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HomeMy WebLinkAboutNC0023973_Issuance of Permit_20180207P Water Resources Environmental Quality February 7, 2018 Jim Fletchner, PE Executive Director Cape Fear Public Utility Authority 235 Government Center Drive Wilmington, NC 28403 ROY COOPER Governor MICHAEL S. REGAN Secretmy LINDA CULPEPPER Interum Director Subject: Final NPDES Permit Renewal Perms NCO023973 M'Kean Maffitt (Southside) WWTP New Hanover County Class 4, SIC Code 4952 Dear Mr. Flechtner: 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 Copper and Dissolved Oxygen 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 draft permit sent to you on December 19, 2017: • Section A. (9.) Copper Compliance Schedule, Step 3 was revised to read- "Within three (3) years from the effective date of the permit, the Permittee shall submit a report to the Division summarizing actions taken during the previous year to achieve compliance with the final copper limitations The actions shall be to accordance with the Corrective Action Plan submitted and approved by DWR " This change was based on a comment from DWR Wilmington Regional Office. • While no other changes were made, it should be noted that comments were received from CFPUA requesting changes in TRC language, insertion of a special condition from a related permit, and inquiring about possible effects of reclassification of the Cape Fear River as a SC-Sw (swamp water). The comments and DWR responses are attached. The final permit maintains the following significant changes identified in the letter sent on December 19, 2017: Notning Lompares l-., State of North Carolina I Environmental Quality 1611 Mail Service Center I Raleigh, North Carolina 27699-1611 919-707-9000 The receiving stream, the Cape Fear River, is designated a Primary Nursery Area (PNA) in 15A NCAC 03R .0103(19)(a), which meets High Quality Water (HQW) status with specific water quality standards for new and expanded discharges per 15A NCAC 02B .0224. Your facility's current permitted flow of 12 MGD predates the effective date of the PNA designation, so limits are not affected. However, the HQW-related limits do apply to the expansion phases at 16, 20 and 24 MGD Limits include BODS = 5 mg/L, TSS = 10 mg/L, NH3-N = 2 mg/L and DO = 6 mg/L; and a safety factor of % normal standard is included for individual toxics. Coincidentally, equivalent BOD and DO limits are already in Lhe current permit for the expanded phases, as are lower NH3-N limits. Therefore, TSS limits of 10 mg/L monthly average and 15 mg/L weekly average have been added to the permit at 16, 20 and 24 MGD expansion phases. 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 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. The saltwater standards for several metals are expressed as the dissolved form of the metals. Based on the EPA -approved WQSs, a monthly average limit of 3 7 µg/L and a daily maximum limit of 5.8 µg/L for Total Copper have been added to the permit's 12 MGD effluent page with a requirement that samples be taken monthly. Results of a reasonable potential analysis on submitted data at 12 MGD flow indicated a reasonable potential to exceed the instream WQS. To allow time and actions toward meeting the new Total Copper limits, a 4 -year compliance schedule has been added to the permit with annual milestones. [See Section A. (9 ).] Based on the PNA designation of the receiving stream, a monthly average limit of 1 8 µg/L and a daily maximum limit of 2.9 µg2 for Total Copper have been added to the permit at 16, 20 and 24 MGD phases, and samples shall be taken monthly. Results of a reasonable potential analysis on submitted data at all expanded flow scenarios indicated a reasonable potential to exceed the instream WQS. To allow time and actions toward meeting the new Total Copper limits should expansion occur before permit expiration, the 4 -year compliance schedule mentioned above is likewise applied. [See Section A. (9.).] Effluent mercury data was reviewed from June 2014 through September 2017. The Permittee tested effluent for Total Mercury using EPA test Method 1631 E 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 25.0 ng/L and no exceedance of the Technology Based Effluent Limitation (TBEL) of 47 ng/L A review of the data at all flow scenarios showed that the annual averages were below the WQBEL and all data were below the TBEL; therefore, no mercury limitation is required. Twenty-two (22) out of 23 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 Section A. (8.). Please note that the Permittee shall develop and implement a MMP during this permit term. The MMP shall be developed within 180 days of the NPDES Permit Effective Date, 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.//portal.ncdenr.org/web/wq/swl/ps/npdes, under Model Mercury Mnumization Plan). Page 2 of 4 Results of a Reasonable Potential Analysis of effluent sampling data for Total Nickel showed no reasonable potential to violate NC water quality standards instream, but the maximum predicted value was more than half of the allowable concentration at 12 MGD. A reasonable potential was detected at the higher tiered flows, but this was based on several non -detects that were above the allowable discharge concentration of 4.2 µg/L plus two detects that were below this value No limits or monitoring for Total Nickel have been added to the permit; however, quarterly monitoring for Total Nickel shall be maintained as part of the Permittee's Pretreatment Long Term Monitoring Program (LTMP), and shall be reported via DMRs. Review of submitted effluent data found 14 non -detects of Total Nickel at < 10 µg/L and two detections: at 1.6 and 1.8 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 Quantitation Limit (PQL) for Total Nickel at < 2.0 µg/L. The allowable discharge concentration for your facility is 8.3 µg/L Total Nickel at 12 MGD, and 4.2 µg/L Total Nickel at 16, 20 and 24 MGD flow rates. Therefore, effluent sampling for Total Nickel as monitored via the Permittee's LTMP and effluent scans, shall be analyzed down to the lower reporting level of the procedure, (— < 2.0 µg/L), for all permitted flow rates. Additional monitoring and limits may be added in the next permit renewal if compliance is not demonstrated. • Results of a Reasonable Potential Analysis of effluent sampling data for Total Phenolic Compounds showed no reasonable potential to violate NC water quality standards instream, but the maximum predicted value was more than half of the allowable concentration at 16, 20 and 24 flow rates. Quarterly monitoring for Total Phenolic Compounds has been added to the permit at the three expansion flows. Review of submitted effluent data found 14 non -detects of Total Silver at < 2 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 PQL for Total Silver at < 1.0 µg/L. The allowable discharge concentration for your facility is 0.10 µg/L Total Silver at 12 MGD, and 0.05 µg/L Total Silver at 16, 20 and 24 MGD. The Division recommends that the Permittee improves and implements "clean" sampling techniques, and analyzes Total Silver to the lower reporting level of the procedure. Quarterly monitoring for Total Silver has been added to the permit • Results of a Reasonable Potential Analysis of effluent sampling data for Total Zinc showed no reasonable potential to violate NC water quality standards instream, but the maximum predicted value was more than half of the allowable concentration at 16, 20 and 24 MGD flow rates. Quarterly monitoring for Total Zinc shall be maintained as part of the Permittee's Pretreatment Long Term Monitoring Program (LTMP), and shall be reported via DMRs. Effluent Pollutant Scans shall be sampled in three years within the permit term per 40 CFR 122. The years Effluent Pollutant Scans shall be sampled are 2019, 2020 and 2021. [See Special Condition A. (6.).] • The Modeling Requirement [Special Condition A. (7.)] has been revised to include submission of a Dilution Study Plan to the Division for review and approval. The condition has also been revised to recognize that a dilution study may be performed at 12 MGD or at a minimum prior to expansion. Page 3 of 4 As a result, revision to the dilution study will be necessary to reflect any changes to the outfall structure. Please review it carefully. Federal regulations require electromic 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 continue reporting discharge monitoring data electronically using the NC DWR's Electronic Discharge Monitoring Report (eDMR) internet application has been added to your final NPDES permit [See Special Condition A. (12.) — Electronic Reporting of Monitoring Reports.]. 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. For more information on EPA's final NPDES Electronic Reporting Rule, please visit the following web site: https://www.federalrej4--ster Dov/documents/2015/10/22/2015-24954/national-pollutant- discharge-elimination-system-npdes-electronic-reportmg-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 e-mail at gary.perlmutter@ncdenr.gov. Sincerely, t4Dv l' Culpep , terim Director Al- Za on of Water Resources, NCDEQ Hardcopy: NPDES Files Central Files DWR / Wilmington Regional Office / Water Quality E -copy: US EPA Region 4 DWR / Ecosystems Branch / Mark Vander Bourgh DWR / Aquatic Toxicology Branch / Susan Meadows DWR / PERCS / Deborah Gore Page 4 of 4 Mean Maffit (Southside) WWTP Public Comments by Beth Eckert, CFPUA NCO023973 • Comment: "Regarding the reporting of Total Residual Chlorine non -detect values - It is our understanding that NCWQA discussed this language with Linda Culpepper on December 201h and we are requesting that the language on Page 4, footnote 4 be changed to state: All TRC values below 50 ug/L shall be reported as "<50" and such values shall be compliant with any permit limitation less than 50 ug/L." Response: NC agreed to look at what is being done in other states with TRC reporting, but did not agree to any changes at this time. As stated to the NCWQA attorney, DWR is, investigating this and other options at this time. That said, our policy remains in effect, which requires the Permittee to report the lowest certified TRC value while openly acknowledging that certified values < 50 ug/L will be considered in compliance. The wording in the footnote will be maintained. • Comment: "Implementation of the more stringent PNA TSS limits - Although the Northside WWTP, NC 0023965) discharges into a PNA area as well, CFPUA and NCDEQ negotiated a Special condition A6 of this permit which established 30/45 TSS limits conditioned upon a filter by-pass prohibition. We would like to request that this condition be applied to the future expansion versions of the permit and the 30/45 TSS limits be allowed to remain based on this condition." Response: The Special Condition A.(6.) in the Northside WWTP permit was put into place in the 2012 renewal because the Permittee had already designed for expansion to 16 MGD, and received an Authorization to Construct (AtC) for it. Therefore, it was considered impractical to impose the stricter TSS limits at that time, and the condition was put in the permit to prohibit bypass of its existing four tertiary filters (installed during a previous upgrade) in lieu of imposing the more stringent limits. However, should Northside plan for further expansion, the more stringent limits would apply, and the special condition would be modified accordingly. For the Southside WWTP, DWR has not issued an AtC for expansion detailing equipment changes. While tertiary filters are not currently installed, they are depicted in an expansion site plan drawing that was included in the current permit renewal application. However, it is not clear how many filters are to be installed (i.e., is there redundancy should one filter be taken offline?). NPDES Standard Conditions Part II, Section C. (2.) states, in part: "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... This provision requires the Permittee to install and operate backup or auxiliaryfacilities only when necessary to achieve compliance with the conditions of the permit." In other words, if the Permittee designs an upgrade, it must do so in order to meet more stringent limits, if applicable. Because the discharge is in a PNA and PNAs are High Quality Waters, HQW- related limits, including 10/15 mg/L TSS, do apply. Special Condition A.(6.) in the Northside permit is not applicable to the Southside WWTP. Therefore, the current TSS limits of 30/45 mg/L will be maintained in the permit at the current permitted 12 MGD flow, and the more stringent TSS limits of 10/15 mg/L will apply at the 16, 20 and 24 MGD expansion phases. • Comment: "As you stated the Lower Cape Fear River stream is listed as impaired for both Copper and D0. We agree that addressing impaired water should be a high priority for the division and is for CFPUA as well with regard to any potential impacts we may have on the Page 1 of 2 M'Kean Maffit (Southside) WWTP Public Comments by Beth Eckert, CFPUA NCO023973 receiving stream. Can you explain the applicability/impact of the new class C swamp -influenced reclassification of the Lower Cape Fear River Estuary may have on these designations or other potential limitations as we move forward?" Response: The receiving stream segment 18-(71) has been reclassified as a SC-Sw (swamp water) in 15A 02B .0227 as of June 2017. However, it is not yet submitted to the EPA for approval. If approved, the revised rule will be implemented for permitting purposes. The reclassification includes a Water Quality Management Plan for dischargers, which contains three parts: (A) Effluent limitations shall be as follows. BOD = 5 mg/L, NH3 =1 mg/L, and DO = 6 mg/L, or utilize site-specific best available technology on a case-by-case basis for industrial dischargers... These limits are already in the permit for Southside's expansion phases and thus there are no practical implications in terms of limits from the reclassification. (B) Seasonal effluent limits for oxygen consuming wastes shall be considered... Seasonal limits for BOD and NH3 are already in the permit for Southside's expansion phases. (C) Any new or expanded permit pollutant discharge of consuming waste shall not cause the dissolved oxygen of the receiving water to drop more than 0.1 mg/L below the modeled in -stream dissolved oxygen at total permitted capacity for all discharges. A water quality loading evaluation was conducted in 2015, which resulted in a 66% reduction in ultimate oxygen loading demand at full expansion, primarily as a result of lowered ammonia limits in the expansion phases. The evaluation concluded that the proposed expansion will provide a net benefit to instream DO conditions. Overall, there would be no effect to Southside's permit if the stream reclassification is approved by the EPA and becomes implemented. Stream impairment listing is independent of stream classification, so the current impairment listing would not be affected by the recent reclassification. It is not yet clear if the DO and Copper impairments will change in future 303(d) listings. Our policy is to follow the most recent published and EPA -approved 303(d) listing for impairment designations, which currently is the Final 2014 303(d) listing. Page 2 of 2 Permit NCO023973 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 provision 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 Cape Fear Public Utility Authority is hereby authorized to discharge wastewater from a facility located at the M'Kean Maffitt (Southside) WWTP 3436 River Road Wilmington, NC 28412 New Hanover County to receiving waters designated as Cape Fear River in the Cape Fear 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 March 1, 2018. This permit and authorization to discharge shall expire at midnight on November 30, 2022. Signed this day February 7, 2018. LtL ,ftiL Culpepper, t ector ision of Water Resources By Authority of the Environmental Management Commission Permit NC0023973 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 Cape Fear Public Authority is hereby authorized to: 1. Continue to operate an existing 12.0 MGD wastewater treatment system consisting of the following: • Influent metering • Standby manual bar screen • Dual mechanical bar screens, each with grit removal and storage unit • Splitter box • Dual primary clarifiers • Dual trickling filters (180 feet diameter) • Short-term aeration basm • Splitter box • Three screw lift pumps • Dual secondary clarifiers • Return activated sludge pumping station • Chlorine gas disinfection facilities • Liquid dechlorination facilities • Flash mixer for chlorine gas • Dual chlorine contact chambers • Outfall structure with flow metes • Main plant backup generator • Lift -station generator, automatically activated (with backup generator) • Primary and waste -activated sludge pump stations • Two gravity -belt thickeners, two belt filter presses; four anaerobic digesters; alkaline stabilization, covered storage area • Solids land application The facility is located at the M'Kean Maffitt (Southside) WWTP, 3436 River Road, Wilmington in New Hanover County. 2. After receiving an Authorization to Construct from the Division, construct and operate facilities giving the system a treatment capacity of 16.0 MGD; and 3. After receiving an Authorization to Construct from the Division, construct and operate facilities giving the system a treatment capacity of 20 0 MGD; and 4. After receiving an Authorization to Construct from the Division, construct and operate facilities giving the system an ultimate treatment capacity of 24.0 MGD; and 5. Discharge from said treatment facility through Outfall 001 at the location specified on the attached map into the Cape Fear River, classified as a Class SC-PNA stream in the Cape Fear River Basin. Page 2 of 20 Permit NCO023973 PART I A. (1.) EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS (12.0 MGD) [15A NCAC 02B 0400 et seq., 02B .0500 et seq.] a. During the period beginning on the effective date and lastmg until expansion above 12.0 MGD (and receipt of the Engineer's Certification of completion) or permit 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: EFFLUENT CHARACTERISTICS LIMITS MONITORING REQUIREMENTS Monthly Average Weekly Average Daily Maximum Measurement Frequency Sample Type Sample Location 2 Flow 12 0 MGD Continuous Recording Influent or Effluent CBOD, 5 -day, 20°C 3 25 0 mg/L 40 0 mg/L 2/Week Composite Influent and Effluent Total Suspended Solids (TSS) 3 30 0 mg/L 45 0 mg/L 2/Week Composite Influent and Effluent Ammonia—N (NI -13-N) (mg/L) Monitor and Report 3/Week Composite Effluent Enterococci (geometric mean) 35/100 mL 276/100 mL 2/Week Grab Effluent Total Residual Chlorine (TRC) 4 13.0 µg/L Daily Grab Effluent Temperature (°C) Monitor and Report Daily Grab Effluent pH Between 6 8 and 8 5 Standard Units 3/Week Grab Effluent Dissolved Oxygen (DO) (mg/L) Monitor and Report Daily Grab Effluent Total Nitrogen (mg/L) 5 Monitor and Report Monthly Composite Effluent Total Phosphorus (mg/L) Monitor and Report Monthly Composite Effluent Total Copper 6 3 7 Ng/L 1 1 5 8 Ng/L Monthly Composite Effluent Total Silver (µg/L) 7 Monitor and Report Quarterly Composite Effluent Chronic Toxicity 8 Cenodaphnia dub►a Pass/Fad at 3% effluent Quarterly Composite Effluent Effluent Pollutant Scan Monitor and Report Footnote 9 Footnote 9 Effluent Dissolved Oxygen (DO) (mg/L)10 Variable 11 Grab Upstream, Downstream Temperature (°C)10 Variable 11 Grab Upstream, Downstream All footnotes are listed on the following page. Page 3 of 20 Permit NC0023973 Footnotes* 1. Submit discharge monitonng reports electronically using NC DWR's eDMR application system; see Section A. (12.). 2. Upstream is at a point equidistant between the radio tower north of the WWTP and the northern end of the dredge spoil island immediately east of the outfall. Downstream is at a point equidistant between the mouth of Barnards Creek and the southern end of the dredge spoil island immediately east of the outfall. 3. The monthly average effluent CBOD5 and TSS concentrations shall not exceed 15% of the respective influent value (85% removal). 4. The Division shall consider all effluent TRC values reported below 50 gg/L to be in compliance with the permit. However, the Permittee shall continue to record and submit all values reported by a North Carolina certified laboratory (including field certified), even if these values fall below 50 gg/L. 5. Total Nitrogen = TKN + NO3-N + NO2-N, where TKN is Total Kjeldahl Nitrogen, NO3-N is Nitrate Nitrogen, and NO2-N is Nitrite Nitrogen 6. The facility shall follow the compliance schedule detailed in Section A. (9.). The Permittee shall achieve compliance with these limitations by March 1, 2022. 7. Total Silver shall be monitored using "clean" sampling techniques and reported to the lower reporting level of the procedure. 8. Whole Effluent Toxicity shall be monitored using the Pass/Fall Chronic Toxicity test with Ceriodaphnia dubia at 3% effluent Samples shall be taken in March, June, September & December; see Section A. (5 ). 9. The Permittee shall perform three Effluent Pollutant Scans during the term of this permit; see Section A. (6.). 10. The Permittee has deferred receiving -stream sampling to the Lower Cape Fear River Program by memorandum of agreement (MOA). Should this MOA ternunate for any reason, the Permittee shall immediately inform the Division in wntmg and immediately resume instream monitoring in accordance with this permit 11. Stream samples shall be collected 3/week from June 1 through September 30, and collected weekly from October 1 through May 31. b. There shall be no discharge of floating solids or visible foam in other than trace amounts. Page 4 of 20 Permit NCO023973 A. (2.) EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS (16.0 MGD) [15A NCAC 02B .0400 et seq., 02B .0500 et seq.] a. Beginning upon receipt of the Engineer's Certification of completion of the 16.0 MGD expansion and lasting until expansion above 16.0 MGD (and receipt of the Engineer's Certification of completion) or permit 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: EFFLUENT CHARACTERISTICS LIMITS MONITORING REQUIREMENTS Monthly Average Weekly Average Daily Maximum Measurement Frequency Sample Type Sample Location 2 Flow 16.0 MGD Continuous Recording Influent or Effluent BOD, 5 -day, 20°C (Summer April 1 through October 31) 3 5.0 m /L g 7 5 m /L g Dail y Composite p Influent and Effluent BOD, 5 -day, 20°C (Winter 3 November 1 through March 31) 10 0 mg/L 15 0 mg/L Daily Composite Influent and Effluent Total Suspended Solids (TSS) 3 10 0 mg/L 15.0 mg/L Daily Composite Influent and Effluent NH3—N (Summer April 1 through October 31) 10 mg/L 3 0 mg/L 3Meek Composite Effluent NH3—N (Winter. November 1 through March 31) 2 0 mg/L 6 0 mg/L 3/Week Composite Effluent Enterococci (geometric mean) 35/100 mL 276/100 mL Daily Grab Effluent Total Residual Chlorine (TRC) 4 13.0 pg/L Daily Grab Effluent Temperature (°C) Monitor and Report Daily Grab Effluent pH Between 6.8 and 8.5 Standard Units Daily Grab Effluent Dissolved Oxygen (DO) Daily average >_ 6.0 mg/L Daily Grab Effluent Total Nitrogen (mg/L) 5 Monitor and Report Monthly Composite Effluent Total Phosphorus (mg/L) Monitor and Report Monthly Composite Effluent Total Phenolic Compounds (N9/L) Monitor and Report Quarterly Composite Effluent Total Copper (Ng/L) 6 18 Ng/L 2 9 pg/L Monthly Composite Effluent Total Silver (µg/L) 7 Monitor and Report Quarterly Composite Effluent Chronic Toxicity 8 Ceriodaphnia dubia Pass/Fail at 4% effluent Quarterly Composite Effluent Effluent Pollutant Scan Monitor and Report Footnote 9 Footnote 9 Effluent Dissolved Oxygen (DO) (mg/L) 10 Variable 11 Grab Upstream, Downstream Temperature (°C) 10 Variable 11 Grab Upstream, Downstream All footnotes are listed on the following page. Page 5 of 20 Permit NC0023973 Footnotes: 1. Submit discharge monitoring reports electronically using NC DWR's eDMR application system; see Section A. (12.) 2. Upstream is at a point equidistant between the radio tower north of the WWTP and the northern end of the dredge spoil island immediately east of the outfall. Downstream is at a point equidistant between the mouth of Barnards Creek and the southern end of ¢he dredge spoil island immediately east of the outfall. 3. The monthly average effluent BODS and TSS concentrations shall not exceed 15% of the respective influent value (85% removal). 4. Limit and momtor only if the facility adds chlorine or chlorine derivatives to wastewater that is eventually discharged. The Division shall consider all effluent TRC values reported below 50 gg/L to be in compliance with the permit. The Permittee shall continue to record and submit all values reported by a North Carolina certified laboratory (including field certified), even if these values fall below 50 gg/L. 5. Total Nitrogen = TKN + NO3-N + NO2-N, where TKN is Total Kjeldahl Nitrogen, NO3-N is Nitrate Nitrogen, and NO2-N is Nitrite Nitrogen. 6. The facility shall follow the compliance schedule detailed in Section A. (9 ). The Permittee shall achieve compliance with these limitations by March 1, 2022. 7. Total Silver shall be monitored using "clean" sampling techniques and reported to the lower reporting level of the procedure. 8. Whole Effluent Toxicity shall be monitored using the Pass/Fail Chronic Toxicity test with Ceriodaphnia dubaa at 4% effluent. Samples shall be taken in .March, June, September and December; see Section A. (5.). 9. The Permittee shall perform three Effluent Pollutant Scans during the term of this permit; see Section A. (6.). 10 The Permittee has deferred receiving -stream sampling to the Lower Cape Fear River Program by memorandum of agreement (MOA) Should this MOA terminate for any reason, the Permittee shall immediately mform the Division in writing and immediately resume mstream monitoring in accordance with this permit. 11. Stream samples shall be collected 3/week from June 1 through September 30, and collected weekly from October 1 through May 31 b. There shall be no discharge of floating solids or visible foam in other than trace amounts. Page 6 of 20 Permit NCO023973 A. (3.) EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS (20.0 MGD) [15A NCAC 02B .0400 et seq., 02B .0500 et seq.] a. Beginning upon receipt of the Engineer's Certification of completion of the 20.0 MGD expansion and lasting until expansion above 20.0 MGD (and receipt of the Engineer's Certification of completion) or permit 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: EFFLUENT CHARACTERISTICS LIMITS MONITORING REQUIREMENTS Monthly Average Weekly Average Daily Maximum Measurement Frequency Sample Type Sample Location 2 Flow 20 0 MGD Continuous Recording Influent or Effluent BOD, 5 -day, 20°C (Summer. April 1 through October 31) 3 5 0 m /L g 7.5 m /L g Dad y Composite p Influent and Effluent BOD, 5 -day, 20°C (Winter. November 1 through March 31) 3 10.0 mg/L 15 0 mg/L Daily Composite Influent and Effluent Total Suspended Solids (TSS) 3 10 0 mg/L 15 0 mg/L Daily Composite Influent and Effluent NH3—N (Summer April 1 through October 31) 10 mg/L 3 0 mg/L 3/Week Composite Effluent NH3—N (Winter. November 1 through March 31) 2.0 mg/L 6 0 mg/L 3/Week Composite Effluent Enterococci (geometric mean) 35/100 mL 276/100 mL Daily Grab Effluent Total Residual Chlorine (TRC) 4 13.0 µg/L Daily Grab Effluent Temperature (°C) Monitor and Report Daily Grab Effluent pH Between 6.8 and 8.5 Standard Units Daily Grab Effluent Dissolved Oxygen (DO) Daily average >— 6 0 mg/L Daily Grab Effluent Total Nitrogen (mg/L) 5 Monitor and Report Monthly Composite Effluent Total Phosphorus (mg/L) Monitor and Report Monthly Composite Effluent Total Phenolic Compounds (u9/L) Monitor and Report Quarterly Composite Effluent Total Copper (Ng/L) 6 18 Ng/L 2.9 Ng/L Monthly Composite Effluent Total Silver (µg/L) 7 Monitor and Report Quarterly Composite Effluent Chronic Toxicity 8 Cernodaphnia dubia Pass/Fail at 5% effluent Quarterly Composite Effluent Effluent Pollutant Scan Monitor and Report Footnote 9 Footnote 9 Effluent Dissolved Oxygen (DO) (mg/L) 10 Variable 11 Grab Upstream, Downstream Temperature (°C) 10 Variable 11 Grab Upstream, Downstream All footnotes are listed on the following page. Page 7 of 20 Permit NC0023973 Footnotes: 1. Submit discharge monitoring reports electronically using NC DWR's eDMR application system; see Section A (12.). 2. Upstream is at a point equidistant between the radio tower north of the WWTP and the northern end of the dredge spoil island immediately east of the outfall. Downstream is at a point equidistant between the mouth of Barnards Creek and the southern end of the dredge spoil island immediately east of the outfall. 3. The monthly average effluent BODS and TSS concentrations shall not exceed 15% of the respective influent value (85% removal) 4. Limit and monitor only if the facility adds chlorine or chlorine derivatives to wastewater that is eventually discharged. The Division shall consider all effluent TRC values reported below 50 µg/L to be in compliance with the permit. However, the Permittee shall continue to record and submit all values reported by a North Carolina certified laboratory (including field certified), even if these values fall below 50 µg/L. 5. Total Nitrogen = TKN + NO3-N + NO2-N, where TKN is Total Kjeldahl Nitrogen, NO3-N is Nitrate Nitrogen, and NO2-N is Nitrite Nitrogen. 6. The facility shall follow the compliance schedule detailed in Section A. (9.). The Permittee shall achieve compliance with these limitations by March 1, 2022. 7. Total Silver shall be monitored using "clean" sampling techniques and reported to the lower reporting level of the procedure. 8. Whole Effluent Toxicity will be monitored using the Pass/Fall Chronic Toxicity test with Ceriodaphnia dubaa at 5% effluent. Samples shall be taken in March, June, September and December; see Section A. (5.). 9. The Permittee shall perform three Effluent Pollutant Scans during the term of this permit; see Section A. (6.). 10. The Permittee has deferred receiving -stream sampling to the Lower Cape Fear River Program by memorandum of agreement (MOA). Should this MOA terminate for any reason, the Permittee shall immediately inform the Division in writing and immediately resume instream monitoring in accordance with this permit. 11 Stream samples shall be collected 3/week from June 1 through September 30, and collected weekly from October 1 through May 31. b. There shall be no discharge of floating solids or visible foam in other than trace amounts. Page 8 of 20 Permit NCO023973 A. (4.) EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS (24.0 MGD) [15A NCAC 02B .0400 et seq , 02B .0500 et seq.] a. Begmning upon receipt of the Engineer's Certification of completion of the 24.0 MGD expansion and lasting until permit 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: EFFLUENT CHARACTERISTICS LIMITS MONITORING REQUIREMENTS Monthly Average Weekly Average Daily Maximum Measurement Frequency Sample Type Sample Location 2 Flow 24 0 MGD Continuous Recording Influent or Effluent BOD, 5 -day, 20°C (Summer. April 1 through October 31) 3 5 0 m /L g 7 5 m /L g Dad y Composite p Influent and Effluent BOD, 5 -day, 20°C (Winter. 3 November 1 through March 31) 10 0 mg/L 15 0 mg/L Daily Composite Influent and Effluent Total Suspended Solids (TSS) 3 10 0 mg/L 15 0 mg/L Daily Composite Influent and Effluent NH3—N (Summer April 1 through October 31) 10 mg/L 3 0 mg/L 3/Week Composite Effluent NH3—N (Winter November 1 through March 31) 2.0 mg/L 6 0 mg/L 3/Week Composite Effluent Enterococci (geometric mean) 35/100 mL 276/100 mL Daily Grab Effluent Total Residual Chlorine (TRC) 4 13 0 µg/l- Daily Grab Effluent Temperature (°C) Monitor and Report Daily Grab Effluent pH Between 6 8 and 8 5 Standard Units Daily Grab Effluent Dissolved Oxygen (DO) Daily average >— 6 0 mg/L Daily Grab Effluent Total Nitrogen (mg/L) 5 Monitor and Report Monthly Composite Effluent Total Phosphorus (mg/L) Monitor and Report Monthly Composite Effluent Total Phenolic Compounds (N9/L) Monitor and Report Quarterly Composite Effluent Total Copper (Ng/L) 6 18 Ng/L 2 9 Ng/L Monthly Composite Effluent Total Silver (µg/L) 7 Monitor and Report Quarterly Composite Effluent Chronic Toxicity 8 Cenodaphn►a dubia Pass/Fad at 6% effluent Quarterly Composite Effluent Effluent Pollutant Scan Monitor and Report Footnote 9 Footnote 9 Effluent Dissolved Oxygen (DO) (mg/L) 10 Variable 11 Grab Upstream, Downstream Temperature (°C) 10 Variable 11 Grab Upstream, Downstream All footnotes are listed on the following page. Page 9 of 20 Permit NC0023973 Footnotes: 1. Submit discharge monitoring reports electronically using NC DWR's eDMR application system; see Section A. (12.). 2. Upstream is at a point equidistant between the radio tower north of the WWTP and the northern end of the dredge spoil island immediately east of the outfall. Downstream is at a point equidistant between the mouth of Barnards Creek and the southern end of the dredge spoil island immediately east of the outfall. 3. The monthly average effluent BODS and Total Suspended Solids concentrations shall not exceed 15% of the respective influent value (85% removal) 4 Limit and monitor only if the facility adds chlorine or chlorine derivatives to wastewater that is eventually discharged. The Division shall consider ali effluent TRC values reported below 50 µg/L to be in compliance with the permit. However, the Permittee shall continue to record and submit all values reported by a North Carolina certified laboratory (including field certified), even if these values fall below 50 µg/L. 5. Total Nitrogen = TKN + NO3-N + NO2-N, where TKN is Total Kjeldahl Nitrogen, NO3-N is Nitrate Nitrogen, and NO2-N is Nitrite Nitrogen. 6. The facility shall follow the compliance schedule detailed in Section A. (9.). The Permittee shall achieve compliance with these limitations by March 1, 2022. 7. Total Silver shall be monitored using "clean" sampling techniques and reported to the lower reporting level of the procedure. 8. Whole Effluent Toxicity shall be monitored using the Pass/Fail Chronic Toxicity test with Ceriodaphnia dubia at 6% effluent. Samples shall be taken in March, June, September and December; see Section A. (5.). 9. The Permittee shall perform three Effluent Pollutant Scans during the term of this permit; see Section A. (6 ). 10. The Permittee has deferred receiving -stream sampling to the Lower Cape Fear River Program by memorandum of agreement (MOA). Should this MOA terminate for any reason, the Permittee shall immediately inform the Division in writing and immediately resume instream monitoring in accordance with this permit. 11 Stream samples shall be collected 3/week from June 1 through September 30, and collected weekly from October 1 through May 31. b. There shall be no discharge of floating solids or visible foam in other than trace amounts. Page 10 of 20 Permit NCO023973 A.(5.) CHRONIC TOXICITY PERMIT LIMIT (Quarterly) [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 3.0% at 12 MGD; 4.0% at 16 MGD; 5.0% at 20 MGD; and 6.0% at 24 MGD. The permit holder shall perform at a minimum, guarterlX monitoring using test procedures outlined in the "North Carolina Ceriodaphnia Chronic Effluent Bioassay Procedure," Revised December 2010, or subsequent versions or "North Carolina Phase H Chronic Whole Effluent Toxicity Test Procedure" (Revised- December 2010) or subsequent versions. The tests will be performed during the months of March, June, September and December. 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 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 H 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 TGP311 for the pass/fail results and THP3B for the Chronic Value. Additionally, DWR Form AT -3 (original) is to be sent to the following address 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. 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. Page 11 of 20 Permit NC0023973 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 12 of 20 Permit NCO023973 A.(6.) 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, NH3-N) Chlorine (total residual, TRC) Dissolved oxygen Nitrate/Nitnte Kjeldahl nitrogen 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 orranic compounds: Acrolem Acrylonitnle 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 Tnchloroethylene Vinyl chloride Acid -extractable compounds: P -chloro -m -cresol 2 -chlorophenol 2,4-dichlorophenol 2,4 -dimethylphenol 4,6-dnutro-o-cresol 2,4-dinitrophenol 2-mtrophenol 4-nitrophenol 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 13 of 20 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-dmitrotoluene 2,6-dinitrotoluene 1,2-diphenylhydrazine Fluoranthene Fluorene Hexachlorobenzene Hexachlorobutadiene Hexachlorocyclo-pentadiene Hexachloroethane Indeno (1, 2, 3 -cd)pyrene Isophorone Naphthalene Nitrobenzene N-nitrosodi-n-propylamine N-mtrosodunethylamme N-mtrosodiphenylamine Phenanthrene Pyrene 1,2,4-tnchlorob enzene Permit NCO023973 Reporting. Test results shall be reported on DWR Form -A MR-PPAI (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 (4%) 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. Page 14 of 20 Permit NCO023973 A. (7.) MODELING REQUIItEMENT [G. S. 143-215.1 (b)] 1. Dilution Study for 12 MGD: a) Should the Permittee choose to perform a Dilution Study for Outfall 001 to determine effluent dilution in the Cape Fear River prior to expansion above 12 MGD, then the Permittee shall submit a Dilution Study Plan to the Division for review and approval. The Plan shall include a proposed modeling approach and justification for the use of the selected model (CORMIX or equivalent), a proposed sampling protocol, and a timeline for completion of the study. A final model report shall be submitted to the Division within 30 days of completion of the study. The report shall include a summary of all data collected, model assumptions, model setup, model input and model results. The report shall be submitted to the following address: NC Division of Water Resources NPDES Complex Permitting Unit 1617 Mail Service Center Raleigh, NC 2699-1617 b) The dilution factor determined by the CORMIX model (or equivalent) shall be used by the Permittee for the chronic effluent test concentration once the model is reviewed and approved by the Division. 2. Dilution Study for expanded flows: a) The CORMIX (or equivalent) model used to determine dilution for Outfall 001 at 12 MGD shall be updated to evaluate dilution for the proposed expanded flows (16 MGD, 20 MGD, and 24 MGD). However, if a model was not developed for 12 MGD, then the Permittee shall submit a Dilution Study Plan for 16 MGD to the Division for review and approval prior to expansion. Guidelines detailed in Subsection A. (7.)(1.) above, shall be followed for the 16 MGD dilution study and model The Permittee shall submit a revised model providing additional information regarding end -of -pipe dilution at the same time as the Authorization to Construct (AtC) application is submitted. The model shall address dilution at the approved increased flow rate into the Cape Fear River at M'Kean Maffit WWTP's discharge point for the proposed discharge configuration. The model report shall be submitted to the following address NC Division of Water Resources NPDES Complex Permitting Unit 1617 Mail Service Center Raleigh, NC 2699-1617 b) The dilution factor determined by the CORMIX model (or equivalent) shall be used by the permittee for the chronic effluent test concentration once the model is reviewed and approved by the Division. Page 15 of 20 Permit NCO023973 A. (8.) 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 by September 1, 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 MMP 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. A.(9.) SCHEDULE OF COMPLIANCE FOR TOTAL COPPER LIMITATIONS [G.S 143-215.1(b)] 1. By March 1, 2019, the Permittee shall submit to the Division of Water Resources a Corrective Action Plan summarizing the strategy or actions to be taken to achieve compliance with the Total Copper limitations listed in Sections A. (1.) through A. (4.), which includes specific dates for completion or implementation of each action 2. By March 1, 2020, the Permittee shall submit a report to the Division summarizing actions taken in accordance with the Corrective Action Plan submitted and approved by DWR. 3. By March 1, 2021, the Permittee shall submit a report to the Division summanzmg actions taken during the previous year to achieve compliance with the final copper limitations. The actions shall be in accordance with the Corrective Action Plan submitted and approved by DWR. 4. The Permittee shall achieve compliance with Total Copper limitations specified in Sections A. (1.) through A. (4 ) by March 1, 2022. Upon approval of the Corrective Action Plan by the Division, the report and actions become an enforceable part of this permit. Any modifications to the schedule shall be requested to the Division at least ninety (90) days before the deadline. Modifications to the schedule in excess of four (4) months will be subject to public notice. Corrective Action Plan and Reports shall include the owner's name, NPDES permit number and Permittee contact person, and shall be submitted to: (1) NCDEQ / Division of Water Quality NPDES Permitting 1617 Mail Service Center Raleigh, NC 27699-1617 Page 16 of 20 (2) NCDEQ / Division of Water Quality Wilmington Regional Office 127 Cardinal Drive Ext. Wilmington, NC 28405 Permit NCO023973 A. (10.) HISTORICAL PERMIT LIMITS The Division recognizes that prior to issuance of this permit, the M'Kean Maffitt (Southside) WWTP was permitted to discharge with secondary limits of 25.0 mg/L CBOD5, 30.0 mg/L TSS, and no limit for NH3-N. At the permitted flow of 12.0 MGD, these limits translate approximately to mass loads of 457 tons per year (tpy) BODS, 548 tpy TSS, and 365 tpy NH3-N (assuming 20 mg/L). The mass loads described in this paragraph will be one factor the Division considers when developing future wasteload allocations resulting from the TMDL process or when considering future expansion requests for the M'Kean Maffitt WWTP. A. (11.) ANTI -BACKSLIDING The BODS and NH3-N limits in this permit may be replaced with less stringent limits without violating state and Federal anti -backsliding provisions if: 1. Material and substantial alterations or additions to the permitted facility occurred after permit issuance that justifies less stringent limits; 2. Events occurred beyond the Permittee's control for which there is no reasonably available remedy; 3. Permittee has properly installed and operated required treatment equipment that cannot achieve perinit limits; or 4 New information (other than revised regulations, guidance, or test methods) is available that justifies less stringent limits; and provided that the Division deems such modification appropriate and consistent with applicable laws and regulations Page 17 of 20 Permit NCO023973 A.(12.) 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.) Signatory Requirements • Section D. (2.) Reporting • Section D. (6.) Records Retention • Section E. (5.) Monitoring Reports 1. Reporting Requirements [Supersedes 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: Sewer Overflow/Bypass Event Reports; Pretreatment Program Annual Reports; and Clean Water Act (CWA) Section 316(b) Annual Reports. The Permittee may seek an electronic reporting waiver from the Division (see "How to Request a Waiver from Electronic Reporting" section below) Page 18 of 20 Permit NCO023973 2. Electronic Submissions In accordance with 40 CFR 122.41(1)(9), the Permittee must identify the initial recipient at the time of each electronic submission. The Permittee should use the EPA's website resources to identify the initial recipient for the electronic submission. Initial recipient of electronic NPDES information from NPDES-regulated facilities means the entity (EPA or the state authorized by EPA to implement the NPDES program) that is the designated entity for receiving electronic NPDES data [see 40 CFR 127 2(b)]. EPA plans to establish a website that will also link to the appropriate electronic reporting tool for each type of electronic submission and for each state Instructions on how to access and use the appropriate electronic reporting tool will be available as well. Information on EPA's NPDES Electronic Reporting Rule is found at: https://www.federalregister.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. How to Request a Waiver from Electronic Reporting The Permittee may seek a temporary electronic reporting waiver from the Division To obtain an electronic reporting waiver, a Permittee must first submit an electronic reporting waiver request to the Division Requests for temporary electronic reporting waivers must be submitted in writing to the Division for written approval at least sixty (60) days prior to the date the facility would be required under this permit to begin submitting monitoring data and reports. The duration of a temporary waiver shall not exceed 5 years and shall thereupon expire. At such time, monitoring data and reports shall be submitted electronically to the Division unless the Permittee re -applies for and is granted a new temporary electronic reporting waiver by the Division Approved electronic reporting waivers are not transferrable Only Permittees with an approved reporting waiver request may submit monitoring data and reports on paper to the Division for the period that the approved reporting waiver request is effective Information on eDMR and the application for a temporary electronic reporting waiver are found on the following web page: http Hdeg.ne.gov/about/divisions/water-resources/edmr 4. Signatory Requirements [Supplements Section B. (11.) (b.) and Supersedes Section B. (11.) (d.)1 All eDMRs submitted to the permit issuing authority shall be signed by a person described in Part 11, Section B (11.) (a.) or by a duly authorized representative of that person as described in Part II, Section B (11.) (b.). A person, and not a position, must be delegated signatory authority for eDMR reporting purposes. For eDMR submissions, the person signing and submitting the DMR must obtain an eDMR user account and login credentials to access the eDMR system. For more information on North Carolina's eDMR system, registering for eDMR and obtaining an eDMR user account, please visit the following web page. http•//decd nc gov/about/divisions/water-resources/edmr Page 19 of 20 Permit NCO023973 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, underpenalty 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 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 20 of 20