Loading...
HomeMy WebLinkAboutNC0001899_Permit Issuance_20171110Water Resources Environmental Quality November 10, 2017 Mr. Jason Kaplan, Manager Moncure Holding West, LLC 282 Century Place, Suite 2000 Louisville, CO 80027 ROY COOPER Governor MICHAEL S. REGAN Secretary LINDA CULPEPPER Interim Director Subject: Issuance of NPDES Permit Permit NC0001899 Moncure Holding West, LLC Chatham County Facility Class II Dear Mr. Kaplan: The Division of Water Resources is forwarding herewith the Final NPDES permit for your facility. 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). This Final permit incorporates the following changes from your current permit: • The BOD limits were changed to 5.0 mg/L -Monthly Average/ 10 mg/L -Daily Maximum based on the policy developed for the Basin Plan (Outfall 001). • T e�'SS limits -were changed to 30.0 mg/ -L- —Monthly-A-ver-age/4-5:0-mg/L -Daily Maximum based on the policy developed for the Basin Plan (Outfall 001). • The-Lil-and Grease limits were increased based on thy=requirements of 40 CFR 437 (Outfall 001). • The limits for NH3, TN, and TP were added to the permit based on the policy developed for the Basin Plan (Outfall 001). • Limits for Total Cadmium were added to the permit based on the results of the Reasonable Potential Analysis (Outfall 001). • Limits for OCPSF parameters were replaced with limits for CWT parameters due to the planned change in the facility specialization (Outfall 001). • Federal regulations require electronic submittal of all discharge monitoring reports (DMRs) and program reports. The requirement to continue reporting discharge monitoring data electronically using the NC DWR's Electronic Discharge Monitoring Report (eDMR) internet application has been added to your final NPDES permit. [See Special Condition A. (6.)] Nothing Compares.._ State of North Carolina I Environmental Quality 1611 Marl Service Center I Raleigh, North Carolina 27699-1611 919-707-9000 • The Closure Requirements special condition was added to the permit to assure protection of the receiving stream during the closure process. If any parts, measurement frequencies, or sampling requirements contained in this permit are unacceptable to you, you have the right to an adjudicatory hearing upon written request within thirty (30) days following receipt of this letter. This request must be in the form of a written petition, conforming to Chapter 150B of the North Carolina General Statutes, and filed with the office of Administrative Hearings, 6714 Mail Service Center, Raleigh, North Carolina 27699-6714. Unless such 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, 4 tCdaupn Director, Division of Water Resources Hardcopy. Central Files NPDES Files Raleigh-Regionai-Office,—'i/ater-Quality E -copy: WSS/Aquatic Toxicology Unit WSS/(mark.vanderborgh@ncdenr gov) Permit NC0001899 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, Moncure Holding West, LLC is hereby authorized to discharge wastewater from a facility located at the Moncure Holding West, LLC WWTP 338 Pea Ridge Road, New HIll Chatham County to receiving waters designated as the Haw River in the Cape Fear River Basin in accordance with the discharge limitations, monitoring requirements, and other applicable conditions set forth in Parts I, II, and III. This permit modification shall become -effective December 1, 2017. _ This permit and the authorization to discharge shall expire at midnight on July 31, 2021 Signed this day November 10, 2017. _ n i da Culpepr6f, Yrfferim Director ivision of Water Resources By the Authority of the Environmental Management Commission Page 1 of 11 Permit NC0001899 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 Moncure Holding West, LLC is hereby authorized to: is hereby authorized to: Continue to discharge the combined treated process and domestic wastewater, and treated water treatment plant backwash wastewater to Outfall 001 permitted for 0.244 MGD, consisting of wastewater treatment components: o Sanitary bar screen, grinder, and lift station o Process wastewater lift station o One (1) 1,200 gallons mixing/neutralization chamber with automatic pH control o One (1) 650,000 gallons aeration basin with mechanical aerators o Coagulent addition system o One (1) 18,500 gallons clarifier o One (1) 1000 ft2 sludge drying bed o Chlorine contact chamber (nc chlorination) o Conventional water treatment plant with chemical addition systems o One (1) 20,000 gallons clarifier o Two (2) alum settling ponds, one 300,000 gallons, one 500,000 gallons o One (1) 1,000,000 gallon polishing pond o Effluent composite sampler o Effluent meter 2. Continue to discharge stormwater, condensate, and overflow from two 1,200,000 gallons fire ponds to Outfall 002. This facility is located -at the -Performance -Fibers, Inc., off Pea Ridge Road -east -of -Moncure in Chatham County. 3. Discharge wastewater from said t-eatment works at the location specified on the attached map via outfall 001 into the Haw River and via outfall 002 to Shaddox Creek, both of which are classified WS -IV waters in the Cape Fear River Basin. Page 2 of 11 Permit NC0001899 Part I A. (1.) EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS (Outfall 001) [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 treated process, domestic, and filter backwash wastewater from Outfall 001 Such discharges shall be limited and monitored$ by the Permittee as specified below. Effluent Characteristics Limits Monitoring Requirements Monthly Average Daily Maximum Measurement Frequency Sample e Sample Location 1 Flow 0.244 MGD Continuous RecordingInfluent or Effluent pH 2 6.0< pH <_ 9.0 Continuous Recording Effluent BOD, 5 day (20°C) 5.0 mg/L 10.0 mg/L Weekly Composite Effluent Total Suspended Solids 30.0 mg/L 45.0 mg/L Weekly Composite Effluent NH3-N 1 0 mg/L 2.0 mg/L Weekly Composite Effluent Oil and Grease 55.67 lbs/day 210.92 lbs/day Weekly Grab Effluent Temperature, °C Monthly Grab Effluent Temperature, °C Monthly Grab Upstream & Downstream Conductivity, µmohs/cm Monthly Grab Effluent Conductivity, µmohs/cm Monthly Grab Upstream & Downstream Dissolved Oxygen, mg/ L Monthly Grab Effluent Dissolved Oxygen, mg/L Monthly Grab Upstream & Downstream Total Nrtrogen3.7 4.48 lb/day Quarterly Composite Effluent Total Phosphorus? 1.0 lb/day Quarterly Composite Effluent Total Cadmium 62.9 µg/L 284 7 µg/L Monthly Composite Effluent Chronic Toxicity 4 Quarterly Composite Effluent CWT 5 Quarterly Grab Effluent Cyanide6 178.0 mg/L 500.0 mg/L Quarterly Grab Effluent Footnotes: Upstream, valve at Permittee's aver water-pump-hou-se—Downstream. nearest accessible point - at least 100 yards below the outfall and above the confluence of the Deep and Haw Rivers _ Instream monitoring is provisionally waived due to the _permittee's participation in the Upper -- 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 pH shall be monitored continuously at the effluent. 3 TN = TKN + NO3-N + NO2-N, where TN is Total Nitrogen, TKN is Total Kjeldahl Nitrogen, and - NO3-N and NO2-N are Nitrate and Nitrite Nitrogen, respectively 4 Chronic Toxicity (Cenodaphnia) Chronic P/F at 0.94%, January, April, July, and October, see A. (4 ) 5. Refer to A. (2 ) regarding CWT monitoring. 6. CWT - based limitation. 7 Please see Special Condition A. (7.). 8 The permittee shall submit Discharge Monitoring Reports electronically using NC DWR's eDMR application system. Please See Special Condition A. (6.). THERE SHALL BE NO DISCHARGE OF FLOATING SOLIDS OR VISIBLE FOAM IN OTHER THAN TRACE AMOUNTS. Page 3 of 11 Permit NC0001899 A. (2.) EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS (Outfall 001 -CWT) [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 CWT related process wastewater from Outfall 001. Such discharges shall be limited and monitored by the Permittee as specified below: Effluent Characteristic Monthly Average (lbs./day) Daily Maximum lbs da Frequency Measurement Sample Type Sample Location Acetone 4.65 17.6 Quarterly Grab Effluent Acetophenone 0.033 0.067 Quarterly Grab Effluent 2-Butanone 1.08 2.81 Quarterly Grab Effluent o -Cresol 0.33 1.12 Quarterly Grab Effluent -Cresol C.12 0.41 Quarterly Grab Effluent Phenol G.63 2.13 Quarterly Grab Effluent Pyridine Q.11 0.22 Quarterly Grab Effluent 2,4,6-Tnchloro henol 0.062 0.090 Quarterly Grab Effluent Bis 2-ethylhe 1 hthalate 0.059 0.126 Quarterly Grab Effluent Butylbenzyl 0.052 0.109 Quarterly Grab Effluent Carbazole 0.161 0.349 Quarterly Grab Effluent n-Decane 0.255 0.553 Quarterly Grab Effluent Fluoranthene 0.016 0.031 Quarterly Grab Effluent n-Octadecane 0.176 0.344 Quarterly Grab lEffluent Total Arsenic C.793 1.786 Quarterly Grab Effluent Total Chromium 0.224 0.547 Quarterly Grab Effluent Total Cobalt 11.027 33.051 Quarterly Grab Effluent Total Copper 0.725 1.23 Quarterly Grab Effluent Total Lead 0.282 1.085 Quarterly Grab I Effluent Total Mercury 0.003964 0.010428 Quarterly Grab Effluent Total Tin 0.1205 0.26 Quarterly Grab Effluent Total Zinc 3.048 5.548 Quarterly Grab Effluent Total Nickel 0.206 0.529 Quarterly Grab Effluent Total Selenium 0.047 0.117 Quarterly Grab Effluent Total Silver 0.0081 0.0212 Quarterly Grab Effluent Total Titanium C.0041 I 0 0106 Quarterly Grab lEffluent Total Vanadium 0.035 = 0 042 Quarterly Grab jEffluent Page 4of11 Permit NC0001899 A. (3.) EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS (Outfall 002) [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 stormwater, steam condensate, and fire pond overflow wastewater from Outfall 002. Such discharges shall be limited and monitored3 by the Permittee as specified below: Effluent Characteristics Limits Monitoring Requirements Monthly Average Weekly Average Daily Maximum Measurement Frequency Sample e Sample Location Flow Weekly Instantaneous Effluent Temperature, °C 1 Weekly Grab Effluent pH Not greater than 9.0 S.U. nor less than 6.0 S.U. Weekly Grab Effluent Total Aluminum, µg/L Quarterly Grab Effluent Total Zinc, µg/L Quarterly Grab Effluent Acute Toxicity 2 Annually TGrab Effluent Footnotes: 1. The temperature of the effluent shall be such as not to cause an increase in the temperature of the receiving stream of more than 2.8°C and in no case cause the ambient water temperature to exceed 32°C. 2. Acute Toxicity (Fathead Minnow) Annual Monitoring, see A. (5). 3. The permittee shall submit Discharge Monitoring Reports electronically using NC DWR's eDMR application system. Please See Special Condition A. (6.). THERE SHALL BE NO DISCHARGE OF FLOATING SOLIDS OR VISIBLE FOAM IN OTHER THAN TRACE AMOUNTS. A. (4.) CHRONIC TOXICITY PASS/FAIL LIMIT (QUARTERLY) -Outfall 001 [15A NCAC 02B .0200 et seq.] The effluent discharge shall at no time exhibit observable inhibition of reproduction or significant mortality to Ceriodaphnia dubia at an effluent concentration of 0.94%. The permit holder shall perform at a minimum, guarterlmonitoring using test procedures outlined in the "North Carolina Cenodaphnia Chronic Effluent Bioassay Procedure," Revised February 1998, or subsequent versions or "North Carolina Phase II Chronic Whole Effluent Toxicity Test Procedure" (Revised -February 1998) or subsequent versions. The tests will be performed dunng the months of January, April, July, and October Effluent sampling for this testing shall be performed at the NPDES permitted final effluent discharge below all treatment processes. If the quarterly test procedure results in a failure or ChV below the permit limit, then multiple -concentration testing shall be performed at a minimum, in each of the two following months as described in "North Carolina Phase II Chronic Whole Effluent Toxicity Test Procedure" (Revised -December 2010) or subsequent versions. All toxicity testing results required as part of this permit condition will be entered on the Effluent Discharge Monitoring Form (MR -1) for the months in which tests were performed, using the parameter code TGP3B for the pass/fail results and THP3B for the Chronic Value. Additionally, DWR Form AT -3 (original) is to be sent to the following address. Page 5of11 Permit NC0001899 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, accurate, include all supporting chemical/ physical measurements and all concentration/ response data, and be certified by laboratory supervisor and ORC or approved designate signature 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, monitoring will be required during the following month. Assessment of toxicity compliance is based on the toxicity testing month. Should any test data from this monitoring requirement or tests performed by the North Carolina Division of Water Resources indicate potential impacts to the receiving stream, this permit may be re -opened and modified to include alternate monitoring requirements or limits. NOTE. Failure to achieve test conditions as specified in the cited document, such as minimum control organism survival, minimum control organism reproduction, and appropriate environmental controls, shall constitute an invalid test and will require immediate follow-up testing to be completed no later than the last day of the month following the month of the initial monitoring. A. (5.) ACUTE TOXICITY LIMIT (ANNUALLY)- Outfall 002 [15A NCAC 02B .0200 et seq.] The permittee shall conduct acute toxicir_y tests on an annual basis using protocols defined in the North Carolina Procedure Document entitled "Pass/ Fall Methodology For Determining Acute — T-oxicity-ln-A-Single-Effluent Concentration" (Revised=July; 1992 -or --subsequent versions). The - monitoring shall be performed as a Fathead Minnow (Pimephales promelas) 24 hour static test. The effluent-Zoncentration at which there may be 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 wag -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 Page 6of11 Permit NC0001899 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. (6.) ELECTRONIC REPORTING OF DISCHARGE MONITORING REPORTS [G.S. 143-215.1(b)] Federal regulations require electronic submittal of all discharge monitoring reports (DMRs) and program reports. The final NPDES Electronic Reporting Rule was adopted and became effective on December 21, 2015. NOTE. This special condition supplements or supersedes the following sections within Part II of this permit (Standard Conditions for NPDES Permits): • Section B. (11.) Signatory Requirements • Section D. (2.) • Section D (6.) • Section E. (5.) Reporting Records Retention Monitoring Reports 1. Reporting Requirements [Supersedes Section D. (2.) and Section E. (5.) (a)] The permittee shall report discharge monitoring data electronically using the NC DWR's Electronic Discharge Monitoring Report (eDMR) internet application. Monitoring results obtained during the previous month(s) shall be summarized for each month and submitted electronically using eDMR _The eDMR system allows permitted facilities to enter monitoring data and submit DMRs electronically using the internet. Until such time that the state's eDMR application is compliant with EPA's Cross -Media Electronic Reporting Regulation (CROMERR), permittees will be required to submit all discharge monitoring data to the state electronically using eDMR and will be required to complete the eDMR submission by printing, signing, and submitting one signed original and a copy of the computer printed eDMR to the following address: NC DEQ / Division of Water Resources / Water Quality Permitting Section ATTENTION• Central Files 1617 Mail Service Center Raleigh, North Carolina 27699-1617 If a permittee is unable to use the eDMR system due to a demonstrated hardship or due to the facility being physically located in an area where less than 10 percent of the households have broadband access, then a temporary waiver from the NPDES electronic reporting requirements may be granted and discharge monitoring data may be submitted on paper DMR forms (MR 1, 1. 1, 2, 3) or alternative forms approved by the Director. Duplicate signed copies shall be Page 7of11 Permit NC0001899 submitted to the mailing address above See "How to Request a Waiver from Electronic Reporting" section below. Regardless of the submission method, the first DMR is due on the last day of the month following the issuance of the permit or in the case of a new facility, on the last day of the month following the commencement of discharge. Starting on December 21, 2020, the permittee must electronically report the following compliance monitoring data and reports, when applicable: • Sewer Overflow/Bypass Event Reports; • Pretreatment Program Annual Reports; and • Clean Water Act (CWA) Section 316(b) Annual Reports. The permittee may seek an electronic reporting waiver from the Division (see "How to Request a Waiver from Electronic Reporting" section below). 2. Electronic Submissions In accordance with 40 CFR 122.41(l)(9), the permittee must identify the initial recipient at the time of each electronic submission. The permittee should use the EPA's website resources to identify the initial recipient for the electronic submission. Initial recipient of electronic NPDES information from NPDES-regulated facilities means the entity (EPA or the state authorized by EPA to implement the NPDES program) that is the designated entity for receiving electronic NPDES data [see 40 CFR 127.2(b)]. 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.federalregistergov/documents/2015/10/22/2015-24954/national-pollutant- discharge-elimination-system-npde s -electronic -reporting -rule Electronic submissions must start be 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 waivor from the Division. To obtain an electronic reporting waiver, a permittee must first submit an electronic reporting waiver request to the Division Requests for temporary electronic reporting waivers must be submitted in writing to the Division for written approval at least sixty (60) days prior to the date the facility would be required under this permit to begin submitting monitoring data and reports. The duration of a temporary waiver shall not exceed 5 years and shall thereupon expire. At such time, monitoring data and reports shall be submitted electronically to the Division unless the permittee re -applies for and is granted a new temporary electronic reporting waiver by the Division Approved electronic reporting waivers are not transferrable. Only permittees with an approved reporting waiver request may submit monitoring data and reports on paper to the Division for the period that the approved reporting waiver request is effective. Information on eDMR and the application for a temporary electronic reporting waiver are found on the following web page: http. / /deg.nc.gov/about/divisions/water-resources/edmr Page 8of11 PermitNC0001899 4. Signatory Requirements [Supplements Section B. (11.1 (b1 and Supersedes Section B. (11.) tdfl 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: / /deq nc.gov/about/divisions/water-resources/edmr Certification. Any person submitting an electronic DMR using the state's eDMR system shall make the following certification [40 CFR 122.22]. NO OTHER STATEMENTS OF CERTIFICATION WILL BE ACCEPTED: "I certify, under penalty of law, that this document and all attachments were prepared under my direction or supervision in accordance with a system designed to assure that qualified personnel properly gather and evaluate the information submitted. Based on my inquiry of the person or persons who manage the system, or those persons directly responsible for gathering the information, the information submitted is, to the best of my knowledge and belief, true, accurate, and complete. I am aware that there are significant penalties for submitting false information, including the possibility of fines and imprisonment for knowing violations." 5. Records Retention [Supplements Section D. (6.11 The permittee shall retain records of all Discharge Monitoring Reports, including eDMR submissions. These records or copies shall be maintained for a period of at least 3 years from the date of the report. This period may be extended by request of the Director at any time [40 CFR 122.41] A. (7.) CALCULATION OF TOTAL NITROGEN AND TOTAL PHOSPHORUS LOADS [G.S. 143-215.1(b)] The Permittee shall calculate monthly TN and TP Loads as follows - Monthly TN (or TP) Load (lb/mo) = TN (or TP) x TMF x 8.34 -- -where TN or TP = the average Total Nitrogen or Total Phosphorus concentration (mg/L) of the composite samples collected during the month TMF = the Total Monthly Flow of wastewater discharged during the month (MG/mo) 8.34 = conversion factor, from (mg/L x MG) to pounds The Permittee shall report monthly Total Nitrogen and Total Phosphorus results (mg/L and lb/mo) in the appropriate discharge monitoring report for each month. A. (8.) CLOSURE REQUIREMENTS Before the facility initiates the closure of the site, it shall conduct sampling and analysis of all wastewater contained in every treatment unit, including 1,200 gallons mixing/ neutralization chamber, 650,000 gallons aeration basin with mechanical aerators, 18,500 gallons clarifier, 1000 ft2 sludge drying bed, Chlorine contact chamber, Conventional water treatment plant with Page 9 of 11 Permit NC0001899 chemical addition systems, 20,000 gallons clarifier, Two (2) alum settling ponds, one 300,000 gallons, one 500,000 gallons, and 1,000,000 gallon polishing pond. The liquid and the sludge/ sediment shall be sampled separately The following compounds shall be sampled in each treatment unit (Alternatively, the facility can transfer all the wastewater sludge in one or several treatment units, it will reduce the number of samples). The analytical methods shall be in accordance with 40 CFR Part 136 and shall be sufficiently sensitive to determine whether parameters are present in concentrations greater than applicable standards and criteria. Unless otherwise indicated, metals shall be analyzed as "total recoverable " Ammonia (as N) Trans-l,2-dichloroethylene Bis (2-chloroethyl) ether Chlorine (total residual, TRC) 1,1-dichloroethylene Bis (2-chloroisopropyl) ether Dissolved oxygen 1,2-dichloropropane Bis (2-ethylhexyl) phthalate Nitrate/Nitrate 1,3-dichloropropylene 4-bromophenyl phenyl ether Kjeldahl nitrogen Ethylbenzene Butyl benzyl phthalate Oil and grease Methyl bromide 2-chloronaphthalene Phosphorus Methyl chloride 4-chlorophenyl phenyl ether Total dissolved solids Methylene chloride Chrysene Hardness 1,1,2,2 -tetrachloroethane Di -n -butyl phthalate Antimony Tetrachloroethylene Di-n-octyl phthalate Arsenic Toluene Dibenzo(a,h)anthracene Beryllium _,1,1-tnchloroethane 1,2 -dichlorobenzene Cadmium 1,1,2 -trichloroethane 1,3 -dichlorobenzene Chromium Trichloroethylene 1,4 -dichlorobenzene Copper `vinyl chloride 3,3-dichlorobenzidine Lead _ Diethyl phthalate Mercury (EPA Method 1631E) ?-chloro-m-cresol Dimethyl phthalate Nickel 2 -chlorophenol 2,4-dinitrotoluene Selenium 2,4-dichlorophenol 2,6-dinitrotoluene Silver 2,4 -dimethylphenol 1,2-diphenylhydrazine Thallium 4,6-dinitro-o-cresol Fluoranthene Zinc 2,4-dinitrophenol Fluorene Cyanide 2-nitrophenol Hexachlorobenzene Total phenolic compounds 4-nitrophenol Hexachlorobutadiene Pentachlorophenol Hexachlorocyclo-pentadiene Acrolein Phenol Hexachloroethane Acrylonitrile _ 2,4,6 -trichlorophenol Indeno(1,2,3-cd)pyrene Benzene Isophorone Bromoform _ Acenaphthene Naphthalene _ Carbon tetrachloride Acenaphthylene Nitrobenzene Chlorobenzene Anthracene N-nitrosodi-n-propylamine Chlorodibromome_thane Benzidine N-nitrosodimethylamine Chloroethane Benzo(a)anthracene N-nrtrosodiphenylamine 2-chloroethylvinyl ether Benzo(a)pyrene Phenanthrene Chloroform 3,4 benzofluoranthene Pyrene Dichlorobromomethane Benzo(ghi)perylene 1,2,4-tnchlorobenzene 1, 1 -dichloroethane Benzo(k)fluoranthene 1, 4 - dioxane 1,2-dichloroethane Bis (2-chloroethoxy) methane The results of the sampling shall be reported to* 1) Division of Water Resources WQ Permitting Section - NPDES 1617 Mail Service Center Raleigh, NC 27699-1617 Page 10 of 11 Permit NC0001899 2) Division of Water Resources/ Raleigh Regional Office Mr. Danny Smith 3800 Barrett Drive, Raleigh, NC 27609 Phone- 919-791-4200 The facility shall coordinate development of the closure plan with the Raleigh Regional Office. The facility shall obtain a permission from the Raleigh Regional Office prior to the commencement of any wastewater discharge. Prior to closing any one of the lagoons at the site, the permittee shall propose a closure plan and follow subsequent closure procedures outlined in a memo from Ted Bush dated January 22, 2012 (See Attachment 1. "Guidelines for the Closure of Permitted Wastewater Ponds and Lagoons"). All documents required in this memo shall be submitted to: NCDEQ/Division of Water Resources Non -Discharge Permitting Unit 1617 Mail Service Center Raleigh, NC 27699-1617 NCDEQ/Division of Water Resources Water Quality Regional Operations / RRO 3800 Barrett Drive Raleigh, NC 27609 NCDEQ/Division of Water Resources NPDES Complex Permitting Unit 1617 Mail Service Center Raleigh, NC 27699-1617 Page 11 of 11 y� I Moneure Holding < < t 'Nest, LLC ,i i USICS Quad, E22Sh Moncure, NC - - — - Latitude Lon grg tude Facility, 1513'7` T N 79"' 2'46,, N \� Outfall 001, 35° 37' 1 " W 799 3'25" W Outfall 002 35° 37'0," VV 7T 2'36"' 1/V 'Facility Location Stream Class W,S-IV Subbasin, 03-06-07 C 0-103'0002 Nor-th Receivigg Streams Outfall 001 Haw River Moncure Holding !Nest, LLC NC0001999 Outfall 002 Shaddo-x_ Creek Chatham County a • !' x� - US HWY 1 i } { w. s a Moncure Holding .: Upstream West, LLC �• : f � � .•' -r'' NC0001899 � Nu a v► a�tf - ' �' ./ NC0001899 Outfall 001 NC0001899 Outfall 002 \ Downstream ` 14C0001899 A' USGS Quad: E22SE Moncure, NC Latitude Longitude Facility: 35'37'7"N 790 2'46" N �► Outfall 001: 35'37'1"W 790 3'25" W Outfall 002: 350 37'0" W 790 2'36" W TNorth Facility Location Stream Class: WS-IV Subbasin: 03-06-07 HUC: 03030002 Moncure Holding West, LLC NC0001899 Receiving Streams: Outfall 001 Haw River Outfall 002 Shaddox Creek Chatham County 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 penods 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/vanable volume a series of grab samples collected at equal tune 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 time/constant volume a series of grab samples of equal volume collected over a 24-hour period at a constant time interval Use of this method requires prior approval by the Director. This method may only be used in situations where effluent flow rates vary less than 15 percent The following restrictions also apply ➢ Influent and effluent grab samples shall be of equal size and of no less than 100 milliliters ➢ Influent samples shall not be collected more than once per hour ➢ Permittees with wastewater treatment systems whose detention time < 24 hours shall collect effluent grab samples at intervals of no greater than 20 minutes apart during any 24-hour period. ➢ Permittees with wastewater treatment systems whose detention time exceeds 24 hours shall collect effluent grab samples at least every six hours, there must be a minimum of four samples during a 24-hour sampling period Continuous flow measurement Flow monitoring that occurs without interruption throughout the operating hours of the facility. Flow shall be monitored continually except for the infrequent times when there may be no flow or for infrequent maintenance activities on the flow device. Daily Discharge The discharge of a pollutant measured during a calendar day or any 24-hour period that reasonably represents the calendar day for purposes of sampling. For pollutants measured in units of mass, the "daily discharge" is calculated as the total mass of the pollutant discharged over the day For pollutants expressed in other units of measurement, the "daily discharge" is calculated as the average measurement of the pollutant over the day (40 CFR 122.2, see also "Composite Sample," above.) Daily Maximum The highest "daily discharge" during the 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 Ag-.ncy Facihty Closure Cessation of all activities that require coverage under this NPDES permit Completion of facility closure will allow this permit to be rescinded Geometric Mean The Nth root of the product of the individual values where N = the number of individual values For purposes of calculating the geometric mean, values of "0" (or "< [detection level]") shall be considered = 1 Grab Sample Individual samples of at least 100 mL collected over a period of time not exceeding 15 minutes. Grab samples can be collected manually Grab samples must be representative of the discharge (or the receiving stream, for instream samples) Version 11109120111 NPDES Permit Standard Conditions Page 3 of 18 Hazardous Substance Any substance designated under 40 CFR Part 116 pursuant to Section 311 of the CWA. Instantaneous flow measurement The flow measured during the minimum time required for the flow measuring device or method to produce a result in that instance To the extent practical, instantaneous flow measurements coincide with the collection of any grab samples required for the same sampling period so that together the samples and flow are representative of the discharge during that sampling period Monthly Average (concentration limit) The arithmetic mean of all "daily discharges" of a pollutant measured during the calendar month In the case of fecal coliform or other bacterial parameters or indicators, the geometric mean of such discharges Permit Issuing Authority The Director of the Division of Water Resources Quarterly Average (concentration limit) The arithmetic mean of all samples taken over a calendar quarter. Severe property damage Substantial physical damage to property, damage to the treatment facilities which causes them to become inoperable, or substantial and permanent loss of natural resources which can reasonably be expected to occur in the absence of a bypass Severe property damage excludes economic loss caused by delays in production Toxic Pollutant - Any pollutant listed as toxic under Section 307(a)(1) of the CWA Upset An incident beyond the reasonable control of the Permittee causing unintentional and temporary noncompliance with pernut effluent limitations and/or monitoring requirements An upset does not include noncompliance caused by operational error, improperly designed treatment facilities, inadequate treatment facilities, lack of preventive maintenance, or careless or improper operation Weekly Average (concentration limit) The arithmetic mean of all "daily discharges" of a pollutant measured during the calendar week In the case of fecal coliform or other bacterial parameters or indicators, the geometric mean of such discharges Section B. General Conditions 1 Duty to Comply The Permittee must comply with all conditions of this permit Any permit noncompliance constitutes a violation of the CWA and is grounds for enforcement action, for permit termination, revocation and reissuance, or modification, or denial of a permit renewal application [40 CFR 122 41] a The Permittee shall comply with effluent standards or prohibitions established under section 307(a) of the CWA for toxic pollutants and with standards for sewage sludge use or disposal established under section 405(d) of the CWA within the time provided in the regulations that establish these standards or prohibitions or standards for sewage sludge use or disposal, even if the permit has not yet been modified to incorporate the requirement b The CWA provides that any person who violates section[s] 301, 302, 306, 307, 308, 318 or 405 of the Act, or any perrmt condition or limitation unplementing any such sections in a permit issued under section 402, or any requirement imposed in a pretreatment program approved under sections 402(a)(3) or 402(b)(8) of the Act, is subject to a civil penalty not to exceed $37,500 per day for each violation. [33 USC 1319(d) and 40 CFR 122 41(a)(2)] c The CWA provides that any person who negligently violates sections 301, 302, 306, 307, 308, 318, or 405 of the Act, or any condition or limitation implementing any of such sections in a permit issued under section 402 of the Act, or any requirement imposed in a pretreatment program approved under section 402(a)(3) or 402(b)(8) of the Act, is subject to criminal penalties of $2,500 to $25,000 per day of violation, or Version 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 criminal penalties of not more than $100,000 per day of violation, or imprisonment of not more than 6 years, or both [33 USC 1319(c)(2) and 40 CFR 122.41(a)(2)] e. Any person who knowingly violates section 301, 302, 303, 306, 307, 308, 318 or 405 of the Act, or any permit condition or limitation implementing any of such sections in a permit issued under section 402 of the Act, and who knows at that tune that he thereby places another person in imminent danger of death or serious bodily injury, shall, upon conviction, be subject to a fine of not 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)(111) of the CWA, shall, upon conviction of violating the ummment danger provision, be subject to a fine of not more than $1,000,000 and can be fined up to $2,000,000 for second or subsequent convictions. [40 CFR 122 41(a)(2)] f Under state law, a civil penalty of not more than $25,000 per violation may be assessed against any person who violates or fails to act in accordance with the terms, conditions, or requirements of a permit [North Carolina General Statutes § 143-215.6A] g Any person may be assessed an administrative penalty by the Administrator for violating section 301, 302, 306, 307, 308, 318 or 405 of this Act, or any permit condition or limitation implementing any of such sections in a permit issued under section 402 of this Act. Administrative penalties for Class I violations are not to exceed $16,000 per violation, with the maximum amount of any Class I penalty assessed not to exceed $37,500 Penalties for Class II violations are not to exceed $16,000 per day for each day during which the violation continues, with the maximum amount of any Class II penalty not to exceed $177,500. [33 USC 1319(g)(2) and 40 CFR 122 41(a)(3)] 2 Duly to Mitigate The Permittee shall take all reasonable steps to minimize or prevent any discharge or sludge use or disposal in violation of this permit with a reasonable likelihood of adversely affecting human health or the environment [40 CFR 122.41(d)] 3 Civil and Criminal Liability Except as provided in permit conditions on 'Bypassing" (Part ILC 4), "Upsets" (Part II.C.5) and "Power Failures" (Part ILC 7), nothing in this permit shall be construed to relieve the Permuttee 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 Propegy 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 injury to private property or any invasion of personal rights, nor any infringement of Federal, State or local laws or regulations [40 CFR 122 41(g)] 6 Onshore or Offshore Construction This permit does not authorize or approve ti=le 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 5 of 18 7 Severability The provisions of this permit are severable If any provision of this permit, or the application of any provision of this permit to any circumstances, is held invalid, the application of such provision to other circumstances, and the remainder of this pennit, shall not be affected thereby [NCGS 15013-23] 8 Duty to Provide Information The Permittee shall furnish to the Permit Issuing Authority, within a reasonable time, any information which the Permit Issuing Authority may request to determine whether cause exists for modifying, revoking and reissuing, or terminating this penmt or to determine compliance with this permit The Permittee shall also furnish to the Permit Issuing Authority upon request, copies of records required by this permit [40 CFR 122 41(h)] 9 Duty to Reapply If the Permittee wishes to continue an activity regulated by this permit after the expiration date of this permit, the Permittee must apply for and obtain a new permit [40 CFR 122 41(b)] 10 Expiration of Permit The Permittee is not authorized to discharge after the expiration date In order to receive automatic authorization to discharge beyond the expiration date, the Permittee shall submit such information, forms, and fees as are required by the agency authorized to issue permits no later than 180 days prior to the expiration date unless permission for a later date has been granted by the Director (The Director shall not grant permission for applications to be submitted later than the expiration date of the existing permit.) [40 CFR 122 21(d)] Any Permittee that has not requested renewal at least 180 days prior to expiration, or any Penmttee 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 Ili atory Requirements All applications, reports, or information submitted to the Permit Issuing Authority shall be signed and certified [40 CFR 122 41(k)] a All permit applications shall be signed as follows (1) For a corporation by a responsible corporate officer For the purpose of this Section, a responsible corporate officer means (a) a president, secretary, treasurer or vice president of the corporation in charge of a principal business function, or any other person who performs similar policy or decision making functions for the corporation, or (b) the manager of one or more manufacturing, production, or operating facilities, provided, the manager is authorized to make management decisions which govern the operation of the regulated facility including having the explicit or mnplicit 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 22] b All reports required by the permit and other information requested by the Permit Issuing Authority shall be signed by a person described in paragraph a. above or by a duly authorized representative of that person A person is a duly authorized representative only if - (1) The authorization is made in writing by a person described above, (2) The authorization specified either an individual or a position having responsibility for the overall operation of the regulated facility or activity, such as the position of plant manager, operator of a well or well field, superintendent, a position of equivalent responsibility, or an individual or position having overall responsibility for environmental matters for the company. (A duly authorized representative may thus be either a named individual or any individual occupying a named position), and (3) The written authorization is submitted to the Permit Issuing Authority [40 CFR 122 22] Version 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 22] 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 t,�e possibility offnes 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 Perrmttee 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 Mor_itoring 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 -evoke the permit Section C. Operation and Maintenance of Pollution Controls 1. Certified Operator Owners of classified water pollution control systems must designate operators, certified by the Water Pollution Control System Operators Certification Commission (WPCSOCC), of the appropriate type and grade for the system, and, for each classification must [T -_5A 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 Operatar(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, cr ➢ 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 1 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 I1, I1I 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 11 E 6 (24-hour notice) Prohibition of Bypass (1) Bypass from the treatment facility is prohibited and the Permit Issuing Authority may take enforcement action against a Permittee for bypass, unless. (A) Bypass was unavoidable to prevent loss of life, personal injury or severe property damage, (B) There were no feasible alternatives to the bypass, such as the use of auxiliary treatment facilities, retention of untreated wastes or maintenance 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 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 Permittee can identify the cause(s) of the upset, (2) The Permittee facility was at the tune 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 Penruttee complied with any remedial measures required under Part II.B.2. of this permit c Burden of proof [40 CFR 122 41(n)(4)1: The Penmttee seeking to establish the occurrence of an upset has the burden of proof in any enforcement proceeding 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 Permit Issuing Authority of any significant change in its sludge use or disposal practices 7 Power Failures The Permittee is responsible for maintaining adequate safeguards (as required by 15A NCAC 02H .0124) to prevent the discharge of untreated or inadequately treated wastes during electrical power failures either by means of alternate power sources, standby generators or retention of inadequately treated effluent. Section D. Monitoring and Records Representative Sam_plmg 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 permit and, unless otherwise specified, before the effluentjomns or is diluted by any other wastestream, body of water, or substance Monitoring points shall not be changed without notification to and the approval of the Permit Issuing Authority [40 CFR 122 410)] i Reportmg Monitoring results obtained during the previous month(s) shall be summarized for each month and reported on a monthly Discharge Monitoring Report (DMR) Form (MR 1, 1 1, 2, 3) or alternative forms approved by the Director, postmarked no later than the last calendar day of the month following the completed reporting period The first DMR is due on the last day of the month following the issuance of the permit or in the case of a new facility, on the last day of the month following the commencement of discharge Duplicate signed copies of these, and all other reports required 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 Flow Measurements Appropriate flow measurement devices and methods consistent with accepted scientific practices shall be selected and used to ensure the accuracy and reliability of measurements of the volume of monitored discharges The devices shall be installed, calibrated and maintained to ensure that the accuracy of the measurements is consistent with the accepted capability of that type of device Devices selected shall be capable of measuring flows with a maximum deviation of less than 10% from the true discharge rates throughout the range of expected discharge volumes Flow measurement devices shall be accurately calibrated at a minimum of once per year and maintained to ensure that the accuracy of the measurements is consistent with the accepted capability of that type of device The Director shall approve the flow measurement device and monitoring location prior to installation Once -through condenser cooling water flow monitored by pump logs, or pump hour meters as specified in Part I of this permit and based on the manufacturer's pump curves shall not be subject to this requirement 4 Test Procedures Laboratories used for sample analysis must be certified by the Division. Permittees should contact the Division's Laboratory Certification Section (919 733-3908 or http•//portal ncdenr org/web/wq/lab/cert) for information regarding laboratory certifications Facilities whose personnel are conducting testing of field -certified parameters only must hold the appropriate field parameter laboratory certifications Test procedures for the analysis of pollutants shall conform to the EMC regulations (published pursuant to NCGS 143-215 63 et seq.), the Water and Air Quality Reporting Acts, and to regulations published pursuant to Section 304(g), 33 USC 1314, of the CWA (as amended), and 40 CFR 136, or in the case of sludge use or disposal, approved under 40 CFR 136, unless otherwise specified in 40 CFR 503, unless other test procedures have been specified in this permit [40 CFR 122 411 To meet the intent of the monitoring required by this permit, all test procedures must produce mmimum 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 permit shall, upon conviction, be punished by a fine of not more than $10,000 per violation, or by imprisonment for not more than two years per violation, or by both If a conviction of a person is for a violation committed after a first conviction of such person under this paragraph, punishment is a fine of not more than $20,000 per day of violation, or by imprisonment of not more than 4 years, or both [40 CFR 122 41 ] 6 Records Retention Except for records of monitoring information required by this permit related to the Permittee's sewage sludge use and disposal activities, which shall be retained for a period of at least five years (or longer as required by 40 CFR 503), the Penmttee 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 mdividual(s) who performed the sampling or measurements, c The date(s) analyses were performed; d. The individual(s) who performed the analyses, e The analytical techniques or methods used, and f The results of such analyses. 8 Inspection and Entry The Permittee shall allow the 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 tunes 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, 'or 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 ReportinjZ Requirements 1 Change in Discharge All discharges authorized herein shall be consistent with the terms and conditions of this permit The discharge of any pollutant identified in this permit more frequently than or at a level in excess of that authorized shall constitute a violation of the permit. 2 Planned Changes The Permittee shall give notice to the Director as soon as possible of any planned physical alterations or additions to the permitted facility [40 CFR 122.41(1)]. Notice is required only when: a. The alteration or addition to a permitted facility may meet one of the criteria for new sources at 40 CFR 122 29(b); or b The alteration or addition could significantly change the nature or increase the quantity of pollutants discharged This notification applies to pollutants subject neither to effluent limitations in the permit, nor to notification requirements under 40 CFR 122 42(a)(1), or c. The alteration or addition results in a sigmuficant change in the Permittee'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 might result in noncompliance with the permit [40 CFR 122.41(1)(2)] 4. Transfers This permit is not transferable to any person without prior written notice to and approval from the Director in accordance with 40 CFR 122 61. The Director may condition approval in accordance with NCGS 143-215 1, in particular NCGS 143-215.1(b)(4)b 2, and may require modification or revocation and remssuance of the permit, or a minor modification, to identify the new permittee and incorporate such other requirements as may be necessary under the CWA [40 CFR 122.41(1)(3), 122.611 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 II.D 2) or forms provided by the Director for reporting results of monitoring of sludge use or disposal practices b If the Permittee monitors any pollutant more frequently than required by this permit using test procedures approved under 40 CFR Part 136 and at a sampling location specified in this permit or other appropriate instrument governing the discharge, the results of such monitoring shall be included in the calculation and reporting of the data submitted on the DMR 6 Twenty-four Hour Reporting a The Permittee shall report to the 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 Penmttee became aware of the circumstances A written submission shall also be provided within 5 days of the time the Permittee becomes aware of the circumstances The written submission shall contain a description of the noncompliance, and its cause, the period of noncompliance, including exact dates and times, and if the noncompliance has not been corrected, the anticipated time it is expected to continue, and steps taken or planned to reduce, eliminate, and prevent reoccurrence of the noncompliance [40 CFR 122 41(1)(6)] b The Director may waive the written report on a case-by-case basis for reports under this section of 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 ME 5 and 6 of this permit at the time monitoring reports are submitted The reports shall contain the information listed in Part II.E.6. of this permit [40 CFR 122 41(1)(7)] 8 Other Information Where the Permittee becomes aware that it failed to submit any relevant facts in a permit application, or submitted incorrect information in a permit application or in any report to the Director, it shall promptly submit such facts or information [40 CFR 122 41(1)(8)] 9 Noncompliance Notification The Permittee shall report by telephone to either the central office or the appropriate regional office of the Division as soon as possible, but in no case more than 24 hours or on the next working day following the occurrence or first knowledge of the occurrence of any of the following a. Any occurrence at the water pollution control facility which results in the discharge of significant amounts of wastes which are abnormal in quantity or characteristic, such as the dumping of the contents of a sludge digester, the known passage of a slug of hazardous substance through the facility, or any other unusual circumstances b Any process unit failure, due to known or unknown reasons, that render the facility incapable of adequate wastewater treatment such as mechanical or electrical failures of pumps, aerators, compressors, etc. c Any failure of a pumping station, sewer line, or treatment facility resulting in a by-pass without treatment of all or any portion of the influent to such station or facility Persons reporting such occurrences by telephone shall also file a written report within 5 days following first knowledge of the occurrence Also see reporting requirements for municipalities in Part IV C 2.c of this permit 10 Availabilityof f 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 41] 12. Annual Performance Reports Permittees who own or operate facilities that primarily collect or treat municipal or domestic wastewater and have an average annual flow greater than 200,000 gallons per day shall provide an annual report to the Permmt Issumg 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, mstall, 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 Pernattee 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 DischarlZes of Toxic Substances The Permittee shall notify the Permit Issuing Authority as soon as it knows or has reason to believe (40 CFR 122 42). a That any activity has occurred or will occur which would result in the discharge, on a routine or frequent basis, of any toxic pollutant which is not limited in the permit, if that discharge will exceed the highest of the following "notification levels", (1) One hundred micrograms per liter (100 µg/L), (2) Two hundred micrograms per liter (200 µg/L) for acrolem and acrylonitrile, five hundred micrograms per liter (500 µg/L) for 2,4-dinitrophenol and for 2-methyl-4,6-dinitrophenol, and one imilligram per liter (1 mg/L) for antimony, (3) Five tunes the maximum concentration value reported for that pollutant in the permit application b That any activity has occurred or will occur which would result in any discharge, on a non -routine or infrequent basis, of a toxic pollutant which is not limited in the permit, if that discharge will exceed the highest of the following "notification levels", (1) Five hundred micrograms per liter (500 µg/L), (2) One milligram per liter (1 mg/L) for antimony, (3) Ten times the maximum concentration value reported for that pollutant in the permit application Section D. Facility Closure Requirements The Permittee must notify the Division at least 90 days prior to the closure of any wastewater treatment system covered by this permit The Division may require specific measures during deactivation of the system to prevent adverse impacts to waters of the State This permit cannot be rescinded while any activities requiring this permit continue at the permitted facility 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 I1 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 Permittee) 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 Permittee's (or any satellite POTW's, if different from the Permittee) NPDES, collection system, or non -discharge permit [15A NCAC 02H 0903(b)(23)] Publicly Owned Treatment Works (POTW) A treatment works as defined by Section 212 of the CWA, which is owned by a State or local government organization This definition includes any devices and systems used in the storage, treatment, recycling and reclamation of municipal sewage or industrial wastes of a liquid nature. It also includes the collection system, as defined in 15A NCAC 2T 0402, only if it conveys wastewater to a POTW treatment plant. The term also means the local government organization, or municipality, as defined in sectiDn 502(4) of the CWA, which has jurisdiction over indirect discharges to and the discharges from such a treatment works In this context, the organization may be the owner of the POTW treatment plant or the owner of the collection system into which an indirect discharger discharges. This second type of POTW may be referred to as a "satellite POTW organization " [15A NCAC 02H .0903(b)(26)] "Significant Industrial User" or "SIU" An Industrial User that discharges wastewater into a publicly owned treatment works and that [15A NCAC 02H 0903(b)(33)] 1 Discharges an average of 25,000 gallons pe- 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 Pernuttee on the basis that the Industrial User has a reasonable potential for adversely affecting the POTW's operation or for violating any pretreatment standard or requirement, or the POTW's effluent limitations and conditions in its NPDES or non -discharge permit, or to limit the POTW's sludge disposal options, 5 Subject to approval under 15A NCAC 02H 0907(b), the Pernuttee may determine that an Industrial User meeting the criteria in paragraphs 1 or 2 of this definition above has no reasonable potential for adversely affecting the POTW's operation or for violating any pretreatment standard or requirement, the POTW's effluent limitations and conditions in its NPDES or non -discharge permit, or to limit the POTW's sludge disposal options, and thus is not a Significant Industrial User (SIU), or 6. Subject to approval under 15A NCAC 02H 0907(b), the Permittee may determine that an Industrial User meeting the criteria in paragraph 3 of this definition above meets the requirements of 40 CFR Part 403.3(v)(2) and thus is a non-significant categorical Industrial User. Section B. Publicly Owned Treatment Works (POTWs) Version 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. Effluent limitations are listed in Part I of this permit Other pollutants attributable to inputs from Industrial Users discharging to the POTW may be present in the Permittee'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 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 261.21, (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 mineral oil origin in amounts that will cause Interference or Pass Through, (7) Pollutants which result in the presence of toxic gases, vapors, or fumes within the POTW in a quantity that may cause acute worker health and safety problems, or (8) Any trucked or hauled pollutants, except at discharge points designated by the POTW c The Permittee shall investigate the source of all discharges into the POTW, including slug loads and other unusual discharges, which have the potential to adversely impact the Permittee's Pretreatment Program and/or the operation of the POTW The Permittee shall report such discharges into the POTW to the Director or the appropriate Regional Office Any information shall be provided orally within 24 hours 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 Permit Standard Conditions+ Page 16 of 18 3 With regard to the effluent requirements listed in Part I of this permit, it may be necessary for the Permittee to supplement the 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 thi 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 Pernuttee 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 mcorporate 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 Prollrams 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) ar-d nnplementmg 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 penmt [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 Divisicn 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-ru) 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 Pernuttee 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 s--parate Permittee with an approved Pretreatment Program The Pernuttee 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 II E 5.) [15A NCAC 02H 0903(b)(16), 0906(b)(3) and .0905] 4 Headworks Analysis (HWA) and Local Linuts 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 wr_tten technical evaluation of the need to revise local limits (i.e , an updated HWA or documentation of why one is not needed) [40 CFR 122 44]. The Permittee shall develop, in accordance with 40 CFR 403 5(c) and 15A NCAC 02H 0909, specific Local Limits to implement the prohibitions listed in 40 CFR 403 5(a) and (b) and 15A NCAC 02H 0909 Pursuant to 40 CFR 403.5, local limits are 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 Pennittee's collection system or treatment works These permits shall contain limitations, sampling protocols, reporting requirements, appropriate standard and special conditions, and compliance schedules as necessary for the installation of treatment and control technologies to assure that their wastewater discharge will meet all applicable pretreatment standards and requirements The Permittee shall maintain a current Allocation Table (AT) which summarizes the results of the HWA and the limits from all IUPs Permitted IUP loadings for each parameter cannot exceed the treatment capacity of the POTW as determined by the HWA [15A NCAC 02H 0906(b)(6), 0909, 0916, and 0917,40 CFR 403.5, 403 8(f)(1)(r11), NCGS 143-215 67(a)] 6 Authorization to Construct (AtQ The Permittee shall ensure that an Authorization to Construct permit (AtC)1s 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) hmmtatlons. [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 Pennrttee 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 403 121 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 taken, or proposed, by the Permittee to correct significant non- compliance and to ensure compliance with pretreatment requirements, b Pretreatment Program Summary (PPS) A pretreatment program summary (PPS) on forms or in a format provided by the Division; c Significant Non-Comphance 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 Industnal Data Summary Forms (IDSF) or on other forms or in a format provided by the Division, e Other Information Copies of the POTW's allocation table, new or modified enforcement compliance schedules, public notice of IUs in SNC, a summary of data or other information related to significant noncompliance determinations for IUs that are not considered SIUs, and any other information, upon request, which in the opinion of the Director is needed to determine compliance with the pretreatment implementation requirements of this permit, 11 Public Notice The Permittee shall publish annually a list of Industrial Users (IUs) that were in significant noncompliance (SNC) as defined in the Permittee's Division -approved Sewer Use Ordinance with applicable pretreatment requirements and standards during the previous twelve month period This list shall be published within four months of the applicable twelve-month period [15A NCAC 02H 0903(b)(34), 0908(b)(5) and 0905 and 40 CFR 403 8(f)(2)(viii)] 12 Record Keeping The Permittee shall retain for a mmimum 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(£). [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 Pro ams Modifications to the approved pretreatment program including but not limited to local limits modifications, POTW monitoring of their Significant Industrial Users (SIUs), and Monitoring Plan modifications, shall be considered a permit modification and shall be governed by 40 CFR 403 18, 15 NCAC 02H 0114 and 15A NCAC 02H 0907 Version 11/09/2011 1 WNW North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Charles Wakild, P E. Dee Freeman Governor Director Secretary June 22, 2012 MEMORANDUM TO: Aquifer Protection Section Staff Interested Parties FROM: Ted L. Bush, Jr., Deputy Direct Division of Water Quality ��, b SUBJECT: Guidelines for the Closure o itted Wastewater Ponds and Lagoons Purpose The purpose of these guidelines is to provide a course of action for the closure of permitted Non -Discharge wastewater treatment ponds, storage ponds, or lagoons. According to G.S. 143-215.1, construction and operation of any sewer system, treatment works or disposal system within the state of North Carolina requires a permit. 15A NCAC 2T .01050) requires that waste treatment systems (or parts thereof, such as lagoons, storage ponds, etc.) authorized by a permit must be properly closed before that permit (or parts thereof) can become inactive These guidelines provide clarification as to what "properly closed" entails. While each structure must be considered for its unique circumstances, the Aquifer Protection Section (APS) has outlined general procedures (attached) to be used for closure of wastewater treatment ponds and lagoons permitted by the Section. These guidelines are not intended to address lagoons used for animal waste and their associated facilities, or ponds used for the storage of coal combustion by-products. However, it is the intent of APS to require similar close out procedures for comparable scenarios in coordination with other permitting agencies such as the Surface Water Protection, or other interested parties. These guidelines supersede Guidelines for the Closure of Treatment Ponds and Lagoons implemented August 18, 2003. Closure Approval The closure of a Non -Discharge permitted 'wastewater treatment or storage pond or lagoon should begin with notification by the permittee to the APS. This should include a request to close a specific permitted pond or lagoon, and an indication whether the permit should be modified or rescinded. APS will make available the attached closure checklist/ guidelines to the permittee, who should propose a closure plan based on the attached guidelines. This closure plan should generally include or describe the following (see next page): 1617 Mail Service Center, Raleigh. North Carolina 27699.1617 Location 512 N Salisbury St Raleigh, North Carolina 27604 Phone 919-80163001 FAX 919-807-6492 Internet www n, cwatemualily org An Equal Opportunity ! Affirmative Action Employer One NorthCarolina Natmally Guidelines for the Closure of Permitted Wastewater Treatment Storage Ponds and Lagoons • Checklist with chosen cptions and requirements indicated (Attachment A, page A-1) • Historical use of impoundment (include all waste streams) and current status • Future plan for site • Disposal options for wastewater • Disposal options for sludge • Sludge disposal location(s) • Sampling plan for wastewater and/or sludge Once the permittee submits their closure plan, a preliminary inspection will be conducted and an inspection report with additional closure instructions (if needed) will be presented to the permittee. The permittee will then submit a final closure report documenting their closure procedure. The final closure report may include the following: • Sampling results • Volume of sludge disposed and location • Companies/Contractors involved • Final Certifications The Regional Office will conduct a final inspection and present the results of that inspection to the permittee, along with their recommendation to the APS Central Office for approval or disapproval of a permit modification or rescission Applicable Regulations tions Regulations that may be applicable to the abandonment of Not -Discharge permitted ponds and lagoons are listed below. These guidelines do not go into the detailed requirements of the regulation listed. However, each bullet summarizes how the regulation may be applicable to the action requested. Title 15A NCAC 2L, Classifications and Water Quality Standards Applicable To The Groundwaters of North Carolina. This regulation requires that groundwaters must be protected to a level of quality at least as high as that required under standardE established in Section .0202 of that Rule. Title 15A NCAC 2T, Waste Not Discharged to Surface Waters This rule establishes requirements that are protective of surface water and groundwater standards for systems that treat, store, transport, and dispose of residuals and do not discharge waste to surface waters. Other pertinent standards and regulations may be found in the Department of Environmental and Natural Resources (DENR) Division of Land Resources (DLR) regulations pertaining to Sedimentation and Erosion Control and Dam Safety, the DENR Division of Waste Management (DWM) regulations pertaining to the disposal of wastes and sludge, and the Department of Transportation (DOT) regulations pertaining to transportation of materials on public highways. cc: Surface Water Protection (Matt Matthews) Attachments A. Checklist and Instruction Items B. Flow Charts Page 2 ATTACHMENT A CLOSURE OF PERMITTED WASTEWATER PONDS AND LAGOONS Checklist and Instruction Items The purpose of the following checklist and instruction items is to aid in the development of a closure plan for a permitted Non -Discharge wastewater pond or lagoon to be submitted to the appropriate APS Regional office for approval. The following checklist allows the applicant to identify the type of lagoon to be closed, and the preferred closure and disposal options. The selected options include references to instruction items (e.g. Item A) found on subsequent pages of this attachment. The instruction items describe what steps are expected to be complete prior to approval of the closure plan, including expected sampling and monitoring, and final certifications of complete closure. Note that the following steps are not all inclusive, as each site is unique and may have varying site conditions. In addition, flowcharts (Attachment B) have been provided as an alternate to the instructional Items A- H These charts contain the same information, but give a visual representation of the closure process. For questions, contact the approving APS Regional Supervisor. Please check all items below that apply and submit a completed copy with the lagoon closure plan. 1. Type of Pond or Lagoon System a. Primary and Secondary Biological Wastewater Lagoon Systems (examples: food processing treatment lagoons, municipal treatment systems without pretreatment programs, neighborhood treatment systems). b. Primary and Secondary Industrial Wastewater Lagoon Systems(examples: non-food type industrial treatment systems, municipal treatment systems with pretreatment program). c. Tertiary Wastewater Pond Systems ( examples: wastewater biological treatment systems with tertiary treatment to include infiltration disposal pond systems, effluent polishing pond systems). II. Closure Options — Structure a. Conversion to Non -Wastewater Pond — Change of Use (Item B) b. Complete or partial removal of structure (Items G) c. Site Reclamation (Item F and H) 11I, Final Liquid and Solid Content Dispcsal Options a. Wastewater Disposal to Onsite Permitted Field (Item A) b. Wastewater Disposal through Pump and Haul (Item A) c. Sludge Disposal to Permitted Site (Items C and D) d. Sludge Left in Place (Items C and E) IV. Sampling and Monitoring Requirements a. Wastewater Sampling Required (Items A and B) b. Soil and Sludge Sampling Required (Items C and F) c. Groundwater Monitoring Required (Item G) V. Final Certification Required for Closure Activities, as required in Item I. a. Structural Deconstruction (Professional Engineer or Hydrogeologist) b. Wastewater Disposal (Facility ORC) c. Sludge Disposal (ORC / Licensed Sludge Land Application Contractor) d. Other (Explain: A-1 Attachment A June 22, 2012 ATTACHMENT A CLOSURE OF PERMITTED WASTEWATER PONDS AND LAGOONS Item A. Wastewater Sampling. Analysis, and Disposal 1.. Pond samples require a composite sampling technique. Samples should be composited from several locations. An adequate number of representative and composite samples should be taken and developed respectively. 2. For permitted disposal sites, sample and analyze wastewater in accordance with permit conditions. In the absence of permit specified monitoring, sample for the following parameters: a. Fecal coliform bacteria, chlorine residuals (if used as disinfectant), total nitrogen, BOD5, TSS, pH. b. Other parameters may be required based on waste streams, as directed by the APS Regional Supervisor. 3. All wastewater samples must be analyzed by a DWQ-certified laboratory. 4 Once the wastewater is sampled, the pond/lagoon can be dewatered to a permitted disposal site (uniform application of wastewater) or through a pump and haul permit. 5. Remove or plug all inflow and outflow piping, etc to the pond/lagoon Item B. Conversion to Non -Wastewater Pond (Tertiary Treatment Ponds Only) 6. Determine pond liquid volume (if water accumulates after complete disposal per Item A, Wastewater Sampling, Analysis, and Disposal). 7. If some sludge remains, sludge can be left in place, in accordance with Item E#23 below. Otherwise, remove all residuals and dispose of properly per Item D, Sludge and Soil Disposal. 8. Disinfect and/or treat pond to meet Item B#11 requirements below. 9. Sample pond (see Item A, Wastewater Sampling, Analysis, and Disposal) 10 No pond discharge is allowed to surface water without prior approval from an appropriate Surface Water Section Regional Office. Note that pond discharge to class SA waters is not allowable. 11. All discharges must meet water quality standards applicable to receiving stream classification or per limits provided by DWQ when water quality stream standards for monitored parameters are not defined. Item C. Soil and Sludge Analysis 12. All soil and sludge samples require a composite sampling technique. An adequate number of representative and composite samples should be taken and developed respectively. Thickness of sludge or soil and surface acreage should be considered. Example: one composite sample per acre foot. 13. All soil and sludge samples must be analyzed by a DWQ-certified laboratory. 14. For biological wastewater lagoons systems and tertiary wastewater pond systems, soil or sludge shall be sampled for. a. Pathogen and Vector Attraction Reductions. Testing should be done per 15A NCAC 02T.1 100. If project concerns only a tertiary pond, and pond sediments/sludge meets Class A pathogen reduction requirements (maximum of 1000 fecal coliform bacteria colonies per gram of total solids), additional characterization for pH, metals, nutrients, and solids as stated in 14.b and 14 c (below) may not be required, as determined on a case by case basis. b Arsenic, cadmium, chromium, copper, lead, mercury, molybdenum, nickel, selenium, zinc, TKN, ammonia nitrogen, nitrate/nitrite, nitrogen, phosphorus, sodium, calcium, magnesium (mg/kg dry wt basis), percent total solids and pH. c. Other parameters may be required based on waste streams, as directed by the APS Regional Supervisor. A-2 Attachment A June 22, 2012 ATTACHMENT A CLOSURE OF PERMITTED WASTEWATER PONDS AND LAGOONS 15. For industrial wastewater lagoon systems, this should be the same as biological wastewater lagoon system sampling plus site-specific parameters and hazardous characterization to include, but not limited to, TCLP, ignitability, corrosivity and reactivity. 16. If the sludge or soil samples are: a. Required to be analyzed for hazardous characteristics and results exceed hazardous characteristics regulatory limits, the material needs to be removed and reported to and managed in accordance with the Hazardous Waste Section in the Division of Waste Management. b. Not required to be analyzed for hazardous characteristics or results do not exceed the hazardous characteristics regulatory limits, the soil can be left in place if the following conditions are met: i. Total concentrations of contaminants in soil do not exceed protection of groundwater soil concentrations for North Carolina based on 2L standards, as calculated using theTransport Model for Calculation of Soil -to -Groundwater Concentrations from the USEPA 1996 Soil Screening Guidance document. (The EPA Transport model can be found in the "Soil Remediation Goals Table" at hn://portal.ncdenr.or web/wm/sf/ihslihs ui g_de or the "2L, MCL, and Soil Screening Levels Table" at W://portal.nedenr.org/web/wm/hw/technical/guidance.) ii. Total concentrations of contaminants in the soil exceed protection of groundwater soil concentrations for North Carolina, but results do not exceed naturally -occurring background concentrations, iii. A more stringent soil clean-up level is not necessary due to site specific conditions as determined by the Division. For sludge left in place, see Item E, Sludge Left in Place. For sludge disposal, see Item D, Sludge and Soil Disposal. c. Not required to be analyzed for hazardous characteristics or results do not exceed hazardous characteristics regulatory limits, but total concentration results exceed corresponding protection of groundwater soil concentrations for North Carolina as calculated using the Transport Model from the USEPA 1996 Soil Screening Guidance document described in 16(b)(i), soil and sludge must be disposed of according to Item D, Sludge and Soil Disposal. For soils that exceed protection of groundwater levels, Item G, Groundwater Post Closure Monitoring, must also be considered. 17. For ponds or lagoon bottoms that intercept groundwater, Regional Offices will determine what type of sampling is required for the remaining contents on a case by case basis. Item D. Sludge and Soil Disposal 18. Measure surface area and depth of sludge and soil (if required) to determine disposal volume 19. Sample sludge and soil (if required) for permitted disposal option including pathogen and vector attraction reduction verification (see Item C, Soil and Sludge Analysis) 20. If a tertiary pond and sludge/sedimerts meet Class A pathogen and vector attraction reduction requirements, sludge/sediments can be land applied uniformly on site without sludge permitting action (additional sludge or soil characterization may not be required, as determined on a case by case basis). 21. If sludge or soil does not meet Class A pathogen and vector attraction reduction requirements, sludge/sediments may require a permit modification to land apply. 22. Pathogen and vector attraction reduction testing will not be required if sludge or soil is taken to a permitted compost or another treatment facility for further stabilization. A-3 Attachment A June 22, 2012 ATTACHMENT A CLOSURE OF PERMITTED WASTEWATER PONDS AND LAGOONS Item E. Slud a Left in Place 23. For closure purposes, the Division of Water Quality considers it practical to remove sludge content from structures. The Division will evaluate the applicability of leaving any remaining volume of sludge content in the structure on a case by case basis. Sufficient technical justification shall be provided to support such recommendation. Item F. Liner Demolition/Dis osal 24. If a synthetic liner is present, remove synthetic liner, scarify/rip/disk underlying material in cases where there is no potential benefit for reuse of the structure based on projected future site use. a. If there are no historical problems with the lagoon (documented seepage, etc.) and the liner is intact after dewatering with no visible indications of seepage, soil sampling may still be required on a case-by-case basis. b. If liner and/or lagoon issues are documented, the soil material under the synthetic liner should be sampled according to Item C, Soil and Sludge Analysis. 25. If clay liner is present, scarify/rip/disk and/or remove and reuse as cap if filling. If the liner is natural clay, sampling may be required on a case by case basis if the following conditions are not met: a. Based on existing groundwater monitoring data, no groundwater violations are present, b. Domestic wastewater systems only, c. Surficial layer of earthen material (top 6" —12") removed , and d. All sludge removed and the remaining material is only soil and not co -mingled soil/sludge. 26. If the clay liner does not meet the conditions in #25 above, the clay liner should be sampled according to Item C, Soil and Sludge Analysis. 27. If a pond or lagoon does not have a liner, the underlying soil should be sampled according to Item C, Soil and Sludge Analysis. Item G. Groundwater Post Closure Monitorina 28. For facilities with no historic groundwater monitoring, monitoring may be required based on post closure soil sample results. Contact Regional Office for directions. If groundwater monitoring is not required, permittee can petition the Division for rescission once the site is reclaimed. 29. For ponds or lagoons with historic groundwater monitoring and no groundwater violations were detected, no further groundwater monitoring will be required, as recommended by the Regional Office based on existing data. 30 For ponds or lagoons with historic groundwater monitoring and/or 15A NCAC 2L standards were exceeded, the following actions would be required: a. Maintain permit with limited actions as recommended by the Regional Office (e.g. annual groundwater monitoring and reporting). b. Continue groundwater monitoring as permitted for a minimum of three sampling events. i. If there are no further groundwater exceedances detected or exceedances show a trend of lowering toward groundwater standards, the permittee could petition the Division for permit rescission. ii. If groundwater exceedances continue at the same level, continued monitoring and or site evaluation would be required at the Regional Office Supervisor's discretion. c. In lieu of groundwater monitoring, the Permittee may provide predictive calculations, acceptable to the Director, to demonstrate groundwater standards can be met at the property boundary. A-4 Attachment A June 22, 2012 ATTACHMENT A CLOSURE OF PERMITTED WASTEWATER PONDS AND LAGOONS Item H. Berms/Laaoon Walls and Site Reclamation* 31. In cases where retention of municipal structures provides no value based on projected future site use, it is recommended that minimal demolition be performed to breach or remove sidewalls (dependent on the size) when the liner is demolished. Minimal demolition may be considered feasible in cases where retention of the structure or a portion thereof poses minimal risks based on conditions such as low population densities of surrounding areas, low hazard environment, low probability of encroaching development, etc. 32. For privately owned and higher risk municipal structures, more extensive structure demolition is recommended to include, but not be limited to, removal of berms/dike walls and general grading of project site. 33. If structure is completely constructed at or below grade, fill with clean material (partial or complete, depending on size) and/or grade site to minimize any hazards posed by existing conditions. 34. If structure is finished in the groundwater table, see Item C #17. 35. Stabilize the site with vegetation. Establishment of trees, grasses, and other viable cover crops should be considered to assist site stabilization and with removing any remaining nutrients. *Recognize the added value of planned reclamation efforts. Reclamation activities incorporating created artificial wetland systems, planted trees, and other pro -active actions viewed as either mitigation efforts or secondary environmental protection measures may assist with enabling the closure project to qualify for recognition and benefit from other environmental programs, such as those offered through conservation easements. Item 1. Final Certifications 36. For deconstruction including berm removal, berm breaching, or liner destruction, submit a letter certified by the overseeing professional engineer that action was taken according to the approved plan, as well as all local and state regulations. 37 For wastewater disposal, submit a copy of the monitoring report that documents lagoon wastewater disposal activities, certified by the facility ORC. 38. For sludge disposal, submit a copy of the records documenting lagoon sludge disposal, certified by the licensed sludge land application contractor if land applied. If sludge was disposed of in a landfill, records from the receiving facility shall be provided. 39. Sampling results from any post -closure sampling conducted at the facility to document proper removal of sludge in accordance with the approved closure plan shall be submitted. 40. Photos of closure activities documenting conditions prior to initiating closure, closure activities, and post - closure conditions are recommended, but not required. 41. Other. A-5 Attachment A June 22, 2012 ATTACHMENT B The following flowcharts are a visual alternate to the information provided in Instructional Items A -H in Attachment A. The checklist provided in Attachment A must still be completed, whether the Instruction Items or flowcharts are used. Final certification requirements are only found in Item I in Attachment A. Attachment B — Closure of Permitted Wastewater Ponds and Lagoons Flow Chart 1-- Wastewater Sampling and Disposal' START HERE Toes the site Sample lagoon wastewater in have permitYES accordance with the permit specific conditions. monitoring? [a*] Using an adequate number of representative composde samples, test for fecal col -form bacteria, chlorine residuals (if used as disinfectant), total nitrogen, BODS, TSS, and pH. Other parameters may be required by Regional Office based on waste streams. Samples should be composited from several locations. All samples must be analyzed by a DWQ- certified laboratory. Dewater pond/lagoon to permitted disposal site or through a pump and haul nemtit Issued by DWQ. Remove or plug all inflow and outflow piping Does sludge YES Proceed to Flow Chart 2 — Sludge Analysis remain? and Disposal. NO Proceed to Flow Chart 3 — Liner Demolition and Disposal. 'No pond discharge is allowed to surface water without prior approval from an appropriate Surface Water Section Regional Office. All discharges must meet water quality standards applicable to receiving stream classification or per limits provided by the Division of Water Quality when water quality standards for monitored parameters are not defined. Pond discharges to class SA waters Is OT allowable. Attachment B1 June 22, 2012 If water accumulates after disposal, determine pond liquid volume and disinfect/treat pond Of necessary) to meet If you have a water quality standards applicable to tertiary pond, YES receiving stream classiflcation or per limits do you want to provided by DWQ when water quality convert to non- stream standards for monitored ? wastewaterr parameters are not defined Sample as in previous step END If sludge remains, proceed to Flow Chart 2 — Sludge NO Analvsis and Disoosal. Does sludge YES Proceed to Flow Chart 2 — Sludge Analysis remain? and Disposal. NO Proceed to Flow Chart 3 — Liner Demolition and Disposal. 'No pond discharge is allowed to surface water without prior approval from an appropriate Surface Water Section Regional Office. All discharges must meet water quality standards applicable to receiving stream classification or per limits provided by the Division of Water Quality when water quality standards for monitored parameters are not defined. Pond discharges to class SA waters Is OT allowable. Attachment B1 June 22, 2012 Attachment S — Closure of Permitted Wastewater Ponds and Lagoons Flow Chart 2 — Sludge Analysis and Disposal CONTINUED FROM FLOWCHART 1— WASTEWATER SAMPLING, ANALYSIS, AND DISPOSAL What type of wastewater lagoon system Is present? Ethological' Industrial' Tenbaryh Using an adequate number of representative and composite samples, test for. 1. Pathogen and Vector Attraction Reduction per 15A NCAC 02T 11002A 2. Arsenic, cadmium, chromium, copper, lead, mercury, molybdenum, nickel, selenium, zinc, TKN. ammonia nitrogen, hdratehtitnte, nitrogen, phosphorous, sodium, calcium, and magnesium In mglkg dry weight basis, Percent total solids, and pH? Samples required to be tested for hazardous Using an adequate number of Using an adequate number of representative composite samples. representative and composite test for Pathogen and Vector samples, test for • Attraction Reduction per 15A 1. Pathogen and Vector NCAC 02T .I 1100 Attraction Reduction per Procaad to Flow Chart 3 — Liner 15A NCAC 02T .1100Z' Demolition and Disposal. 2. Arsenic, cadmium, LlnarDemo0thm and Disposal. chromium. capper, lead, Flaw Chart 3— Liner Demolition mercury, molybdenum, Do samples nickel, selenium, zinc, meet Class A TKN, ammonia nitrogen, pathogen n trate/nihRe, nitrogen, reduction phosphorous, sodium, requirements? calcium, and magnesium In mglkg dry weight basis, percent total solids, and NO pH. 3 Site-spectic parameters Test for arsenic, cedrrium, chromium, copper, lead, mercury, molybdenum, nickel, selenium, zinc, TKN, ammonia nitrogen, mtrateinitnte, nitrogen, phosphorous, sodium, talcum, and rnagneslum In mgncg dry weight basis, percent total solids, and pH.3 YES Test for TCLP, t mtabhl 9 itY, ------------------------- cortoshny, and reactivity s YES Do the results Detenmme vchume of sludge then Do the resuhs excavate. Manage and report exceed hazardous YES material in accordance with waste Hazardous Waste Section guidelines. characteristics? Procaad to Flow Chart 3 — Liner Model In the USEPA Demolition and Disposal. NO LlnarDemo0thm and Disposal. Do the results Sludge can be left in piece or land exceed groundwater May require permit modification protection sol levels to land appy+ for NC as calculated YES Contact DWQ Regional Office using the Transport for more information Model In the USEPA Proceed to Flow Chart 3 — 1996 Soo Screening LlnarDemo0thm and Disposal. ---------- 1 NO 1 NO May require permit modification to land appy. Contact DWQ Regional Office for mac Information. Proceed to Flow Chart 3 — Liner Demolition and Disposal. ' Forponds orlegoon bottoms that intercept groundwater, DWQ w111 detemane what type ofsampling Is required far the remaining contents on a case by case basis 2 Pathogen and vector atbectlon reduction testing vWl not be required rf sludge is taken to a permitted compost oranother treatment facility for furtherstabrlhsrhon, Samples to be analyzed by DWQ-owed laboratory 4Fordasure purposes, DWQ consrders rt practical to remove sludge content from structures. D1M7 w9levaluate the applicability of leaving any remaining volume of sludge on a case by rase basis. Sudffdent technical prshfrcaffon shall be provided to support such recommendation. Attachment lit June 22, 2012 Sludge can be left in piece or land applied uniformly on site without Do samples DWQ permitting aetion.4 meet Class A YES n sludge k left in place, proceed to L: Flow Chart b — Groundwater Post reduction Closure Monitoring. requirements? If sludge Island applied, proceed to Flaw Chart 3— Liner Demolition and Disposal. NO May require permit modification to land appy. Contact DWQ Regional Office for mac Information. Proceed to Flow Chart 3 — Liner Demolition and Disposal. ' Forponds orlegoon bottoms that intercept groundwater, DWQ w111 detemane what type ofsampling Is required far the remaining contents on a case by case basis 2 Pathogen and vector atbectlon reduction testing vWl not be required rf sludge is taken to a permitted compost oranother treatment facility for furtherstabrlhsrhon, Samples to be analyzed by DWQ-owed laboratory 4Fordasure purposes, DWQ consrders rt practical to remove sludge content from structures. D1M7 w9levaluate the applicability of leaving any remaining volume of sludge on a case by rase basis. Sudffdent technical prshfrcaffon shall be provided to support such recommendation. Attachment lit June 22, 2012 Attachment B — Closure of Permitted Wastewater Ponds and Lagoons Flow Chart 3 — Liner Demolition and Disposal' CONTINUED FROM FLOW CHART 1 —WASTEWATER SAMPLING, ANALYSIS, AND DISPOSAL OR FLOWCHART 2 —SLUDGE ANALYSIS AND DISPOSAL What type of liner is Clay Liner I I I No Liner I I Synthetic Liner in Is Remove liner, Solt sem ScariVrip/ disk and/or sampling scarify/ripl disk remove and reuse as required. underlying material In cap if filling. Proceed to Flow cases where there Is no Chart 4. potential benefit for reuse of the structure based on projected future site use. / Are all of the following true? a Groundwater sampling has been documented and no groundwater violations are Sod sampling is required NO YES HlstoricaI present. Proceed to Flow Chart 4 — problems or b. The system is Soil Analysis and damaged domestic waste - Disposal. liner? water only. c The surficial layer of earthen material was removed. NO d. No residuals \ remain. Soil sampling may be required on a case-by-case basis. Proceed to Flow Chart 5 — Groundwater Post Closure Monitoring. YES Proceed to Flow Chart 6 — Site Reclamation. ' For closure purposes, the DWQ considers it practical to remove sludge content from structures. DWQ will evaluate the applrcablllty of leaving any remaining volume of sludge content In the structure on a case-by-case basis. Sufrclent technicallustrflcaSon shal/be provided to support recommendation. Attachment B3 June 22, 2012 Attachment B — Closure of Permitted Wastewater Ponds and Lagoons Flow Chart 4— Soil Analysis and Disposal CONTINUED FROM FLOW CHART 3 — LINER DEMOLITION AND DISPOSAL LDoeazardoWhat type o! wastewater lagoon system is present? hazardous waste ! charactedstics? Biological' lndustnap Tertiary' i pathoger reductionGroundwater — Post Closure Using an adequate number of Using an adequate number of requirements? rresmesertati cote number o} composite samples, representative and composite r representative and composite samples, test for: test for Pathogen and Vector Vector I. i I 1 Pathogen and Vector Attractionuction r 15A Pathogen and Vector for NC as caladated Attraction Reduction per NCAC .1100.E Attraction Reduction per 15A NCAC 02T 1100" Prouaclmoniroto flow Chan b — 15A NCAC 02T.1 1007,3 Madusine! n f118 USEPA 2. Arsenic, cadmium. I 2. Arsenic, cadmium. Monitoring. chromium, copper, lead, Guidance documaint" chromium, copper, lead, r mercury, molybdenum, mercury, molybdenum, nickel, selenium, zinc, Do samples nickel, selenium, zinc, TKN, ammonia nitrogen, r TKN, ammonia nitrogen, meet Class A pathogen mtrateN nte, nitrogen, r itratehtitnte, nitrogen, phosphorous, sodium. reduction phosphorous, sodium, and magnesium in calcium, and magnesium requirements?calcium, mg/kg dry weight basis, in mgAg dry weight basis, percent total solids , and percent total solids. and NO p i 3. Site-specfic parameters 3 I 1 Test for arsenic, cadmium, chromium, capper, lead, mercury, molybdenum, nickel, selenium, zinc, TKN, ammonia nitrogen, rfitrate/nitrite, nitrogen, phosphorous, sodium, calcium, and magnesium in mgfkg dry weight basis, percent total solids, Samples and H o be YESor Test for TCLP, Igndabdity,uswnosivdy, end readivdy 7-------------------------sbcs7 NO NO Detmmine volume of soil then excavate. Manage and report material In accordance with Hazardous Waste Section guidelines. Proceed to Flow Chan 5 - Groundwater Post Cbsure i Dosamplea eat=seA YESProceedtoFlowChanb Seg can be left in place. i pathoger reductionGroundwater — Post Closure j requirements? r r r r Oo the results i I exceed groundwater protection soil leveis Groundwater post closure i for NC as caladated required - May require penmt modiieatlon to Prouaclmoniroto flow Chan b — r Madusine! n f118 USEPA Groundwater Post Closure I 1896 son Screening Monitoring. r Guidance documaint" r i r r YES j iNO 1 i I i I 1 r Dosamplea eat=seA YESProceedtoFlowChanb Seg can be left in place. i pathoger reductionGroundwater — Post Closure j requirements? Monitoring. r I t — .—r NO May require penmt modiieatlon to land apply. Contact DWD Regional Office for moreinformation, Proceed to Flow Chart b — Groundwatw Post Closure I Forponds or lagoon bottoms that intercept groundwater, DWQ will determine what type orsampl/ng Is required for the remaiMng contents On a ease by case basis "Pathogen and vectora8rac tion reduchon testing will not be mgmied Hsludge is taken to a permitted compost or another treatment faa7dytor furdrer stabikzabon Samples to be analyzed byDINt}cerhf iflaboretory if soul concentration results exceed grounduaater protection levels but do not exceed natuMy occuffing sail background concentmllons, then they are not considered an exceedence. Attachment 64 June 22, 2012 Attachment B — Closure of Permitted Wastewater Ponds and Lagoons Flow Chart 6 — Groundwater Post Closure Monitoring CONTINUED FROM FLOW CHART 2 — SLUDGE ANALYSIS AND DISPOSAL, FLOW CHART 3 — LINER DEMOLITION AND DISPOSAL, OR FLOWCHART 4 —SOIL ANALYSIS AND DISPOSAL Has there NO Is groundwater NO been historic monitoring Proceed to Flow Chart 6 — groundwater required? Site Reclamation. monitoring? . YES YES Contact DWQ Regional Office to approve well locations before Installabon. Sampling of Np No further groundwater monitoring wells Indicate is required. Proceed to Flow groundwater Chart 6 —Site Reclamation. violations? YES Maintain permit with limited actions In lieu of groundwater monitoring, predictive calculations, Continue groundwater monitoring as acceptable to the Director, can be submitted to demonstrate permitted for minimum of three groundwater standards can be met at the property sampling events. boundary Proceed to Flow Chart 6 —Site Reclamation. if After minimum of three sampling events, are groundwater NO Proceed to Flow Chart 6 — Site violations detected Reclamation. or exceedances \not showing a lowering trend? YE5 ' Continue monitoring on a schedule set by DWQ Regional Office Supervisor Attachment 135 June 22, 2012 Attachment B — Closure of Permitted Wastewater Ponds and Lagoons Flow Chart 6 — Site Reclamation' CONTINUED FROM FLOW CHART 3 — LINER DEMOLITION AND DISPOSAL OR FLOW CHART 5 — GROUNDWATER POST CLOSURE MONITORING Berms/Lagoon Walls2 YES Is the structure privately owned or high risk municipal? NO Is the structure completely constructed at or below grade? NO Is the structure finished in the groundwater table? YES Contact DWQ Regional Office to determine what type of sampling will be requlred Then, proceed to appropriate Flow Chart Recommended more extensive structure demolition (e.g removal of berms/dike walls, general grading, etc.) Stabilize the site with vegetation. END YES Fill with clean material and/or grade site. Stabilize the site with vegetation. END Recognize the added value of planned reclamation efforts. Reclamation activities Incorporating created artificial wetland systems, planted frees, and other pro- active actions viewed as either mitigation efforts orsecondary environmental protection measures may assist with enabling the closure project to qualify for recognition and benefit from other environmental programs, such as those offered through conservation easements 2 in cases where retention of municipal structures provides no value based on projected future site use, It Is recommended that minimal demolition be performed to breach or remove sidewalrs (dependent on the size) when the liner is demolished Minimal demolition maybe considered feasible In cases where retention of the structure or a portion thereof poses minimal risks based on conditions such as low population densities of surrounding areas, low hazard environment low probability of encroaching development etc. Attachment B6 June 22, 2012