NC0025534_Final Permit_20171211

Water Resources
Environmental Quality
December 11, 2017
Lee Smith, Utilities Director
City of Hendersonville
305 Williams Street
Hendersonville, North Carolina 28792
ROY COOPER
Governor
MICHAEL S. REGAN
Secretary
LINDA CULPEPPER
Interim Director
Subject: Final NPDES Permit Renewal
Permit NCO025534
Hendersonville WWTP, Class 4
Henderson County
SIC Code 4952
Dear Mr. Smith:
Division personnel have reviewed and approved your application for renewal of the subject permit.
Accordingly, we are forwarding the attached NPDES permit. This permit is issued pursuant to the
requirements of North Carolina General Statute 143-215.1 and the Memorandum of Agreement
between North Carolina and the U.S. Environmental Protection Agency dated October 15, 2007
(or as subsequently amended).
Please note that the receiving stream is listed as impaired for benthos and fish community on the
North Carolina 2014 303(d) Impaired Waters List. Addressing impaired waters is a high priority
with the Division, and instream data will continue to be evaluated. If there is noncompliance with
permitted effluent limits and stream impairment can be attributed to your facility, then mitigative
measures may be required.
The following changes were made to the permit since the draft was sent to you on July 12,
2017:
• The permit expiration date was extended from March 21, 2021 to December 31, 2022.
• Effluent Pollutant Scan sampling dates were shifted from 2018, 2019 and 2020 to 2019,
2020 and 2021.
The final permit maintains the following significant changes identified in the letter sent on
July 12, 2017:
The NC 2007-2014 Water Quality Standard (WQS) Triennial Review was approved by the
NC Environmental Management Committee (EMC) on November 13, 2014. The US EPA
subsequently approved the WQS revisions on April 6, 2016 with some exceptions. The NC
Nothing Compares_
State of North Carolina I Environmental Quality
1611 Mail Service Center I Raleigh, North Carolina 27699-1611
919-707-9000

Division of Water Resources NPDES Permitting Unit is required to implement the new
dissolved metal standards in all permits public noticed after April 6, 2016. The new
standards for most metals include acute standards. Further, the freshwater standards for
several metals are expressed as the dissolved form of the metals, and seven metals have
hardness -dependent equations. As a result, the NPDES Permitting Unit will need site-
specific effluent hardness data and instream hardness data, upstream of the discharge, for
each facility monitoring these metals in order to calculate permit limitations. Effluent
hardness and instream hardness sampling, upstream of the discharge, has been added to
this permit at a monitoring frequency of quarterly. [See Specific Conditions A. (1.) and A.
(2.) Effluent Limitations and Monitoring Requirements.]
Effluent mercury data was reviewed from January 2012 to September 2016. The Permittee
tested effluent mercury using EPA test Method 1631E throughout this period. In
accordance with the 2012 Mercury TMDL NPDES Guidance, the Permittee needs to show
annual mean effluent concentrations below the Water Quality Based Effluent Limitation
(WQBEL) of 68.3 ng/L and 'individual samples below the Technology Based Effluent
Limitation (TBEL) of 47 ng/L. A review of the data showed that the annual averages were
below the WQBEL and that no individual values exceeded the TBEL, therefore, no
mercury limitation is required.
Eighteen (18) out of 21 low level effluent mercury samples collected were over 1 ng/L. As
a result, a Mercury Minimization Plan (MMP) requirement has been added to this permit
renewal. See Special Condition A. (6.). Please note that the Permittee shall develop and
implement a MMP during this permit term. The MMP shall be developed no later than June
30, 2018, and shall be available for inspection on-site. A sample MMP was developed
through a stakeholder review process and has been placed on the Division website for
guidance &tlp://-portal.ncdenr.org/web/wq/swp/-os/nl)des, under Model Mercury
Minimization Plan).
• Effluent data showed reasonable potential to exceed the new Total Copper WQS at the
permitted flow of 6 MGD. A monthly average limit of 37.5 µg/L and a daily maximum
limit of 42.8 gg/L for Total Copper have been added to the 6.0 MGD permitted flow
effluent page [see Special Condition A. (2)]. Copper samples shall be taken monthly upon
expansion.
• At 4.8 MGD, results of a reasonable potential analysis on submitted effluent data indicated
no reasonable potential to exceed the copper water quality standard in the receiving stream,
but the maximum predicted concentration was greater than 50% of the allowable discharge
concentration. As a result, quarterly monitoring for Total Copper at the current 4.8 MGD
permitted flow is retained in the permit.
• Results of a reasonable potential analysis on submitted effluent data indicated no
reasonable potential to exceed the nickel water quality standard in the receiving stream,
but the maximum predicted concentration was greater than 50% of the allowable discharge
concentration. As a result, limbs for Total Nickel have been removed from the permit, and
monitoring frequency has been reduced from monthly to quarterly.
Page 2 of 4

Results of a reasonable potential analysis on submitted effluent data indicated no
reasonable potential to exceed the zinc water quality standards in the receiving stream. As
a result, monitoring for Total Zinc has been removed from the permit, but quarterly
monitoring shall continue as part of the Long Term Monitoring Program.
Review of submitted effluent data showed all samples for Total Silver to be less than
detection at 5 µg/L. In accordance with 15A NCAC 2B .0500, all test procedures must
produce detection and reporting levels that are below the permit discharge requirements
and all data generated must be reported to the approved detection level or lower reporting
level of the procedure. Currently, DWR's laboratory identifies the Practical Quantification
Limit (PQL) for Total Silver at < 1 µg/L. The allowable discharge concentration for Total
Silver at your facility is 0.34 gg/L as a monthly average. Therefore, the best your facility
can do is to sample for Total Silver down to the lower reporting level of the procedure,
which is < 1 gg/L. Quarterly Total Silver effluent sampling has been added to your permit.
The City should implement "clean" sampling techniques and have silver analyzed down to
the recommended PQL of < 1 gg/L.
• Monitoring and limits for Total Residual Chlorine (TRC) have been removed from the
permit in recognition that the facility does not use chlorination for disinfection. If backup
chlorination is added to the facility, please request that TRC sampling be added back into
the permit only when chlorine is being used for disinfection.
• Submitted effluent bis(2-ethylhexyl)phthalate data were reviewed in response to a request
by the Permittee to remove this parameter from the permit. Data review found no detected
concentrations above 5 gg/L, which is the North Carolina Protective Value for Surface
Waters. Therefore, monitoring for Bis(2-ethylhexyl)phthalate has been removed from the
permit.
• Frequency of the Effluent Pollutant Scan has been reduced from annually to three years
within the permit term per 40 CFR 122. Effluent Pollutant Scans shall be sampled in years
2019, 2020 and 2021. [See Special Condition A. (5.).]
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. The requirement to begin 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. (7.).]
For information on eDMR, registering for eDMR and obtaining an eDMR user account,
please visit the following web page: http://deq.nc.gov/about/divisions/water-
resources/edmr.
Page 3 of 4

For more information on EPA's final NPDES Electronic Reporting Rule, please visit the
following web site: https://www.federalre ig ster.gov/documents/2015/10/22/2015-
24954/national-pollutant-discharge-elimination-system-npdes-electronic-reporting-rule.
If any parts, measurement frequencies or sampling requirements contained in this permit are
unacceptable to you, you have the right to an adjudicatory hearing upon written request within
thirty (30) days following receipt of this letter. This request must be in the form of a written
petition, conforming to Chapter 150B of the North Carolina General Statutes, and filed with the
Office of Administrative Hearings (6714 Mail Service Center, Raleigh, North Carolina 27699-
6714). Unless such demand is made, this decision shall be final and binding.
Please note that this permit is not transferable except after notice to the Division. The Division
may require modification or revocation and reissuance of the permit. This permit does not affect
the legal requirements to obtain other permits which may be required by the Division of Water
Resources or any other Federal, State, or Local governmental permits that may be required.
If you have any questions concerning this permit, please contact Gary Perlmutter at (919) 807-
6385 or via email at [e-mail].
Sincerely,
tedaulpe terim Director
of Water Resources, NCDEQ
Hardcopy: NPDES Files
Central Files
DWR / Asheville Regional Office / Water Quality Operations
eCopy: US EPA Region 4
DWR / PERCS Branch / Deborah Gore
DWR / WSS / Aquatic Toxicology Branch / Susan Meadows
Page 4 of 4

Permit NCO025534
STATE OF NORTH CAROLINA
DEPARTMENT OF ENVIRONMENTAL QUALITY
DIVISION OF WATER RESOURCES
PERMIT
TO DISCHARGE WASTEWATER UNDER THE
NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM
In compliance with the provisions of North Carolina General Statute 143-215.1, other lawful standards
and regulations promulgated and adopted by the North Carolina Environmental Management
Commission, and the Federal Water Pollution Control Act, as amended, the
City of Hendersonville
is hereby authorized to discharge wastewater from a facility located at the
Hendersonville WWTP
99 Balfour Road
Hendersonville, NC 28792
Henderson County
to receiving waters designated as Mud Creek in the French Broad River Basin in accordance with effluent
limitations, monitoring requirements, and other conditions set forth in Parts I, II, III and IV hereof.
This permit shall become effective January 1, 2018.
This permit and authorization to discharge shall expire at midnight on December 31, 2022.
Signed this day December 11, 2017.
Vsai Cu1pepper, a irector
on of Water Resources
By Authority of the Environmental Management Commission

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.
The City of Hendersonville is hereby authorized to:
1. Continue to operate an existing 4.8 MGD wastewater treatment system consisting of the following:
♦ Influent pump station
♦ Dual mechanical bar screens
♦ Dual grit chamber
♦ Dual aeration basins
♦ Three centrifugal blowers,
♦ Dual clarifiers
♦ Recycle pump stations
♦ Dual effluent filters
♦ Ultraviolet disinfection
♦ Dual gravity thickeners
♦ Sludge dewatering
The facility is located at the Henderson Wastewater Treatment Plant, 99 Balfour Road, near
Balfour, in Henderson County;
2. Upon issuance of an Authorization to Construct permit from the Division of Water Resources and
submission of the Engineer's Certification for expansion, operate a wastewater treatment facility up
to a design flow of 6.0 MGD (Phase H construction); and
3. Discharge from said treatment works at the location specified on the attached map into Mud Creek,
Class C waters in the French Broad River Basin.
Page 2 of 15

Permit NCO025534
PART I
A. (1.) EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS (4.8 MGD)
[15A NCAC 02B .0400 et seq., 02B .0500 et seq.]
a. During the period beginning on the effective date and lasting until expansion above 4.8 MGD, the
Permittee is authorized to discharge treated wastewater from Outfall 001. Such discharges shall be
limited and monitored' by the Permittee as specified below:
All footnotes are listed on the following page.
Page 3 of 15
LIMITS
MONITORING REQUIREMENTS
EFFLUENT CHARACTERISTICS
Monthly
Weekly
Daily
Measurement
Sample
Sample Location 2
Average
Average
Maximum
Frequency
Type
Flow
4.8 MGD
Continuous
Recording
Influent or Effluent
BOD, 5 -day, 20°C (Summer. between
10.0 m /L
g
15 0 m /L
g
Dad y
Composite
p
Influent & Effluent
April 1 through October 31) 3
BOD, 5 -day, 20°C (Winter, between
20 0 m /L
g
30 0 m /L
g
Dail y
Composite
p
Influent & Effluent
November 1 through March 31) 3
Total Suspended Solids (TSS) 3
30.0 mg/L
45 0 mg/L
Daily
Composite
Influent & Effluent
NH3 as N (Summer between April 1
2.0 mg/L
6 0 mg/L
Daily
Composite
Effluent
through October 31)
NH3 as N (Winter between November
4.0 mg/L
12 0 mg/L
Daily
Composite
Effluent
1 through March 31)
Dissolved Oxygen
Daily Average >_ 5 0 mg/L
Daily
Grab
Effluent
Fecal Coliform (geometric mean)
200/100 mL
400/100 mL
Daily
Grab
Effluent
pH
Between 6 0 and 9.0 Standard Units
Daily
Grab
Effluent
Temperature (°C)
Monitor and Report
Daily
Grab
Effluent
Total Nitrogen (mg/L) 4
Monitor and Report
Quarterly
Calculated
Effluent
Total Phosphorus (mg/L)
Monitor and Report
Quarterly
Composite
Effluent
Total Copper (µg/L)
Monitor and Report
Quarterly
Composite
Effluent
Total Nickel (µg/L)
Monitor and Report
Quarterly
Composite
Effluent
Total Silver (µg/L) 5
Monitor and Report
Quarterly
Composite
Effluent
Total Hardness as [CaCO3 or
Monitor and Report
Quarterly
Composite
Effluent
(Ca + M9)] (mg/L) 6 _
Chronic Toxicity 7
Ceriodaphnia dubia Pass/Fail at 18%
Quarterly
Composite
Effluent
effluent
Effluent Pollutant Scan
Monitor and Report
Footnote 8
Footnote 8
Effluent
Total Hardness as [CaCO3 or
Monitor and Report
Quarterly
Grab
Upstream
(Ca + M9)] (m9/L) z, s
Temperature (°C) 2
Variable 2
Grab
Upstream,
Downstream
Dissolved Oxygen (mg/L) 2
Variable 2
Grab
Upstream,
Downstream
Fecal Coliform (cfu/100 mL)
Variable 2
Grab
Upstream,
Downstream
All footnotes are listed on the following page.
Page 3 of 15

Permit NC0025534
Footnotes:
1. Submit discharge monitoring reports electronically using NC DWR's eDMR application system. See
Special Condition A (7.).
2. Upstream is in Mud Creek above outfall. Downstream is at NCSR 1365. Stream samples shall be
collected three times per week from June 1 through September 30 and once per week from October
1 through May 31.
3. The monthly average effluent BODS and Total Suspended Solids concentrations shall not exceed
15% of the respective influent value (85% removal).
4. Total Nitrogen = TKN + NO3-N + NO2-N, where TKN is Total Kjeldahl Nitrogen, NO3-N is Nitrate
Nitrogen, and NO2-N is Nitrite Nitrogen. Reported values shall be calculated from composite
samples of TKN and NO3-N + NO2-N.
5. The Permittee should review and implement clean sampling techniques for Total Silver. The reporting
laboratory should test to the recommended lower reporting level of the procedure, which is < 1 gg/L.
6. Effluent Total Hardness sampling should be performed in conjunction with metals sampling.
7. Chronic Toxicity (Ceriodaphnia dubia Pass/Fail at 18% effluent samples shall be taken in February,
May, August and November. See Special Condition A. (3.).
8. The Permittee shall perform three Effluent Pollutant Scans during the term of this permit. See Special
Condition A. (5.).
9. The Permittee shall sample instream Total Hardness, upstream of the facility's discharge. The sample
shall be representative of the hardness in the receiving stream.
b. There shall be no discharge of floating solids or visible foam in other than trace amounts
Page 4 of 15

Permit NCO025534
A. (2.) EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS (6.0 MGD)
[15A NCAC 02B .0400 et seq., 02B .0500 et seq.]
a. Beginning upon the receipt of the Engineer's Certification for completion of the 6.0 MGD expansion
and lasting until expiration, the Permittee is authorized to discharge treated wastewater from
Outfall 001. Such discharges shall be limited and monitored' by the Permittee as specified below:
All footnotes are listed on the following page.
Page 5of15
LIMITS
MONITORING REQUIREMENTS
EFFLUENT CHARACTERISTICS
Monthly
Weekly
Daily
Measurement
Sample
Sample Location 2
Average
Average
Maximum
Frequency
Type
Flow
6 0 MGD
Continuous
Recording
Influent or Effluent
BOD, 5 -day, 20°C (Summer between
10 0 m /L
g
15 0 m /L
g
Dail y
Composite
p
Influent & Effluent
April 1 through October 31) 3
BOD, 5 -day, 20°C (Winter. between
20 0 m /L
g
30 0 m /L
g
Dad y
Composite
p
Influent & Effluent
November 1 through March 31) 3
Total Suspended Solids (TSS)3
30 0 mg/L
45.0 mg/L
Daily
Composite
Influent & Effluent
NH3 as N (Summer between April 1
2 0 mg/L
6 0 mg/L
Daily
Composite
Effluent
through October 31)
NH3 as N (Winter. between November
4 0 mg/L
12 0 mg/L
Daily
Composite
Effluent
1 through March 31)
Dissolved Oxygen (DO)
Daily Average >_ 5 0 mg/L
Daily
Grab
Effluent
Fecal Coliform (geometric mean)
200/100 mL
400/100 mL
I
Daily
Grab
Effluent
pH
Between 6 0 and 9 0 Standard Units
Daily
Grab
Effluent
Temperature (°C)
Monitor and Report
Daily
Grab
Effluent
Total Nitrogen (mg/L) 4
Monitor and Report
Quarterly
Calculated
Effluent
Total Phosphorus (mg/L)
Monitor and Report
Quarterly
Composite
Effluent
Total Copper
37.5 µg/L
1 42 8 µg/L I
Monthly
Composite
Effluent
Total Nickel (µg/L)
Monitor and Report
Quarterly
Composite
Effluent
Total Silver (µg/L) 5
Monitor and Report
Quarterly
Composite
Effluent
Total Hardness as [CaCO3or
Monitor and Report
Quarterly
Composite
Effluent
(Ca + Mg)] (mg/L) s
Chronic Toxicity 7
Ceriodaphnia dubta Pass/Fail at 21 %
Quarterly
Composite
Effluent
effluent
Effluent Pollutant Scan
Monitor and Report
Footnote 8
Footnote 8
Effluent
Total Hardness as [CaCO3or
Monitor and Report
Quarterly
Grab
Upstream
(Ca + Mg)] (mg/L) z, s
Temperature (°C) 2
Varnable2
Grab
Upstream,
Downstream
Dissolved Oxygen (mg/L)2
Vanable2
Grab
Upstream,
Downstream
Fecal Coliform (cfu/100 mL)
Variable
Grab
Upstream,
Downstream
All footnotes are listed on the following page.
Page 5of15

Permit NCO025534
Footnotes:
1. Submit discharge monitoring reports electronically using NC DWR's eDMR application system. See
Special Condition A (7.).
2. Upstream is in Mud Creek above outfall. Downstream is at NCSR 1365. Stream samples shall be
collected three times per week from June 1 through September 30 and once per week from October
1 through May 31.
3. The monthly average effluent BODS and Total Suspended Solids concentrations shall not exceed
15% of the respective influent value (85% removal).
4. Total Nitrogen = TKN + NO3-N + NO2-N, where TKN is Total Kjeldahl Nitrogen, NO3-N is Nitrate
Nitrogen, and NO2-N is Nitrite Nitrogen. Reported values shall be calculated from composite
samples of TKN and NO3-N + NO2-N.
5. The Permittee should review and implement clean sampling techniques for Total Silver. The reporting
laboratory should test to the recommended lower reporting level of the procedure, which is < 1 gg/L.
6. Effluent Total Hardness sampling should be performed in conjunction with metals sampling.
7. Chronic Toxicity (Ceriodaphnia dubia Pass/Fail at 21 % effluent samples shall be taken in February,
May, August and November. See Special Condition (4.).
8. The Permittee shall perform three Effluent Pollutant Scans during the term of this permit; see Special
Condition A. (5.).
9. The Permittee shall sample instream Total Hardness, upstream of the facility's discharge. The sample
shall be representative of the hardness in the receiving stream.
b. There shall be no discharge of floating solids or visible foam in other than trace amounts
Page 6of15

Permit NCO025534
A. (3.) CHRONIC TOXICITY PERMIT LIMIT (Quarterly) — 4.8 MGD
[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 18%.
The permit holder shall perform at a minimum, quarterly monitoring using test procedures outlined in
the "North Carolina Ceriodaphnia Chronic Effluent Bioassay Procedure," Revised December 2010, or
subsequent versions or "North Carolina Phase II Chronic Whole Effluent Toxicity Test Procedure"
(Revised- December 2010) or subsequent versions. The tests will be performed during the months of
February, May, August and November. These months signify the first month of each three-month toxicity
testing quarter assigned to the facility. Effluent sampling for this testing must be obtained during
representative effluent discharge and shall be performed at the NPDES permitted final effluent discharge
below all treatment processes.
If the test procedure performed as the first test of any single quarter results in a failure or Chronic
Value (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 THP311 for the Chronic Value. Additionally, DWR Form AT -
3 (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, NC 27699-1621
Completed Aquatic Toxicity Test Forms shall be filed with the Water Sciences Section no later than 30
days after the end of the reporting period for which the report is made.
Test data shall be complete, 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 quarter, which is the three-month time interval that begins on the first day of the month in which
toxicity testing is required by this permit and continues until the final day of the third month.
Page 7of15

Permit NC0025534
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.
Page 8of15

Permit NCO025534
A. (4.) CHRONIC TOXICITY PERMIT LIMIT (Quarterly) — upon expansion to 6.0 MGD
[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 21%.
The permit holder shall perform at a minimum, quarterly monitoring using test procedures outlined in
the "North Carolina Ceriodaphnia Chronic Effluent Bioassay Procedure," Revised December 2010, or
subsequent versions or "North Carolina Phase II Chronic Whole Effluent Toxicity Test Procedure"
(Revised- December 2010) or subsequent versions. The tests will be performed during the months of
February, May, August and November. These months signify the first month of each three-month toxicity
testing quarter assigned to the facility. Effluent sampling for this testing must be obtained during
representative effluent discharge and shall be performed at the NPDES permitted final effluent discharge
below all treatment processes.
If the test procedure performed as the first test of any single quarter results in a failure or Chronic
Value (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 TGP313 for the pass/fail results and THP311 for the Chronic Value. Additionally, DWR Form AT -
3 (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, NC 27699-1621
Completed Aquatic Toxicity Test Forms shall be filed with the Water Sciences Section no later than 30
days after the end of the reporting period for which the report is made.
Test data shall be complete, 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 quarter, which is the three-month time interval that begins on the first day of the month in which
toxicity testing is required by this permit and continues until the final day of the third month.
Page 9 of 15

Permit NC0025534
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 fne month of the initial monitoring.
Page 10 of 15

Permit NCO025534
A.(5.) EFFLUENT POLLUTANT SCAN (Municipal POTWs) [G.S. 143-215.1(b)]
The Permittee shall perform a total of three (3) Effluent Pollutant Scans for all parameters listed below.
One scan must be performed in each of the following years: 2019, 2020, and 2021. 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. Samples should be
collected with one quarterly toxicity test each year, and must represent seasonal variation [i.e., do not
sample in the same quarter every year]. Unless otherwise indicated, metals shall be analyzed as "total
recoverable."
Ammonia (as N)
Chlorine (total residual, TRC)
Dissolved Oxygen
Nitrate/Nitnte
Kjeldahl Nitrogen (TKN)
Oil and Grease
Phosphorus
Total Dissolved Solids
Hardness
Antimony
Arsenic
Beryllium
Cadmium
Chromium
Copper
Lead
Mercury (EPA Method 1631 E)
Nickel
Selenium
Silver
Thallium
Zinc
Cyanide
Total Phenolic Compounds
Volatile organic compounds:
Acrolein
Acrylomtrile
Benzene
Bromoform
Carbon tetrachloride
Chlorobenzene
Chlorodibromomethane
Chloroethane
2-chloroethylvmyl ether
Chloroform
Dichlorobromomethane
1, 1 -dichloroethane
1,2-dichloroethane
Trans-1,2-dichloroethylene
1, 1 -dichloroethylene
1,2-dichloropropane
1,3-dichloropropylene
Ethylbenzene
Methyl bromide
Methyl chloride
Methylene chloride
1,1,2,2 -tetrachloroethane
Tetrachloroethylene
Toluene
1,1,1 -trichloroethane
1,1,2 -trichloroethane
Trichloroethylene
Vinyl chloride
Acid -extractable compounds:
P -chloro -m -cresol
2 -chlorophenol
2,4-dichlorophenol
2,4 -dimethylphenol
4,6-dinitro-o-cresol
2,4-dinitrophenol
2-nitrophenol
4-mtrophenol
Pentachlorophenol
Phenol
2,4,6 -trichlorophenol
Base -neutral compounds:
Acenaphthene
Acenaphthylene
Anthracene
Benzidine
Benzo(a)anthracene
Benzo(a)pyrene
3,4 benzofluoranthene
Benzo(ghi)perylene
Benzo(k)fluoranthene
Bis (2-chloroethoxy) methane
Page 11 of 15
Bis (2-chloroethyl) ether
Bis (2-chloroisopropyl) ether
Bis (2-ethylhexyl) phthalate
4-bromophenyl phenyl ether
Butyl benzyl phthalate
2-chloronaphthalene
4-chlorophenyl phenyl ether
Chrysene
Di -n -butyl phthalate
Di-n-octyl phthalate
Dibenzo(a,h)anthracene
1,2 -dichlorobenzene
1,3 -dichlorobenzene
1,4 -dichlorobenzene
3,3-dichlorobenzidine
Diethyl phthalate
Dimethyl phthalate
2,4-dimtrotoluene
2,6-dmitrotoluene
1,2-diphenylhydrazine
Fluoranthene
Fluorene
Hexachlorobenzene
Hexachlorobutadiene
Hexachlorocyclo-pentadiene
Hexachloroethane
Indeno(1,2, 3-cd)pyrene
Isophorone
Naphthalene
Nitrobenzene
N-mtrosodi-n-propylamine
N-mtrosodimethylamme
N-mtrosodiphenylamine
Phenanthrene
Pyrene
1,2,4-trichlorobenzene

Permit NCO025534
Reporting. Test results shall be reported on DWR Form -A MR-PPA1 (or in a form approved by the
Director) by December 31" of each designated sampling year. The report shall be submitted to the
following address: NC DEQ / DWR / Central Files, 1617 Mail Service Center, Raleigh, North
Carolina 27699-1617.
Additional Toxicity Testing Requirements for Municipal Permit Renewal. Please note that
Municipal facilities that are subject to the Effluent Pollutant Scan requirements listed above are also
subject to additional toxicity testing requirements specified in Federal Regulation 40 CFR 122.210)(5).
The US EPA requires four (4) toxicity tests for a test organism other than the test species currently
required in this permit. The multiple species tests should be conducted either quarterly for a 12 -month
period prior to submittal of the permit renewal application, or four tests performed at least annually in
the four and one half year period prior to the application. These tests shall be performed for acute or
chronic toxicity, whichever is specified in this permit. The multiple species toxicity test results shall be
filed with the Aquatic Toxicology Branch at the following address:
North Carolina Division of Water Resources
Water Sciences Section/Aquatic Toxicology Branch
1621 Mail Service Center
Raleigh, North Carolina 27699-1621
Contact the Division's Aquatic Toxicology Branch at 919-743-8401 for guidance on conducting the
additional toxicity tests and reporting requirements. Results should also be summarized in Part E
(Toxicity Testing Data) of EPA Municipal Application Form 2A, when submitting the permit renewal
application to the NPDES Permitting Unit.
A. (6.) MERCURY MINIMIZATION PLAN (MMP) [G.S. 143-215.1 (b)]
The permittee shall develop and implement a Mercury Minimization Plan (MMP) during this permit
term. The MMP shall be developed no later than June 30, 2018, and shall be available for inspection on-
site. A sample MMP was developed through a stakeholder review process and has been placed on the
Division website for guidance (http://deq.nc.gov/about/divisions/water-resources/water-resources-
permits/wastewater-branch/npdes-wastewater-permits, under Model Mercury Minimization Plan). The
MMP should place emphasis on identification of mercury contributors and goals for reduction. Results
shall be summarized and submitted with the next permit renewal. Performance of the Mercury
Minimization Plan will meet the requirements of the TMDL (Total Maximum Daily Load) for mercury
approved by USEPA on October 12, 2012, unless and until a Waste Load Allocation specific to this
facility is developed and this NPDES permit is amended to require further actions to address the Waste
Load Allocation.
Page 12 of 15

Permit NCO025534
A.(7.) ELECTRONIC REPORTING OF 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.)
• Section D. (2.)
• Section D. (6.)
• Section E. (5.)
Signatory Requirements
Reporting
Records Retention
Monitoring Reports
1. Reporting Requirements 1Supersedes Section D. (2.) and Section E. (5.) (a)1
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 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:
Page 13 of 15

Permit NC0025534
Sewer Overflow/Bypass Event Reports;
Pretreatment Program Annual Reports; and
Clean Water Act (CWA) Section 316(b) Annual Reports.
The permittee may seek an electronic reporting waiver from the Division (see "How to Request a
Waiver from Electronic Reporting" section below).
2. Electronic Submissions
In accordance with 40 CFR 122.41 (1)(9), the permittee must identify the initial recipient at the time
of each electronic submission. The permittee should use the EPA's website resources to identify the
initial recipient for the electronic submission.
Initial recipient of electronic NPDES information from NPDES-regulated facilities means the entity
(EPA or the state authorized by EPA 0 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.federalre ister.gov/documents/2015/10/22/2015-24954/national-pollutant-discharge-
elimination-system-npdes-electronic-reporting-rule.
Electronic submissions must start by the dates listed in the "Reporting Requirements" section above.
3. How to Request a Waiver from Electronic Reporting
The permittee may seek a temporary electronic reporting waiver from the Division. To obtain an
electronic reporting waiver, a permittee must first submit an electronic reporting waiver request to
the Division. Requests for temporary electronic reporting waivers must be submitted in writing to
the Division for written approval at least sixty (60) days prior to the date the facility would be
required under this permit to begin submitting monitoring data and reports. The duration of a
temporary waiver shall not exceed five (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.
htti)-Hdeq.ne.gov/about/divisions/water-resources/edmr
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Permit NC0025534
4. Signatory Requirements [Supplements Section B. (11.) (b) and Supersedes Section B. (11.) (d)1
All eDMRs submitted to the permit issuing authority shall be signed by a person described in Part
II, Section B. (11.)(a) or by a duly authorized representative of that person as described in Part II,
Section B. (I 1.)(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.ne.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.)]
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 three (3) years from
the date of the report. This period may be extended by request of the Director at any time [40 CFR
122.41].
Page 15 of 15

NC00025534 - City of Hendersonville WWTP Facility x
Latitude: 35°2111" N Receiving Stream: Mud Creek Location
Longitude: 82°27'52" W Stream Class: C
Quad #: F9SW Hendersonville Sub -Basin: 04-03-02
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NPDES Permit Standard Conditions
Page 1 of 18
PART II
STANDARD CONDITIONS FOR NPDES PERMITS
Section A. Definitions
2/Month
Samples are collected twice per month with at least ten calendar days between sampling events. These samples shall be
representative of the wastewater discharged during the sample period
3/Week
Samples are collected three times per week on three separate calendar days These samples shall be representative of
the wastewater discharged during the sample period
Act or "the Act"
The Federal Water Pollution Control Act, also known as the Clean Water Act (CWA), as amended, 33 USC 1251, et
seq
Annual Average
The arithmetic mean of all "daily discharges" of a pollutant measured during the calendar year In the case of fecal
coliform, the geometric mean of such discharges
Anthmetic Mean
The summation of the individual values divided by the number of individual values.
Bypass
The known diversion of waste streams from any portion of a treatment facility including the collection system, which is
not a designed or established or operating mode for the facility
Calendar Day
The period from midnight of one day until midnight of the next day. However, for purposes of this permit, any
consecutive 24-hour period that reasonably represents the calendar day may be used for sampling
Calendar Week
The period from Sunday through the following Saturday
Calendar Quarter
One of the following distinct periods. January through March, April through June, July through September, and
October through December
Composite Sample
A sample collected over a 24-hour period by continuous sampling or combining grab samples of at least 100 mL in
such a manner as to result in a total sample representative of the wastewater discharge during the sample period The
Director may designate the most appropriate method (specific number and size of aliquots necessary, the time interval
between grab samples, etc ) on a case-by-case basis Samples may be collected manually or automatically Composite
samples may be obtained by the following methods
(1) Continuous a single, continuous sample collected over a 24-hour period proportional to the rate of flow
(2) Constant time/vanable volume a series of grab samples collected at equal time intervals over a 24 hour period
of discharge and combined proportional to the rate of flow measured at the time of individual sample
collection, or
(3) Variable time/constant volume a series of grab samples of equal volume collected over a 24 hour period with
the time intervals between samples determined by a preset number of gallons passing the sampling point Flow
measurement between sample intervals shall be determined by use of a flow recorder and totalizer, and the
preset gallon interval between sample collection fixed at no greater than 1/24 of the expected total daily flow at
the treatment system, or
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(4) Constant tune/constant volume: a series of grab samples of equal volume collected over a 24-hour period at a
constant time interval Use of this method requires prior approval by the Director This method may only be
used in situations where effluent flow rates vary less than 15 percent. The following restrictions also apply.
➢ Influent and effluent grab samples shall be of equal size and of no less than 100 milliliters
➢ Influent samples shall not be collected more than once per hour.
➢ Permittees with wastewater treatment systems whose detention time < 24 hours shall collect effluent grab
samples at intervals of no greater than 20 minutes apart during any 24-hour period
➢ 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 Agency
Facility Closure
Cessation of all activities that require coverage under this NPDES permit. Completion of facility closure will allow this
permit to be rescinded.
Geometric Mean
The Nth root of the product of the individual values where N = the number of individual values For purposes of
calculating the geometric mean, values of "0" (or "< [detection level]") shall be considered = 1.
Grab Sample
Individual samples of at least 100 mL collected over a period of time not exceeding 15 minutes Grab samples can be
collected manually Grab samples must be representative of the discharge (or the receiving stream, for instream
samples)
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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
Penult Issumg Authonty
The Director of the Division of Water Resources
Quarterly Average (concentration limit)
The arithmetic mean of all samples taken over a calendar quarter
Severe propeqy damage
Substantial physical damage to property, damage to the treatment facilities which causes thein to become inoperable, or
substantial and permanent loss of natural resources which can reasonably be expected to occur in the absence of a
bypass Severe property damage excludes economic loss caused by delays in production
Toxic Pollutant
Any pollutant listed as toxic under Section 307(a)(1) of the CWA
Upset
An incident beyond the reasonable control of the Permittee causing unintentional and temporary noncompliance with
permit effluent himtations 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 mcorporate the
requirement.
b The CWA provides that any person who violates section[s] 301, 302, 306, 307, 308, 318 or 405 of the Act, or
any permit condition or limitation implementing any such sections in a permit issued under section 402, or any
requirement imposed in a pretreatment program approved under sections 402(a)(3) or 402(b)(8) of the Act, is
subject to a civil penalty not to exceed $37,500 per day for each violation [33 USC 1319(d) and 40 CFR
122 41(a)(2)]
c The CWA provides that any person who negligently violates sections 301, 302, 306, 307, 308, 318, or 405 of
the Act, or any condition or limitation implementing any of such sections in a permit issued under section 402
of the Act, or any requirement imposed in a pretreatment program approved under section 402(a)(3) or
402(b)(8) of the Act, is subject to criminal penalties of $2,500 to $25,000 per day of violation, or
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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 cnmmal
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 cnmmal
penalties of not more than $100,000 per day of violation, or unpnsonment of not more than 6 years, or both.
[33 USC 1319(c)(2) and 40 CFR 122 41(a)(2)]
e Any person who knowingly violates section 301, 302, 303, 306, 307, 308, 318 or 405 of the Act, or any permit
condition or limitation implementing any of such sections in a permit issued under section 402 of the Act, and
who knows at that time that he thereby places another person in imminent danger of death or senous bodily
injury, shall, upon conviction, be subject to a fine of not more than $250,000 or impnsonment 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 impnsonment of not more than 30 years, or
both An organization, as defined in section 309(c)(3)(B)(ui) of the CWA, shall, upon conviction of violating
the 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 penult [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 penult 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 11 violations are not to exceed $16,000 per day for each day during which the
violation continues, with the maximum amount of any Class II penalty not to exceed $177,500 [33 USC
1319(g)(2) and 40 CFR 122 41(a)(3)]
2 Duty to Mitigate
The Penmttee shall take all reasonable steps to minimize or prevent any discharge or sludge use or disposal in
violation of this penult with a reasonable likelihood of adversely affecting human health or the environment [40
CFR 122 41(d)]
3 Civil and Cnmmal Liability
Except as provided in permit conditions on "Bypassing" (Part H CA), "Upsets" (Part II C 5) and 'Power Failures"
(Part II C 7), nothing in this permit shall be construed to relieve the Permittee from any responsibilities, liabilities,
or penalties for noncompliance pursuant to NCGS 143-215 3, 143-215.6 or Section 309 of the Federal Act, 33 USC
1319. Furthermore, the Permittee is responsible for consequential damages, such as fish kills, even though the
responsibility for effective compliance 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
temporanly suspended
5. PropertRights
The issuance of this permit does not convey any property rights in either real or personal property, or any exclusive
privileges, nor does it authonze any injury to pnvate property or any invasion of personal nghts, nor any
mfnngement of Federal, State or local laws or regulations [40 CFR 122 41(g)]
6. Onshore or Offshore Construction
This penult does not authonze or approve the construction of any onshore or offshore physical structures or
facilities or the undertaking of any work in any navigable waters
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7 Severability
The provisions of this permit are severable. If any provision of this permit, or the application of any provision of
this penult to any circumstances, is held invalid, the application of such provision to other circumstances, and the
remainder of this permit, shall not be affected thereby [NCGS 15013-23]
8. Duty to Provide Information
The Permittee shall furnish to the Permit Issuing Authority, within a reasonable time, any information which the
Permit Issuing Authority may request to determine whether cause exists for modifying, revoking and reissuing, or
terminating this permit or to determine compliance with this permit The Permittee shall also furnish to the Permit
Issuing Authority upon request, copies of records required by this penult [40 CFR 122 41(h)]
9 Duty to Reapply
If the Penulttee wishes to continue an activity regulated by this penult after the expiration date of this penult, the
Permittee must apply for and obtain a new permit [40 CFR 122 41(b)]
10 Expiration of Penult
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 pernmssion for applications to be
submitted later than the expiration date of the existing pen -nit.) [40 CFR 122 21(d)] Any Penulttee that has not
requested renewal at least 180 days prior to expiration, or any Pennittee that does not have a penult after the
expiration and has not requested renewal at least 180 days prior to expiration, will subject the Permuttee to
enforcement procedures as provided in NCGS 143-215 6 and 33 USC 1251 et seq.
11 Signatory Requirements
All applications, reports, or information submitted to the Penult Issuing Authority shall be signed and certified [40
CFR 122 41(k)]
a All permit applications shall be signed as follows
(1) For a corporation by a responsible corporate officer For the purpose of this Section, a responsible
corporate officer means (a) a president, secretary, treasurer or vice president of the corporation in charge
of a principal business function, or any other person who performs similar policy or decision making
functions for the corporation, or (b) the manager of one or more manufacturing, production, or operating
facilities, provided, the manager is authorized to make management decisions which govern the operation
of the regulated facility including having the explicit or implicit duty of making major capital investment
recommendations, and mitiatmg 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]
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c Changes to authorization If an authorization under paragraph (b) of this section is no longer accurate because
a different individual or position has responsibility for the overall operation of the facility, a new authorization
satisfying the requirements of paragraph (b) of this section must be submitted to the Director prior to or
together with any reports, information, or applications to be signed by an authorized representative [40 CFR
122.22]
d Certification Any person signing a document under paragraphs a or b. of this section shall make the following
certification [40 CFR 122.22] NO OTHER STATEMENTS OF CERTIFICATION WILL BE ACCEPTED
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 rhe possibility of fines and imprisonment for knowing violations "
12 Permit Actions
This permit may be modified, revoked and reissued, or terminated for cause The filing of a request by the
Penrattee for a penult modification, revocation and reissuance, or termmarion, 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 perimt issuing authority from reopening and modifying the permit,
revoking and reissuing the permit, or terminating the permit as allowed by the laws, rules, and regulations
contained in Title 40, Code of Federal Regulations, Parts 122 and 123, Title 15A of the North Carolina
Administrative Code, Subchapter 02H 0100, and North Carolina General Statute 143 215 1 et. al.
14. Annual Administering and Compliance Monitoring Fee Requirements
The Permittee must pay the annual administering and compliance monitoring fee within thirty days after being
billed by the Division. Failure to pay the fee in a timely manner in accordance with 15A NCAC 02H 0105(b)(2)
may cause this Division to initiate action to revoke the permit
Section 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 Cormmssion (WPCSOCC), of the appropriate type and grade for the
system, and, for each classification must [T15A NCAC 08G 0201]-
a
201]
a designate one Operator In Responsible Charge (ORC) who possesses a valid certificate of the type and grade at
least equivalent to the type and grade of the system,
b designate one or more Back-up Operator(s) in Responsible Charge (Back-up ORCs) who possesses a valid
certificate of the type of the system and no more than one grade less than the grade of the system, with the
exception of no backup operator in responsible charge is required for systems whose nummum 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 We and grade; or
➢ a vacancy in the position of Operator in Responsible Charge (ORC) or Back-up Operator in
Responsible Charge (Back-up ORC).
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(3) within seven calendar days of vacancies in both ORC and Back-up ORC positions replacing or designating
at least one of the responsibilities
The ORC of each Class I facility (or the Back-up ORC, when acting as surrogate for the ORC) must
➢ Visit the facility as often as is necessary to insure proper operation of the treatment system, the treatment
facility must be visited at least weekly
➢ Comply with all other conditions of 15A NCAC 08G 0204.
The ORC of each Class ll, III and IV facility (or the Back-up ORC, when acting as surrogate for the ORC) must
➢ Visit the facility as often as is necessary to insure proper operation of the treatment system, the treatment
facility must be visited at least five days per week, excluding holidays
➢ Properly manage and document daily operation and maintenance of the facility
➢ Comply with all other conditions of 15A NCAC 08G 0204
2 Proper Operation and Maintenance
The Permittee shall at all times properly operate and maintain all facilities and systems of treatment and control
(and related appurtenances) which are installed or used by the Permittee to achieve compliance with the conditions
of this permit Proper operation and maintenance also includes adequate laboratory controls and appropriate quality
assurance procedures This provision requires the Penmttee 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 Permmttee'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 Penmttee 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 Penmttee 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 Penmttee shall submit notice of an unanticipated bypass as required in Part
11 E 6 (24-hour notice)
c Prohibition of Bypass
(1) Bypass from the treatment facility is prohibited and the Permit Issuing Authority may take enforcement
action against a Permittee for bypass, unless
(A) Bypass was unavoidable to prevent loss of life, personal injury or severe property damage,
(B) There were no feasible alternatives to the bypass, such as the use of auxiliary treatment facilities,
retention of untreated wastes or maintenance during normal periods of equipment downtime This
condition is not satisfied if adequate backup equipment should have been installed in the exercise of
reasonable engineering judgment to prevent a bypass which occurred during normal periods of
equipment downtime or preventive maintenance, and
(C) The Permittee submitted notices as required under Paragraph b of this section
(2) Bypass from the collection system is prohibited and the Permit Issuing Authority may take enforcement
action against a Permittee for a bypass as provided in any current or future system -wide collection system
permit associated with the treatment facility.
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(3) The Permit Issuing Authority may approve an anticipated bypass, after considering its adverse effects, if
the Perrmt Issuing Authority determmes that it will meet the three conditions listed above in Paragraph c
(1) of this section
5. Upsets
a Effect of an upset [40 CFR 122 41(n)(2;] An upset constitutes an affirmative defense to an action brought for
noncompliance with such technology based permit effluent limitations if the requirements of paragraph b of
this condition are met No determination made during administrative review of claims that noncompliance was
caused by upset, and before an action for noncompliance, is final administrative action subject to judicial
review
b Conditions necessary for a demonstration of upset Any Permittee who wishes to establish the affirmative
defense of upset shall demonstrate, through properly signed, contemporaneous operating logs, or other relevant
evidence that:
(1) An upset occurred and that the Permittee can identify the cause(s) of the upset,
(2) The Penmttee facility was at the time being properly operated, and
(3) The Permittee submitted notice of the upset as required in Part II E 6 (b) of this permit
(4) The Permittee complied with any remedial measures required under Part ILB 2. of this permit.
c. Burden of proof [40 CFR 122.41(n)(4)]: The Permittee seeking to establish the occurrence of an upset has
the burden of proof in any enforcement proceeding.
6 Removed Substances
Solids, sludges, filter backwash, or other pollutants removed in the course of treatment or control of wastewaters
shall be utilized/disposed of in accordance with NCGS 143-215.1 and in a manner such as to prevent any pollutant
from such materials from entering waters of the State or navigable waters of the United States except as permitted
by the Commission. The Permittee shall comply with all applicable state and Federal regulations governing the
disposal of sewage sludge, including 40 CFR 503, Standards for the Use and Disposal of Sewage Sludge; 40 CFR
Part 258, Criteria For Municipal Solid Waste Landfills, and 15A NCAC Subchapter 2T, Waste Not Discharged To
Surface Waters. The Permittee shall notify the 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 Sampling
Samples collected and measurements taken, as required herem, shall be representative of the permitted discharge.
Samples collected at a frequency less than daily shall be taken on a day and time that is representative of the
discharge for the period the sample represents All samples shall be taken at the monitoring points specified in this
permit and, unless otherwise specified, before the effluent joins 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 Authonty [40 CFR 122 410)]
2 Reporting
Monitoring results obtained during the previous month(s) shall be summarized for each month and reported on a
monthly Discharge Monitoring Report (DMR) Form (MR 1, 1. 1, 2, 3) or alternative forms approved by the
Director, postmarked no later than the last calendar day of the month following the completed reporting period
The first DMR is due on the last day of the month following the issuance of the permit or in the case of a new
facility, on the last day of the month following the commencement of discharge Duplicate signed copies of these,
and all other reports required herem, shall be submitted to the following address:
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NC DENR / Division of Water Resources / Water Quality Permitting Section
ATTENTION Central Files
1617 Mail Service Center
Raleigh, North Carolina 27699-1617
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 perrmt [40 CFR 122 41 ]
To meet the intent of the monitoring required by this permit, all test procedures must produce minimum detection
and reporting levels that are below the permit discharge requirements and all data generated must be reported down
to the minimum detection or lower reporting level of the procedure If no approved methods are determined
capable of achieving minimum detection and reporting levels below permit discharge requirements, then the most
sensitive (method with the lowest possible detection and reporting level) approved method must be used
Penalties for Tampering
The CWA provides that any person who falsifies, tampers with, or knowingly renders inaccurate, any monitoring
device or method required to be maintained under this permit shall, upon conviction, be punished by a fine of not
more than $10,000 per violation, or by imprisonment for not more than two years per violation, or by both If a
conviction of a person is for a violation committed after a first conviction of such person under this paragraph,
punishment is a fine of not more than $20,000 per day of violation, or by imprisonment of not more than 4 years,
or both [40 CFR 122 41 ]
6 Records Retention
Except for records of monitoring information required by this permit related to the Permittee's sewage sludge use
and disposal activities, which shall be retained for a period of at least five years (or longer as required by 40 CFR
503), the Permittee shall retain records of all monitoring information, including
➢ all calibration and maintenance records
➢ all original strip chart recordings for continuous monitoring instrumentation
➢ copies of all reports required by this permit
➢ copies of all data used to complete the application for this permit
These records or copies shall be maintained for a period of at least 3 years from the date of the sample,
measurement, report or application This period may be extended by request of the Director at any time [40 CFR
122 41]
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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 pernnt;
c. Inspect at reasonable times any facilities, equipment (including monitoring and control equipment), practices,
or operations regulated or required under this permit, and
d. Sample or monitor at reasonable times, for the purposes of assuring permit compliance or as otherwise
authorized by the CWA, any substances or parameters at any location [40 CFR 122 41(1)].
Section E Reporting Requirements
1. Change in Discharge
All discharges authorized herein shall be consistent with the terms and conditions of this permit. The discharge of
any pollutant identified in this pernut 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 1s required only when
a. The alteration or addition to a permitted facility may meet one of the cntena for new sources at 40 CFR
122.29(b), or
b The alteration or addition could significantly change the nature or increase the quantity of pollutants
discharged. This notification applies to pollutants subject neither to effluent limitations in the permit, nor to
notification requirements under 40 CFR 122.42(a)(1), or
c The alteration or addition results in a significant change in the Penmttee'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
pen -nit application process or not reported pursuant to an approved land application plan
3 Anticipated Noncompliance
The Permnmttee 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 1s not transferable to any person without prior written notice to and approval from the Director in
accordance with 40 CFR 122 61. The Director may condition approval in accordance with NCGS 143-215 1, in
particular NCGS 143-215 1(b)(4)b.2 , and may require modification or revocation and relssuance of the permit, or
a minor modification, to identify the new permittee and incorporate such other requirements as may be necessary
under the CWA [40 CFR 122 41(1)(3), 122.61] or state statute
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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 Reportin>?
a The Perrmttee 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 Permittee became aware of the circumstances A written submission shall also be
provided within 5 days of the time the Penmttee 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 if the oral
report has been received within 24 hours
c Occurrences outside normal business hours may also be reported to the Division's Emergency Response
personnel at [phone], [phone] or [phone]
7 Other Noncompliance
The Permittee shall report all instances of noncompliance not reported under Part 11 E 5 and 6. of this permit at the
time monitoring reports are submitted The reports shall contain the information listed in Part 11 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 subrmtted
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 Availability of Reports
Except for data determined to be confidential under NCGS 143-215 3 (a)(2) or Section 308 of the Federal Act, 33
USC 1318, all reports prepared in accordance with the terms shall be available for public inspection at the offices
of the Division As required by the Act, effluent data shall not be considered confidential Knowingly making any
false statement on any such report may result in the imposition of criminal penalties as provided for in NCGS 143-
215 1(b)(2) or in Section 309 of the Federal Act
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11. Penalties for Falsification of Reports
The CWA provides that any person who knowingly makes any false statement, representation, or certification in
any record or other document submitted or required to be maintained under this permit, including monitoring
reports or reports of compliance or noncompliance shall, upon conviction, be punished by a fine of not more than
$25,000 per violation, or by imprisonment for not more than two years per violation, or by both [40 CFR 122 41].
12. Annual Performance Reports
Permittees who own or operate facilities that primarily collect or treat municipal or domestic wastewater and have
an average annual flow greater than 200,000 gallons per day shall provide an annual report to the Perirut Issuing
Authority and to the users/customers served by the Permittee (NCGS 143-215.1C) The report shall summarize the
performance of the collection or treatment system, as well as the extent to which the facility was compliant with
applicable Federal or State laws, regulations and rules pertaining to water quality The report shall be provided no
later than sixty days after the end of the calendar or fiscal year, depending upon which annual period is used for
evaluation
The report shall be sent to
NC DENR / Division of Water Resources / Water Quality Permitting Section
ATTENTION• Central Files
1617 Mail Service Center
Raleigh, North Carolina 27699-1617
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PART III
OTHER REQUIREMENTS
Section A. Construction
a The Permittee shall not commence construction of wastewater treatment facilities, nor add to the plant's treatment
capacity, nor change the treatment process(es) utilized at the treatment plant unless (1) the Division has issued an
Authorization to Construct (AtC) permit or (2) the Permittee is exempted from such AtC permit requirements
under Item b of this Section.
b In accordance with NCGS 143-215.1(a5) [SL 2011-394], no permit shall be required to enter into a contract for the
construction, installation, or alteration of any treatment work or disposal system or to construct, install, or alter any
treatment works or disposal system within the State when the system's or work's principle function is to conduct,
treat, equalize, neutralize, stabilize, recycle, or dispose of industrial waste or sewage from an industrial facility and
the discharge of the industrial waste or sewage is authorized under a permit issued for the discharge of the
industrial waste or sewage into the waters of the State. Notwithstanding the above, the permit issued for the
discharge may be modified if required by federal regulation
c Issuance of an AtC will not occur until Final Plans and Specifications for the proposed construction have been
submitted by the Permittee and approved by the Division
Section B. Groundwater Monitoring
The Permittee shall, upon written notice from the Director, conduct groundwater monitoring as may be required to
determine the compliance of this NPDES permitted facility with the current groundwater standards
Section C. Changes in Discharges of Toxic Substances
The Permittee shall notify the Permit 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 mmrograms per liter
(500 µg/L) for 2,4-dmitrophenol and for 2-methyl-4,6-dinmtrophenol, and one nullrgram per liter (1 mg/L) for
antimony,
(3) Five times the maximum concentration value reported for that pollutant in the permit application
b. That any activity has occurred or will occur which would result in any discharge, on a non-routme or infrequent
basis, of a toxic pollutant which is not limited in the permit, if that discharge will exceed the highest of the
following "notification levels",
(1) Five hundred micrograms per 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
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PART IV
SPECIAL CONDITIONS FOR MUNICIPAL FACILITIES
Section A. Definitions
In addition to the definitions in Part II of this perrmt, the following definitions apply to municipal facilities:
Indirect Discharge or Industrial User
Any non-domestic source that discharges wastewater containing pollutants into a POTW regulated under section
307(b), (c) or (d) of the CWA [40 CFR 403 3 (i) and 0) and 15A NCAC 02H 0903(b)(11)]
TntPrFnrnnnP.
Inhibition or disruption of the POTW treatment processes, operations; or its sludge process, use, or disposal which
causes or contributes to a violation of any requirement of the Permittee's (or any satellite POTW's if different from the
Permittee) NPDES, collection system, or non -discharge permit or prevents sewage sludge use or disposal in
compliance with specified applicable State and Federal statutes, regulations, or permits [15A NCAC 02H
0903(b)(14)]
Pass Through
A discharge which exits the POTW into waters of the State in quantities or concentrations which, alone or with
discharges from other sources, causes a violation, including an increase in the magnitude or duration of a violation, of
the Permittee's (or any satellite POTW's, if different from the Permittee) NPDES, collection system, or non -discharge
permit [15A NCAC 02H .0903(b)(23)]
Publicly Owned Treatment Works (POTW)
A treatment works as defined by Section 212 of the CWA, which is owned by a State or local government organization
This definition includes any devices and systems used in the storage, treatment, recycling and reclamation of municipal
sewage or industrial wastes of a liquid nature. It also includes the collection system, as defined in 15A NCAC 2T
0402, only if it conveys wastewater to a POTW treatment plant The term also means the local government
organization, or municipality, as defined in section 502(4) of the CWA, which has jurisdiction over indirect discharges
to and the discharges from such a treatment works. In this context, the organization may be the owner of the POTW
treatment plant or the owner of the collection system into which an indirect discharger discharges This second type of
POTW may be referred to as a "satellite POTW organization " [15A NCAC 02H 0903(b)(26)]
"Siamficant Industrial User" or "SIU"
An Industrial User that discharges wastewater into a publicly owned treatment works and that [15A NCAC 02H
.0903(b)(33)].
1 Discharges an average of 25,000 gallons per day or more of process wastewater to the POTW (excluding sanitary,
noncontact cooling and boiler blowdown wastewaters), or
2. Contributes process wastewater which makes up five percent or more of the NPDES or non -discharge permitted
flow limit or organic capacity of the POTW treatment plant. In this context, organic capacity refers to BOD, TSS
and ammonia, or
3 Is subject to categorical standards under 40 CFR Part 403 6 and 40 CFR Parts 405-471; or
4 Is designated as such by the Permittee on the basis that the Industrial User has a reasonable potential for adversely
affecting the POTW's operation or for violating any pretreatment standard or requirement, or the POTW's effluent
limitations and conditions in its NPDES or non -discharge perinit, or to limit the POTW's sludge disposal options,
5 Subject to approval under 15A NCAC 02H 0907(b), the Permittee may deterinme 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)
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All POTWs must provide adequate notice to the Director of the following [40 CFR 122 42(b)].
1. Any new introduction of pollutants into the POTW from an indirect discharger, regardless of the means of
transport, which would be subject to section 301 or 306 of CWA if it were directly discharging those pollutants,
and
2. Any substantial change in the volume or character of pollutants being introduced by an indirect discharger as
influent to that POTW at the time of issuance of the permit.
3. For purposes of this paragraph, adequate notice shall include information on (1) the quality and quantity of effluent
introduced into the POTW, and (2) any anticipated impact that may result from the change of the quantity or
quality of effluent to be discharged from the POTW.
Section C. Municipal Control of Pollutants from Industrial Users.
1 Effluent limitations are listed in Part I of this permit. Other pollutants attributable to inputs from Industrial Users
discharging to the POTW may be present in the 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
2 Prohibited Discharges
a The Permittee shall develop and enforce their Pretreatment Program to implement the prohibition against the
introduction of pollutants or discharges into the waste treatment system or waste collection system which
cause or contribute to Pass Through or Interference as defined in 15A NCAC 02H 0900 and 40 CFR 403 [40
CFR 403.5(a)(1)]
b The Permittee shall develop and enforce their Pretreatment Program to implement the prohibitions against the
introduction of the following wastes in the waste treatment or waste collection system [40 CFR 403 5(b)]
(1) Pollutants which create a fire or explosion hazard in the POTW, including, but not limited to,
wastestreams with a closed cup flashpoint of less than 140 degrees Fahrenheit or 60 degrees Centigrade
using the test methods specified in 40 CFR 261.2 1,
(2) Pollutants which cause corrosive structural damage to the POTW, but in no case discharges with pH lower
than 5.0, unless the works is specifically designed to accommodate such 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 tunes; if the
discharge has not ceased, the anticipated time it is expected to continue, and steps taken or planned to reduce,
eliminate, and prevent reoccurrence of the noncompliance,
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3. With regard to the effluent requirements listed in Part I of this permit, it may be necessary for the Permittee to
supplement the requirements of the Federal Pretreatment Standards (40 CFR, Part 403) to ensure compliance by
the Permittee with all applicable effluent limitations. Such actions by the Permittee may be necessary regarding
some or all of the industries discharging to the municipal system.
4 The Permittee shall require any Industrial User (IU) discharging to the POTW to meet Federal Pretreatment
Standards developed under Section 307(b) of the Act as amended (which includes categorical standards and
specific local limits, best management practices and narrative requirements) Prior to accepting wastewater from
any Significant Industrial User (SIU), the Permittee shall either develop and submit to the Division a new
Pretreatment Program or, as necessary, a modification of an existing Pretreatment Program, for approval as
required under section D below as well as 15A NCAC 02H 0907(a) and (b). [40 CFR 122.440)(2)]
5 This permit shall be modified, or alternatively, revoked and reissued, to 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 Programs
Under authority of sections 307 (b) and (c) and 402(b)(8) of the CWA and unplementmg regulations 40 CFR 403,
North Carolina General Statute 143-215.3(14) and implementing regulations 15A NCAC 02H .0900, and in accordance
with the approved pretreatment program, all provisions and regulations contained and referenced in the pretreatment
program submittal are an enforceable part of this permit [40 CFR 122 440(2)]
The Permittee shall operate its approved pretreatment program in accordance with Section 402(b)(8) of the CWA, 40
CFR 403, 15A NCAC 02H .0900, and the legal authorities, policies, procedures, and financial provisions contained in
its pretreatment program submission and Division approved modifications thereof Such operation shall include but is
not limited to the implementation of the following conditions and requirements. Terms not defined in Part Il 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-mrr) and 15A NCAC 02H .0905 [also 40 CFR 122 440(1)],
including identification of all Industrial Users that may have an impact on the POTW and the character and amount
of pollutants contributed to the POTW by these Industrial Users and identification of those Industrial Users
meeting the definition of SIU. Where the Permittee accepts wastewater from one or more satellite POTWs, the
IWS for the Permittee shall address all satelhte POTW services areas, unless the pretreatment program in those
satellite service areas is administered by a separate Permittee with an approved Pretreatment Program The
Permittee shall submit a summary of its IWS activities to the Division at least once every five years, and as
required by the Division The IWS submission shall include a summary of any investigations conducted under
paragraph C.2 c of this Part [15A NCAC 02H .0903 (b)(1 3),.0905 and .0906(b)(2), 40 CFR 403.8(f)(2) and 403 9]
3 Monrtormg 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 ILD and ILE 5 ) [15A
NCAC 02H 0903(b)(16), 0906(b)(3) and 0905]
4 Headworks Analysis (H)ATA) and Local Limits
The Permittee shall obtain Division approval of a HWA at least once every five years, and as required by the
Division. Within 180 days of the effective date of this permit (or any subsequent permit modification) the
Permittee shall submit to the Division a written technical evaluation of the need to revise local limits (i.e., an
updated HWA or documentation of why one is not needed) [40 CFR 122.44]. The Permittee shall develop, in
accordance with 40 CFR 403 5(c) and 15A NCAC 02H 0909, specific Local Limits to implement the prohibitions
listed in 40 CFR 403 5(a) and (b) and 15A NCAC 02H .0909. Pursuant to 40 CFR 403 5, local limits are
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enforceable Pretreatment Standards as defined by 40 CFR 403 3(1). [15A NCAC 02H 0903(b)(10), 0905, and
0906(b)(4)]
Industrial User Pretreatment Permits (IUP) & Allocation Tables
In accordance with NCGS 143-215 1, the Permittee shall issue to all Significant Industrial Users, permits for
operation of pretreatment equipment and discharge to the Permittee's collection system or treatment works. These
permits shall contain limitations, sampling protocols, reporting requirements, appropriate standard and special
conditions, and compliance schedules as necessary for the installation of treatment and control technologies to
assure that their wastewater discharge will meet all applicable pretreatment standards and requirements The
Permittee shall maintain a current Allocation Table (AT) which summarizes the results of the HWA and the limits
from all IUPs Permitted IUP loadings for each parameter cannot exceed the treatment capacity of the POTW as
deterrmned by the HWA [15A NCAC 02H 0906(b)(6), 0909, 0916, and .0917, 40 CFR 403 5, 403 8(f)(1)(in);
NCGS 143-215 67(a)]
Authorization to Construct (AtQ
The Permittee shall ensure that an Authorization to Construct permit (AtQ is issued to all applicable Industrial
Users for the construction or modification of any pretreatment facility. Prior to the issuance of an AtC, the
proposed pretreatment facility and treatment process must be evaluated for its capacity to comply with all
Industrial User Pretreatment Permit (IUP) limitations [15A NCAC 02H 0906(b)(7) and .0905, NCGS 143-
215 I (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 determme, 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
Pernuttee must
a Inspect all Significant Industrial Users (SIUs) at least once per calendar year;
b Sample all Significant Industrial Users (SIUs) at least once per calendar year for all SIU permit -limited
parameters including flow except as allowed under 15A NCAC 0908(e), and
c At least once per year, document an evaluation of any non-significant categorical Industrial User for
compliance with the requirements in 40 CFR 403 3(v)(2), and either continue or revoke the designation as non-
significant
8 IU Self Monitoring and Reporting
The Permittee shall require all Industrial Users to comply with the applicable monitoring and reporting
requirements outlined in the Division -approved pretreatment program, the industry's pretreatment permit, or in 15A
NCAC 02H 0908 [15A NCAC 02H 0906(b)(5) and 0905, 40 CFR 403 8(f)(1)(v) and (2)(111), 40 CFR
122 440(2) and 40 CFR 403 121
9 Enforcement Response Plan (ERP)
The Perrmttee 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 linutations, 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 Permtttee shall report to the Division in accordance with 15A NCAC 02H.0908 In lieu of submitting annual
reports, Modified Pretreatment Programs developed under 15A NCAC 02H 0904 (b) may be required to submit a
partial annual report or to meet with Division personnel periodically to discuss enforcement of pretreatment
requirements and other pretreatment implementation issues
For all other active pretreatment programs, the Permittee shall submit two copies of a Pretreatment Annual Report
(PAR) describing its pretreatment activities over the previous calendar year to the Division at the following
address
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NC DENR / Division of Water Resources / Water Quality Penmttmg 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 Perrmttee to correct significant non-
compliance and to ensure compliance with pretreatment requirements,
b Pretreatment Program Summary (PPS)
A pretreatment program summary (PPS') on forms or in a format provided by the Division;
c. Significant Non -Compliance Report (SNCR)
A list of Industrial Users (IUs) in significant noncompliance (SNC) with pretreatment requirements, and the
nature of the violations on forms or in a format provided by the Division;
d. Industrial Data Summary Forms (IDSF)
Monitoring data from samples collected by both the POTW and the Significant Industrial Users (SIUs) These
analytical results must be reported on Industrial Data Summary Forms (IDSF) or on other forms or in a format
provided by the Division;
e. Other Information
Copies of the POTW's allocation table, 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 determme compliance with the pretreatment implementation requirements of this permit;
11. Public Notice
The Pertmttee shall publish annually a list of Industrial Users (IUs) that were in significant noncompliance (SNC)
as defined in the Penmttee's Division -approved Sewer Use Ordinance with applicable pretreatment requirements
and standards during the previous twelve month period. This list shall be published within four months of the
applicable twelve-month period [15A NCAC 02H 0903(b)(34), .0908(b)(5) and 0905 and 40 CFR
403.8(f)(2)(vui)]
12. Record Keepmg
The Permittee shall retain for a muumum of three years records of monitoring activities and results, along with
support information including general records, water quality records, and records of industrial impact on the
POTW and shall retain all other Pretreatment Program records as required by 15A NCAC 02H .0908(f) [15A
NCAC 02H 0908(f); 40 CFR 403.12(0)]
13 Pretreatment Program Resources
The Permittee shall maintain adequate funding and qualified personnel to accomplish the objectives of its approved
pretreatment program. and retain a written description of those current levels of inspection. [15A NCAC 02H
.0906(b)(9) and (10) and 0905, 40 CFR 403 8(f)(3), 403 9(b)(3)]
14. Modification to Pretreatment Programs
Modifications to the approved pretreatment program including but not limited to local limits modifications, POTW
monitoring of their Significant Industrial Users (SIUs), and Monitoring Plan modifications, shall be considered a
permit modification and shall be governed by 40 CFR 403 18, 15 NCAC 02H .0114 and 15A NCAC 02H .0907.
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