L Weekly Grab Effluent Acute ToxiCjty3 Monthly Grab Effluent Total Mercury4 Weekly Grab Effluent Total Arsenic 10.0 µ L 50.0 µ L Weekly Grab Effluent Total Selenium 5.0 µg/L 56.0 µg/L Weekly Grab Effluent Total Iron, m L Weekly Grab Effluent Total Lead, pg L Weekly Grab Effluent Total Cadmium Weekly Grab Effluent Total Aluminum, m L Weekly Grab Effluent Total Co erg 7.88 L 10.47 L Weekly Grab Effluent Total Nickel9 25.0 L 335.2 L Weekly Grab Effluent Total Zinc, L Weekly Grab Effluent Turbidity5 Weekly Grab Effluent Total Hardness, m L WeeklyGrab Effluent Notes: 1. U: Upstream, 2700 feet above outfall (intake structure on the Cape Fear River). D: Downstream, 1.25 miles below outfall. Instream monitoring is provisionally waived in light of the permittee's participation in the Lower Cape Fear River Basin Association. Instream monitoring shall be conducted as stated in this permit should the permittee end its participation in the Association. 2. The receiving water's temperature shall not be increased by more than 2.8°C above ambient water temperature and in no case exceed 32°C, except in the mixing zone described as follows: Extending from the eastern shore to the centerline of the river and extending not more than 1.25 miles downstream nor more than 2700 feet from the point of discharge. The cross- sectional area of the mixing zone shall not exceed 9% of the total cross sectional area of the river at the point of discharge nor 2.5% at the mouth of Toomer's Creek. 3. Acute Toxicity Limit (Fathead Minnow, 24 hour at 90%); Part I, Condition A. (13.). 4. The facility shall use EPA method 1631E. 5. The discharge from this facility shall not cause turbidity in the receiving stream to exceed 50 NTU. If the instream turbidity exceeds 50 NTU due to natural background conditions, the discharge cannot cause turbidity to increase in the receiving stream. Page 3 of 24 Permit NC0001422 6. The permittee shall submit Discharge Monitoring Reports electronically using NC DWR's eDMR application system. Please See Special Condition A. (25.). 7. The facility shall continuously monitor pH when the decanting process commences (and the pump is operating) and the decanting pump shall be shutoff automatically when 15 minutes running average pH falls below 6.1 standard units or rises above 8.9 standard units. Pumping will be allowed to continue if interruption might result in a dam failure or damage. 8. The facility shall continuously monitor TSS concentration when the decanting process commences (and the pump is operating) and the decanting pump shall be shutoff automatically when the one half of the Daily Maximum limit (15 minutes average) is exceeded. Pumping will be allowed to continue if interruption might result in a dam failure or damage. 9. The limits will become effective 36 months from the permit effective date. Please see Special Condition A. (30.). There shall be no discharge of floating solids or visible foam in other than trace amounts. The level of water in the ash pond should not be lowered more than 1 ft/week, unless approved by the DEQ Dam Safety Program. The facility shall use a floating pump suction pipe with free water skimmed from the basin surface using an adjustable weir. The facility is allowed to drawdown the wastewater in the ash pond to no less than three feet above the ash. When the facility commences the ash pond/ponds decommissioning process, the facility shall treat the wastewater discharged from the ash pond/ponds using the physical -chemical treatment facilities. No later than August 1, 2019 separate the discharge of treated wastewaters from the discharge of waters from Sutton Lake. Treated wastewaters include wastewaters from the ash pond discharge, groundwater extraction, landfill leachate, stormwater runoff, and any additional wastewaters from Outfalls 002 and 004. Treated wastewaters shall continue to be discharged through Outfall 001 and subject to the Effluent Limitations and Monitoring Requirements in Section A. (1.) Page 4 of 24 Permit NC0001422 A. (2.) EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS (Outfall 001 -dewatering phase) [15A NCAC 02B .0400 et seq., 02B .0500 et seq.] During the period beginning on the commencement date of the dewatering operation and lasting until expiration, the Permittee is authorized to discharge to the Cape Fear River from Outfall 001 Dewatering -removing the interstitial water/ash pore water (recirculation cooling water, non - contact cooling water, and treated wastewater from outfalls 002, and 004). Such discharges shall be limited and monitored6 by the Permittee ass ecified below: EFFLUENT CHARACTERISTICS LIMITS MONITORING REQUIREMENTS Monthly Average Daily Measurement Sample Sample Maximum Frequency Type Location' Flow 2.1 MGD (applies only to ash and discharge) Daily Estimate or pump logs Effluent Flow Daily Estimate or pump logs Effluent Tem eraturel,2, OC Quarterly Grab U, D Tem erature2, OC Daily Grab Effluent H9 6.0 5 pH:5 9.0 Daily Daily Effluent Oil and Grease 15.0 m L 20.0 m L Weekly Grab Effluent Total Suspended Solids mg/L10 30.0 mg/L 100.0 mg/L Weekly Grab Effluent Total Nitrogen NO2 + NO3 + TKN , m L Weekly Grab Effluent Total Phosphorus, m L Weekly Grab Effluent Dissolved Oxygen, m L Weekly Grab Effluent Total Chlorides? 230.0 m L 230.0 m L Weekly Grab Effluent Acute ToXjCjty3 Monthly Grab Effluent Total Iron, m L Weekly Grab Effluent Total Cadmium,µ L Weekly Grab Effluent Chromium , µ L Weekly Grab Effluent Total Aluminum 8.0 m L 8.0 m L Weekly Grab Effluent Total Nickel$ 25.0 L 335.2 L Weekly Grab Effluent Total Lead 2.94 µ L 75.4 µ L Weekly Grab Effluent Total Arsenic 10.0 µ L 50.0 µ L Weekly Grab Effluent Total Selenium 5.0 µ L 56.0 µ L Weekly Grab Effluent Total MercUry4 47.0 n L Weekly Grab Effluent Total Copper, pg/L8 7.88 µ L 10.47 µ L Weekly Grab Effluent Total Zinc, µ L Weekly Grab Effluent Turbidrt 5 Weekly Grab Effluent Total Hardness, m L Weekly Grab Effluent Notes: 1. U: Upstream, 2700 feet above outfall (intake structure on the Cape Fear River). D: Downstream, 1.25 miles below outfall. Instream monitoring is provisionally waived in light of the permittee's participation in the Lower Cape Fear River Basin Association. Instream monitoring shall be conducted as stated in this permit should the permittee end its participation in the Association. 2. The receiving water's temperature shall not be increased by more than 2.8°C above ambient water temperature and in no case exceed 32°C, except in the mixing zone described as follows: Extending from the eastern shore to the centerline of the river and extending not more than 1.25 miles downstream nor more than 2700 feet from the point of discharge. The cross- sectional area of the mixing zone shall not exceed 9% of the total cross sectional area of the river at the point of discharge nor 2.5% at the mouth of Toomer's Creek. 3. Acute Toxicity Limit (Fathead Minnow, 24 hour at 90%); Part I, Condition A. (13.). 4. The facility shall use EPA method 1631E, this is an annual average limit. Page 5 of 24 Permit NC0001422 5. The discharge from this facility shall not cause turbidity in the receiving stream to exceed 50 NTU. If the instream turbidity exceeds 50 NTU due to natural background conditions, the discharge cannot cause turbidity to increase in the receiving stream. 6. The permittee shall submit Discharge Monitoring Reports electronically using NC DWR's eDMR application system. Please See Special Condition A. (25.). 7. The discharge from this facility shall not cause the Chlorides level in the receiving stream to exceed 230 mg/L. If the Chlorides level exceeds 230 mg/L due to natural background conditions, the discharge cannot cause Chlorides to increase in the receiving stream. 8. The limits will become effective 36 months from the permit effective date. Please see Special Condition A. (30.). 9. The facility shall continuously monitor pH when the decanting process commences (and the pump is operating) and the decanting pump shall be shutoff automatically when 15 minutes running average pH falls below 6.1 standard units or rises above 8.9 standard units. Pumping will be allowed to continue if interruption might result in a dam failure or damage. 10. The facility shall continuously monitor TSS concentration when the decanting process commences (and the pump is operating) and the decanting pump shall be shutoff automatically when the one half of the Daily Maximum limit (15 minutes average) is exceeded. Pumping will be allowed to continue if interruption might result in a dam failure or damage. There shall be no discharge of floating solids or visible foam in other than trace amounts. The level of water in the ash pond should not be lowered more than 1 ft/week, unless approved by the DEQ Dam Safety Program. When the facility commences the ash pond/ponds decommissioning process, the facility shall treat the wastewater discharged from the ash pond/ponds using the physical -chemical treatment facilities. Discharge to Sutton Lake during dewatering is not authorized. No later than August 1, 2019 separate the discharge of treated wastewaters from the discharge of waters from Sutton Lake. Treated wastewaters include wastewaters from the ash pond discharge, groundwater extraction, landfill leachate, stormwater runoff, and any additional wastewaters from Outfalls 002 and 004. Treated wastewaters shall continue to be discharged through Outfall 001 and subject to the Effluent Limitations and Monitoring Requirements in Section A. (2.) Page 6 of 24 Permit NC0001422 A. (3.) EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS (Outfall 002 -normal operation) [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 to Sutton Lake and/or to the 1984 ash pond from Outfall 002 - removal of free water above the settled ash layer that does not involve mechanical disturbance of the ash (Old Ash Pond - low volume wastes, ash sluice water, and stormwater runoff). Such discharges to Sutton Lake shall be limited and monitored3 by the Permittee as specified below: EFFLUENT CHARACTERISTICS LIMITS MONITORING REQUIREMENTS Monthly Daily Average I Maximum Measurement Sample Sample Location Frequency Type Flow, MGD Weekly Pump Logs or similar Effluent Temperature, OC4 Weekly Grab Effluent Oil and Grease 15.0 mg/L 20.0 mg/L Weekly Grab Effluent Total Suspended Solids 30.0 mg/L 100.0 mg/L Weekly Grab Effluent H 6.0:5 pH <- 9.0 Weekly Grab Effluent Total Copper 7.88 µ L 10.47 µ L Weekly Grab Effluent Total Zinc, µ L Weekly Grab Effluent Total Arsenic 10.0 µg/L 50.0 µg/L Weekly Grab Effluent Total Selenium 5.0 µg/L 56.0 µg/L Weekly Grab Effluent Total Mercury 1 Weekly Grab Effluent Total Iron, m L Weekly Grab Effluent Total Nickel 25.0 µ L 335.2 µ L Weekly Grab Effluent Total Aluminum, m L Weekly Grab Effluent Acute Toxicity 2 Monthly Grab Effluent Notes: 1. The facility shall use EPA method 1631E. 2. Acute Toxicity Limit (Fathead Minnow, 24 hour at 90%); Part I, Condition A. (13.). 3. The permittee shall submit Discharge Monitoring Reports electronically using NC DWR's eDMR application system. Please See Special Condition A. (25.). 4. The receiving water's temperature shall not be increased by more than 2.8°C above ambient water temperature and in no case exceed 32°C. The level of water in the ash pond should not be lowered more than 1 ft/week, unless approved by the DEQ Dam Safety Program. The facility shall use a floating pump suction pipe with free water skimmed from the basin surface using an adjustable weir. There shall be no discharge of floating solids or visible foam in other than trace amounts. Page 7 of 24 Permit NC0001422 A. (4.) EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS (Outfall 004 -normal operation/ decanting) [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 to Sutton Lake and/or to Outfall 001 from Outfall 004 - removal of free water above the settled ash layer that does not involve mechanical disturbance of the ash (1984 New Ash Pond - ash sluice water, groundwater, landfill leachate, low volume wastes, and stormwater runoff). Such discharges to Sutton Lake shall be limited and monitored3 by the Permittee as specified below: EFFLUENT CHARACTERISTICS LIMITS MONITORING REQUIREMENTS Monthly Daily Average Maximum Measurement Sample Frequency a Sample Location Flow, MGD Weekly Pump Logs or similar Effluent Temperature, OC Weekly Grab Effluent Oil and Grease 15.0 m L 20.0 m L Weekly Grab Effluent Total Suspended Solids4 30.0 mg/L 100.0 mg/L Weekly Grab Effluent H5 6.0 s H 5 9.0 Weekly Grab Effluent Total Copper 7.88 µ L 10.47 µ L Weekly Grab Effluent Total Zinc, µ L Weekly Grab Effluent Total Arsenic 10.0 µ L 50.0 µ L Weekly Grab Effluent Total Selenium 5.0 µ L 56.0 µ L Weekly Grab Effluent Total MercuryI Weekly Grab Effluent Total Iron, m L Weekly Grab Effluent Total Nickel 25.0 µ L 335.2 µ L Weekly Grab Effluent Total Aluminum, m L Weekly Grab Effluent Acute Toxicity 2 Monthly Grab Effluent Notes: 1. The facility shall use EPA method 1631E. 2. Acute Toxicity Limit (Fathead Minnow, 24 hour at 90%); Part I, Condition A. (13). 3. The permittee shall submit Discharge Monitoring Reports electronically using NC DWR's eDMR application system. Please See Special Condition A. (25.). 4. The facility shall continuously monitor TSS concentration when the dewatering process commences (and the pump is operating) and the dewatering pump shall be shutoff automatically when the one half of the Daily Maximum limit (15 minutes average) is exceeded. Pumping will be allowed to continue if interruption might result in a dam failure or damage. 5. The facility shall continuously monitor pH when the dewatering process commences (and the pump is operating) and the dewatering pump shall be shutoff automatically when 15 minutes running average pH falls below 6.1 standard units or rises above 8.9 standard units. Pumping will be allowed to continue if interruption might result in a dam failure or damage. There shall be no discharge of floating solids or visible foam in other than trace amounts. The level of water in the ash pond should not be lowered more than 1 ft/week, unless approved by the DEQ Dam Safety Program. The facility shall use a floating pump suction pipe with free water skimmed from the basin surface using an adjustable weir. The facility is allowed to drawdown the wastewater in the ash pond to no less than three feet above the ash. When the facility commences the ash pond/ponds decommissioning process, the facility shall treat the wastewater discharged from the ash pond/ponds using the physical -chemical treatment facilities. Page 8 of 24 Permit NC0001422 8. The limits will become effective 36 months from the permit effective date. Please see Special Condition A. (30.). There shall be no discharge of floating solids or visible foam in other than trace amounts. The level of water in the ash pond should not be lowered more than 1 ft/week, unless approved by the DEQ Dam Safety Program. The facility shall use a floating pump suction pipe with free water skimmed from the basin surface using an adjustable weir. When the facility commences the ash pond/ponds decommissioning process, the facility shall treat the wastewater discharged from the ash pond/ponds using the physical -chemical treatment facilities. A. (6.) EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS (Outfall 005) [15A NCAC 02B .0400 et seq., 02B .0500 et seq.] Beginning with the commencement of this discharge and lasting until expiration, the Permittee is authorized to discharge from Internal Outfall 005 (Combined Cycle Plant - ultrafilter water treatment system filter backwash, closed cooling water cooler blowdown, Reverse Osmosis/Electrodeionization system reject wastewater, and other low volume wastewater) to the Effluent Channel. Such discharges shall be limited and monitored' by the Permittee as specified below: EFFLUENT CHARACTERISTICS EFFLUENT LIMITATIONS MONITORING REQUIREMENTS Monthly Average Daily Maximum Measurement Frequency Sample Type Sample Location Flow, MGD Daily Pump Logs or similar Influent or Effluent Oil and Grease 15.0 mg/L 20.0 mg/L 2/Month Grab Effluent Total Suspended Solids 30.0 mg/L 100.0 mg/L 2/Month Grab Effluent pH 6.0 < pH < 9.0 2/Month Grab Effluent Notes: 1.. The permittee shall submit Discharge Monitoring Reports electronically using NC DWR's eDMR application system. Please See Special Condition A. (25.). There shall be no discharge of floating solids or visible foam in other than trace amounts. Page 10 of 24 Permit NC0001422 A. (5.) EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS (Outfall 004 -dewatering phase) [15A NCAC 02B .0400 et seq., 02B .0500 et seq.] During the period beginning on the commencement date of the dewatering operation and lasting until expiration, the Permittee is authorized to discharge to Outfall 001 from Outfall 004 Dewatering -removing the interstitial water/ash pore water (1984 New Ash Pond - ash sluice water, groundwater, landfill leachate, low volume wastes, and stormwater runoff). Such discharges shall be limited and monitored5 at Outfall 001 b the Permittee asspecified below: EFFLUENT CHARACTERISTICS LIMITS MONITORING REQUIREMENTS Monthly Avera a Daily Measurement Sample Sample Maximum Frequency Type Location Flow 2.1 MGD (apphes only to ash pond discharge) Daily Estimate or pump logs Effluent Temperature, OCi Weekly Grab Effluent H7 6.0:5 pH 5 9.0 Daily Daily Effluent Oil and Grease 15.0 m L 20.0 m L Weekly Grab Effluent Total Suspended Solids mg/L6 30.0 mg/L 100.0 mg/L Weekly Grab Effluent Total Nitrogen NO2 + NO3 + TKN , m L Weekly Grab Effluent Total Phosphorus, m L Weekly Grab Effluent Dissolved Oxygen, m L Weekly Grab Effluent Total Chlorides 230.0 m L 230.0 m L Acute ToXicity2 Monthly Grab Effluent Total Iron, m L Weekly Grab Effluent Total Cadmium,µ L Weekly Grab Effluent Chromium (VI), µ L Weekly Grab Effluent Total Aluminum 8.0 m L 8.0 m L Weekly Grab Effluent Total Nickel$ 25.0 L 335.2 L Weekly Grab Effluent Total Lead 2.94 µ L 75.4 µ L Weekly Grab Effluent Total Arsenic 10.0 µ L 50.0 µ L Weekly Grab Effluent Total Selenium 5.0 µ L 56.0 µ L Weekly Grab Effluent Total Mercury -3 47. n L Weekly Grab Effluent Total Copper8 7.88 µ L 10.47 µ L Weekly Grab Effluent Total Zinc, µ L Weekl Grab Effluent Turbidity4 Weekly Grab Effluent Notes• 1. The receiving water's temperature shall not be increased by more than 2.8°C above ambient water temperature and in no case exceed 32°C. 2. Acute Toxicity Limit (Fathead Minnow, 24 hour at 90%); Part I, Condition A. (13 ) 3. The facility shall use EPA method 1631E, this is an annual average limit. 4. The discharge from this facility shall not cause turbidity in the receiving stream to exceed 50 NTU. If the instream turbidity exceeds 50 NTU due to natural background conditions, the discharge cannot cause turbidity to increase in the receiving stream. 5. The permittee shall submit Discharge Monitoring Reports electronically using NC DWR's eDMR application system. Please See Special Condition A. (25.). 6. The facility shall continuously monitor TSS concentration when the dewatering process commences (and the pump is operating) and the dewatering pump shall be shutoff automatically when the one half of the Daily Maximum limit (15 minutes average) is exceeded. Pumping will be allowed to continue if interruption might result in a dam failure or damage. 7. The facility shall continuously monitor pH when the dewatering process commences (and the pump is operating) and the dewatermg pump shall be shutoff automatically when 15 minutes running average pH falls below 6.1 standard units or rises above 8.9 standard units. Pumping will be allowed to continue if interruption might result in a dam failure or damage. Page 9 of 24 Permit NC0001422 A. (7.) EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS (Outfall 006) [15A NCAC 02B.0400 et seq., 0213 .0500 et seq.] Beginning with the commencement of this discharge and lasting until expiration, the Permittee is authorized to discharge from Internal Outfall 006 (Combined Cycle Plant - low volume wastewater including the Heat Recovery Steam generator blowdown and auxiliary boiler blowdown) to the Effluent Channel. Such discharges shall be limited and monitored' by the Permittee as specified below: EFFLUENT CHARACTERISTICS EFFLUENT LIMITATIONS MONITORING REQUIREMENTS Monthly Average Daily Maximum Measurement Frequency Sample Type Sample Location Flow, MGD Sample Sample Daily Pump Logs or similar Influent or Effluent Oil and Grease 15.0 mg/L 20.0 mg/L 2/Month Grab Effluent Total Suspended Solids 30.0 mg/L 100.0 mg/L 2/Month Grab Effluent pH 6.0 < pH < 9.0 2/Month Grab Effluent Notes: 1.. The permittee shall submit Discharge Monitoring Reports electronically using NC DWR's eDMR application system. Please See Special Condition A. (25.). There shall be no discharge of floating solids or visible foam in other than trace amounts. A. (8.) EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS (Outfall 007) [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 Internal Outfall 009(stormwater flows from the closure activities for coal-fired units, separate from stormwater outfalls SWO01 through SWO07) to the Effluent Channel. Such discharges shall be limited and monitored2 by the Permittee as specified below: EFFLUENT LIMITS MONITORING REQUIREMENTS CHARACTERISTICS Monthly Daily Measurement Sample Sample Average Maximum Frequency a Location Flow, MGD Weekly Pump Logs Effluent or similar Oil and Grease 15.0 m L 20.0 m L Monthly Grab Effluent Total Suspended 30.0 mg/L 100.0 mg/L Monthly Grab Effluent Solids Total Arsenic, µ L Quarterly Grab Effluent Total Selenium, µ L Quarterly Grab Effluent Nitrate/nitrite as N, Quarterly Grab Effluent m L Total Mercury', ng/L Quarterly Grab Effluent Notes: 1. The facility shall use EPA method 1631E. 2. The permittee shall submit Discharge Monitoring Reports electronically using NC DWR's eDMR application system. Please See Special Condition A. (25.). There shall be no discharge of floating solids or visible foam in other than trace amounts. Page 11 of 24 Permit NC0001422 A. (9.) EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS (Outfall 009) [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 Internal Outfall 009 (low volume wastes from a new simple cycle combustion turbine) to the Effluent Channel. Such discharges shall be limited and monitored' by the Permittee as specified below: EFFLUENT LIMITS MONITORING REQUIREMENTS CHARACTERISTICS Measurement Sample Type Sample Frequency Location' Flow, MGD Monthly Daily Measurement Sample Sample Effluent Average Maximum Frequency a Location Flow, MGD Instantaneous Effluent Weekly Pump Logs Effluent Daily Grab or similar Oil and Grease Oil and Grease 15.0 m L 20.0 m L Monthly Grab Effluent Total Suspended 30.0 mg/L 100.0 mg/L Monthly Grab Effluent Solids Grab Effluent Total Nitrogen NO2 + NO3 + TKN , m L pH 6.0 < pH < 9.0 2/Month Grab Effluent Notes•. 1.The permittee shall submit Discharge Monitoring Reports electronically using NC DWR's eDMR application system. Please See Special Condition A. (25.). There shall be no discharge of floating solids or visible foam in other than trace amounts. A. (10.) EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS (Outfall 008)5 [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 to Sutton Lake from Outfall 008 (from internal wastewater outfalls 005, 006, 007, and 009, and internal stormwater outfalls SWO01 through SW007). Such discharges shall be limited and monitored6 by the Permittee asspecified below: EFFLUENT CHARACTERISTICS LIMITS MONITORING REQUIREMENTS Monthly Daily Average Maximum Measurement Sample Type Sample Frequency Location' Flow, MGD Daily Estimate or pump logs Effluent Temperature °C Daily Instantaneous Effluent Temperature 1,2, OC Daily Grab Instream Oil and Grease 15.0 m L 20.0 m L Monthly Grab Effluent Total Suspended Solids 30.0 m L 100.0 m L Monthly Grab Effluent Total Nitrogen NO2 + NO3 + TKN , m L Monthly Grab Effluent Dissolved Oxygen, m L Monthly Grab Effluent H 6.0:5 H!5 9.0 Daily Grab Effluent Total Phosphorus, m L Monthly Grab Effluent Acute ToxiCjty3 Quarterly Grab Effluent Total Mercu 4, n L Quarterly Grab Effluent Total Arsenlc7 10.0 µ L 50.0 µ L Quarterly Grab Effluent Total Selenium? 5.0 µ L 56.0 µ L Quarterly Grab Effluent Total Co er7 7.88 µ L 10.47 µ L Quarterly Grab Effluent Total Zinc, µ L Quarterly Grab Effluent Notes: 1.. Instream: 1000 feet from outfall. Page 12 of 24 Permit NC0001422 2. The receiving water's temperature shall not be increased by more than 2.8°C above ambient water temperature and in no case exceed 32°C. The limit is not being implemented until further notice (Please see A. (20.)). 3. Acute Toxicity Limit (Fathead Minnow, 24 hour at 90%); Part I, Condition A. (23.). 4. The facility shall use EPA method 1631E. 5. The facility shall install a screen or a barrier at the end of the Effluent Channel to minimize fish migration into the Channel. The screen/barrier shall be installed by July 1, 2017. 6. The permittee shall submit Discharge Monitoring Reports electronically using NC DWR's eDMR application system. Please See Special Condition A. (25.). 7. The limits become effective 36 months from the effective date of the permit (Please see A. (29.)). There shall be no discharge of floating solids or visible foam in other than trace amounts. A. (11.) EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS (Outfall 010) [15A NCAC 02B .0400 et seq., 02B .0500 et seq.] During the period beginning on the effective date of this permit and lasting until expiration, the Permittee is authorized to discharge non -contact stormwater from Outfall 010 - the North Pond Emergency Spillway of the capped landfill. Such discharges shall be limited and monitored' by the Permittee asspecified below: EFFLUENT CHARACTERISTICS LIMITS MONITORING REQUIREMENTS Monthly Average Daily Measurement Sample Sample Maximum Frequency a Location Flow, MGD Per discharge event Per discharge event Estimate Effluent H 6.0:5 pH <_ 9.0 Per discharge event Grab Effluent Oil and Grease 15.0 m L 20.0 m L Per discharge event Grab Effluent TSS 30.0 m L 100.0 m L Per discharge event Grab Effluent 1. The permittee shall submit Discharge Monitoring Reports electronically using NC DWR's eDMR application system. Please See Special Condition A. (25.). Discharge is only allowed for storm events that exceeds 25 -year 24-hour storm events. A. (12.) EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS (Outfall 011) [15A NCAC 02B.0400 et seq., 02B.0500 et seq.] During the period beginning on the effective date of this permit and lasting until expiration, the Permittee is authorized to discharge non -contact stormwater from Outfall 011 - the South Pond Emergency Spillway of the capped landfill. Such discharges shall be limited and monitored' by the Permittee as specified below - EFFLUENT CHARACTERISTICS LIMITS MONITORING REQUIREMENTS Monthly Daily Measurement Sample Sample Average Maximum Frequency a Location Flow, MGD Per discharge event Estimate Effluent H 6.0<_ pH <_ 9.0 Per discharge event Grab Effluent Oil and Grease 15.0 m L 20.0 m L Per discharge event Grab Effluent TSS 30.0 m L 100.0 m L Per discharge event Grab Effluent 1. The permittee shall submit Discharge Monitoring Reports electronically using NC DWR's eDMR application system. Please See Special Condition A. (25.). Discharge is only allowed for storm events that exceeds 25 -year 24-hour storm events. Page 13 of 24 Permit NC0001422 A. (13.) ACUTE TOXICITY LIMIT (MONTHLY)- OUTFALLS 001, 002, and 004. [15A NCAC 02B .0200 et seq.] The permittee shall conduct acute toxicity tests on a monthlu basis using protocols defined in the North Carolina Procedure Document entitled "Pass/Fail Methodology For Determining Acute Toxicity In A Single Effluent Concentration' (Revised -July, 1992 or subsequent versions). The monitoring shall be performed as a Fathead Minnow (Flmephales promelas) 24 hour static test. The effluent concentration at which there maybe at no time significant acute mortality is 90% (defined as treatment two in the procedure document). Effluent samples for self-monitoring purposes must be obtained during representative effluent discharge below all waste treatment. 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 TGE6C. Additionally, DWR Form AT -2 (original) is to be sent to the following address: Attention: North Carolina Division of Water Resources Water Sciences Secton/Aquatic Toxicology Branch 1621 Mail Service Center Raleigh, North Carolina 27699-1621 Completed Aquatic Toxicity Test Forms shall be filed with the Water Sciences Section no later than 30 days after the end of the reporting period for which the report is made. Test data shall be complete and accurate and include all supporting chemical/ physical measurements performed in association with the toxicity tests, as well as all dose/response data. Total residual chlorine of the effluent toxicity sample must be measured and reported if chlorine is employed for disinfection of the waste stream. Should there be no discharge of flow from the facility during a month in which toxicity monitoring is required, the permittee will complete the information located at the top of the aquatic toxicity (AT) test form indicating the facility name, permit number, pipe number, county, and the month/year of the report with the notation of "No Flow' in the comment area of the form. The report shall be submitted to the Water Sciences Section at the address cited above. Should 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. A. (14.) STRUCTURAL INTEGRITY INSPECTIONS OF ASH POND DAMS The facility shall meet the dam design and dam safety requirements per 15A NCAC 2K. A. (15.) BEST MANAGEMENT PRACTICES PLAN The Permittee shall continue to implement a Best Management Practices (BMP) Plan to control the discharge of oils and the hazardous and toxic substances listed in 40 CFR, Part 117 and Tables II and III of Appendix D to 40 CFR, Part 122, and shall maintain the Plan at the plant site and shall be available for inspection by EPA and DWR personnel. A. (16.) INTAKE SCREEN BACKWASH Continued intake screen backwash discharge is permitted without limitations or monitoring requirements. Page 14 of 24 Permit NC0001422 A. (17.) NO DISCHARGE OF PCBs As specified by 40 CFR 423.13 (a), there shall be no discharge of polychlorinated biphenyl compounds such as those commonly used for transformer fluid. A. (18.) BIOCIDE CONDITION The permittee shall not use any biocides except those approved in conjunction with the permit application. The permittee shall notify the Director in writing not later than ninety (90) days prior to instituting use of any additional biocide used in cooling systems which may be toxic to aquatic life other than those previously reported to the Division of Water Resources. Such notification shall include completion of Biocide Worksheet Form 101 and a map locating the discharge point and receiving stream. Completion of Biocide Worksheet Form 101 is not necessary for those outfalls containing toxicity testing. Division approval is not necessary for the introduction of new biocides into outfalls currently tested for whole effluent toxicity. A. (19.) FISH TISSUE MONITORING NEAR ASH POND DISCHARGE — OUTFALL 001, and OUTFALLS 002/004 The facility shall conduct fish tissue monitoring at two locations (Sutton Lake and Cape Fear River) annually and submit the results with the NPDES permit renewal application. The objective of this monitoring is to evaluate potential uptake of pollutants by fish tissue near the ash pond discharge. The parameters analyzed in fish tissue shall be arsenic, selenium, and mercury. The monitoring shall be conducted in accordance with the sampling plan approved by the Division. The plan should be submitted to the Division within 180 days from the effective date of the permit. Upon approval, the plan becomes an enforceable part of the permit. Copies of all the study plans, study results, and any other applicable materials should be submitted to: 1) Electronic Version Only (pdf and CD) Division of Water Resources WQ Permitting Section - NPDES 1617 Mail Service Center Raleigh, NC 27699-1617 2) Electronic Version (pdf and CD) and Hard Copy Division of Water Resources Water Sciences Section 1621 Mail Service Center Raleigh, NC 27699-1621 A. (20.) CLEAN WATER ACT SECTION 316 (a) THERMAL VARIANCE In order to obtain thermal variance/mixing zone for Lake Sutton/Cape Fear the facility shall develop and conduct comprehensive 316(a) studies. The 316(a) studies shall be performed in accordance with the Division of Water Resources approved plan. The temperature analysis and the balanced and indigenous study plan shall conform to the specifications outlined in 40 CFR 125 Subpart H and the EPA's Draft 316(a) Guidance Manual, dated 1977, and the Region 4 letter to NCDENR, dated June 3, 2010. The study shall be performed in accordance with the following schedule: 1) Effective date of the permit +60 days - submit the Draft Study Plan to the DEQ and EPA, the DEQ will perform the Plan review and provide the comments to Duke within 30 days of the Plan receipt. 2) Effective date of the permit +120 days - meet with the DEQ to provide responses to the DEQ/EPA comments and discuss the Study Plan. 3) Effective date of the permit +150 days - submit the Final Study Plan to the DEQ and to the EPA. 4) After obtaining an approval of the Study Plan, conduct 2 years of monitoring. Page 15 of 24 Permit NC0001422 5) 270 days after completing the monitoring, submit the study results and an application for 316(a) variance to DEQ. Copies of all the study plans, study results, and any other applicable materials should be submitted to: 1) Electronic Version Only (pdf and CD) Division of Water Resources WQ Permitting Section - NPDES 1617 Mail Service Center Raleigh, NC 27699-1617 2) Electronic Version (pdf and CD) and Hard Copy Division of Water Resources Water Sciences Section 1621 Mail Service Center Raleigh, NC 27699-1621 A. (21.) CLEAN WATER ACT SECTION 316(b) The permittee shall comply with the Cooling Water Intake Structure Rule per 40 CFR 125.95. The permittee shall submit all the materials required by the Rule with the next renewal application. Copies of all the study plans, study results, and any other applicable materials should be submitted to: 1) Electronic Version Only (pdf and CD) Division of Water Resources WQ Permitting Section - NPDES 1617 Mail Service Center Raleigh, NC 27699-1617 2) Electronic Version (pdf and CD) and Hard Copy Division of Water Resources Water Sciences Section 1621 Mail Service Center Raleigh, NC 27699-1621 A. (22.) LOWER CAPE FEAR MODELING The permittee may elect to conduct a water quality model of the dilution factor for Outfall 001. Contingent upon EPA approval of the Lower Cape Fear Modeling and its results, the Reasonable Potential Analysis will be conducted again and the permit limits will be based on the new now numbers established by the model. A. (23.) ACUTE TOXICITY LIMIT (QUARTERLY) — OUTFALL OOH [15A NCAC 02B .0200 et seq.] The permittee shall conduct acute toxicity tests on a auarterlu 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 Fathead Minnow (Pimephales promelas) 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 February, May, August, and November. 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. Should any single quarterly monitoring indicate a failure to meet specified limits, then monthly monitoring will begin immediately until such time that a single test is passed. Upon passing, this monthly test requirement will revert to quarterly in the months specified above. Page 16 of 24 Permit NC0001422 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 TGE6C. Additionally, DWR Form AT -2 (original) is to be sent to the following address: Attention: North Carolina Division of Water Resources Water Sciences Section/Aquatic Toxicology Branch 1621 Mail Service Center Raleigh, North Carolina 27699-1621 Completed Aquatic Toxicity Test Forms shall be filed with the Water Sciences Section no later than 30 days after the end of the reporting period for which the report is made. Test data shall be complete and accurate and include all supporting chemical/ physical measurements performed in association with the toxicity tests, as well as all dose/response data. Total residual chlorine of the effluent toxicity sample must be measured and reported if chlorine is employed for disinfection of the waste stream. Should there be no discharge of flow from the facility during a month in which toxicity monitoring is required, the permittee will complete the information located at the top of the aquatic toxicity (AT) test form indicating the facility name, permit number, pipe number, county, and the month/year of the report with the notation of "No Flow" in the comment area of the form. The report shall be submitted to the Water Sciences Section at the address cited above. Should the permittee fail to monitor during a month in which toxicity monitoring is required, then monthly monitoring will begin immediately until such time that a single test is passed. Upon passing, this monthly test requirement will revert to quarterly in the months specified above. Assessment of toxicity compliance is based on the toxicity testing quarter, which is the three-month time interval that begins on the first day of the month in which toxicity testing is required by this permit and continues until the final day of the third month. 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. A. (24.) INSTREAM MONITORING The facility shall conduct semi-annual instream monitoring (intake structure on the Cape Fear River (approximately 3 miles upstream) and 2.6 miles downstream of the Outfall 001, and approximately 1000 ft. from Outfall 004 (Bay 8) for total arsenic, total selenium, total mercury (method 1631E), total chromium, chlorides, dissolved lead, dissolved cadmium, dissolved copper, dissolved zinc and total hardness (as CaCO3). For the purpose of this requirement, semi-annual means that samples are collected twice per year with at least 120 calendar days between sampling events. The monitoring results shall be reported on the facility's Discharge Monitoring Reports and included with the NPDES permit renewal application. Instream monitoring is provisionally waived considering the permittee's participation in the Lower Cape Fear River Basin Association provided the Association agrees to sample for all the parameters listed in this condition and at the specified locations. Instream monitoring shall be conducted as stated in this permit should the permittee end its participation in the Association. Page 17 of 24 Permit NC0001422 A. (25.) ELECTRONIC REPORTING OF DISCHARGE MONITORING REPORTS [G. S. 143-215.1(b)] Federal regulations require electronic submittal of all discharge monitoring reports (DMRs) and program reports and specify that, if a state does not establish a system to receive such submittals, then permittees must submit monitoring data and reports electronically to the Environmental Protection Agency (EPA) 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 forNPDES Permits)• • Section B. (11.) • Section D. (2.) • Section D. (6 ) • Section E. (5.) Signatory Requirements Reporting Records Retention Monitoring Reports 1. Reporting Requirements [Supersedes Section D. (2.) and Section E. (5.) (a)] Effective December 21, 2016, the permittee shall report discharge monitoring data electronically using the NC DWR's Electronic Discharge Monitoring Report (eDMR) internet application Monitoring results obtained during the previous month(s) shall be summarized for each month and submitted electronically using eDMR The eDMR system allows permitted facilities to enter monitoring data and submit DMRs electronically using the internet Until such time that the state's eDMR application is compliant with EPA's Cross -Media Electronic Reporting Regulation (CROMERR), permittees will be required to submit all discharge monitoring data to the state electronically using eDMR and will be required to complete the eDMR submission by printing, signing, and submitting one signed original and a copy of the computer printed eDMR to the following address: NC DEQ / Division of Water Resources /Water Quality Permitting Section ATTENTION: Central Files 1617 Mail Service Center Raleigh, North Carolina 27699-1617 If a permittee is unable to use the eDMR system due to a demonstrated hardship or due to the facility being physically located in an area where less than 10 percent of the households have broadband access, then a temporary waiver from the NPDES electronic reporting requirements may be granted and discharge monitoring data may be submitted on paper DMR forms (MR 1, 11, 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) Page 18 of 24 Permit NC0001422 2. Electronic Submissions In accordance with 40 CFR 122 41 (1) (9), the permittee must identify the .initial recipient at the time of each electronic submission The permittee should use the EPA's website resources to identify the initial recipient for the electronic submission. Initial recipient of electronic NPDES .information from NPDES-regulated facilities means the entity (EPA or the state authorized by EPA to implement the NPDES program) that is the designated entity for receiving electronic NPDES data [see 40 CFR 127 2(b)] EPA plans to establish a website that will also link to the appropriate electronic reporting tool for each type of electronic submission and for each state Instructions on how to access and use the appropriate electronic reporting tool will be available as well Information on EPA's NPDES Electronic Reporting Rule is found at: https / /www federalrestergov/documents/2015/10/22/2015-24954/national-pollutant-discharge- ehmtnation-sys tem-nudes-electromc-reporttnLx-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-apphes 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 //degncgov/about/divisions/water-resources/edmr 4. Signatory Requirements [Supplements Section B. (11.) (b, and Supersedes Section B. (11.) All eDMRs submitted to the permit issuing authority shall be signed by a person described in Part II, Section B (11)(a) or by a duly authorized representative of that person as described in Part II, Section B (11)(b) A person, and not a position, must be delegated signatory authority for eDMR reporting purposes For eDMR submissions, the person signing and submitting the DMR must obtain an eDMR user account and login credentials to access the eDMR system For more information on North Carolina's eDMR system, registering for eDMR and obtaining an eDMR user account, please visit the following web page: http //degncgov/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 '7 cert, underpenalty of lain, that this document and all attachments were prepared under my direction or supervision in accordance with a system designed to assure that gual f ed personnel properly gather and evaluate the information submitted. Based Page 19 of 24 Permit NC0001422 on my inquiry of the person orpersons who manage the system, or those persons directly responsible forgathering the information, the information submitted is, to the best of my knowledge and belief, true, acawrate, and complete. I am aware that there are sagncant penalties for submitting falre information, including the possibility of fines and imprisonment for knowing violations. " 5. Records Retention [Supplements Section D.-" 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]. A. (26.) APPLICABLE STATE LAW (STATE ENFORCEABLE ONLY) [G. S. 143-21S.1(b)] This facility shall meet the requirements of Senate Bill 729 (Coal Ash Management Act). This permit may be reopened to include new requirements imposed by Senate Bill 729. A. (27.) STORMWATER POLLUTION PREVENTION PLAN The permittee shall develop and implement a Stormwater Pollution Prevention Plan (SPPP). The SPPP shall be maintained on site unless exempted from this requirement by the Division. The SPPP is public information. The SPPP should also specifically and separately address deconstruction, demolition, coal, and/or coal ash hauling or disposal activities The SPPP shall include, at a minimum, the following items: 1. Site Overview. The Site Overview shall provide a description of the physical facility and the potential pollutant sources that may be expected to contribute to contamination of stormwater discharges. The Site Overview shall contain the following: (a) A general location map (USGS quadrangle map or appropriately drafted equivalent map), showing the facility's location in relation to transportation routes and surface waters; the name of the receiving waters to which the stormwater outfalls discharge, or if the discharge is to a municipal separate storm sewer system, the name of the municipality and the ultimate receiving waters; and accurate latitude and longitude of the points of stormwater discharge associated with industrial activity The general location map (or alternatively the site map) shall identify whether any receiving waters are impaired (on the state's 303(d) list of impaired waters) or if the site is located in a watershed for which a TMDL has been established, and what the parameters of concern are. (b) A narrative description of storage practices, loading and unloading activities, outdoor process areas, dust or particulate generating or control processes, and waste disposal practices. A narrative description of the potential pollutants that could be expected to be present in the stormwater discharge from each outfall. The narrative should also reference deconstruction, demolition, coal. and/or coal ash hauling or disposal activities where applicable. (c) A site map drawn at a scale sufficient to clearly depict: the site property boundary; the stormwater discharge outfalls; all on-site and adjacent surface waters and wetlands; industrial activity areas (including storage of materials, disposal areas, process areas, loading and unloading areas, and haul roads); site topography and finished grade; all drainage features and structures; drainage area boundaries and total contributing area for each outfall; direction of flow in each drainage area; industrial activities occurring in each drainage area; buildings; stormwater Best Management Practices (BMPs); and impervious surfaces. The site map must indicate the percentage of each drainage area that is impervious, and the site map must include a graphic scale indication and north arrow. (d) A list of significant spills or leaks of pollutants during the previous three (3) years and any corrective actions taken to mitigate spill impacts. Page 20 of 24 Permit NC0001422 (e) Certification that the stormwater outfalls have been evaluated for the presence of non- stormwater discharges. The permittee shall submit the first certification no later than 90 days after the effective date of this permit to the Stormwater Permitting Program Central Office and shall re -certify annually that the stormwater outfalls have been evaluated for the presence of non-stormwater discharges. For any non-stormwater discharge identified, the permittee shall indicate how that discharge is permitted or otherwise authorized. The certification statement will be signed in accordance with the requirements found in Part II, Standard Conditions, Section B, Paragraph 11. 2. Stormwater Management Strategy. The Stormwater Management Strategy shall contain a narrative description of the materials management practices employed which control or minimize the stormwater exposure of significant materials, including structural and nonstructural measures. This strategy should also address deconstruction, demolition, coal, and/or coal ash hauling or disposal activities where applicable. The Stormwater Management Strategy, at a minimum, shall incorporate the following: (a) Feasibility Study. A review of the technical and economic feasibility of changing the methods of operations and/or storage practices to eliminate or reduce exposure of materials and processes to rainfall and run-on flows. Wherever practical, the permittee shall prevent exposure of all storage areas, material handling operations, and manufacturing or fueling operations. In areas where elimination of exposure is not practical, this review shall document the feasibility of diverting the stormwater run-on away from areas of potential contamination. (b) Secondary Containment Requirements and Records. Secondary containment is required for: bulk storage of liquid materials; storage in any amount of Section 313 of Title III of the Superfund Amendments and Reauthorization Act (SARA) water priority chemicals; and storage in any amount of hazardous substances, in order to prevent leaks and spills from contaminating stormwater runoff. A table or summary of all such tanks and stored materials and their associated secondary containment areas shall be maintained. If the secondary containment devices are connected to stormwater conveyance systems, the connection shall be controlled by manually activated valves or other similar devices (which shall be secured closed with a locking mechanism). Any stormwater that accumulates in the containment area shall be observed for color, foam, outfall staining, visible sheens and dry weather flow, prior to release of the accumulated stormwater. Accumulated stormwater shall be released if found to be uncontaminated by any material. Records documenting the individual making the observation, the description of the accumulated stormwater, and the date and time of the release shall be kept for a period of five (5) years. For facilities subject to a federal oil Spill Prevention, Control, and Countermeasure Plan (SPCC), any portion of the SPCC Plan fully compliant with the requirements of this permit may be used to demonstrate compliance with this permit. In addition to secondary containment for tankage, the permittee shall provide drip pans or other similar protection measures for truck or rail car liquid loading and unloading stations. (c) BMP Summary. A listing of site structural and non-structural Best Management Practices (BMPs) shall be provided. The installation and implementation of BMPs shall be based on the assessment of the potential for sources to contribute significant quantities of pollutants to stormwater discharges and on data collected through monitoring of stormwater discharges. The BMP Summary shall include a written record of the specific rationale for installation and implementation of the selected site BMPs. The BMP Summary should also address deconstruction, demolition, coal, and/or coal ash hauling or disposal activities where applicable. The permittee shall refer to the BMPs described in EPA's Multi -Sector Permit (MSGP) and Industrial Stormwater Fact Sheet for Steam Electric Power Generating Facilities (EPA -833-F-06-030) for guidance on BMPs that may be appropriate for this site. The BMP Summary shall be reviewed and updated annually. Page 21 of 24 Permit NC0001422 3. Spill Prevention and Response Procedures. The Spill Prevention and Response Procedures (SPRP) shall incorporate an assessment of potential pollutant sources based on a materials inventory of the facility. Facility personnel responsible for implementing the SPRP shall be identified in a written list incorporated into the SPRP and signed and dated by each individual acknowledging their responsibilities for the plan. A responsible person shall be on-site at all times during facility operations that have increased potential to contaminate stormwater runoff through spills or exposure of materials associated with the facility operations. The SPRP must be site stormwater specific. Therefore, an oil Spill Prevention Control and Countermeasure plan (SPCC) may be a component of the SPRP, but may not be sufficient to completely address the stormwater aspects of the SPRP. The common elements of the SPCC with the SPRP may be incorporated by reference into the SPRP. 4. Preventative Maintenance and Good Housekeeping Program. A preventative maintenance and good housekeeping program shall be developed and implemented. The program shall address all stormwater control systems (if applicable), stormwater discharge outfalls, all on-site and adjacent surface waters and wetlands, industrial activity areas (including material storage areas, material handling areas, disposal areas, process areas, loading and unloading areas, and haul roads), all drainage features and structures, and existing structural BMPs. The program shall establish schedules of inspections, maintenance, and housekeeping activities of stormwater control systems, as well as facility equipment, facility areas, and facility systems that present a potential for stormwater exposure or stormwater pollution where not already addressed under another element of the SPPP. Inspection of material handling areas and regular cleaning schedules of these areas shall be incorporated into the program. Compliance with the established schedules for inspections, maintenance, and housekeeping shall be recorded and maintained in the SPPP. The program should also address deconstruction, demolition, coal, and/or coal ash hauling or disposal activities where applicable. The Good Housekeeping Program shall also include, but not be limited to, BMPs to accomplish the following: (a) Minimize contamination of stormwater runoff from oil-bearing equipment in switchyard areas; (b) Minimize contamination of stormwater runoff from delivery vehicles and rail cars arriving and departing the plant site; (c) Inspect all residue -hauling vehicles for proper covering over the load, adequate gate - sealing, and overall integrity of the container body. Repair vehicles as necessary; and (d) Reduce or control the tracking of ash and residue from ash loading and storage areas; 5 Facility Inspections. Inspections of the facility (including tanks, pipes, and equipment) and all stormwater systems shall occur as part of the Preventative Maintenance and Good Housekeeping Program at a minimum on a semi-annual schedule, once during the first half of the year (January to June), and once during the second half (July to December), with at least 60 days separating inspection dates (unless performed more frequently than semi-annually). 6. Employee Training. Training programs shall be developed and training provided at a minimum on an annual basis for facility personnel with responsibilities for: spill response and cleanup, preventative maintenance activities, and for any of the facility's operations that have the potential to contaminate stormwater runoff. The facility personnel responsible for implementing the training shall be identified, and their annual training shall be documented by the signature of each employee trained. 7. Responsible Party. The SPPP shall identify a specific position or positions responsible for the overall coordination, development, implementation, and revision of the SPPP. Responsibilities for all components of the SPPP shall be documented and position assignments provided. Page 22 of 24 Permit NC0001422 8. SPPP Amendment and Annual Update. The permittee shall amend the SPPP whenever there is a change in design, construction, operation, site drainage, maintenance, or configuration of the physical features which may have a significant effect on the potential for the discharge of pollutants to surface waters. All aspects of the SPPP shall be reviewed and updated on an annual basis. The annual update shall include: (a) an updated list of significant spills or leaks of pollutants for the previous three (3) years, or the notation that no spills have occurred (element of the Site Overview); (b) a written re -certification that the stormwater outfalls have been evaluated for the presence of non-stormwater discharges (element of the Site Overview); (c) a documented re-evaluation of the effectiveness of the on-site stormwater BMPs (BMP Summary element of the Stormwater Management Strategy). (d) a review and comparison of stormwater sample analytical data to any applicable limits or benchmark values (if applicable) over the past year. If the Director notifies the permittee that the SPPP does not meet one or more of the minimum requirements of the permit, the permittee shall have 30 days to respond. Within 30 days of such notice, the permittee shall submit a time schedule to the Director for modifying the SPPP to meet minimum requirements. The permittee shall provide certification in writing to the Director that the changes have been made. 9. SPPP Implementation. The permittee shall implement the Stormwater Pollution Prevention Plan and all appropriate BMPs consistent with the provisions of this permit, in order to control contaminants entering surface waters via stormwater. Implementation of the SPPP shall include documentation of all monitoring, measurements, inspections, maintenance activities, and training provided to employees, including the log of the sampling data and of actions taken to implement BMPs associated with the industrial activities, including vehicle maintenance activities. Such documentation shall be kept on-site for a period of five (5) years and made available to the Director or the Director's authorized representative immediately upon request. A. (28.) ADDITIONAL CONDITIONS AND DEFINITIONS - 1. EPA methods 200.7 or 200.8 (or the most current versions) shall be used for analyses of all metals except for total mercury. 2. All effluent samples for all external outfalls shall be taken at the most accessible location after the final treatment but prior to discharge to waters of the U.S (40 CFR 122.410)). 3. The term low volume waste sources means wastewater from all sources except thouse for which specific limitations are otherwise established in this part (40 CFR 423.11 (b)). 4. The term chemical metal cleaning waste means any wastewater resulting from cleaning any metal process equipment with chemical compounds, including, but not limited to, boiler tube cleaning (40 CFR 423.11 (c)). 5. The term metal cleaning waste means any wastewater resulting from cleaning [with or without chemical cleaning compounds] any metal process equipment including, but not limited to, boiler tube cleaning, boiler fireside cleaning, and air preheater cleaning (40 CFR 423.11 (d)). 6. For all outfalls where the flow measurement is to be "estimated" the estimate can be done by using calibrated V -notch weir, stop -watch and graduated cylinder, or other method approved by the Division. 7. During normal operations removing of the free water above the settled wet ash layer shall not involve mechanical disturbance of the ash. A. (29.) COPPER(Cu), ARSENIC(As), and SELENIUM(Se) COMPLIANCE SCHEDULE (Outfall 008) 1. Nine months from the permit effective date, submit to DEQ an evaluation study plan describing steps to be undertaken to identify the source of Cu, As, and Se at Outfall 008 Page 23 of 24 Permit NC0001422 discharge in order to comply with the limits set forth in section A. (10.) of the permit. The study should consider potential wastewater sources, practices such as vegetation management, and background sources. 2. Eighteen months from the permit effective date, submit a progress report describing the findings of the study. If a source of Cu, As, and Se has been identified, the interim report shall include proposed measures that will be evaluated to treat or eliminate the source of pollutants. If a source of Cu, As, and Se has not been identified, the interim report shall provide additional steps planned or necessary to comply with the limits set forth in section A.(10.) of the permit. 3. Twenty-seven months from the permit effective date submit a progress report. If a source of Cu, As, and Se was identified in the 18 -month report, this report should discuss the success of the efforts to treat or eliminate sources of Cu, As, and Se. If a source of Cu, As, and Se has not been identified, the interim report shall provide additional steps planned or necessary to comply with the limits set forth in section A. (10.) of the permit. 4. Thirty-six months from the permit effective date the discharge shall be in compliance with the Cu, As, and Se limitations. A. (30.) COPPER (Cu) and NICKEL (Ni) COMPLIANCE SCHEDULE (Outfall 001/Outfall 004) 1. Nine months from the permit effective date, submit to DEQ an evaluation study plan describing steps to be undertaken to identify the source of Cu and Ni at Outfall 001 in order to comply with the limits set forth in sections A. (1.) or A. (2.) of the permit. The study should consider potential wastewater sources, practices such as vegetation management, and background sources. 2. Eighteen months from the permit effective date, submit a progress report describing the findings of the study. If a source of Cu and Ni has been identified, the interim report shall include proposed measures that will be evaluated to treat or eliminate the source of the pollutants. If a source of Cu and Ni is not identified, the interim report shall provide additional steps planned or necessary to comply with the limits set forth in sections A. (1.) or A. (2.) of the permit. 3. Twenty-seven months from the permit effective date submit a progress report. If a source of Cu and Ni was identified in the 18 -month report, this report should discuss the success of the efforts to treat or eliminate sources of the pollutants. If a source of Cu and Ni has not been identified, the interim report shall provide additional steps planned or necessary to comply with the limits set forth in sections A. (1.) or A. (2.) of the permit. 4. Thirty-six months from the permit effective date the discharge shall be in compliance with the Cu and Ni limitations. A. (31.) COMPLIANCE BOUNDARY The compliance boundary for the disposal system shall be specified in accordance with 15A NCAC 02L .0107(a) or (b) dependent upon the date permitted. An exceedance of groundwater standards at or beyond the compliance boundary is subject to remediation action according to 15A NCAC 02L .0106(c), (d), or (e) as well as enforcement actions in accordance with North Carolina General Statute 143-215.6A through 143-215.6C. Page 24 of 24 Duke Energy Progress, LLC. L.V. Sutton Electric Plant NPDES Permit NC00001422 2016 Permit Renewal Application N Dike North Pond emergency spillway Makeup o Pump 1 0— S' 3YZ m,. o- O Outfall 004 m` Sutton Cooling Pond n Ash U Landfill 1984 (New) Ash ootprint Pond 0 OOutfall 002 c� N Outfall 008 1971 (O/d) 34 Ash Pond d� 0 07 d Internal Outfall 007 South Pond O Final (external) Outfallsemergency Effluent spillway o Internal O Channel toutfalls Cooling * Stormwater Pond Internal Outfall 009 0 1000 2000 3000 Recirculating Condenser Outfall 001 Cooling Water Feet Release CC Block Internal Outfall 006 CC Block Internal Outfall 005 Sutton Energy Complex Attachment 1- Site Map NORTH CAROLINA L. V. Sutton Energy Complex New Hanover County Al- 1 Duke Energy Progress, LLC. NPDES Permit NC00001422 L.V. Sutton Electric Plant 2016 Permit Renewal Application Outfall 002 Old Ash Outfall 008 Pond (1971) Cooling Pond Internal Outfall 007 (approxj South Pond emergency spillway ISW-1 ISW-2 Internal ISW-3 Outfall 009 (approx) ISW-4 ISW-6 �O �.s Recirculated Outfall 001 cooling water p Final (external) Outfalls and ISW-5 t•0� • Internal Outfalls Stormwater Internal Outfalls 005,006 Attachment 1- Site Ma L. V. Sutton Energy Complex New Hanover County Al- 2 NOTES: AERIAL PHOTOGRAPHY OBTAINED FROM USDA FSANAIP, DATED 06/122016 PARCEL BOUNDARY WAS OBTAINED FROM THE NC CENTER FOR GEOGRAPHIC INFORMATION AND ANALYSIS. AT (htm/ke- rc-p govn DRAWANG HPS BEEN SET WITH APROJECTION OF NORTH CAROLINA STATE PLANE COORDINATE SYSTEM FIRS 3200 (NAD63) 1984 ASH • 4 BASIN (LINED) 1J i FAIN983 ) EXTENSION. lD WASTE BOUNDARY LD 1141011 aae zoo Loo o zoo aaoLEGEN GRAPHICSGALEINFEET FIGURE 1 REVISED WASTE AND COMPLIANCE BOUNDARIES Fl— Rhea s FET EVE no W11TH-0-2-1 • COMPLIANCE BOUNDARY L... PHONEBBE-0219999 synTerra WE 0]Rp 1) L.V. SUTTON ENERGY COMPLEX WILMINGTON, NORTH CAROLINA L•..� DUKE ENERGY SITE BOUNDARY 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 tunes per week on three separate calendar days These samples shall be representative of the wastewater discharged during the sample period. Act or "the Act" The Federal Water Pollution Control Act, also known as the Clean Water Act (CWA), as amended, 33 USC 1251, et seq. Annual Average The arithmetic mean of all "daily discharges" of a pollutant measured during the calendar year In the case of fecal coliform, the geometric mean of such discharges. Arithmetic Mean The summation of the individual values divided by the number of individual values. Bypass The known diversion of waste streams from any portion of a treatment facility including the collection system, which is not a designed or established or operating mode for the facility Calendar Day The period from midnight of one day until midnight of the next day. However, for purposes of this permit, any consecutive 24-hour period that reasonably represents the calendar day may be used for sampling Calendar Week The period from Sunday through the following Saturday Calendar Quarter One of the following distinct periods January through March, April through June, July through September, and October through December Composite Sample A sample collected over a 24-hour period by continuous sampling or combining grab samples of at least 100 ml, in such a manner as to result in a total sample representative of the wastewater discharge during the sample period. The Director may designate the most appropriate method (specific number and size of aliquots necessary, the time interval between grab samples, etc ) on a case-by-case basis Samples may be collected manually or automatically. Composite samples may be obtained by the following methods (1) Continuous a single, continuous sample collected over a 24-hour period proportional to the rate of flow (2) Constant time/variable volume a series of grab samples collected at equal time intervals over a 24 hour period of discharge and combined proportional to the rate of flow measured at the time of individual sample collection, or (3) Variable time/constant volume. a series of grab samples of equal volume collected over a 24 hour period with the time intervals between samples determined by a preset number of gallons passing the sampling point Flow measurement between sample intervals shall be determined by use of a flow recorder and totalizer, and the preset gallon interval between sample collection fixed at no greater than 1/24 of the expected total daily flow at the treatment system, or Version 11109120111 NPDES Permit Standard Conditions Page 2 of 18 (4) Constant tune/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. ➢ Pernuttees with wastewater treatment systems whose detention time exceeds 24 hours shall collect effluent grab samples at least every six hours; there must be a nummum 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 calendar 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 Division" The Division of Water Resources, Department of Environment and Natural Resources Effluent Wastewater discharged following all treatment processes from a water pollution control facility or other point source whether treated or untreated EMC The North Carolina Environmental Management Commission EPA The United States Environmental Protection Agency Facility Closure Cessation of all activities that require coverage under this NPDES permit Completion of facility closure will allow this 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 nummum 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 Issumg Authonty_ The Director of the Division of Water Resources. Quarterly Average (concentration limit) The arithmetic mean of all samples taken over a calendar quarter. Severe prope , damage Substantial physical damage to property, damage to the treatment facilities which causes them to become inoperable, or substantial and permanent loss of natural resources which can reasonably be expected to occur in the absence of a bypass Severe property damage excludes economic loss caused by delays in production Toxic Pollutant: Any pollutant listed as toxic under Section 307(a)(1) of the CWA Upset An incident beyond the reasonable control of the Permittee causing unintentional and temporary noncompliance with permit effluent limitations and/or momtormg requirements An upset does not include noncompliance caused by operational error, improperly designed treatment facilities, inadequate treatment facilities, lack of preventive maintenance, or careless or improper operation. Weekly Average (concentration limit) The arithmetic mean of all "daily discharges" of a pollutant measured during the calendar week. In the case of fecal coliform or other bacterial parameters or indicators, the geometric mean of such discharges. Section B. General Conditions 1. Duty to Comply The Permittee must comply with all conditions of this permit Any permit noncompliance constitutes a violation of the CWA and is grounds for enforcement action, for permit termination, revocation and reissuance, or modification, or denial of a permit renewal application [40 CFR 122 4 1 ] 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 mcorporate 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 unposed in a pretreatment program approved under section 402(a)(3) or 402(b)(8) of the Act, is subject to criminal penalties of $2,500 to $25,000 per day of violation, or Version 11109120111 NPDES Permit Standard Conditions Page 4 of 18 imprisonment of not more than 1 year, or both In the case of a second or subsequent conviction for a negligent violation, a person shall be subject to criminal penalties of not more than $50,000 per day of violation, or by imprisonment of not more than 2 years, or both [33 USC 1319(c)(1) and 40 CFR 122 41(a)(2)] d Any person who knowingly violates such sections, or such conditions or limitations is subject to criminal penalties of $5,000 to $50,000 per day of violation, or imprisonment for not more than 3 years, or both In the case of a second or subsequent conviction for a knowing violation, a person shall be subject to crnnmal penalties of not more than $100,000 per day of violation, or imprisonment of not more than 6 years, or both [33 USC 1319(c)(2) and 40 CFR 122 41(a)(2)] e Any person who knowingly violates section 301, 302, 303, 306, 307, 308, 318 or 405 of the Act, or any permit condition or limitation implementing any of such sections in a permit issued under section 402 of the Act, and who knows at that time that he thereby places another person in imminent danger of death or serious bodily mjury, shall, upon conviction, be subject to a fine of not more than $250,000 or imprisonment of not more than 15 years, or both In the case of a second or subsequent conviction for a knowing endangerment violation, a person shall be subject to a fine of not more than $500,000 or by imprisonment of not more than 30 years, or both An organization, as defined in section 309(c)(3)(B)(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 I1 violations are not to exceed $16,000 per day for each day during which the violation continues, with the maximum amount of any Class H penalty not to exceed $177,500 [33 USC 1319(g)(2) and 40 CFR 122 41(a)(3)] 2 Duty to Mitigate The Permittee shall take all reasonable steps to minimize or prevent any discharge or sludge use or disposal in violation of this permit with a reasonable likelihood of adversely affecting human health or the environment [40 CFR 122 41(d)] Civil and Criminal Liability Except as provided in permit conditions on "Bypassing" (Part II C 4), "Upsets" (Part ILC 5) and "Power Failures" (Part ILC 7), nothing in this permit shall be construed to relieve the Permittee from any responsibilities, liabilities, or penalties for noncompliance pursuant to NCGS 143-215.3, 143-215 6 or Section 309 of the Federal Act, 33 USC 1319 Furthermore, the Permittee is responsible for consequential damages, such as fish kills, even though the responsibility for effective compliance may be temporarily suspended 4. Oil and Hazardous Substance Liability Nothing in this permit shall be construed to preclude the institution of any legal action or relieve the Permittee from any responsibilities, liabilities, or penalties to which the Permittee is or may be subject to under NCGS 143- 215.75 et seq or Section 311 of the Federal Act, 33 USG 1321. Furthermore, the Permittee is responsible for consequential damages, such as fish kills, even though the responsibility for effective compliance may be temporarily suspended 5 Property Rights The issuance of this permit does not convey any property rights in either real or personal property, or any exclusive privileges, nor does it authorize any 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 the construction of any onshore or offshore physical structures or facilities or the undertaking of any work in any navigable waters Version 11109120111 NPDES Permit Standard Conditions Page 5of18 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 tune, 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 determmne compliance with this permit. The Permittee shall also furnish to the Permit Issuing Authority upon request, copies of records required by this permit [40 CFR 122 41(h)] 9 Duty to Reapply If the Permittee wishes to continue an activity regulated by this permit after the expiration date of this perrmt, the Permittee must apply for and obtain a new permit [40 CFR 122 41(b)] 10 Expiration of Permit The Perrmttee is not authorized to discharge after the expiration date. In order to receive automatic authorization to discharge beyond the expiration date, the Permittee shall submit such information, forms, and fees as are required by the agency authorized to issue permits no later than 180 days prior to the expiration date unless permission for a later date has been granted by the Director. (The Director shall not grant perrmssion 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 Si ng atory Requirements All applications, reports, or information submitted to the Penmt Issuing Authority shall be signed and certified [40 CFR 122 41(k)] a. All permit applications shall be signed as follows (1) For a corporation by a responsible corporate officer For the purpose of this Section, a responsible corporate officer means. (a) a president, secretary, treasurer or vice president of the corporation in charge of a principal business function, or any other person who performs similar policy or decision making functions for the corporation, or (b) the manager of one or more manufacturing, production, or operating facilities, provided, the manager is authorized to make management decisions which govern the operation of the regulated facility including having the explicit or implicit duty of making mayor capital investment recommendations, and initiating and directing other comprehensive measures to assure long term environmental compliance with environmental laws and regulations, the manager can ensure that the necessary systems are established or actions taken to gather complete and accurate information for permit application requirements, and where authority to sign documents has been assigned or delegated to the manager in accordance with corporate procedures (2) For a partnership or sole proprietorship by a general partner or the proprietor, respectively, or (3) For a municipality, State, Federal, or other public agency by either a principal executive officer or ranking elected official [40 CFR 122.221 b All reports required by the permit and other information requested by the Permit Issuing Authority shall be signed by a person described in paragraph a above or by a duly authorized representative of that person A person is a duly authorized representative only if (1) The authorization is made in writing by a person described above; (2) The authorization specified either an individual or a position having responsibility for the overall operation of the regulated facility or activity, such as the position of plant manager, operator of a well or well field, superintendent, a position of equivalent responsibility, or an individual or position having overall responsibility for environmental matters for the company (A duly authorized representative may thus be either a named individual or any individual occupying a named position ), and (3) The written authorization is submitted to the Penmt Issuing Authority [40 CFR 122.221 Version 11109120111 NPDES Permit Standard Conditions Page 6 of 18 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 122 221 NO OTHER STATEMENTS OF CERTIFICATION WILL BE ACCEPTED 7 certify, under penalty of law, that this document and all attachments were prepared under my direction or supervision in accordance with a system designed to assure that qual 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 significant penalties for submitting false information, including the possibility of fines and imprisonment for knowing violations " 12. Permit Actions This permit may be modified, revoked and reissued, or 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 Termination The issuance of this permit does not prohibit the permit issuing authority from reopening and modifying the permit, revoking and reissuing the permit, or terminating the permit as allowed by the laws, rules, and regulations contained in Title 40, Code of Federal Regulations, Parts 122 and 123, Title 15A of the North Carolina Administrative Code, Subchapter 02H.0100, and North Carolina General Statute 143 215.1 et al 14 Annual Administering and Compliance Monitoring Fee Requirements The Permittee must pay the annual administering and compliance monitoring fee within thirty days after being billed by the Division Failure to pay the fee in a timely manner in accordance with 15A NCAC 02H .0105(b)(2) may cause this Division to initiate action to revoke the permit. Section G. Operation and Maintenance of Pollution Controls 1 Certified O en rator Owners of classified water pollution control systems must designate operators, certified by the Water Pollution Control System Operators Certification Comrmssion (WPCSOCC), of the appropriate type and grade for the system, and, for each classification must [T15A NCAC 08G 0201]. a designate one Operator In Responsible Charge (ORC) who possesses a valid certificate of the type and grade at least equivalent to the type and grade of the system, b designate one or more Back-up Operator(s) in Responsible Charge (Back-up ORCs) who possesses a valid certificate of the type of the system and no more than one grade less than the grade of the system, with the exception of no backup operator in responsible charge is required for systems whose minimum visitation requirements are twice per year, and c submit a signed completed "Water Pollution Control System Operator Designation Form" to the Commission (or to the local health department for owners of subsurface systems) countersigned by the designated certified operators, designating the Operator in Responsible Charge (ORC) and the Back-up Operator in Responsible Charge (Back-up ORC) (1) 60 calendar days prior to wastewater or residuals being introduced into a new system, or (2) within 120 calendar days following ➢ receiving notification of a change in the classification of the system requiring the designation of a new Operator in Responsible Charge (ORC) and Back-up Operator in Responsible Charge (Back-up ORC) of the proper type and grade; or ➢ a vacancy in the position of Operator in Responsible Charge (ORC) or Back-up Operator in Responsible Charge (Back-up ORC) Version 11109120111 NPDES Permit Standard Conditions Page 7 of 18 (3) within seven calendar days of vacancies in both ORC and Back-up ORC positions replacing or designating at least one of the responsibilities The ORC of each Class I facility (or the Back-up ORC, when acting as surrogate for the ORC) must ➢ Visit the facility as often as is necessary to insure proper operation of the treatment system, the treatment facility must be visited at least weekly ➢ Comply with all other conditions of 15A NCAC 08G 0204 The ORC of each Class 11, III and IV facility (or the Back-up ORC, when acting as surrogate for the ORC) must: ➢ Visit the facility as often as is necessary to insure proper operation of the treatment system, the treatment facility must be visited at least five days per week, excluding holidays ➢ Properly manage and document daily operation and maintenance of the facility ➢ Comply with all other conditions of 15A NCAC 08G.0204 2. Proper Operation and Maintenance The Permittee shall at all times properly operate and maintain all facilities and systems of treatment and control (and related appurtenances) which are installed or used by the Permittee to achieve compliance with the conditions of this permit. Proper operation and maintenance also includes adequate laboratory controls and appropriate quality assurance procedures This provision requires the Permittee to install and operate backup or auxiliary facilities only when necessary to achieve compliance with the conditions of the permit [40 CFR 122.41(e)] NOTE Properly and officially designated operators are fully responsible for all proper operation and maintenance of the facility, and all documentation required thereof, whether acting as a contract operator [subcontractor] or a member of the Permittee's staff 3 Need to Halt or Reduce not a Defense It shall not be a defense for a Permittee in an enforcement action that it would have been necessary to halt or reduce the permitted activity in order to maintain compliance with the condition of this permit [40 CFR 122 41(c)]. 4 Bypassing of Treatment Facilities a. Bypass not exceeding limitations [40 CFR 122.41(m)(2)] The Permittee may allow any bypass to occur which does not cause effluent limitations to be exceeded, but only if it also is for essential maintenance to assure efficient operation. These bypasses are not subject to the provisions of Paragraphs b and c of this section b Notice [40 CFR 122.41(m)(3)] (1) Anticipated bypass If the Permittee knows in advance of the need for a bypass, it shall submit prior notice, if possible at least ten days before the date of the bypass, including an evaluation of the anticipated quality and effect of the bypass (2) Unanticipated bypass. The Permittee shall submit notice of an unanticipated bypass as required in Part II E 6. (24-hour notice) c Prohibition of Bypass (1) Bypass from the treatment facility is prohibited and the Permit Issuing Authority may take enforcement action against a Permittee for bypass, unless (A) Bypass was unavoidable to prevent loss of life, personal mjury or severe property damage, (B) There were no feasible alternatives to the bypass, such as the use of auxiliary treatment facilities, retention of untreated wastes or maintenance during normal periods of equipment downtime. This condition is not satisfied if adequate backup equipment should have been installed in the exercise of reasonable engineering judgment to prevent a bypass which occurred during normal periods of equipment downtime or preventive maintenance, and (C) The Permittee submitted notices as required under Paragraph b of this section (2) Bypass from the collection system is prohibited and the Permit Issuing Authority may take enforcement action against a Permittee for a bypass as provided in any current or future system -wide collection system permit associated with the treatment facility Version 11109120111 NPDES Permit Standard Conditions Page 8 of 18 (3) The Permit Issuing Authority may approve an anticipated bypass, after considering its adverse effects, if the Permit Issuing Authority determines that it will meet the three conditions listed above in Paragraph c. (1) of this section 5. Upsets a Effect of an upset [40 CFR 122 41(n)(2)] An upset constitutes an affirmative defense to an action brought for noncompliance with such technology based permit effluent limitations if the requirements of paragraph b of this condition are met No determination made during administrative 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 Permittee who wishes to establish the affirmative defense of upset shall demonstrate, through properly signed, contemporaneous operating logs, or other relevant evidence that (1) An upset occurred and that the Perrmttee can identify the cause(s) of the upset; (2) The Permittee facility was at the time being properly operated, and (3) The Permittee submitted notice of the upset as required in Part II E 6 (b) of this permit (4) The Permittee complied with any remedial measures required under Part 11 B 2 of this permit c Burden of proof [40 CFR 122 41(n)(4)] The Permittee seeking to establish the occurrence of an upset has the burden of proof in any enforcement proceeding 6 Removed Substances Solids, sludges, filter backwash, or other pollutants removed in the course of treatment or control of wastewaters shall be utilized/disposed of in accordance with NCGS 143-215.1 and in a manner such as to prevent any pollutant from such materials from entering waters of the State or navigable waters of the United States except as permitted by the Commission The Permittee shall comply with all applicable state and Federal regulations governing the disposal of sewage sludge, including 40 CFR 503, Standards for the Use and Disposal of Sewage Sludge, 40 CFR Part 258, Criteria For Municipal Solid Waste Landfills, and 15A NCAC Subchapter 2T, Waste Not Discharged To Surface Waters The Permittee shall notify the Pernut Issuing Authority of any significant change in its sludge use or disposal practices 7 Power Failures The Permittee is responsible for maintamnmg adequate safeguards (as required by 15A NCAC 02H 0124) to prevent the discharge of untreated or inadequately treated wastes during electrical power failures either by means of alternate power sources, standby generators or retention of inadequately treated effluent Section D. Monitoring and Records 1. Representative Sampling Samples collected and measurements taken, as required herein, 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 pennmt 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 Perrmt Issuing Authority [40 CFR 122 410)] 2 Reporting Monitoring results obtained during the previous month(s) shall be summarized for each month and reported on a monthly Discharge Monitoring Report (D_NIR) Form (MR 1, 1 1, 2, 3) or alternative forms approved by the Director, postmarked no later than the last calendar day of the month following the completed reporting period. The first DMR is due on the last day of the month following the issuance of the permit or in the case of a new facility, on the last day of the month following the commencement of discharge Duplicate signed copies of these, and all other reports required herein, shall be submitted to the following address Version 11109120111 NPDES Permit Standard Conditions Page 9of18 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 minimum of once per year and maintained to ensure that the accuracy of the measurements is consistent with the accepted capability of that type of device. The Director shall approve the flow measurement device and monitoring location prior to installation Once -through condenser cooling water flow monitored by pump logs, or pump hour meters as specified in Part I of this permit and based on the manufacturer's pump curves shall not be subject to this requirement 4 Test Procedures Laboratories used for sample analysis must be certified by the Division. Permittees should contact the Division's Laboratory Certification Section (919 733-3908 or http //portal nedenr org/web/wq/lab/cert) for information regarding laboratory certifications Facilities whose personnel are conducting testing of field -certified parameters only must hold the appropriate field parameter laboratory certifications. Test procedures for the analysis of pollutants shall conform to the EMC regulations (published pursuant to NCGS 143-215 63 et. seq ), the Water and Air Quality Reporting Acts, and to regulations published pursuant to Section 304(g), 33 USC 1314, of the CWA (as amended), and 40 CFR 136; or in the case of sludge use or disposal, approved under 40 CFR 136, unless otherwise specified in 40 CFR 503, unless other test procedures have been specified in this permit [40 CFR 122 41] To meet the intent of the monitoring required by this permit, all test procedures must produce minimum detection and reporting levels that are below the permit discharge requirements and all data generated must be reported down to the mmimum detection or lower reporting level of the procedure. If no approved methods are determined capable of achieving minimum detection and reporting levels below permit discharge requirements, then the most sensitive (method with the lowest possible detection and reporting level) approved method must be used. 5 Penalties for Tampering The CWA provides that any person who falsifies, tampers with, or knowingly renders inaccurate, any monitoring device or method required to be maintained under this pernut shall, upon conviction, be punished by a fine of not more than $10,000 per violation, or by impnsonment for not more than two years per violation, or by both If a conviction of a person is for a violation committed after a first conviction of such person under this paragraph, punishment is a fine of not more than $20,000 per day of violation, or by imprisonment of not more than 4 years, or both [40 CFR 122 41 ] 6 Records Retention Except for records of monitoring information required by this permit related to the Permittee's sewage sludge use and disposal activities, which shall be retained for a period of at least five years (or longer as required by 40 CFR 503), the Permittee shall retain records of all monitoring information, including. ➢ all calibration and maintenance records ➢ all original strip chart recordings for continuous monitoring instrumentation ➢ copies of all reports required by this permit ➢ copies of all data used to complete the application for this permit These records or copies shall be maintained for a period of at least 3 years from the date of the sample, measurement, report or application. This period may be extended by request of the Director at any time [40 CFR 122 41] Version 11109120111 NPDES Permit Standard Conditions Page 10 of 18 7 Recording Results For each measurement or sample taken pursuant to the requirements of this permit, the Permittee shall record the following information [40 CFR 122 41] a. The date, exact place, and time of sampling or measurements, b The individual(s) who performed the samr_plmg or measurements, c The date(s) analyses were performed, d The individual(s) who performed the analyses, e The analytical techniques or methods used, and f The results of such analyses 8 Inspection and Entry The Pernuttee shall allow the Director, or an authorized representative (including an authorized contractor acting as a representative of the Director), upon the presentation of credentials and other documents as may be required by law, to, a Enter, at reasonable times, upon the Permittee's premises where a regulated facility or activity is located or conducted, or where records must be kept under the conditions of this permit, b Have access to and copy, at reasonable times, any records that must be kept under the conditions of this permit, c Inspect at reasonable times any facilities, equipment (including monitoring and control equipment), practices, or operations regulated or required under this permit, and d Sample or monitor at reasonable times, for the purposes of assuring permit compliance or as otherwise authorized by the CWA, any substances or parameters at any location [40 CFR 122.41(1)] Section E Reporting Requirements 1 Change in Discharge All discharges authorized herein shall be ccnsmstent with the terms and conditions of this permit. The discharge of any pollutant identified in this permit more frequently than or at a level in excess of that authorized shall constitute a violation of the permit 2. Planned Changes The Permittee shall give notice to the Director as soon as possible of any planned physical alterations or additions to the permitted facility [40 CFR 122 41 (1)] Notice is required only when. a The alteration or addition to a permitted facility may meet one of the criteria for new sources at 40 CFR 122.29(b), or b The alteration or addition could significantly change the nature or increase the quantity of pollutants discharged. This notification applies to pollutants subject neither to effluent limitations in the perrmt, nor to notification requirements under 40 CFR 122 42(a)(1); or c The alteration or addition results in a significant change in the Permmttee's sludge use or disposal practices, and such alteration, addition or change may justify the application of permit conditions that are different from or absent in the existing permit, including notification of additional use or disposal sites not reported during the permit application process or not reported pursuant to an approved land application plan 3 Anticipated Noncompliance The Permittee shall give advance notice to the Director of any planned changes to the permitted facility or other activities that right result in noncompliance with the permit [40 CFR 122.41(1)(2)] 4 Transfers This permit is not transferable to any person without prior written notice to and approval from the Director in accordance with 40 CFR 122 61 The Director may condition approval in accordance with NCGS 143-215 1, in particular NCGS 143 -215. 1 (b)(4)b 2 , and may require modification or revocation and relssuance of the permit, or a minor modification, to identify the new pernuttee and mcorporate such other requirements as may be necessary under the CWA [40 CFR 122 41(1)(3), 122 61] or state statute. Version 11109120111 NPDES Permit Standard Conditions Page 11 of 18 5. Monitoring Reports Monitoring results shall be reported at the intervals specified elsewhere in this permit [40 CFR 122 41(1)(4)] a Monitoring results must be reported on a Discharge Monitoring Report (DMR) (See Part ILD 2) or forms provided by the Director for reporting results of monitoring of sludge use or disposal practices b If the Permittee monitors any pollutant more frequently than required by this pernut using test procedures approved under 40 CFR Part 136 and at a sampling location specified in this permit or other appropriate instrument governing the discharge, the results of such monitoring shall be included in the calculation and reporting of the data submitted on the DMR 6 Twenty-four Hour Reporting a. The Permittee shall report to the Director or the appropriate Regional Office any noncompliance that potentially threatens public health or the environment Any information shall be provided orally within 24 hours from the time the Pernuttee became aware of the circumstances A written submission shall also be provided within 5 days of the tune the Permittee becomes aware of the circumstances The written subnnssion shall contain a description of the noncompliance, and its cause, the period of noncompliance, including exact dates and tunes, and if the noncompliance has not been corrected, the anticipated time it is expected to continue, and steps taken or planned to reduce, eliminate, and prevent reoccurrence of the noncompliance [40 CFR 122 41(1)(6)] b The Director may waive the written report on a case-by-case basis for reports under this section if the oral report has been received within 24 hours. c Occurrences outside normal business hours may also be reported to the Division's Emergency Response personnel at (800) 662-7956, (800) 858-0368 or (919) 733-3300. 7 Other Noncompliance The Permittee shall report all instances of noncompliance not reported under Part II E.5 and 6. of this permit at the time monitoring reports are submitted. The reports shall contain the information listed in Part II E 6 of this permit [40 CFR 122.41(1)(7)]. 8 Other Information Where the Permittee becomes aware that it failed to submit any relevant facts in a permit application, or submitted incorrect information in a penmt application or in any report to the Director, it shall promptly submit such facts or information [40 CFR 122 41(1)(8)] 9 Noncompliance Notification The Permittee shall report by telephone to either the central office or the appropriate regional office of the Division as soon as possible, but in no case more than 24 hours or on the next working day following the occurrence or first knowledge of the occurrence of any of the following a. Any occurrence at the water pollution control facility which results in the discharge of significant amounts of wastes which are abnormal in quantity or characteristic, such as the dumping of the contents of a sludge digester, the known passage of a slug of hazardous substance through the facility, or any other unusual circumstances. b Any process unit failure, due to known or unknown reasons, that render the facility incapable of adequate wastewater treatment such as mechanical or electrical failures of pumps, aerators, compressors, etc. c Any failure of a pumping station, sewer line, or treatment facility resulting in a by-pass without treatment of all or any portion of the influent to such station or facility Persons reporting such occurrences by telephone shall also file a written report within 5 days following first knowledge of the occurrence Also see reporting requirements for municipalities in Part IV C 2 c of this permit. 10. Availability of Reports Except for data determined to be confidential under NCGS 143-215 3 (a)(2) or Section 308 of the Federal Act, 33 USC 1318, all reports prepared in accordance with the terms shall be available for public inspection at the offices of the Division As required by the Act, effluent data shall not be considered confidential. Knowingly making any false statement on any such report may result in the imposition of criminal penalties as provided for in NCGS 143- 215.l(b)(2) or in Section 309 of the Federal Act Version 11109120111 NPDES Permit Standard Conditions Page 12 of 18 11 Penalties for Falsification of Reports The CWA provides that any person who knowingly makes any false statement, representation, or certification in any record or other document submitted or required to be maintained under this permit, including monitoring 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 122.411 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 Version 11109120111 NPDES Permit Standard Conditions Page 13 of 18 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 143-215.1(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 permit 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 written 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 Permittee shall notify the Permit Issumg 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 minted in the penult, if that discharge will exceed the highest of the following "notification levels"; (1) One hundred micrograms per liter (100 µg/L), (2) Two hundred micrograms per liter (200 µg/L) for acrolem and acrylonitrile, five hundred micrograms per liter (500 µg/L) for 2,4-dmitrophenol and for 2-methyl-4,6-dimtrophenol, and one milligram per liter (1 mg/L) for antimony, (3) Five times the maximum concentration value reported for that pollutant in the permit application b. That any activity has occurred or will occur which would result in any discharge, on a non -routine or mfrequent basis, of a toxic pollutant which is not hinted in the permit, if that discharge will exceed the highest of the following "notification levels"; (1) Five hundred micrograms per liter (500 Rg/L), (2) One milligram per liter (1 mg/L) for antimony; (3) Ten times the maximum concentration value reported for that pollutant in the permnt 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 mnpacts to waters of the State This permit cannot be rescinded while any activities requiring this permit continue at the permitted facility Version 11109120111 NPDES Permit Standard Conditions Page 14 of 18 PART IV SPECIAL CONDITIONS FOR MUNICIPAL FACILITIES Section A. Definitions In addition to the definitions in Part II of this permit, the following definitions apply to municipal facilities Indirect Discharge or Industrial User Any non-domestic source that discharges wastewater containing pollutants into a POTW regulated under section 307(b), (c) or (d) of the CWA. [40 CFR 403.3 (r) 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 Perrmttee) NPDES, collection system, or non -discharge permit or prevents sewage sludge use or disposal in compliance with specified applicable State and F-.deral 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 Permi tee'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." [I 5A 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 lnmt 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 deznition 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 lrmmt the POTW's sludge disposal options, and thus is not a Significant Industnal User (SIU), or 6 Subject to approval under 15A NCAC 02H 0907(b), the Permittee may determine that an Industrial User meeting the criteria in paragraph 3 of this definition above meets the requirements of 40 CFR Part 403.3(v)(2) and thus is a non-significant categorical Industrial User Section B. Publicly Owned Treatment Warks (POTWs) Version 11109120111 NPDES Permit Standard Conditions Page 15 of 18 All POTWs must provide adequate notice to the Director of the following [40 CFR 122 42(b)] 1. Any new introduction of pollutants into the POTW from an 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 hidustnal Users discharging to the POTW may be present in the Perrmttee's discharge At such time as sufficient information becomes available to establish limitations for such pollutants, this permit may be revised to specify effluent limitations for any or all of such other pollutants in accordance with best practicable technology or water quality 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 implement the prohibitions against the introduction of the following wastes in the waste treatment or waste collection system [40 CFR 403 5(b)] (1) Pollutants which create a fire or explosion hazard in the POTW, including, but not limited 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 mmeral 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 Perimttee shall investigate the source of all discharges into the POTW, including slug loads and other unusual discharges, which have the potential to adversely impact the Permittee's Pretreatment Program and/or the operation of the POTW The Permittee shall report such discharges into the POTW to the Director or the appropriate Regional Office. Any information shall be provided orally within 24 hours 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 times, 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, Version 11109120111 NPDES Pernut Standard Conditions Page 16 of 18 3 With regard to the effluent requirements listed in Part I of this permit, it may be necessary for the Permittee to supplement the 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 discharging to the municipal system 4 The Permittee shall require any Industrial User (IU) 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 limits, best management practices and narrative requirements) Prior to accepting wastewater from any Significant Industrial User (SIU), the Penrattee 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 in accordance with the approved pretreatment program, all provisions and regulations contained and referenced in the pretreatment program submittal are an enforceable part of this perrmt. [40 CFR 122 440(2)] The Permittee shall operate its approved pretreatment program in accordance with Section 402(b)(8) of the CWA, 40 CFR 403, 15A NCAC 02H 0900, and the legal authorities, policies, procedures, and financial provisions contained in its pretreatment program submission and Division approved modifications thereof Such operation shall include but is not limited to the implementation of the following conditions and requirements Terms not defined in Part II or Part IV of this permit are as defined in 15A NCAC 02H 0903 and 40 CFR 403 3 1 Sewer Use Ordinance (SUO) The Permittee shall maintain adequate legal authority 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 Permittee accepts wastewater from one or more satellite POTWs, the IWS for the Permittee shall address all satellite POTW services areas, unless the pretreatment program in those satellite service areas is administered by a separate Permittee with an approved Pretreatment Program The Permittee shall submit a summary of its IWS activities to the Division at least once every five years, and as required by the Division. The IWS submission shall include a summary of any investigations conducted under paragraph C 2 c of this Part [15A NCAC 02H 0903(b)(13), 0905 and .0906(b)(2), 40 CFR 403 8(f)(2) and 403 9] 3. Monitoring Plan The Permittee shall implement a Division -approved Monitoring Plan for the collection of facility specific data to be used in a wastewater treatment plant Headworks Analysis (HWA) for the development of specific pretreatment local limits Effluent data from the Plan shall be reported on the DMRs (as required by Parts II D and 11 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 submit to the Division a written technical evaluation of the need to revise local limits (i e , an updated HWA or documentation of why one is not needed) [40 CFR 122 44]. The Penn ittee 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 lirmts are Version 11109120111 NPDES Permit Standard Conditions Page 17 of 18 enforceable Pretreatment Standards as defined by 40 CFR 403 3(1) [15A NCAC 02H 0903(b)(10),.0905, and .0906(b)(4)] Industrial User Pretreatment Permits (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 1UPs 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 NCGS 143-215 67(a)] Authorization to Construct (AtQ The Permittee shall ensure that an Authorization to Construct permit (AtQ 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 1(a)(8)] 7 POTW Inspection & Monitoring of their IUs The Permittee shall conduct inspection, surveillance, and monitoring activities as described in its Division approved 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 Version 11109120111 NPDES Permit Standard Conditions Page 18 of 18 NC DENR / Division of Water Resources / Water Quality Permitting 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 to-cen, or proposed, by the Penmttee 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 Industrial 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, now or modified enforcement compliance schedules, public notice of IUs in SNC, a summary of data or other information related to significant noncompliance determinations for IUs that are not considered SIUs, and anv other information, upon request, which in the opinion of the Director is needed to determine compliance with the pretreatment implementation requirements of this permit, 1 I Public Notice The Permittee shall publish annually a list of Industnal Users (IUs) that were in significant noncompliance (SNC) as defined in the Penmttee's Division -approved Sewer Use Ordinance with applicable pretreatment requirements and standards during the previous twelve month period This list shall be published within four months of the applicable twelve-month period [15A NCAC 02H 0903(b)(34), 0908(b)(5) and 0905 and 40 CFR 403 8(f)(2)(vm)] 12. Record Keeping The Permittee shall retain for a minimum of three years records of monitoring activities and results, along with support information including general records, water quality records, and records of industrial impact on the POTW and shall retain all other Pretreatment Program records as required by 15A NCAC 02H 0908(f). [15A NCAC 02H .0908(f), 40 CFR 403 12(0)] 13 Pretreatment Program Resources The Permittee shall maintain adequate funding and qualified personnel to accomplish the objectives of its approved pretreatment program and retain a written description of those current levels of inspection [15A NCAC 02H 0906(b)(9) and (10) and 0905, 40 CFR 403.8(f)(3), 403.9(b)(3)] 14 Modification to Pretreatment Programs Modifications to the approved pretreatment program including but not limited to local limits modifications, POTW monitoring of their Significant Industrial Usors (SIUs), and Monitoring Plan modifications, shall be considered a perrmt modification and shall be governed by 40 CFR 403 18, 15 NCAC 02H 0114 and 15A NCAC 02H.0907. Version 11109120111