Loading...
HomeMy WebLinkAboutNC0039586_Corrective Action Plan_20180208�(� DUKE ENERGY FEB 0 8 1018 Serial: HNP -18-011 Ms. Linda Culpepper, Acting Director NC DEQ Division of Water Resources 512 N. Salisbury Street Raleigh, NC 27604 Paul V. Fisk Plant Manager Harris Nuclear Plant 5413 Shearon Harris Rd New Hill, NC 27562-9300 Subject: Duke Energy Progress, LLC - Shearon Harris Nuclear Power Plant (HNP) NPDES Permit No. NC0039586 Part I A.(9) - Schedule of Compliance (Outfall 006) Wake County Dear Ms. Culpepper: On September 1, 2017, Duke Energy Progress, LLC (Duke Energy) submitted a Corrective Action Plan (CAP) that summarizes the actions to be taken to achieve compliance with the total copper and total zinc limits at Outfall 006 and a schedule of actions to be taken to implement the plan. This CAP was required by Part I A.(9) of the NPDES permit. The purpose of this letter is to follow up on actions HNP is planning in accordance with this CAP. The CAP summarized the results of additional monitoring for hardness, copper, and zinc. Characterization of the Outfall 006 discharge indicates that using a hardness value higher than the default of 25 milligrams per liter (mg/L) used to derive current permit limits is appropriate for evaluating the applicable water quality criteria for metals, with recent sampling data showing an average hardness of 43.6 mg/L. Characterization of copper levels indicates that copper compliance will continue to be problematic and that further efforts to either manage water chemistry or justify alternative effluent limits are necessary. Characterization of zinc levels in the effluent indicates that the change in anticorrosion agents was successful in reducing zinc levels and no further action is needed to demonstrate compliance with the zinc effluent limit. Lastly, HNP will continue to evaluate water chemistry management efforts that can be potentially used to reduce copper. Alternatives for further adjustment of effluent limits were evaluated and HNP is recommending that water effect ratio (WER) testing be conducted to determine the levels of copper in Outfall 006 effluent. The continued water chemistry management along with WER testing are the primary activities proposed in the CAP. In HNP submittal HNP -17-071, Duke Energy requested a meeting to review and discuss the CAP and our findings to date. Unfortunately, efforts to schedule this meeting with the appropriate Division of Water Resources staff have been unsuccessful. Duke Energy is therefore proceeding with the WER testing as recommended in the CAP. HNP will be submitting a protocol and schedule for the WER testing by March 1, 2018. Copies of the HNP NPDES Permit and HNP -17-071 correspondence are included as enclosures to this letter. NC DEQ Division of Water Resources Page 2 of 2 Serial HNP -18-011 If you have any questions regarding this matter or wish to discuss in further detail, please do not hesitate to contact Mr. Bob Wilson, HNP Site Environmental Professional, at (919) 362-2444. 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. 1 am aware that there are significant penalties for submitting false information, including the possibility of fines and imprisonment for knowing violations. Sincerely, Paul V. Fisk Enclosures: Harris Nuclear Plant NPDES Permit No. NC0039586; Effective September 1, 2016 DEP Corrective Action Plan (CAP) Submittal; HNP -17-071 cc: Julie Grzyb, NC DEQ DWR NPDES Permitting Cindy Moore, NC DEQ DWR Aquatic Toxicology Danny Smith, NC DEQ DWR Raleigh Regional Office Don Safrit, Duke Energy Carolinas Permitting & Compliance Bob Wilson, HNP Site Environmental Professional NC DEQ Division of Water Resources Serial HNP -18-011 Enclosures Harris Nuclear Plant NPDES Permit No. NC0039586; Effective September 1, 2016 (47 pages plus cover) NPDES Permit NCO039586 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, Duke Energy Progress, LLC is hereby authorized to discharge wastewater from a facility located at Harris Nuclear Plant and Harris Energy and Environmental Center 5413 Shearon Harris Road New Hill Wake County to receiving waters designated as Harris Reservoir in the Cape Fear River Basin in accordance with effluent limitations, monitoring requirements, and other conditions set forth in Parts 1, II, III, IV, and V hereof. The permit shall become effective September 1, 2016. This permit and the authorization to discharge shall expire at midnight on August 31, 2021. Signed this day August 29, 2016. ORIGINAL SIGNED BY TOM BELNICK S. Jay Zimmerman, P.G. Director, Division of Water Resources By Authority of the Environmental Management Commission Page 1 of 16 NPDES Permit NC0039586 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 f►•om this facility arises under the permit conditions, requirements, terms, and provisions inchided herein. Duke Energy Progress, LLC is hereby authorized to: 1. Continue to discharge cooling tower blowdown through internal outfall 001; and 2. Continue to operate a 0.065 MGD extended aeration wastewater treatment plant consisting of dual package plants with the following components: ■ Primary treatment tank ■ equalization basin ■ aeration basin ■ sludge holding tanks ■ clarifiers ■ chlorine contact tanks ■ recirculating bed filters ■ sand filter discharging through internal outfall 002; and 3. Continue to operate a metal cleaning waste treatment system consisting of dual neutralization basins discharging through internal outfall 003; and 4. Continue to operate a low volume waste treatment system consisting of ■ Waste neutralization basin (also used for metal cleaning waste treatment, outfall 003) ■ Settling basin discharging through internal outfall 004; and 5. Continue to operate a radwaste treatment system consisting of a Modular Fluidized Transfer Demineralization System discharging through internal outfall 005; and 6. Discharge wastewater from outfalls 001 through outfall 005 through the combined outfall 006 located at the Harris Nuclear Power Plant, 5413 Shearon Harris Road, New Hill, Wake County; and 7. Continue to operate a 0.02 MGD wastewater treatment facility consisting of: ■ bar screen ■ influent pump station ■ aerated pond ■ stabilization pond ■ polishing pond ■ sand filter, ■ UV disinfection ■ Backup chlorination and dechlorination discharging through outfall 007 located at the Harris Energy and Environmental Center, 3932 New Hill/Holleman Road, New Hill, Wake County; and 8. Discharge from said treatment works and stormwater outfalls into Harris Reservoir, a Class WS -V water in the Cape Fear River Basin, at the locations specified on the attached maps. Page 2of16 NPDES Permit NC0039586 PART I A (1). EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS (OUTFALL 001) [15A NCAC 02B .0400 et seq., 02B .0500 et seq.] Beginning on the effective date of this permit and lasting until expiration, the Permittee is authorized to discharge cooling tower blowdown from internal outfall 001. Such discharges shall be limited and monitored' by the Permittee as specified below: Effluent Characteristics Effluent Limitations Monitoring Requirements Monthly Daily Maximum Average Measurement Sample Type Frequency Sample Location' Flow' (MGD) Continuous Recorder Effluent Free Available Chlorine' 0.2 mg/l 0.5 mg/1 Weekly See Note 4 See Note 4 Total Residual Chlorine' (µg/1) Weekly See Note 4 See Note 4 Time of TRC' (min/day/unit) 120.0 min Weekly Calculations Effluent Total Chromium' 0.2 mg/1 0.2 mg /I Weekly Grab Effluent Total Zinc' 1.0 mg/1 1.0 mg/l Weekly Grab Effluent pH 6 to 9 S.U. Weekly Grab Effluent The 126 Priority Pollutants' Annually Grab Effluent Notes: 1. Effluent prior to mixing with any other waste stream. 2. Discharge of blowdown from the cooling system shall be limited to the minimum discharge of recirculating water necessary for the purpose of discharging materials contained in the water, the further built-up of which would cause concentrations in amounts exceeding limitations established by best engineering practices. The permittee may discharge cooling water to the auxiliary reservoir in compliance with condition A. (20) of this permit. 3. Neither free available chlorine nor total residual chlorine may be discharged from any unit for more than two hours in any one day and not more than one unit in any plant may discharge free available or total residual chlorine at any one time unless the utility can demonstrate to the Director that the units in question cannot operate at or below this level of chlorination. The permittee shall record and report times of release as part of the monthly monitor report. Free available chlorine shall be a daily average and daily maximum. 4. Samples shall be multiple grabs at the tower which shall consists of grab samples collected at the approximate beginning of the total residual chlorine discharge and once every 15 minutes thereafter until the end of the total residual chlorine discharge. For the purpose of this permit, daily average (as it relates to the chlorination period) shall mean the average over any total residual chlorine discharge period. 5. These limitations and monitoring requirements apply only if these materials are added for cooling tower maintenance by the permittee. There shall be no discharge of detectable amounts of the 126 priority pollutants (40 CFR 423 Appendix A) contained in chemicals added for cooling tower maintenance except for Total Chromium and Total Zinc. Compliance with the limitations for the 126 pollutants may be determined by engineering calculations which demonstrate that the regulated pollutants are not detectable in the discharge by the analytical methods in 40 CFR 136. 6. By December 21, 2016, begin submitting Discharge Monitoring Reports electronically using NC DWR's eDMR application system. See Special Condition A (19). Page 3 of 16 NPDES Permit NCO039586 A (2). EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS (OUTFALL 002) [15A NCAC 02B .0400 et seq., 02B .0500 et seq.] Beginning on the effective date of this permit and lasting until expiration, the Permittee is authorized to discharge treated wastewater from internal outfall 002, Sanitary Waste Treatment Plant. Such discharges shall be limited and monitored by the Permittee as specified below: Effluent Characteristics Effluent Limitations Monitoring Requirements Monthly Daily Average Maximum Measurement Frequency Sample Type Sample Location' Flow 0.065 MGD See Note 3 Continuous Recording' I or E BOD, 5 day, 20'C 30.0 mg/I 45.0 mg/I Weekly Composite E Total Suspended Solids 30.0 mg/1 45.0 mg/I Weekly Composite E N 43 as N (mg/1) Monthly Composite E Fecal Coliform (geometric mean) 200/100 ml 400 100 ml Weekly Grab E Total Residual Chlorine (µg/1)' Weekly Grab E Notes: 1. Sample locations: E- Effluent prior to mixing with any other waste stream; I -Influent 2. Flow may be measured by pump logs. 3. By December 21, 2016, begin submitting Discharge Monitoring Reports electronically using NC DWR's eDMR application system. See Special Condition A (19). 4. Monitoring only applicable if the facility adds chlorine to water that is eventually discharged. See Special Condition A. (18) Wastewater Management Domestic Treatment Systems. A (3). EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS (OUTFALL 003) [15A NCAC 02B .0400 et seq., 02B .0500 et seq.] Beginning on the effective date of this permit and lasting until expiration, the Permittee is authorized to discharge treated wastewater from internal outfall 003, Metal Cleaning Wastes'. Such discharges shall be limited and monitored' by the Permittee as specified below: Effluent Characteristics Effluent Limitations Monitoring Requirements Monthly Daily Maximum Average Measurement Frequency Sample Type Sample Location2 Flow' 0.05 MGD See Note 3 See Note 3 Effluent Total Copper 1.0 mg/I 1.0 mg/I Daily' Grab Effluent Total Iron 1.0 mg/I 1.0 mg/I Daily' Grab Effluent pH 6 to 9 SU Daily4 Grab Effluent Notes: 1. Metal cleaning waste sources as defined in 40 CFR 423.11 (d). 2. Effluent prior to mixing with any other waste stream. 3. Discharge from outfall 003 must continue to be routed to outfall 004 before final discharge. Flow shall be measured during discharge using pump logs. 4. Daily during metal cleaning waste discharge events only. Page 4of16 NPDES Permit NCO039586 5. By December 21, 2016, begin submitting Discharge Monitoring Reports electronically using NC DWR's eDMR application system. See Special Condition A (19). The discharge shall comply with the limitations specified for metal cleaning waste prior to mixing with other waste streams. A (4). EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS (OUTFALL 004) [15A NCAC 02B .0400 et seq., 02B .0500 et seq.] Beginning on the effective date of this permit and lasting until expiration, the Permittee is authorized to discharge treated wastewater from internal outfall 004, Low Volume Wastes' (including membrane backwash water). Such discharges shall be limited and monitored by the Permittee as specified below: Effluent Characteristics Effluent Limitations Monitoring Requirements Monthly Average Monthly Daily Maximum Average Measurement Sample Type Frequency I I Sample Location Flow 1.5 MGD Weekly Estimate' Effluent Total Suspended Solids 30.0 mg/I 100.0 mg/I 2/Month Grab Effluent Oil and Grease 15.0 mg/I 20.0 mg/I Weekly Grab Effluent Notes: 1. Low volume waste sources as defined in 40 CFR 423.11 (b). 2. Effluent prior to mixing with any other waste stream. 3. The volume of wastewater discharged from the facility shall be monitored. If continuous flow monitoring is not feasible, flow may be estimated. 4. By December 21, 2016, begin submitting Discharge Monitoring Reports electronically using NC DWR's eDMR application system. See Special Condition A (19). A (5). EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS (OUTFALL 005) [15A NCAC 02B .0400 et seq., 02B .0500 et seq.] Beginning on the effective date of this permit and lasting until expiration, the Permittee is authorized to discharge treated wastewater from internal outfall 005, Radwaste System. Such discharges shall be limited and monitored' by the Permittee as specified below: Effluent Characteristics Effluent Limitations Monitoring Requirements Monthly Average Daily Maximum Measurement Sample Type Sample Frequency Location' Flow (MGD) Monthly Estimate'- Effluent Total Suspended Solids 30.0 mg/I 100.0 mg/I Monthly Grab Effluent Oil and Grease 15.0 mg/I 20.0 mg/I Monthly Grab Effluent Notes: 1. Effluent prior to mixing with any other waste stream. 2. Flow shall be estimated during discharge. 3. By December 21, 2016, begin submitting Discharge Monitoring Reports electronically using NC DWR's eDMR application system. See Special Condition A (19). Page 5 of 16 NPDES Permit NCO039586 A (6). EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS (OUTFALL 006) [15A NCAC 02B .0400 et seq., 02B .0500 et seq.] Beginning on the effective date of this permit and lasting until expiration, the Permittee is authorized to discharge treated wastewater from outfall 006, combined outfalls 001 through 005. Such discharges shall be limited and monitored" by the Permittee as specified below: Effluent Characteristics Effluent Limitations Monitoring Requirements Monthly Average Weekly Average Daily Maximum Measurement Frequency Sample Type Sample Location' Flow (MGD) Weekly Estimate Effluent Hydrazine' 60.0 gg/I Weekly Grab Effluent Temperature 1 October 31) ( C) Weekly Grab Effluent Temperature (November 1 March 31) (-C) Weekly Grab Effluent Acute Toxicity' Quarterly Composite Effluent pH 6 to 9 S.U. Weekly Grab Effluent Total Copper' 7.9 gg/I 10.5 gg/I Monthly Composite' Effluent Total Zinc 126 gg/I 126 gg/I Monthly Composite Effluent NH3 as N (mg/1) Monthly Composite Effluent Total Suspended Solids (mg/1) Monthly Composite' Effluent Total Nitrogen (mg/1) Monthly Composite6 Effluent Total Phosphorus (mg/1) Monthly Composite Effluent Notes: 1. Effluent after combination of all waste streams from outfalls 001 through 005 and prior to discharge into Harris Reservoir. 2. The volume of wastewater discharged from the facility shall be monitored. If continuous flow monitoring is not feasible, flow may be estimated. 3. The hydrazine limit of 60 pg/L shall apply at all times except during the periods following wet lay-up of equipment during an extended outage when a hydrazine limit of 2.0 mg/L shall apply for a total period of no more than 48 hours. Alternately, the permittee may elect to meet these limits at outfall 004, in which case sampling for hydrazine at outfall 006 is not required. 4. The discharge shall not result in the violation of the temperature or chlorine water quality standards outside of a mixing zone of 200 acres around the point of discharge. The facility is located in the Lower Piedmont area of the state; the applicable state water quality temperature standard is 32 °C (89.6 °F) and the total residual chlorine standard is 17 µg/I. The temperature within the mixing zone shall not: (1) prevent free passage of fish around or cause fish mortality within the mixing zone, (2) result in offensive conditions, (3) produce undesirable aquatic life or result in a dominance of nuisance species outside of the zone, or (4) endanger the public health or welfare. Temperature and total residual chlorine data collected according to the Monitoring Plan for Harris Reservoir should be summarized in the Annual Environmental Monitoring Report for Harris Reservoir. 5. Acute toxicity (Pimephales) P/F at 90%: February, May, August, and November, See Special Condition A (8). 6. A composite sample consisting of 24 or more grab samples of equal volumes taken at equal intervals over a 24 hour period. 7. The limits shall become effective September 30, 2021. See Special Condition A. (9) Schedule of Compliance for Hardness Dependent Metals. 8. By December 21, 2016, begin submitting Discharge Monitoring Reports electronically using NC DWR's eDMR application system. See Special Condition A (19). Page 6of16 NPDES Permit NCO039586 There shall be no discharge of floating solids or visible foam in other than trace amounts. A (7). EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS (OUTFALL 007) [15A NCAC 02B .0400 et seq., 02B .0500 et seq.] Beginning on the effective date of this permit and lasting until expiration, the Permittee is authorized to discharge treated wastewater from Outfall 007, Harris Energy & Environmental Center. Such discharges shall be limited and monitored' by the Permittee as specified below: Effluent Characteristics Effluent Limitations Monitoring Requirements Monthly Daily Average Maximum Measurement Sample Type Sample Frequency 1 Location' Flow 0.02 MGD Weekly Instantaneous I or E BOD, 5 day, 20°C (April 1 — October 31) 15.0 mg/I 22.5 mg/I Weekly Grab Effluent BOD, 5 day, 20`C (November 1 - March 31) 30.0 mg/I 45.0 mg/I Weekly Grab Effluent Total Suspended Solids 30.0 mg/I 45.0 mg/I Weekly Grab Effluent NH3 as N (April I —October 31) 4.0 mg/1 20.0 mg/1 Weekly Grab Effluent NH3 as N (November 1 — March 31) 8.0 mg/I 35.0 mg/I Weekly Grab Effluent Fecal Coliform (geometric mean) 200 /100 ml 400/100 ml Weekly Grab Effluent Total Residual Chlorine 28 µg/I 2/Week Grab Effluent pH Weekly Grab Effluent Temperature (°C) Weekly Grab Effluent TKN (mg/1) Monitor and report Quarterly Grab Effluent NO2-N + NO3-N (mg/1) Monitor and report Quarterly Grab Effluent Total Nitrogen (mg/1) Quarterly Grab Effluent Total Phosphorus (mg/1) Quarterly Grab Effluent Dissolved Oxygen Weekly Grab Effluent Acute Toxicity^ Quarterly Composite Effluent Notes: 1. Sample locations: E- Effluent, I- Influent 2. The pH shall not be less than 6.0 standard units nor greater than 9.0 standard units. 3. The daily average dissolved oxygen effluent concentration shall not be less than 5 mg/L. 4. Acute Toxicity (Pimephales) P/F at 90%: August, November, February and May. See Special condition A. (8). 5. By December 21, 2016, begin submitting Discharge Monitoring Reports electronically using NC DWR's eDMR application system. See Special Condition A (19). There shall be no discharge of floating solids or visible foam in other than trace amounts. Page 7 of 16 NPDES Permit NCO039586 A (8). ACUTE TOXICITY PASS/FAIL PERMIT LIMIT (QUARTERLY) OUTFALLS 006 AND 007 [15A NCAC 02B .0200 et seq.] The permittee shall conduct acute toxicity tests on a guarlerly basis using protocols defined in the North Carolina Procedure Document entitled "Pass/Fail Methodology For Determining Acute Toxicity In A Single Effluent Concentration" (Revised December 2010 or subsequent versions). The monitoring shall be performed as a Fathead Minnow (Pimephales promelas) 24 hour static test. The effluent concentration at which there may be at no time significant acute mortality is 90% (defined as treatment two in the procedure document). The tests will be performed during the months of February, May, August, and November. These months signify the first month of each three month toxicity testing quarter assigned to the facility. Effluent sampling for this testing must be obtained during representative effluent discharge and shall be performed at the NPDES permitted final effluent discharge below all treatment processes. Should any single quarterly monitoring indicate a failure to meet specified limits, then monthly monitoring will begin immediately until such time that a single test is passed. Upon passing, this monthly test requirement will revert to quarterly in the months specified above. All toxicity testing results required as part of this permit condition will be entered on the Effluent Discharge Monitoring Form (MR -1) for the month in which it was performed, using the parameter code TGE6C. Additionally, DWR Form AT -2 (original) is to be sent to the following address: Attention: North Carolina Division of Water Resources Water Sciences Section/Aquatic Toxicology Branch 1623 Mail Service Center Raleigh, North Carolina 27699-1623 Completed Aquatic Toxicity Test Forms shall be filed with the Water Sciences Section no later than 30 days after the end of the reporting period for which the report is made. Test data shall be complete and accurate and include all supporting chemical/physical measurements performed in association with the toxicity tests, as well as all dose/response data. Total residual chlorine of the effluent toxicity sample must be measured and reported if chlorine is employed for disinfection of the waste stream. Should there be no discharge of flow from the facility during a month in which toxicity monitoring is required, the permittee will complete the information located at the top of the aquatic toxicity (AT) test form indicating the facility name, permit number, pipe number, county, and the month/year of the report with the notation of "No Flow" in the comment area of the form. The report shall be submitted to the Water Sciences Section at the address cited above. Should the permittee fail to monitor during a month in which toxicity monitoring is required, then monthly monitoring will begin immediately until such time that a single test is passed. Upon passing, this monthly test requirement will revert to quarterly in the months specified above. Assessment of toxicity compliance is based on the toxicity testing quarter, which is the three month time interval that begins on the first day of the month in which toxicity testing is required by this permit and continues until the final day of the third month. Should any test data from either these monitoring requirements or tests performed by the North Carolina Division of Water Resources indicate potential impacts to the receiving stream, this permit may be re -opened and modified to include alternate monitoring requirements or limits. NOTE: Failure to achieve test conditions as specified in the cited document, such as minimum control organism survival and appropriate environmental controls, shall constitute an invalid test and will require immediate follow-up testing to be completed no later than the last day of the month following the month of the initial monitoring. A. (9) SCHEDULE OF COMPLIANCE (OUTFALL 006) [G.S. 143-215.1(b)] 1. Within one year from the effective day of the permit the Permittee shall submit to the Division of Water Resources a Corrective Action Plan summarizing the actions to be taken to achieve compliance with the total copper and total zinc limits at outfall 006 and a schedule of activities to implement the Plan. The Correction Action Plan may include mixing zone studies and:'or site specific studies. Methods for conducting site specific studies must be approved by the Division. Page 8of16 NPDES Permit NC0039586 2. Within two years from the effective date of the permit submit a report to the Division summarizing actions taken in accordance with the Corrective Action Plan. 3. Within three years from the effective date of the permit submit a report to the Division summarizing actions taken in accordance with the Corrective Action Plan. 4. Within four years from the effective date of the permit submit a report to the Division summarizing actions taken in accordance with the Corrective Action Plan. 5. Achieve compliance with total copper and total zinc limits by September 30, 2021. Upon approval of the Corrective Action Plan by the Division, the report and actions become an enforceable part of this permit. The Division can reopen this permit to implement interim or alternative limits based on studies that demonstrate an interim or alternate limit is appropriate. 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 months will be subject to public notice. A. (10) BIOCIDES [G.S. 143-215, 143-215.1] The permittee shall not use any biocides except those approved in conjunction with the permit application. The permittee shall notify the Director in writing not later than ninety (90) days prior to instituting use of any additional biocide used in cooling systems which may be toxic to aquatic life other than those previously reported to the Division of Water Resources. Such notification shall include completion of Biocide Worksheet Form 101 and a map locating the discharge point and receiving stream. Completion of Biocide Worksheet Form 101 is not necessary for those outfalls containing toxicity testing. Division approval is not necessary for the introduction of new biocides into outfalls currently tested for whole effluent toxicity. A.(11) CHEMICAL METAL CLEANING WASTES The term "chemical metal cleaning waste" means any wastewater resulting from the cleaning of any metal process equipment with chemical compounds including, but not limited to, boiler tube cleaning. A. (12) COMBINED WASTE STREAMS In the event that waste streams from various sources are combined for treatment or discharge, the quantity of each pollutant or pollutant property attributable to each controlled waste source shall not exceed the specified limitation for that waste source. A. (13) FEDERAL INSECTICIDE, FUNGICIDE, AND RODENTICIDE ACT Discharge of any product registered under the Federal Insecticide, Fungicide, and Rodenticide Act to any waste stream which may ultimately be released to lakes, rivers, streams, or other wasters of the United States is prohibited unless specifically authorized elsewhere in this permit. This requirement is not applicable to products used for lawn and agricultural purposes. Discharge of chlorine from the use of chlorine gas, sodium hypochlorite, or other similar chlorination compounds for disinfection in plant potable and service water systems and in sewage treatment is authorized. A. (14) POLYCHLORINATED BIPHENYL COMPOUNDS [G.S.143-215,143-215.1] There shall be no discharge of polychlorinated biphenyl compounds such as those commonly used for transformer fluid. A. (15) RADIOACTIVE MATERIAL Releases of radioactive material shall be monitored and conducted in accordance with all conditions and limitations required by the Nuclear Regulatory Commission (NRC) and as specified in the Final Safety Analysis Report, Technical Specifications, and Environmental Statement for the Shearon Harris Nuclear Plant. A.(16) TOXICITY REOPENER [G.S. 143-215,143-215.11 This permit shall be modified, or revoked and reissued to incorporate toxicity limitations and monitoring requirements in the event toxicity testing or other studies conducted on the effluent or receiving stream indicate that detrimental effects may be expected in the receiving stream as a result of this discharge. A. (17) CLEAN WATER ACT SECTION 316 (b) The permittee shall comply with the Cooling Water Intake Structure Rule per 40 CFR 125.95. The permittee shall submit all the materials required by the Rule with the next renewal application. Page 9 of 16 NPDES Permit NCO039586 A.(18) WASTEWATER MANAGEMENT DOMESTIC TREATMENT SYSTEMS (OUTFALLS 002 AND 007) The permittee shall at all times properly operate and maintain the domestic wastewater treatment plants to meet secondary treatment standards. The permittee can operate the two domestic treatment plants to treat wastewaters from either facility as described in the permit application and authorized in this permit in Special Conditions A. (2) and A. (7). A. (19) ELECTRONIC REPORTING OF DISCHARGE MONITORING REPORTS [G.S. 143-215.1(b)] Federal regulations require electronic submittal of all discharge monitoring reports (DMRs) and program reports and specify that, if a state does not establish a system to receive such submittals, then permittees must submit monitoring data and reports electronically to the Environmental Protection Agency (EPA). The final NPDES Electronic Reporting Rule was adopted and became effective on December 21, 2015. NOTE: This special condition supplements or supersedes the following sections within Part II of this permit (Standard Conditions far NPDES Permits): • Section B. (11.) • Section D. (2.) • Section D. (6.) • Section E. (5.) Signatory Requirements Reporting Records Retention Monitoring Reports 1. Reporting Requirements [Supersedes Section D. (2.) and Section E. (5.) (a)1 Effective December 21, 2016, the permittee shall report discharge monitoring data electronically using the NC DWR's Electronic Discharge Monitoring Report (eDMR) internet application. Monitoring results obtained during the previous month(s) shall be summarized for each month and submitted electronically using eDMR. The eDMR system allows permitted facilities to enter monitoring data and submit DMRs electronically using the internet. Until such time that the state's eDMR application is compliant with EPA's Cross -Media Electronic Reporting Regulation (CROMERR), permittees will be required to submit all discharge monitoring data to the state electronically using eDMR and will be required to complete the eDMR submission by printing, signing, and submitting one signed original and a copy of the computer printed eDMR to the following address: NC DENR / 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 10 of 16 NPDES Permit NCO039586 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: htto: www2.eoa.sov.comoliance final -national-pollutant-discharse-elimination-system-nudes-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 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: deq.nc.gov about: divisions.`water-resources'edmr 4. Signatory Requirements [Supplements Section B. (11.) (b) and Supersedes Section B. (11.) Ml All eDMRs submitted to the permit issuing authority shall be signed by a person described in Part II, Section B. (I I -)(a) or by a duly authorized representative of that person as described in Part 11, Section B. (1 l.)(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: deg.nc.gov about/divisions water-resources`edmr Certification. Any person submitting an electronic DMR using the state's eDMR system shall make the following certification [40 CFR 122.22]. NO OTHER STATEMENTS OF CERTIFICATION WILL BE ACCEPTED: V certify, under penalty of lmv, that this document and all attachments were prepared tinder 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 inquity 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. / am aware that there are significant penalties for submitting false information, including the possibility of fines and imprisonment for knowing violations." Page 1 I of 16 NPDES Permit NCO039586 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]. A. (20) AUXILIARY RESERVOIR In order to ensure that the auxiliary reservoir is available for its designated use at all times, the permittee may circulate heated water through the auxiliary reservoir to prevent ice formation at any time that the surface water temperature is below 35° F provided that the surface water temperature in the auxiliary reservoir is not raised more than 5° F above ambient temperature and in no case is raised to more than 40° F. Emergency Service Water may be discharged to the auxiliary reservoir as required for operation of nuclear safety systems and testing. A.(21) STORMWATER MONITORING REQUIREMENTS [G.S. 143-215.1(a) et seq., 15A NCAC 02h .0126 et seq.] Stormwater conditions under this section will expire on the effective date when an individual stormwater permit is issued to the facility by the Division of Energy, Mineral and Land Resources. 1. Qualitative Monitoring Qualitative monitoring requires a qualitative inspection of each stormwater outfall, regardless of representative outfall status, for the purpose of evaluating the effectiveness of the Stormwater Pollution Prevention Plan (SPPP) and assessing new sources of stormwater pollution. No analytical tests are required. Qualitative monitoring of stormwater outfalls does not need to be performed during a representative storm event. Stormwater Discharge Characteristics Monitoring Frequency' Sample Location2 Color Semi -Annual SDO Odor Semi -Annual SDO Clarity Semi -Annual SDO Floating Solids Semi -Annual SDO Suspended Solids Semi -Annual SDO Foam Semi -Annual SDO Oil Sheen Semi -Annual SDO Other obvious indicators of stormwater pollution Semi -Annual SDO Notes: 1. Qualitative monitoring will be performed twice per year, once in the spring (April -June) and once in the fall (September - November). 2. Sample location: SDO Stormwater Discharge Outfall. 2. Stormwater Pollution Prevention Plan The permittee shall develop a Stormwater Pollution Prevention Plan, herein after referred to as the Plan. The Plan shall be considered public information in accordance with Part VI, Section E.10 of this permit. The Permittee is not required to submit a copy of the Plan to the Division. The Plan shall be available at the permitted facility for Division staff or public review upon request. The Plan shall include, at a minimum, the following items: a. Site Plan: The site plan shall provide a description of the physical facility and the potential pollutant sources which may be expected to contribute to contamination of regulated stormwater discharges. The site plan shall contain the following: Page 12 of 16 NPDES Permit NCO039586 (1) A general location map (USGS quadrangle map, or appropriately drafted equivalent map), showing the facility's location in relation to transportation routes and surface waters, and the name of the receiving water(s) to which the stormwater outfall(s) discharges. If the discharge is to a municipal separate storm sewer system, the name of the municipality and the ultimate receiving waters, and accurate latitude and longitude of the point(s) of discharge must be shown. (2) A narrative description of storage practices, loading and unloading activities, outdoor process areas, dust or particulate generating or control processes, and waste disposal practices. (3) A site map (or series of maps) drawn to scale with the distance legend indicating location of industrial activities (including storage of materials, disposal areas, process areas, and loading and unloading areas), drainage structures, drainage areas for each outfall and activities occurring in the drainage area, building locations and impervious surfaces, the percentage of each drainage area that is impervious. For each outfall, a narrative description of the potential pollutants which could be expected to be present in the regulated stormwater discharge. (4) A list of significant spills or leaks of pollutants that have occurred at the facility during the 3 previous years and any corrective actions taken to mitigate spill impacts. (5) Certification that the stormwater outfalls have been evaluated for the presence of non-stormwater discharges. The certification statement will be signed in accordance with the requirements found in Part VI, Section B.11. Stormwater Management Plan: The stormwater management plan shall contain a narrative description of the materials management practices employed which control or minimize the exposure of significant materials to stormwater, including structural and non-structural measures. The stormwater management plan, at a minimum, shall incorporate the following: (1) A study addressing the technical and economic feasibility of changing the methods of operations and or storage practices to eliminate or reduce exposure of materials and processes to stormwater. Wherever practicable the permittee should consider covering storage areas, material handling operations, manufacturing or fueling operations to prevent materials exposure to stormwater. In areas where elimination of exposure is not practicable, the stormwater management plan shall document the feasibility of diverting the stormwater runoff away from areas of potential contamination. (2) A schedule to provide secondary containment for bulk storage of liquid materials, storage of Section 313 of Title III of the Superfund Amendments and Reauthorization Act (SARA) water priority chemicals, or storage of hazardous materials to prevent leaks and spills from contaminating stormwater runoff. If the secondary containment devices are connected directly to stormwater conveyance systems, the connection shall be controlled by manually activated valves or other similar devices [which shall be secured with a locking mechanism] and any stormwater that accumulates in the containment area shall be at a minimum visually observed prior to release of the accumulated stormwater. Accumulated stormwater shall be released if found to be uncontaminated. Records documenting the individual making the observation, the description of the accumulated stormwater and the date and time of the release shall be kept for a period of five years. (3) A narrative description of Best Management Practices (BMPs) to be considered such as, but not limited to, oil and grease separation, debris control, vegetative filter strips, infiltration and stormwater detention or retention, where necessary. The need for structural BMPs shall be based on the assessment of potential of sources contributing significant quantities of pollutants to stormwater discharges and data collected through monitoring of stormwater discharges. (4) Inspection schedules of stormwater conveyances and controls and measures to be taken to limit or prevent erosion associated with the stormwater systems. Spill Prevention and Response Plan: The Spill Prevention and Response Plan shall incorporate a risk assessment of potential pollutant sources based on a materials inventory of the facility. Facility personnel (or team) responsible for implementing the plan shall be identified in the plan. A responsible person shall be on-site at all times during facility operations that have the potential to contaminate stormwater runoff through spills or exposure of materials associated with the facility operations. Page 13 of 16 NPDES Permit NCO039586 d. Preventative Maintenance and Good Housekeeping Program: A preventative maintenance program shall be developed. The program shall document schedules of inspections and maintenance activities of stormwater control systems, plant equipment and systems. Inspection of material handling areas and regular cleaning schedules of these areas shall be incorporated into the program. e. Training schedules shall be developed and training provided at a minimum on an annual basis on proper spill response and cleanup procedures and preventative maintenance activities for all personnel involved in any of the facility's operations that have the potential to contaminate stormwater runoff. Facility personnel (or team) responsible for implementing the training shall be identified in the plan. f. The Stormwater Pollution Prevention Plan shall identify a specific position(s) responsible for the overall coordination, development, implementation, and revision to the Plan. Responsibilities for all components of the Plan shall be documented and position(s) assignments provided. g. Plan Amendment: The permittee shall amend the Plan whenever there is a change in design, construction, operation, or maintenance which has a significant effect on the potential for the discharge of pollutants via a point source to surface waters. The Stormwater Pollution Prevention Plan shall be reviewed and updated on an annual basis. The director may notify the permittee when the Plan does not meet one or more of the minimum requirements of the permit. Within 30 days of such notice, the permittee shall submit a time schedule to the Director for modifying the Plan to meet minimum requirements. The permittee shall provide certification in writing (in accordance with Part VI, Section B.11.) to the Director that the changes have been made. h. Facility Inspections: Inspections of the facility and all stormwater systems shall occur at a minimum on a semiannual schedule, once in the fall (September - November) and once during the spring (April - June). The inspection and any subsequent maintenance activities performed shall be documented, recording date and time of inspection, individual(s) making the inspection and a narrative description of the facility's stormwater control systems, plant equipment and systems. Records of these inspections shall be incorporated into the Stormwater Pollution Prevention Plan. Visual monitoring as required in Part I, Section A(8) Stormwater Monitoring Requirements/Qualitative Monitoring shall be performed in addition to facility inspections. Implementation: Implementation of the Plan shall include documentation of all monitoring, measurements, inspections, maintenance activities and training provided to employees, including the log of the sampling data. Activities taken to implement BMPs associated with the industrial activities, including vehicle maintenance activities, must also be recorded. All required documentation shall be kept on-site for a period of five years and made available to the Director or his authorized representative immediately upon request. 3. Stormwater Minimum Monitoring and Reporting Requirements Minimum monitoring and reporting requirements are as follows unless otherwise approved in writing by the Director: a. If a facility has multiple discharge locations with substantially identical stormwater discharges that are required to be sampled, the permittee may petition the Director for representative outfall status. If it is established that the stormwater discharges are substantially identical and the permittee is granted representative outfall status, then sampling requirements may be performed at a reduced number of outfalls. b. Qualitative monitoring for color, odor, solids, foam, outfall staining, visible sheens and dry weather flow shall be performed at all stormwater discharge outfall locations. All qualitative monitoring shall be documented and records maintained with the Stormwater Pollution Prevention Plan. The initial qualitative monitoring event shall be performed simultaneously with the first analytical monitoring event and documentation of only this initial qualitative monitoring event shall be submitted along with the required analytical monitoring submittal. C. If the stormwater runoff is controlled by a detention pond, the following sampling requirements shall apply: (1) If the detention pond detains the runoff generated by one inch of rainfall for 24 hours, visual observations for color, foam, outfall staining, visible sheens and dry weather flow are required, but analytical sampling shall not be required. Page 14 of 16 NPDES Permit NCO039586 (2) If the detention pond discharges only in response to a storm event exceeding a 25 -year, 24-hour storm, the pond shall be considered a non -discharging stormwater control system and not subject to NPDES requirements, unless the discharge causes a violation of water quality standards. d. Samples analyzed in accordance with the terms of this permit shall be submitted on forms approved by the Director no later than January 31 for the previous year in which sampling was required to be performed. e. Analytical results from sampling during the final year of the permit term shall be submitted with the permit renewal application. This permit regulates stormwater discharges associated with industrial activity. Non-stormwater discharges which shall be allowed in the stormwater conveyance system are: (1) All other discharges that are authorized by an NPDES permit. (2) Foundation drains, air -conditioner condensate without added chemicals, springs, waterline and fire hydrant flushing, water from footing drains, flows from riparian habitats and wetlands, fire -fighting training and fire system testing. (3) Discharges resulting from fire -fighting and uncontaminated discharges resulting from fire -fighting training and associate fire system testing. g. If the storm event monitored and reported in accordance with this permit coincides with a non-stormwater discharge, the permittee shall separately monitor and report all parameters as required under the non-stormwater portion of this permit and provide this information with the stormwater discharge monitoring report. Page 15 of 16 ! a R� � » � •v � NPDES Permit Standard Conditions Page I 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. Arithmetic Mean The summation of the individual values divided by the number of individual values. Bypass The known diversion of waste streams from any portion of a treatment facility including the collection system, which is not a designed or established or operating mode for the facility. Calendar Day The period from midnight of one day until midnight of the next day. However, for purposes of this permit, any consecutive 24-hour period that reasonably represents the calendar day may be used for sampling. Calendar Week The period from Sunday through the following Saturday. Calendar Quarter One of the following distinct periods: January through March, April through June, July through September, and October through December. Composite Sample A sample collected over a 24-hour period by continuous sampling or combining grab samples of at least 100 mL in such a manner as to result in a total sample representative of the wastewater discharge during the sample period. The Director may designate the most appropriate method (specific number and size of aliquots necessary, the time interval between grab samples, etc.) on a case-by-case basis. Samples may be collected manually or automatically. Composite samples may be obtained by the following methods: (1) Continuous: a single, continuous sample collected over a 24-hour period proportional to the rate of flow. (2) Constant time `variable volume: a series of grab samples collected at equal time intervals over a 24 hour period of discharge and combined proportional to the rate of flow measured at the time of individual sample collection, or (3) Variable time'constant volume: a series of grab samples of equal volume collected over a 24 hour period with the time intervals between samples determined by a preset number of gallons passing the sampling point. Flow measurement between sample intervals shall be determined by use of a flow recorder and totalizer, and the preset gallon interval between sample collection fixed at no greater than 1/24 of the expected total daily flow at the treatment system, or Version 11/09/2011 NPDES Permit Standard Conditions Page 2 of 18 (4) Constant time: constant volume: a series of grab samples of equal volume collected over a 24-hour period at a constant time interval. Use of this method requires prior approval by the Director. This method may only be used in situations where effluent flow rates vary less than 15 percent. The following restrictions also apply: ➢ Influent and effluent grab samples shall be of equal size and of no less than 100 milliliters ➢ Influent samples shall not be collected more than once per hour. ➢ Permittees with wastewater treatment systems whose detention time < 24 hours shall collect effluent grab samples at intervals of no greater than 20 minutes apart during any 24-hour period. ➢ Permittees with wastewater treatment systems whose detention time exceeds 24 hours shall collect effluent grab samples at least every six hours; there must be a minimum of four samples during a 24-hour sampling period. Continuous flow measurement Flow monitoring that occurs without interruption throughout the operating hours of the facility. Flow shall be monitored continually except for the infrequent times when there may be no flow or for infrequent maintenance activities on the flow device. Daily Discharge The discharge of a pollutant measured during a calendar day or any 24-hour period that reasonably represents the calendar day for purposes of sampling. For pollutants measured in units of mass, the "daily discharge" is calculated as the total mass of the pollutant discharged over the day. For pollutants expressed in other units of measurement, the "daily discharge" is calculated as the average measurement of the pollutant over the day. (40 CFR 122.2; see also "Composite Sample," above.) Daily Maximum The highest "daily discharge" during the calendar month. Daily Sampling Parameters requiring daily sampling shall be sampled 5 out of every 7 days per week unless otherwise specified in the permit. Sampling shall be conducted on weekdays except where holidays or other disruptions of normal operations prevent weekday sampling. If sampling is required for all seven days of the week for any permit parameter(s), that requirement will be so noted on the Effluent Limitations and Monitoring Page(s). DWQ or "the Division" The Division of Water Quality, Department of Environment and Natural Resources. Effluent Wastewater discharged following all treatment processes from a water pollution control facility or other point source whether treated or untreated. EMC The North Carolina Environmental Management Commission EPA The United States Environmental Protection Agency Facility Closure Cessation of all activities that require coverage under this NPDES permit. Completion of facility closure will allow this permit to be rescinded. Geometric Mean The Nth root of the product of the individual values where N -- the number of individual values. For purposes of calculating the geometric mean, values of "0" (or "< [detection level]") shall be considered = 1. Grab Sample Individual samples of at least 100 mL collected over a period of time not exceeding 15 minutes. Grab samples can be collected manually. Grab samples must be representative of the discharge (or the receiving stream, for instream samples). Version 11/0912011 NPDES Permit Standard Conditions Page 3 of 18 Hazardous Substance Any substance designated under 40 CFR Part 116 pursuant to Section 311 of the CWA. Instantaneous flow measurement The flow measured during the minimum time required for the flow measuring device or method to produce a result in that instance. To the extent practical, instantaneous flow measurements coincide with the collection of any grab samples required for the same sampling period so that together the samples and flow are representative of the discharge during that sampling period. Monthly Average (concentration limit) The arithmetic mean of all "daily discharges" of a pollutant measured during the calendar month. In the case of fecal coliform or other bacterial parameters or indicators, the geometric mean of such discharges. Permit Issuing Authority The Director of the Division of Water Quality. Quarterly Average (concentration limit) The arithmetic mean of all samples taken over a calendar quarter. Severe property damage Substantial physical damage to property, damage to the treatment facilities which causes them to become inoperable, or substantial and permanent loss of natural resources which can reasonably be expected to occur in the absence of a bypass. Severe property damage excludes economic loss caused by delays in production. Toxic Pollutant: Any pollutant listed as toxic under Section 307(a)(1) of the CWA. UUpset An incident beyond the reasonable control of the Pennittee causing unintentional and temporary noncompliance with permit effluent limitations and/or monitoring requirements. An upset does not include noncompliance caused by operational error, improperly designed treatment facilities, inadequate treatment facilities, lack of preventive maintenance, or careless or improper operation. Weekly Average (concentration limit) The arithmetic mean of all "daily discharges" of a pollutant measured during the calendar week. In the case of fecal coliform or other bacterial parameters or indicators, the geometric mean of such discharges. Section B. General Conditions 1. Duty to Comply The Permittee must comply with all conditions of this permit. Any permit noncompliance constitutes a violation of the CWA and is grounds for enforcement action; for permit termination, revocation and reissuance, or modification; or denial of a permit renewal application [40 CFR 122.41 ]. a. The Permittee shall comply with effluent standards or prohibitions established under section 307(a) of the CWA for toxic pollutants and with standards for sewage sludge use or disposal established under section 405(d) of the CWA within the time provided in the regulations that establish these standards or prohibitions or standards for sewage sludge use or disposal, even if the permit has not yet been modified to incorporate the requirement. b. The CWA provides that any person who violates section[s] 301, 302, 306, 307, 308, 318 or 405 of the Act, or any 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 Version 11/09/2011 NPDES Permit Standard Conditions Page 4 of 18 imprisonment of not more than I year, or both. In the case of a second or subsequent conviction for a negligent violation, a person shall be subject to criminal penalties of not more than $50,000 per day of violation, or by imprisonment of not more than 2 years, or both. [33 USC 1319(c)(1) and 40 CFR 122.41(a)(2)] d. Any person who knowingly violates such sections, or such conditions or limitations is subject to criminal penalties of $5,000 to $50,000 per day of violation, or imprisonment for not more than 3 years, or both. In the case of a second or subsequent conviction for a knowing violation, a person shall be subject to criminal penalties of not more than $100,000 per day of violation, or imprisonment of not more than 6 years, or both. [33 USC 1319(c)(2) and 40 CFR 122.41(a)(2)] e. Any person who knowingly violates section 301, 302, 303, 306, 307, 308, 318 or 405 of the Act, or any permit condition or limitation implementing any of such sections in a permit issued under section 402 of the Act, and who knows at that time that he thereby places another person in imminent danger of death or serious bodily injury, shall, upon conviction, be subject to a fine of not more than $250,000 or imprisonment of not more than 15 years, or both. In the case of a second or subsequent conviction for a knowing endangerment violation, a person shall be subject to a fine of not more than $500,000 or by imprisonment of not more than 30 years, or both. An organization, as defined in section 309(c)(3)(B)(iii) of the CWA, shall, upon conviction of violating the imminent danger provision, be subject to a fine of not more than $1,000,000 and can be fined up to $2,000,000 for second or subsequent convictions. [40 CFR 122.41(a)(2)] f. Under state law, a civil penalty of not more than $25,000 per violation may be assessed against any person who violates or fails to act in accordance with the terms, conditions, or requirements of a permit. [North Carolina General Statutes § 143-215.6A] g. Any person may be assessed an administrative penalty by the Administrator for violating section 301, 302, 306, 307, 308, 318 or 405 of this Act, or any permit condition or limitation implementing any of such sections in a permit issued under section 402 of this Act. Administrative penalties for Class I violations are not to exceed $16,000 per violation, with the maximum amount of any Class I penalty assessed not to exceed $37,500. Penalties for Class II violations are not to exceed $16,000 per day for each day during which the violation continues, with the maximum amount of any Class II penalty not to exceed $177,500. [33 USC 1319(g)(2) and 40 CFR 122.41(a)(3)] 2. Duty to Mitijzate The Permittee shall take all reasonable steps to minimize or prevent any discharge or sludge use or disposal in violation of this permit with a reasonable likelihood of adversely affecting human health or the environment [40 CFR 122.41(d)]. 3. Civil and Criminal Liability Except as provided in permit conditions on 'Bypassing" (Part II.C.4), "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 temporarily suspended. 5. Property Rights The issuance of this permit does not convey any property rights in either real or personal property, or any exclusive privileges, nor does it authorize any injury to private property or any invasion of personal rights, nor any infringement of Federal, State or local laws or regulations [40 CFR 122.41(g)]. 6. Onshore or Offshore Construction This permit does not authorize or approve the construction of any onshore or offshore physical structures or facilities or the undertaking of any work in any navigable waters. Version 11/0912011 NPDES Permit Standard Conditions Page 5 of 18 7. Severability The provisions of this permit are severable. If any provision of this permit, or the application of any provision of this permit to any circumstances, is held invalid, the application of such provision to other circumstances, and the remainder of this 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 permit [40 CFR 122.41(h)]. 9. Duty to Reapply If the Permittee wishes to continue an activity regulated by this permit after the expiration date of this permit, the Permittee must apply for and obtain a new permit [40 CFR 122.41(b)]. 10. Expiration of Permit The Permittee is not authorized to discharge after the expiration date. In order to receive automatic authorization to discharge beyond the expiration date, the Permittee shall submit such information, forms, and fees as are required by the agency authorized to issue permits no later than 180 days prior to the expiration date unless permission for a later date has been granted by the Director. (The Director shall not grant permission for applications to be submitted later than the expiration date of the existing permit.) [40 CFR 122.21(d)] Any Permittee that has not requested renewal at least 180 days prior to expiration, or any Permittee that does not have a permit after the expiration and has not requested renewal at least 180 days prior to expiration, will subject the Permittee to enforcement procedures as provided in NCGS 143-215.6 and 33 USC 1251 et. seq. 11. Signatory Requirements All applications, reports, or information submitted to the Permit Issuing Authority shall be signed and certified [40 CFR 122.41(k)]. a. All permit applications shall be signed as follows: (1) For a corporation: by a responsible corporate officer. For the purpose of this Section, a responsible corporate officer means: (a) a president, secretary, treasurer or vice president of the corporation in charge of a principal business function, or any other person who performs similar policy or decision making functions for the corporation, or (b) the manager of one or more manufacturing, production, or operating facilities, provided, the manager is authorized to make management decisions which govern the operation of the regulated facility including having the explicit or implicit duty of making major capital investment recommendations, and initiating and directing other comprehensive measures to assure long term environmental compliance with environmental laws and regulations; the manager can ensure that the necessary systems are established or actions taken to gather complete and accurate information for permit application requirements; and where authority to sign documents has been assigned or delegated to the manager in accordance with corporate procedures . (2) For a partnership or sole proprietorship: by a general partner or the proprietor, respectively; or (3) For a municipality, State, Federal, or other public agency: by either a principal executive officer or ranking elected official [40 CFR 122.22]. b. All reports required by the permit and other information requested by the Permit Issuing Authority shall be signed by a person described in paragraph a. above or by a duly authorized representative of that person. A person is a duly authorized representative only if: (1) The authorization is made in writing by a person described above; (2) The authorization specified either an individual or a position having responsibility for the overall operation of the regulated facility or activity, such as the position of plant manager, operator of a well or well field, superintendent, a position of equivalent responsibility, or an individual or position having overall responsibility for environmental matters for the company. (A duly authorized representative may thus be either a named individual or any individual occupying a named position.); and (3) The written authorization is submitted to the Permit Issuing Authority [40 CFR 122.22] Version 11/09/2011 NPDES Permit Standard Conditions Page 6 of 18 c. Changes to authorization: If an authorization under paragraph (b) of this section is no longer accurate because a different individual or position has responsibility for the overall operation of the facility, a new authorization satisfying the requirements of paragraph (b) of this section must be submitted to the Director prior to or together with any reports, information, or applications to be signed by an authorized representative [40 CFR 122.22] d. Certification. Any person signing a document under paragraphs a. or b. of this section shall make the following certification [40 CFR 122.22]. NO OTHER STATEMENTS OF CERTIFICATION WILL BE ACCEPTED: "I cert, tinder 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 offtnes and imprisonment for knowing violations. " 12. Permit Actions This permit may be modified, revoked and reissued, or terminated for cause. The filing of a request by the Permittee for a permit modification, revocation and reissuance, or termination, or a notification of planned changes or anticipated noncompliance does not stay any permit condition [40 CFR 122.41(f)]. 13. Permit Modification, Revocation and Reissuance, or Termination The issuance of this permit does not prohibit the permit issuing authority from reopening and modifying the permit, revoking and reissuing the permit, or terminating the permit as allowed by the laws, rules, and regulations contained in Title 40, Code of Federal Regulations, Parts 122 and 123; Title 15A of the North Carolina Administrative Code, Subchapter 02H .0100; and North Carolina General Statute 143.215.1 et. al. 14. Annual Administering and Compliance Monitoring Fee Requirements The Permittee must pay the annual administering and compliance monitoring fee within thirty days after being billed by the Division. Failure to pay the fee in a timely manner in accordance with 15A NCAC 02H .0105(b)(2) may cause this Division to initiate action to revoke the permit. Section C. Operation and Maintenance of Pollution Controls 1. Certified Operator Owners of classified water pollution control systems must designate operators, certified by the Water Pollution Control System Operators Certification Commission (WPCSOCC), of the appropriate type and grade for the system, and, for each classification must [T15A NCAC 08G .0201]: a. designate one Operator In Responsible Charge (ORC) who possesses a valid certificate of the type and grade at least equivalent to the type and grade of the system; b. designate one or more Back-up Operator(s) in Responsible Charge (Back-up ORCs) who possesses a valid certificate of the type of the system and no more than one grade less than the grade of the system, with the exception of no backup operator in responsible charge is required for systems whose minimum visitation requirements are twice per year; and c. submit a signed completed "Water Pollution Control System Operator Designation Form" to the Commission (or to the local health department for owners of subsurface systems) countersigned by the designated certified operators, designating the Operator in Responsible Charge (ORC) and the Back-up Operator in Responsible Charge (Back-up ORC): (1) 60 calendar days prior to wastewater or residuals being introduced into a new system; or (2) within 120 calendar days following: ➢ receiving notification of a change in the classification of the system requiring the designation of a new Operator in Responsible Charge (ORC) and Back-up Operator in Responsible Charge (Back-up ORC) of the proper type and grade; or ➢ a vacancy in the position of Operator in Responsible Charge (ORC) or Back-up Operator in Responsible Charge (Back-up ORC). Version 1110912011 NPDES Permit Standard Conditions Page 7 of 18 (3) within seven calendar days of vacancies in both ORC and Back-up ORC positions replacing or designating at least one of the responsibilities. The ORC of each Class I facility (or the Back-up ORC, when acting as surrogate for the ORC) must: ➢ Visit the facility as often as is necessary to insure proper operation of the treatment system; the treatment facility must be visited at least weekly ➢ Comply with all other conditions of 15A NCAC 08G.0204. The ORC of each Class II, III and IV facility (or the Back-up ORC, when acting as surrogate for the ORC) must: ➢ Visit the facility as often as is necessary to insure proper operation of the treatment system; the treatment facility must be visited at least five days per week, excluding holidays ➢ Properly manage and document daily operation and maintenance of the facility ➢ Comply with all other conditions of 15A NCAC 08G .0204. 2. Proper Operation and Maintenance The Permittee shall at all times properly operate and maintain all facilities and systems of treatment and control (and related appurtenances) which are installed or used by the Permittee to achieve compliance with the conditions of this permit. Proper operation and maintenance also includes adequate laboratory controls and appropriate quality assurance procedures. This provision requires the Permittee to install and operate backup or auxiliary facilities only when necessary to achieve compliance with the conditions of the permit [40 CFR 122.41(e)]. NOTE: Properly and officially designated operators are fully responsible for all proper operation and maintenance of the facility, and all documentation required thereof, whether acting as a contract operator [subcontractor] or a member of the Permittee's staff. 3. Need to Halt or Reduce not a Defense It shall not be a defense for a Permittee in an enforcement action that it would have been necessary to halt or reduce the permitted activity in order to maintain compliance with the condition of this permit [40 CFR 122.41(c)]. 4. Bypassing of Treatment Facilities a. Bypass not exceeding limitations [40 CFR 122.41(m)(2)] The Permittee may allow any bypass to occur which does not cause effluent limitations to be exceeded, but only if it also is for essential maintenance to assure efficient operation. These bypasses are not subject to the provisions of Paragraphs b. and c. of this section. b. Notice [40 CFR 122.41(m)(3)] (1) Anticipated bypass. If the Permittee knows in advance of the need for a bypass, it shall submit prior notice, if possible at least ten days before the date of the bypass; including an evaluation of the anticipated quality and effect of the bypass. (2) Unanticipated bypass. The Permittee shall submit notice of an unanticipated bypass as required in Part II.E.6. (24-hour notice). c. Prohibition of Bypass (1) Bypass from the treatment facility is prohibited and the Permit Issuing Authority may take enforcement action against a Permittee for bypass, unless: (A) Bypass was unavoidable to prevent loss of life, personal injury or severe property damage; (B) There were no feasible alternatives to the bypass, such as the use of auxiliary treatment facilities, retention of untreated wastes or maintenance during normal periods of equipment downtime. This condition is not satisfied if adequate backup equipment should have been installed in the exercise of reasonable engineering judgment to prevent a bypass which occurred during normal periods of equipment downtime or preventive maintenance; and (C) The Permittee submitted notices as required under Paragraph b. of this section. (2) Bypass from the collection system is prohibited and the Permit Issuing Authority may take enforcement action against a Permittee for a bypass as provided in any current or future system -wide collection system permit associated with the treatment facility. Version 11/09/2011 NPDES Permit Standard Conditions Page 8 of 18 (3) The Permit Issuing Authority may approve an anticipated bypass, after considering its adverse effects, if the Permit Issuing Authority determines that it will meet the three conditions listed above in Paragraph c. (1) of this section. 5. Upsets a. Effect of an upset [40 CFR 122.41(n)(2)]: An upset constitutes an affirmative defense to an action brought for noncompliance with such technology based permit effluent limitations if the requirements of paragraph b. of this condition are met. No determination made during administrative review of claims that noncompliance was caused by upset, and before an action for noncompliance, is final administrative action subject to judicial review. b. Conditions necessary for a demonstration of upset: Any Permittee who wishes to establish the affirmative defense of upset shall demonstrate, through properly signed, contemporaneous operating logs, or other relevant evidence that: (1) An upset occurred and that the Permittee can identify the cause(s) of the upset; (2) The Permittee facility was at the time being properly operated; and (3) The Permittee submitted notice of the upset as required in Part II.E.6.(b) of this permit. (4) The Permittee complied with any remedial measures required under Part II.B.2. of this permit. c. Burden of proof [40 CFR 122.41(n)(4)]: The Permittee seeking to establish the occurrence of an upset has the burden of proof in any enforcement proceeding. 6. Removed Substances Solids, sludges, filter backwash, or other pollutants removed in the course of treatment or control of wastewaters shall be utilized:disposed of in accordance with NCGS 143-215.1 and in a manner such as to prevent any pollutant from such materials from entering waters of the State or navigable waters of the United States except as permitted by the Commission. The Permittee shall comply with all applicable state and Federal regulations governing the disposal of sewage sludge, including 40 CFR 503, Standards for the Use and Disposal of Sewage Sludge; 40 CFR Part 258, Criteria For Municipal Solid Waste Landfills; and 15A NCAC Subchapter 2T, Waste Not Discharged To Surface Waters. The Permittee shall notify the 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 herein, shall be representative of the permitted discharge. Samples collected at a frequency less than daily shall be taken on a day and time that is representative of the discharge for the period the sample represents. All samples shall be taken at the monitoring points specified in this permit and, unless otherwise specified, before the 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 Authority [40 CFR 122.410)]. 2. Reporting Monitoring results obtained during the previous month(s) shall be summarized for each month and reported on a monthly Discharge Monitoring Report (DMR) Form (MR 1, 1. 1, 2, 3) or alternative forms approved by the Director, postmarked no later than the last calendar day of the month following the completed reporting period. The first DMR is due on the last day of the month following the issuance of the permit or in the case of a new facility, on the last day of the month following the commencement of discharge. Duplicate signed copies of these, and all other reports required herein, shall be submitted to the following address: Version 11/0912011 NPDES Permit Standard Conditions Page 9 of 18 NC DENR Division of Water Quality Surface Water Protection Section ATTENTION: Central Files 1617 Mail Service Center Raleigh, North Carolina 27699-1617 3. Flow Measurements Appropriate flow measurement devices and methods consistent with accepted scientific practices shall be selected and used to ensure the accuracy and reliability of measurements of the volume of monitored discharges. The devices shall be installed, calibrated and maintained to ensure that the accuracy of the measurements is consistent with the accepted capability of that type of device. Devices selected shall be capable of measuring flows with a maximum deviation of less than 10% from the true discharge rates throughout the range of expected discharge volumes. Flow measurement devices shall be accurately calibrated at a minimum of once per year and maintained to ensure that the accuracy of the measurements is consistent with the accepted capability of that type of device. The Director shall approve the flow measurement device and monitoring location prior to installation. Once -through condenser cooling water flow monitored by pump logs, or pump hour meters as specified in Part I of this permit and based on the manufacturer's pump curves shall not be subject to this requirement. 4. Test Procedures Laboratories used for sample analysis must be certified by the Division. Permittees should contact the Division's Laboratory Certification Section (919 733-3908 or http://portal.ncdenr.org/web/wq/lab/cert) for information regarding laboratory certifications. Facilities whose personnel are conducting testing of field -certified parameters only must hold the appropriate field parameter laboratory certifications. Test procedures for the analysis of pollutants shall conform to the EMC regulations (published pursuant to NCGS 143-215.63 et. seq.), the Water and Air Quality Reporting Acts, and to regulations published pursuant to Section 304(g), 33 USC 1314, of the CWA (as amended), and 40 CFR 136; or in the case of sludge use or disposal, approved under 40 CFR 136, unless otherwise specified in 40 CFR 503, unless other test procedures have been specified in this permit [40 CFR 122.41 ]. 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. 5. Penalties for Tampering The CWA provides that any person who falsifies, tampers with, or knowingly renders inaccurate, any monitoring device or method required to be maintained under this permit shall, upon conviction, be punished by a fine of not more than $10,000 per violation, or by imprisonment for not more than two years per violation, or by both. If a conviction of a person is for a violation committed after a first conviction of such person under this paragraph, punishment is a fine of not more than $20,000 per day of violation, or by imprisonment of not more than 4 years, or both [40 CFR 122.41 ]. 6. Records Retention Except for records of monitoring information required by this permit related to the Permittee's sewage sludge use and disposal activities, which shall be retained for a period of at least five years (or longer as required by 40 CFR 503), the Permittee shall retain records of all monitoring information, including: ➢ all calibration and maintenance records ➢ all original strip chart recordings for continuous monitoring instrumentation ➢ copies of all reports required by this permit ➢ copies of all data used to complete the application for this permit These records or copies shall be maintained for a period of at least 3 years from the date of the sample, measurement, report or application. This period may be extended by request of the Director at any time [40 CFR 122.41]. Version 11/0912011 NPDES Permit Standard Conditions Page 10 of 18 7. Recording Results For each measurement or sample taken pursuant to the requirements of this permit, the Permittee shall record the following information [40 CFR 122.41]: a. The date, exact place, and time of sampling or measurements; b. The individual(s) who performed the sampling or measurements; c. The date(s) analyses were performed; d. The individual(s) who performed the analyses; e. The analytical techniques or methods used; and f. The results of such analyses. 8. Inspection and Entry The Permittee shall allow the Director, or an authorized representative (including an authorized contractor acting as a representative of the Director), upon the presentation of credentials and other documents as may be required by law, to; a. Enter, at reasonable times, upon the Permittee's premises where a regulated facility or activity is located or conducted, or where records must be kept under the conditions of this permit; b. Have access to and copy, at reasonable times, any records that must be kept under the conditions of this permit; c. Inspect at reasonable 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(i)]. 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 permit more frequently than or at a level in excess of that authorized shall constitute a violation of the permit. 2. Planned Changes The Permittee shall give notice to the Director as soon as possible of any planned physical alterations or additions to the permitted facility [40 CFR 122.41(1)]. Notice is required only when: a. The alteration or addition to a permitted facility may meet one of the criteria for new sources at 40 CFR 122.29(b); or b. The alteration or addition could significantly change the nature or increase the quantity of pollutants discharged. This notification applies to pollutants subject neither to effluent limitations in the permit, nor to notification requirements under 40 CFR 122.42(a)(1); or c. The alteration or addition results in a significant change in the Permittee's sludge use or disposal practices, and such alteration, addition or change may justify the application of permit conditions that are different from or absent in the existing permit, including notification of additional use or disposal sites not reported during the permit application process or not reported pursuant to an approved land application plan. 3. Anticipated Noncompliance The Permittee shall give advance notice to the Director of any planned changes to the permitted facility or other activities that might result in noncompliance with the permit [40 CFR 122.41(1)(2)]. 4. Transfers This permit is not transferable to any person without prior written notice to and approval from the Director in accordance with 40 CFR 122.61. The Director may condition approval in accordance with NCGS 143-215.1, in particular NCGS 143-215. 1 (b)(4)b.2., and may require modification or revocation and reissuance 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. Version 11/09/2011 NPDES Permit Standard Conditions Page I 1 of 18 5. Monitoring Reports Monitoring results shall be reported at the intervals specified elsewhere in this permit [40 CFR 122.41(1)(4)]. a. Monitoring results must be reported on a Discharge Monitoring Report (DMR) (See Part II.D.2) or forms provided by the Director for reporting results of monitoring of sludge use or disposal practices. b. If the Permittee monitors any pollutant more frequently than required by this permit using test procedures approved under 40 CFR Part 136 and at a sampling location specified in this permit or other appropriate instrument governing the discharge, the results of such monitoring shall be included in the calculation and reporting of the data submitted on the DMR. 6. Twenty-four Hour Reporting a. The Permittee shall report to the Director or the appropriate Regional Office any noncompliance that potentially threatens public health or the environment. Any information shall be provided orally within 24 hours from the time the 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 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 (800) 662-7956, (800) 858-0368 or (919) 733-3300. 7. Other Noncompliance The Permittee shall report all instances of noncompliance not reported under Part II.E.5 and 6. of this permit at the time monitoring reports are submitted. The reports shall contain the information listed in Part II.E.6. of this permit [40 CFR 122.41(l)(7)]. 8. Other Information Where the Permittee becomes aware that it failed to submit any relevant facts in a permit application, or submitted incorrect information in a permit application or in any report to the Director, it shall promptly submit such facts or information [40 CFR 122.41(1)(8)]. 9. Noncompliance Notification The Permittee shall report by telephone to either the central office or the appropriate regional office of the Division as soon as possible, but in no case more than 24 hours or on the next working day following the occurrence or first knowledge of the occurrence of any of the following: a. Any occurrence at the water pollution control facility which results in the discharge of significant amounts of wastes which are abnormal in quantity or characteristic, such as the dumping of the contents of a sludge digester; the known passage of a slug of hazardous substance through the facility; or any other unusual circumstances. b. Any process unit failure, due to known or unknown reasons, that render the facility incapable of adequate wastewater treatment such as mechanical or electrical failures of pumps, aerators, compressors, etc. c. Any failure of a pumping station, sewer line, or treatment facility resulting in a by-pass without treatment of all or any portion of the influent to such station or facility. Persons reporting such occurrences by telephone shall also file a written report within 5 days following first knowledge of the occurrence. Also see reporting requirements for municipalities in Part IV.C.2.c. of this permit. 10. 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. Version 11/09/2011 NPDES Permit Standard Conditions Page 12 of 18 11. Penalties for Falsification of Reports The CWA provides that any person who knowingly makes any false statement, representation, or certification in any record or other document submitted or required to be maintained under this permit, including monitoring reports or reports of compliance or noncompliance shall, upon conviction, be punished by a fine of not more than $25,000 per violation, or by imprisonment for not more than two years per violation, or by both [40 CFR 122.41 ]. 12. Annual Performance Reports Permittees who own or operate facilities that collect or treat municipal or domestic waste shall provide an annual report to the Permit Issuing Authority and to the users/customers served by the Permittee (NCGS 143-215.1C). The report shall summarize the performance of the collection or treatment system, as well as the extent to which the facility was compliant with applicable Federal or State laws, regulations and rules pertaining to water quality. The report shall be provided no later than sixty days after the end of the calendar or fiscal year, depending upon which annual period is used for evaluation. The report shall be sent to: NC DENR . Division of Water Quality / Surface Water Protection Section ATTENTION: Central Files 1617 Mail Service Center Raleigh, North Carolina 27699-1617 Version 11/09/2011 NPDES Permit Standard Conditions Page 13 of 18 PART III OTHER REQUIREMENTS Section A. Construction a. The Permittee shall not commence construction of wastewater treatment facilities, nor add to the plant's treatment capacity, nor change the treatment process(es) utilized at the treatment plant unless (1) the Division has issued an Authorization to Construct (AtC) permit or (2) the Permittee is exempted from such AtC permit requirements under Item b. of this Section. b. In accordance with NCGS 143-215.1(a5) [SL 2011-394], no permit shall be required to enter into a contract for the construction, installation, or alteration of any treatment work or disposal system or to construct, install, or alter any treatment works or disposal system within the State when the system's or work's principle function is to conduct, treat, equalize, neutralize, stabilize, recycle, or dispose of industrial waste or sewage from an industrial facility and the discharge of the industrial waste or sewage is authorized under a permit issued for the discharge of the industrial waste or sewage into the waters of the State. Notwithstanding the above, the permit issued for the discharge may be modified if required by federal regulation. c. Issuance of an AtC will not occur until Final Plans and Specifications for the proposed construction have been submitted by the Permittee and approved by the Division. Section B. Groundwater Monitoring The Permittee shall, upon written notice from the Director, conduct groundwater monitoring as may be required to determine the compliance of this NPDES permitted facility with the current groundwater standards. Section C. Changes in Discharges of Toxic Substances The Permittee shall notify the Permit 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 pg/L); (2) Two hundred micrograms per liter (200 pg/L) for acrolein and acrylonitrile; five hundred micrograms per liter (500 µg/L) for 2,4-dinitrophenol and for 2-methyl4,6-dinitrophenol; and one milligram per liter (1 mg/L) for antimony; (3) Five times the maximum concentration value reported for that pollutant in the permit application. b. That any activity has occurred or will occur which would result in any discharge, on a non -routine or 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 pg/L); (2) One milligram per liter (1 mg/L) for antimony; (3) Ten times the maximum concentration value reported for that pollutant in the permit application. Section D. Facility Closure Requirements The Permittee must notify the Division at least 90 days prior to the closure of any wastewater treatment system covered by this permit. The Division may require specific measures during deactivation of the system to prevent adverse impacts to waters of the State. This permit cannot be rescinded while any activities requiring this permit continue at the permitted facility. Version 11/09/2011 NPDES Permit Standard Conditions Page 14 of 18 PART IV SPECIAL CONDITIONS FOR MUNICIPAL FACILITIES Section A. Definitions In addition to the definitions in Part II of this permit, the following definitions apply to municipal facilities: Indirect Discharge or Industrial User Any non-domestic source that discharges wastewater containing pollutants into a POTW regulated under section 307(b), (c) or (d) of the CWA. [40 CFR 403.3 (i) and 0) and 15A NCAC 02H .0903(b)(11)] Interference Inhibition or disruption of the POTW treatment processes; operations; or its sludge process, use, or disposal which causes or contributes to a violation of any requirement of the Permittee's (or any satellite POTW's if different from the Permittee) NPDES, collection system, or non -discharge permit or prevents sewage sludge use or disposal in compliance with specified applicable State and 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)] "Significant Industrial User" or "SIU" An Industrial User that discharges wastewater into a publicly owned treatment works and that [15A NCAC 02H .0903(b)(33)]: 1. Discharges an average of 25,000 gallons per day or more of process wastewater to the POTW (excluding sanitary, noncontact cooling and boiler blowdown wastewaters); or 2. Contributes process wastewater which makes up five percent or more of the NPDES or non -discharge permitted flow limit or organic capacity of the POTW treatment plant. In this context, organic capacity refers to BOD, TSS and ammonia; or 3. Is subject to categorical standards under 40 CFR Part 403.6 and 40 CFR Parts 405-471; or 4. Is designated as such by the Permittee on the basis that the Industrial User has a reasonable potential for adversely affecting the POTW's operation or for violating any pretreatment standard or requirement, or the POTW's effluent limitations and conditions in its NPDES or non -discharge permit, or to limit the POTW's sludge disposal options; 5. Subject to approval under 15A NCAC 02H .0907(b), the Permittee may determine that an Industrial User meeting the criteria in paragraphs 1 or 2 of this definition above has no reasonable potential for adversely affecting the POTW's operation or for violating any pretreatment standard or requirement, the POTW's effluent limitations and conditions in its NPDES or non -discharge permit, or to limit the POTW's sludge disposal options, and thus is not a Significant Industrial User (SIU); or 6. Subject to approval under 15A NCAC 02H .0907(b), the Permittee may determine that an Industrial User meeting the criteria in paragraph 3 of this definition above meets the requirements of 40 CFR Part 403.3(v)(2) and thus is a non-significant categorical Industrial User. Section B. Publicly Owned Treatment Works (POTWs) Version 11/09/2011 NPDES Permit Standard Conditions Page 15 of 18 All POTWs must provide adequate notice to the Director of the following [40 CFR 122.42(b)]: 1. Any new introduction of pollutants into the POTW from an indirect discharger, regardless of the means of transport, which would be subject to section 301 or 306 of CWA if it were directly discharging those pollutants; and 2. Any substantial change in the volume or character of pollutants being introduced by an indirect discharger as influent to that POTW at the time of issuance of the permit. 3. For purposes of this paragraph, adequate notice shall include information on (1) the quality and quantity of effluent introduced into the POTW, and (2) any anticipated impact that may result from the change of the quantity or quality of effluent to be discharged from the POTW. Section C. Municipal Control of Pollutants from Industrial Users. Effluent limitations are listed in Part I of this permit. Other pollutants attributable to inputs from Industrial Users discharging to the POTW may be present in the Permittee's discharge. At such time as sufficient information becomes available to establish limitations for such pollutants, this permit may be revised to specify effluent limitations for any or all of such other pollutants in accordance with best practicable technology or water quality standards. Prohibited Discharges a. The Permittee shall develop and enforce their Pretreatment Program to implement the prohibition against the introduction of pollutants or discharges into the waste treatment system or waste collection system which cause or contribute to Pass Through or Interference as defined in 15A NCAC 02H .0900 and 40 CFR 403. [40 CFR 403.5(a)(1)] b. The Permittee shall develop and enforce their Pretreatment Program to implement the prohibitions against the introduction of the following wastes in the waste treatment or waste collection system [40 CFR 403.5(b)]: (1) Pollutants which create a fire or explosion hazard in the POTW, including, but not limited to, wastestreams with a closed cup flashpoint of less than 140 degrees Fahrenheit or 60 degrees Centigrade using the test methods specified in 40 CFR 261.21; (2) Pollutants which cause corrosive structural damage to the POTW, but in no case discharges with pH lower than 5.0, unless the works is specifically designed to accommodate such discharges; (3) Solid or viscous pollutants in amounts which cause obstruction to the flow in the POTW resulting in Interference; (4) Any pollutant, including oxygen demanding pollutants (BOD, etc.) released in a Discharge at a flow rate and/or pollutant concentration which will cause Interference with the POTW; (5) Heat in amounts which will inhibit biological activity in the POTW resulting in Interference, but in no case heat in such quantities that the temperature at the POTW Treatment Plant exceeds 40°C (104IF) 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. 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 andfor the operation of the POTW. The Permittee shall report such discharges into the POTW to the Director or the appropriate Regional Office. Any information shall be provided orally within 24 hours from the time the Permittee became aware of the circumstances. A written submission shall also be provided within 5 days of the time the Permittee becomes aware of the circumstances. The written submission shall contain a description of the discharge; the investigation into possible sources; the period of the discharge, including exact dates and times; if the discharge has not ceased, the anticipated time it is expected to continue; and steps taken or planned to reduce, eliminate, and prevent reoccurrence of the noncompliance, Version 11/09/2011 NPDES Permit Standard Conditions Page 16 of 18 3. With regard to the effluent requirements listed in Part I of this permit, it may be necessary for the Permittee to supplement the requirements of the Federal Pretreatment Standards (40 CFR, Part 403) to ensure compliance by the Permittee with all applicable effluent limitations. Such actions by the Permittee may be necessary regarding some or all of the industries discharging to 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 incorporate or modify an approved POTW Pretreatment Program or to include a compliance schedule for the development of a POTW Pretreatment Program as required under Section 402 (b)(8) of the CWA and implementing regulations or by the requirements of the approved State pretreatment program, as appropriate. Section D. Pretreatment Programs Under authority of sections 307 (b) and (c) and 402(b)(8) of the CWA and implementing regulations 40 CFR 403, North Carolina General Statute 143-215.3(14) and implementing regulations 15A NCAC 02H .0900, and in accordance with the approved pretreatment program, all provisions and regulations contained and referenced in the pretreatment program submittal are an enforceable part of this 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 II or Part IV of this permit are as defined in 15A NCAC 02H .0903 and 40 CFR 403.3. 1. Sewer Use Ordinance (SUO) The Permittee shall maintain adequate legal authority to implement its approved pretreatment program. [15A NCAC 02H .0903(b)(32),.0905 and .0906(b)(1); 40 CFR 403.8(f)(1) and 403.9(b)(1) and (2)] 2. Industrial Waste Survey (IWS) The Permittee shall implement an IWS consisting of the survey of users of the POTW collection system or treatment plant, as required by 40 CFR 403.8(f)(2)(i-iii) and 15A NCAC 02H .0905 [also 40 CFR 122.440)(1)], including identification of all Industrial Users that may have an impact on the POTW and the character and amount of pollutants contributed to the POTW by these Industrial Users and identification of those Industrial Users meeting the definition of SIU. Where the Permittee accepts wastewater from one or more satellite POTWs, the IWS for the Permittee shall address all satellite POTW services areas, unless the pretreatment program in those satellite service areas is administered by a separate Permittee with an approved Pretreatment Program. The Permittee shall submit a summary of its IWS activities to the Division at least once every five years, and as required by the Division. The IWS submission shall include a summary of any investigations conducted under paragraph C.2.c. of this Part. [15A NCAC 02H .0903(b)(13), .0905 and .0906(b)(2); 40 CFR 403.8(f)(2) and 403.9] 3. Monitoring Plan The Permittee shall implement a Division -approved Monitoring Plan for the collection of facility specific data to be used in a wastewater treatment plant Headworks Analysis (HWA) for the development of specific pretreatment local limits. Effluent data from the Plan shall be reported on the DMRs (as required by Parts II.D and II.E.S.). [15A NCAC 02H .0903(b)(16), .0906(b)(3) and .0905] 4. Headworks Analysis (HWA) and Local Limits The Permittee shall obtain Division approval of a HWA at least once every five years, and as required by the Division. Within 180 days of the effective date of this permit (or any subsequent permit modification) the Permittee shall submit to the Division a written technical evaluation of the need to revise local limits (i.e., an updated HWA or documentation of why one is not needed) [40 CFR 122.44]. The Permittee shall develop, in accordance with 40 CFR 403.5(c) and 15A NCAC 02H .0909, specific Local Limits to implement the prohibitions listed in 40 CFR 403.5(a) and (b) and 15A NCAC 02H .0909. Pursuant to 40 CFR 403.5, local limits are Version 11/09/2011 NPDES Permit Standard Conditions Page 17 of 18 enforceable Pretreatment Standards as defined by 40 CFR 403.3(1). [15A NCAC 02H .0903(b)(I0), .0905, and .0906(b)(4)] 5. 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 determined by the HWA. [15A NCAC 02H .0906(b)(6), .0909, .0916, and .0917; 40 CFR 403.5, 403.8(f)(1)(iii); NCGS 143-215.67(a)] 6. Authorization to Construct (AtC) The Permittee shall ensure that an Authorization to Construct permit (AtC) is issued to all applicable Industrial Users for the construction or modification of any pretreatment facility. Prior to the issuance of an AtC, the proposed pretreatment facility and treatment process must be evaluated for its capacity to comply with all Industrial User Pretreatment Permit (IUP) limitations. [15A NCAC 02H .0906(b)(7) and .0905; NCGS 143- 215.1(a)(8)] 7. POTW Inspection & Monitoring of their IUs The Permittee shall conduct inspection, surveillance, and monitoring activities as described in its Division approved pretreatment program in order to determine, independent of information supplied by Industrial Users, compliance with applicable pretreatment standards. [I 5A NCAC 02H .0908(e); 40 CFR 403.8(f)(2)(v)] The Permittee must: a. Inspect all Significant Industrial Users (SIUs) at least once per calendar year; b. Sample all Significant Industrial Users (SIUs) at least once per calendar year for all SIU permit -limited parameters including flow except as allowed under 15A NCAC .0908(e); and c. At least once per year, document an evaluation of any non-significant categorical Industrial User for compliance with the requirements in 40 CFR 403.3(v)(2), and either continue or revoke the designation as non- significant. 8. IU Self Monitoring and Reporting The Permittee shall require all Industrial Users to comply with the applicable monitoring and reporting requirements outlined in the Division -approved pretreatment program, the industry's pretreatment permit, or in 15A NCAC 02H.0908. [15A NCAC 02H .0906(b)(5) and .0905; 40 CFR 403.8(f)(1)(v) and (2)(iii); 40 CFR 122.440)(2) and 40 CFR 403.12] 9. Enforcement Response Plan (ERP) The Permittee shall enforce and obtain appropriate remedies for violations of all pretreatment standards promulgated pursuant to section 307(b) and (c) of the CWA (40 CFR 405 et. seq.), prohibitive discharge standards as set forth in 40 CFR 403.5 and 15A NCAC 02H .0909, specific local limitations, and other pretreatment requirements. All remedies, enforcement actions and other, shall be consistent with the Enforcement Response Plan (ERP) approved by the Division. [15A NCAC 02H .0903(b)(7), .0906(b)(8) and .0905; 40 CFR 403.8(f)(5)] 10. Pretreatment Annual Reports (PAR) The Permittee shall report to the Division in accordance with 15A NCAC 02H .0908. In lieu of submitting annual reports, Modified Pretreatment Programs developed under 15A NCAC 02H .0904 (b) may be required to submit a partial annual report or to meet with Division personnel periodically to discuss enforcement of pretreatment requirements and other pretreatment implementation issues. For all other active pretreatment programs, the Permittee shall submit two copies of a Pretreatment Annual Report (PAR) describing its pretreatment activities over the previous calendar year to the Division at the following address: Version 11/0912011 NPDES Permit Standard Conditions Page 18 of 18 NC DENR i Division of Water Quality ' Surface Water Protection Section Pretreatment, Emergency Response, and Collection Systems (PERCS) Unit 1617 Mail Service Center Raleigh, North Carolina 27699-1617 These reports shall be submitted by March 1 of each year and shall contain the following: a. Narrative A narrative summary detailing actions taken, or proposed, by the Permittee to correct significant non- compliance and to ensure compliance with pretreatment requirements; b. Pretreatment Program Summary (PPS) A pretreatment program summary (PPS) on forms or in a format provided by the Division; c. Significant Non -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 determine compliance with the pretreatment implementation requirements of this permit; 11. Public Notice The Permittee shall publish annually a list of Industrial Users (IUs) that were in significant noncompliance (SNC) as defined in the Permittee's Division -approved Sewer Use Ordinance with applicable pretreatment requirements and standards during the previous twelve month period. This list shall be published within four months of the applicable twelve-month period. [15A NCAC 02H .0903(b)(34), .0908(b)(5) and .0905 and 40 CFR 403.8(f)(2)(viii)] 12. Record Keeping The Permittee shall retain for a minimum of three years records of monitoring activities and results, along with support information including general records, water quality records, and records of industrial impact on the POTW and shall retain all other Pretreatment Program records as required by 15A NCAC 02H .0908(f). [15A NCAC 02H .0908(f); 40 CFR 403.12(0)] 13. Pretreatment Program Resources The Permittee shall maintain adequate funding and qualified personnel to accomplish the objectives of its approved pretreatment program. and retain a written description of those current levels of inspection. [I 5A 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. Version 11/09/2011 PART V STANDARD CONDITIONS FOR NPDES STORMWATER INDIVIDUAL PERMITS SECTION A: COMPLIANCE AND LIABILITY Compliance Schedule The permittee shall comply with Limitations and Controls specified for stormwater discharges in accordance with the following schedule: Existing Facilities already operating but applying for permit coverage for the first time: The Stormwater Pollution Prevention Plan shall be developed and implemented within 12 months of the effective date of the initial permit and updated thereafter on an annual basis. Secondary containment, as specified in Part Il, Section A, Paragraph 2(b) of this permit, shall be accomplished within 12 months of the effective date of the initial permit issuance. New Facilities applying for coverage for the first time: The Stormwater Pollution Prevention Plan shall be developed and implemented prior to the beginning of discharges from the operation of the industrial activity and be updated thereafter on an annual basis. Secondary containment, as specified in Part ll, Section A, Paragraph 2(b) of this permit shall be accomplished prior to the beginning of stormwater discharges from the operation of the industrial activity. Existing facilities previously permitted and applying for renewal: All requirements, conditions, limitations, and controls contained in this permit (except new SPPP elements in this permit renewal) shall become effective immediately upon issuance of this permit. New elements of the Stormwater Pollution Prevention Plan for this permit renewal shall be developed and implemented within 6 months of the effective date of this permit and updated thereafter on an annual basis. Secondary containment, as specified in Part 11, Paragraph 2(b) of this permit shall be accomplished prior to the beginning of stormwater discharges from the operation of the industrial activity. Duty to Comply The permittee must comply with all conditions of this permit. Any permit noncompliance constitutes a violation of the Clean Water Act (CWA) and is grounds for enforcement action; for permit termination, revocation and reissuance, or modification; or denial of a permit upon renewal application [40 CFR 122.41]. The permittee shall comply with standards or prohibitions established under section 307(a) of the CWA for toxic pollutants within the time provided in the regulations that establish these standards or prohibitions, even if the permit has not yet been modified to incorporate the requirement [40 CFR 122.41]. 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)]. 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 imprisonment of not more than 1 year, or both. In the case of a second or subsequent conviction for a negligent violation, a person shall be subject to criminal penalties of not more than $50,000 per day of violation, or by imprisonment of not more than 2 years, or both [33 USC 1319(c)(1) and 40 CFR 122.41(a)(2)]. d. Any person who knowingly violates such sections, or such conditions or limitations is subject to criminal penalties of $5,000 to $50,000 per day of violation, or imprisonment for not more than 3 years, or both. In the case of a second or subsequent conviction for a knowing violation, a person shall be subject to criminal penalties of not more than $100,000 per day of violation, or imprisonment of not more than 6 years, or both [33 USC 1319(c)(2) and 40 CFR 122.41(a)(2)]. e. Any person who knowingly violates section 301, 302, 303, 306, 307, 308, 318 or 405 of the Act, or any permit condition or limitation implementing any of such sections in a permit issued under section 402 of the Act, and who knows at that time that he thereby places another person in imminent danger of death or serious bodily injury, shall, upon conviction, be subject to a fine of not more than $250,000 or imprisonment of not more than 15 years, or both. In the case of a second or subsequent conviction for a knowing endangerment violation, a person shall be subject to a fine of not more than $500,000 or by imprisonment of not more than 30 years, or both. An organization, as defined in section 309(c)(3)(B)(iii) of the CWA, shall, upon conviction of violating the imminent danger provision, be subject to a fine of not more than $1,000,000 and can be fined up to $2,000,000 for second or subsequent convictions [40 CFR 122.41(a)(2)]. f. Under state law, a civil penalty of not more than $25,000 per violation may be assessed against any person who violates or fails to act in accordance with the terms, conditions, or requirements of a permit [North Carolina General Statutes § 143-215.6A]. g. Any person may be assessed an administrative penalty by the Administrator for violating section 301, 302, 306, 307, 308, 318 or 405 of this Act, or any permit condition or limitation implementing any of such sections in a permit issued under section 402 of this Act. Administrative penalties for Class I violations are not to exceed $16,000 per violation, with the maximum amount of any Class I penalty assessed not to exceed $37,500. Penalties for Class 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)]. Duty to Mitigate The permittee shall take all reasonable steps to minimize or prevent any discharge in violation of this permit which has a reasonable likelihood of adversely affecting human health or the environment [40 CFR 122.41(d)]. 4. Civil and Criminal Liability Except as provided in Part III, Section C of this permit regarding bypassing of stormwater control facilities, 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. 5. 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 USC 1321. 6. Property Rights The issuance of this permit does not convey any property rights in either real or personal property, or any exclusive privileges, nor does it authorize any injury to private property or any invasion of personal rights, nor any infringement of federal, state or local laws or regulations [40 CFR 122.41(g)]. Severability The provisions of this permit are severable, and if any provision of this permit, or the application of any provision of this permit to any circumstances, is held invalid, the application of such provision to other circumstances, and the remainder of this permit, shall not be affected thereby [NCGS 15013-23]. 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 the permit issued pursuant to 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 to be kept by this permit [40 CFR 122.41(h)]. Penalties for Tampering The Clean Water Act 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]. 10. Penalties for Falsification of Reports The Clean Water Act 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 $10,000 per violation, or by imprisonment for not more than two years per violation, or by both [40 CFR 122.41]. 11. Onshore or Offshore Construction This permit does not authorize or approve the construction of any onshore or offshore physical structures or facilities or the undertaking of any work in any navigable waters. 12. Duty to Reapply If the permittee wishes to continue an activity regulated by this permit after the expiration date of this permit, the permittee must apply for and obtain a new permit [40 CFR 122.41(b)]. SECTION B: GENERAL CONDITIONS 1. Permit Expiration 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 forms and fees as are required by the agency authorized to issue permits no later than 180 days prior to the expiration date, unless permission for a later date has been granted by the Director. (The Director shall not grant permission for applications to be submitted later than the expiration date of the existing permit) [40 CFR 122.21(d)]. Any permittee that has not requested renewal at least 180 days prior to expiration, or any permittee that does not have a permit after the expiration and has not requested renewal at least 180 days prior to expiration, will be subjected to enforcement procedures as provided in NCGS §143-215.36 and 33 USC 1251 et. seq. Transfers This permit is not transferable to any person without prior written notice to and approval from the Director in accordance with 40 CFR 122.61. The Director may condition approval in accordance with NCGS 143-215.1, in particular NCGS 143-215.1(b)(4)b.2., and may require modification or revocation and reissuance 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. The Permittee is required to notify the Division in writing in the event the permitted facility is sold or closed. Signatory Requirements All applications, reports, or information submitted to the Permitting 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 initiating and directing other comprehensive measures to assure longterm 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]. 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]. Certification. Any person signing a document under paragraphs a. or b. of this section, or submitting an electronic report (e.g., eDMR), 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 qualified personnel properlygather and evaluate the information submitted. Based on my inquiry of the person or persons who manage the system, or those persons directly responsible forgathering the information, the information submitted is, to the best of my knowledge and belief, true, accurate, and complete. I am aware that there are significant penalties for submitting false information, including the possibility off►nesand imprisonmentfor knowing violations." Electronic Reports. All electronic reports (e.g., eDMRs) submitted to the Permit Issuing Authority shall be signed by a person described in paragraph a. above or by a duly authorized representative of that person as described in paragraph b. A person, and not a position, must be delegated signatory authority for eDMR or other electronic reporting purposes. The Permit Issuing Authority may require the permittee to begin reporting monitoring data electronically during the term of this permit. The permittee may be required to use North Carolina's Electronic Discharge Monitoring Report (eDMR) internet application for that purpose. For eDMR submissions, the person signing and submitting the eDMR must obtain an eDMR user account and login credentials to access the eDMR system. 4. Permit Modification. Revocation and Reissuance or Termination The issuance of this permit does not prohibit the Permit Issuing Authority from reopening and modifying the permit, revoking and reissuing the permit, or terminating the permit as allowed by the laws, rules, and regulations contained in Title 40, Code of Federal Regulations, Parts 122 and 123; Title 15A of the North Carolina Administrative Code, Subchapter 2H.0100; and North Carolina General Statute 143-215.1 et al. Permit Actions The permit may be modified, revoked and reissued, or terminated for cause. The notification of planned changes or anticipated noncompliance does not stay any permit condition [40 CFR 122.41(f)]. Annual Administering and Compliance Monitoring_ FeeRQUviremenrs The permittee must pay the administering and compliance monitoring fee within 30 (thirty) days after being billed by the Division. Failure to pay the fee in timely manner in accordance with 15A NCAC 2H .0105(b)(2) may cause the Division to initiate action to revoke the permit. SECTION C: OPERATION AND MAINTENANCE OF POLLUTION CONTROLS 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 operation of back-up or auxiliary facilities or similar systems which are installed by a permittee only when the operation is necessary to achieve compliance with the conditions of this permit [40 CFR 122.41(e)]. 2. 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)]. Bypassing of Stormwater Control Facilities Bypass is prohibited and the Director 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; and b. There were no feasible alternatives to the bypass, such as the use of auxiliary control facilities, retention of stormwater, or maintenance during normal periods of equipment downtime or dry weather. This condition is not satisfied if adequate backup controls 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, Part III, Section E of this permit. If the Director determines that it will meet the three conditions listed above, the Director may approve an anticipated bypass after considering its adverse effects. SECTION D: MONITORING AND RECORDS Representative Sampling Samples collected and measurements taken, as required herein, shall be characteristic of the volume and nature of the permitted discharge. Analytical sampling shall be performed during a measureable storm event. Samples shall be taken on a day and time that is characteristic of the discharge. All samples shall be taken before the discharge joins or is diluted by any other waste stream, body of water, or substance. Monitoring points as specified in this permit shall not be changed without notification to and approval of the Permit Issuing Authority [40 CFR 122.410)]. 2. 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 individuals) 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. 3. Flow Measurements Where required, 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. 4. Test Procedures 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 Federal Water Pollution Control Act, as Amended, and Regulation 40 CFR 136. To meet the intent of the monitoring required by this permit, all test procedures must produce minimum detection and reporting levels 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. S. Representative Outfall If a facility has multiple discharge locations with substantially identical stormwater discharges that are required to be sampled, the permittee may petition the Director for representative outfall status. If it is established that the stormwater discharges are substantially identical and the permittee is granted representative outfall status, then sampling requirements may be performed at a reduced number of outfalls. 6. Records Retention Visual monitoring shall be documented and records maintained at the facility along with the Stormwater Pollution Prevention Plan. Copies of analytical monitoring results shall also be maintained on-site. The permittee shall retain records of all monitoring information, including all calibration and maintenance records, all original strip chart recordings for continuous monitoring instrumentation, a copies of all reports required by this permit, including Discharge Monitoring Reports (DMRs) and eDMR or other electronic DMR report submissions, a 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 5 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]. Inspection and Entry The permittee shall allow the Director, or an authorized representative (including an authorized contractor acting as a representative of the Director), or in the case of a facility which discharges through a municipal separate storm sewer system, an authorized representative of a municipal operator or the separate storm sewer system receiving the discharge, upon the presentation of credentials and other documents as may be required by law, to: a. Enter upon the permittee's premises where a regulated facility or activity is located or conducted, or where records must be kept under the conditions of this permit; b. Have access to and copy, at reasonable times, any records that must be kept under the conditions of this permit; c. Inspect at reasonable times any facilities, equipment (including monitoring and control equipment), practices, or operations regulated or required under this permit; and d. Sample or monitor at reasonable times, for the purposes of assuring permit compliance or as otherwise authorized by the Clean Water Act, any substances or parameters at any location [40 CFR 122.41(i)]. SECTION E: REPORTING REQUIREMENTS 1. Discharge Monitoring Reports Samples analyzed in accordance with the terms of this permit shall be submitted to the Division on Discharge Monitoring Report (DMR) forms provided by the Director or submitted electronically to the appropriate authority using an approved electronic DMR reporting system (e.g., eDMR). DMR forms are available on the Division's website (litter//aortal.ncdenr.org/web/lr/nodes-stormwater). Regardless of the submission method (paper or electronic), submittals shall be delivered to the Division or appropriate authority no later than 30 days from the date the facility receives the sampling results from the laboratory. When no discharge has occurred from the facility during the report period, the permittee is required to submit a discharge monitoring report, within 30 days of the end of the specified sampling period, giving all required information and indicating "NO FLOW" as per NCAC T15A 0213.0506. 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 data submitted on the DMR. The permittee shall record the required qualitative monitoring observations on the SDO Qualitative Monitoring Report form provided by the Division and shall retain the completed forms on site. Qualitative monitoring results should not be submitted to the Division, except upon the Division's specific requirement to do so. Qualitative Monitoring Report forms are available at the website above. Submitting Reports Two signed copies of Discharge Monitoring Reports (DMRs) shall be submitted to: Central Files Division of Water Resources 1617 Mail Service Center Raleigh, North Carolina 27699-1617 The Permit Issuing Authority may require the permittee to begin reporting monitoring data electronically during the term of this permit. The permittee may be required to use North Carolina's eDMR internet application for that purpose. 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 address above. 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 of this permit shall be available for public inspection at the offices of the Division. As required by the Act, analytical 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 143-215.613 or in Section 309 of the Federal Act. 4. Non-Stormwater Discharges If the storm event monitored in accordance with this permit coincides with a non-stormwater discharge, the permittee shall separately monitor all parameters as required under all other applicable discharge permits and provide this information with the stormwater discharge monitoring report. 5. Planned Changes The permittee shall give notice to the Director as soon as possible of any planned changes at the permitted facility which could significantly alter the nature or quantity of pollutants discharged [40 CFR 122.41(1)]. This notification requirement includes pollutants which are not specifically listed in the permit or subject to notification requirements under 40 CFR Part 122.42 (a). 6. Anticipated Noncompliance The permittee shall give advance notice to the Director of any planned changes at the permitted facility which may result in noncompliance with the permit [40 CFR 122.41(1)(2)]. 7. a ills The permittee shall report to the local DEMLR Regional Office, within 24 hours, all significant spills as defined in Part IV of this permit. Additionally, the permittee shall report spills including: any oil spill of 25 gallons or more, any spill regardless of amount that causes a sheen on surface waters, any oil spill regardless of amount occurring within 100 feet of surface waters, and any oil spill less than 25 gallons that cannot be cleaned up within 24 hours. Bypass Notice [40 CFR 122.41(m)(3)]: a. Anticipated bypass. If the permittee knows in advance of the need for a bypass, it shall submit prior notice, if possible at least ten days before the date of the bypass; including an evaluation of the anticipated quality and effect of the bypass. b. Unanticipated bypass. The permittee shall submit notice within 24 hours of becoming aware of an unanticipated bypass. Twenty-four Hour Reporting a. The permittee shall report to the central office or the appropriate regional office any noncompliance which may endanger 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 permittee becomes aware of the circumstances. The written submission shall contain a description of the noncompliance, and its causes; the period of noncompliance, including exact dates and times, and if the noncompliance has not been corrected, the anticipated time compliance is expected to continue; and steps taken or planned to reduce, eliminate, and prevent reoccurrence of the noncompliance [40 CFR 122.41(1)(6)]. 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. Occurrences outside normal business hours may also be reported to the Division's Emergency Response personnel at (800) 662-7956, (800) 858-0368 or (919) 733-3300. 10. Other Noncompliance The permittee shall report all instances of noncompliance not reported under 24 hour reporting at the time monitoring reports are submitted [40 CFR 122.41(1)(7)]. 11. Other Information Where the Permittee becomes aware that it failed to submit any relevant facts in a permit application, or submitted incorrect information in a permit application or in any report to the Director, it shall promptly submit such facts or information [40 CFR 122.41(1)(8)]. SECTION F: DEFINITIONS 1. Act See Clean Water Act. Adverse Weather Adverse conditions are those that are dangerous or create inaccessibility for personnel, such as local flooding, high winds, or electrical storms, or situations that otherwise make sampling impractical. When adverse weather conditions prevent the collection of samples during the sample period, the permittee must take a substitute sample or perform a visual assessment during the next qualifying storm event. Documentation of an adverse event (with date, time and written narrative) and the rationale must be included with your SPPP records. Adverse weather does not exempt the permittee from having to file a monitoring report in accordance with the sampling schedule. Adverse events and failures to monitor must also be explained and reported on the relevant DMR. Allowable Non-Stormwater Discharges This permit regulates stormwater discharges. However, non-stormwater discharges which shall be allowed in the stormwater conveyance system include: a. All other discharges that are authorized by a non-stormwater NPDES permit. b. Uncontaminated groundwater, foundation drains, air -conditioner condensate without added chemicals, springs, discharges of uncontaminated potable water, waterline and fire hydrant flushings, water from footing drains, flows from riparian habitats and wetlands. c. Discharges resulting from fire -fighting or fire -fighting training, or emergency shower or eye wash as a result of use in the event of an emergency. 4. Best Management Practices (BMPsl Measures or practices used to reduce the amount of pollution entering surface waters. BMPs may take the form of a process, activity, or physical structure. More information on BMPs can be found at: http_/jrfj2ub,el2a.gov/nodes/stormwater/menuofbml2s/index.cfm. 5. Bias A bypass is the known diversion of stormwater from any portion of a stormwater control facility including the collection system, which is not a designed or established operating mode for the facility. 6. Bulk Storage of Liquid Products Liquid raw materials, intermediate products, manufactured products, waste materials, or by- products with a single above ground storage container having a capacity of greater than 660 gallons or with multiple above ground storage containers located in close proximity to each other having a total combined storage capacity of greater than 1,320 gallons. 7. Certificate of Coverage The Certificate of Coverage (COC) is the cover sheet which accompanies a General Permit upon issuance and lists the facility name, location, receiving stream, river basin, effective date of coverage under any General Permit and is signed by the Director. S. Clean Water Act The Federal Water Pollution Control Act, also known as the Clean Water Act (CWA), as amended, 33 USC 1251, et. seq. 9. Division or DEMLR The Division of Energy, Mineral, and Land Resources, Department of Environment and Natural Resources. 10. Director The Director of the Division of Energy, Mineral, and Land Resources, the permit issuing authority. 11. FMC The North Carolina Environmental Management Commission. 12. Grab Sample An individual sample collected instantaneously. Grab samples that will be analyzed (quantitatively or qualitatively) must be taken within the first 30 minutes of discharge. 13. Hazardous Substance Any substance designated under 40 CFR Part 116 pursuant to Section 311 of the Clean Water Act. 14. Landfill A disposal facility or part of a disposal facility where waste is placed in or on land and which is not a land treatment facility, a surface impoundment, an injection well, a hazardous waste long-term storage facility or a surface storage facility. 15. Measureable Storm Event A storm event that results in an actual discharge from the permitted site outfall. The previous measurable storm event must have been at least 72 hours prior. The 72 -hour storm interval may not apply if the permittee is able to document that a shorter interval is representative for local storm events during the sampling period, and obtains approval from the local DEMLR Regional Office. Two copies of this information and a written request letter shall be sent to the local DEMLR Regional Office. After authorization by the DEMLR Regional Office, a written approval letter must be kept on site in the permittee's SPPP. 16. Municipal Separate Storm Sewer System (MS41 A stormwater collection system within an incorporated area of local self-government such as a city or town. 17. No Exposure A condition of no exposure means that all industrial materials and activities are protected by a storm resistant shelter or acceptable storage containers to prevent exposure to rain, snow, snowmelt, or runoff. Industrial materials or activities include, but are not limited to, material handling equipment or activities, industrial machinery, raw materials, intermediate products, by-products, final products, or waste products [40 CFR 122.26 (b)(14)]. DEMLR may grant a No Exposure Exclusion from NPDES Stormwater Permitting requirements only if a facility complies with the terms and conditions described in 40 CFR §122.26(g). 18. Notice of Intent The state application form which, when submitted to the Division, officially indicates the facility's notice of intent to seek coverage under a General Permit. 19. Permit Issuing Authority The Director of the Division of Energy, Mineral, and Land Resources (see "Director" above). 20. Permittee The owner or operator issued this permit. 21. Point Source Discharge of Stormwater Any discernible, confined and discrete conveyance including, but not specifically limited to, any pipe, ditch, channel, tunnel, conduit, well, or discrete fissure from which stormwater is or may be discharged to waters of the state. 22. Representative Outfall Status When it is established that the discharge of stormwater runoff from a single outfall is representative of the discharges at multiple outfalls, the Division may grant representative outfall status. Representative outfall status allows the permittee to perform analytical monitoring at a reduced number of outfalls. 23. Secondary Containment Spill containment for the contents of the single largest tank within the containment structure plus sufficient freeboard to contain the 25 -year, 24-hour storm event. 24. Section 313 Water Priority Chemical A chemical or chemical category which: b. Is listed in 40 CFR 372.65 pursuant to Section 313 of Title III of the Superfund Amendments and Reauthorization Act (SARA) of 1986, also titled the Emergency Planning and Community Right - to -Know Act of 1986; c. Is present at or above threshold levels at a facility subject to SARA title III, Section 313 reporting requirements; and d. Meets at least one of the following criteria: L Is listed in appendix D of 40 CFR part 122 on Table II (organic priority pollutants), Table III (certain metals, cyanides, and phenols) or Table IV (certain toxic pollutants and hazardous substances); ii. Is listed as a hazardous substance pursuant to section 311(b)(2)(A) of the CWA at 40 CFR 116.4; or iii. Is a pollutant for which EPA has published acute or chronic water quality criteria. 25. Severe Pro eeM Damage Substantial physical damage to property, damage to the control facilities which causes them to become inoperable, or substantial and permanent loss of natural resources which can reasonably be expected to occur in the absence of a bypass. Severe property damage does not mean economic loss caused by delays in production. 26. Significant Materials Includes, but is not limited to: raw materials; fuels; materials such as solvents, detergents, and plastic pellets; finished materials such as metallic products; raw materials used in food processing or production; hazardous substances designated under section 10 1(14) of CERCLA; any chemical the facility is required to report pursuant to section 313 of Title III of SARA; fertilizers; pesticides; and waste products such as ashes, slag and sludge that have the potential to be released with stormwater discharges. 27. Significant Spills Includes, but is not limited to: releases of oil or hazardous substances in excess of reportable quantities under section 311 of the Clean Water Act (Ref: 40 CFR 110.3and 40 CFR 117.3) or section 102 of CERCLA (Ref: 40 CFR 302.4). 28. Stormwater Discharge Outfall (SDOl The point of departure of stormwater from a discernible, confined, or discrete conveyance, including but not limited to, storm sewer pipes, drainage ditches, channels, spillways, or channelized collection areas, from which stormwater flows directly or indirectly into waters of the State of North Carolina. 29. Stormwater Runoff The flow of water which results from precipitation and which occurs immediately following rainfall or as a result of snowmelt. 30. Stormwater Associated with Industrial Activity The discharge from any point source which is used for collecting and conveying stormwater and which is directly related to manufacturing, processing or raw material storage areas at an industrial site. Facilities considered to be engaged in "industrial activities" include those activities defined in 40 CFR 122.26(b)(14). The term does not include discharges from facilities or activities excluded from the NPDES program. 31. Stormwater Pollution Prevention Plan A comprehensive site-specific plan which details measures and practices to reduce stormwater pollution and is based on an evaluation of the pollution potential of the site. 32. Total Maximum Dail, Load oad (TMDL) TMDLs are written plans for attaining and maintaining water quality standards, in all seasons, for a specific water body and pollutant. A list of approved TMDLs for the state of North Carolina can be found at http_//portal.ncdenr.orglweb/wq [ps/mtu/tmdl. 33. Toxic Pollutant Any pollutant listed as toxic under Section 307(a)(1) of the Clean Water Act 34. Vehicle Maintenance Activity Vehicle rehabilitation, mechanical repairs, painting, fueling, lubrication, vehicle cleaning operations, or airport deicing operations. 35. Visible Sedimentation Solid particulate matter, both mineral and organic, that has been or is being transported by water, air, gravity, or ice from its site of origin which can be seen with the unaided eye. 36. 25 -year. 24 hour Storm Event The maximum 24-hour precipitation event expected to be equaled or exceeded, on the average, once in 25 years. NC DEQ Division of Water Resources Serial HNP -18-011 Enclosures DEP Corrective Action Plan (CAP) Submittal, HNP -17-071 (32 pages plus cover) ENERGY, Serial: HNP -17-071 Mr. Jay Zimmerman, Director NC DEQ Division of Water Resources 512 N. Salisbury Street Raleigh, NC 27604 Paul V. Fisk Plant Manager Harris Nuclear Plant 5413 Shearon Harris Rd New Hill, NC 27562-9300 Subject: Duke Energy Progress, LLC — Shearon Harris Nuclear Power Plant (HNP) NPDES Permit No. NCO039586 Part I (A)(9) — Schedule of Compliance (Outfall 006) Wake County Dear Mr. Zimmerman: On August 29, 2016, NC DEQ DWR issued NPDES Permit NCO039586 with an effective date of September 1, 2016. Contained within this permit were new effluent limit requirements for copper and zinc for Outfall 006 (Combined Outfall for Internal Outfalls 001-005) serving HNP. Part I (A)(9) of the permit requires Duke Energy Progress, LLC (Duke Energy), submit to the Division of Water Resources a Corrective Action Plan which summarizes the actions to be taken to achieve the total copper and total zinc limits at Outfall 006 and a schedule of actions to be taken to implement the plan. The purpose of this letter is to provide the Corrective Action Plan in accordance with requirements of NPDES Permit No. NC0039586. Duke Energy respectfully requests a meeting with appropriate staff ofthe Division of Water Resources to review and discuss our findings thus far and the enclosed Corrective Action Plan. If you have any questions regarding this matter or wish to discuss in further detail, please do not hesitate to contact Mr. Bob Wilson, HNP Site Environmental Professional, at (919) 362-2444. 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. Sincerely, Paul V. Fisk NC DEQ Division of Water Resources Serial HNP -17-071 Page 2 of 2 Enclosure — NPDES Permit No. NC0039586 Submittal of Corrective Action Plan cc: Mr. Danny Smith, NC DEQ DWR Raleigh Regional Office Ms. Teresa Rodriguez, NC DEQ DWR Complex Permitting Branch Mr. Bob Wilson, HNP Site Environmental Professional Mr. Don Safrit, P.E., Carolinas Permitting & Compliance NC DEQ Division of Water Resources Serial HNP -17-071 Enclosure Harris Nuclear Plant NPDES Permit No. NCO039586 Submittal of Corrective Action Plan (30 pages including cover) Final Technical Memorandum Corrective Action Plan for Copper and Zinc for Harris Nuclear Plant NPDES Permit •'''�N CAROB ••. Prepared for Duke Energy Progress, LLC Shearin Harris Nuclear Plant NPDES Permit No. NC0039S86 August 2017 chu"O CH2M HILL North Carolina, Inc. 3120 Highwoods Blvd. Suite 214 Raleigh, NC 27604 TECHNICAL MEMORANDUM SII zft Corrective Action Plan for Copper and Zinc for Harris Nuclear Plant NPDES Permit PREPARED FOR: Duke Energy COPYTO: Bob Wilson/ Shearon Harris Nuclear Plant (HNP) Don Safrit/Duke Energy PREPARED BY: CH2M HILL North Carolina, Inc. (CH21M) DATE: August 18, 2017 PROJECT NUMBER: 680115 REVISION NO.: Version 3 Executive Summary The 2016 National Pollutant Discharge Elimination System (NPDES) permit for the Shearon Harris Nuclear Plant (HNP) included effluent limits for copper and zinc for Outfall 006 and a compliance schedule requiring development of a Corrective Action Plan (CAP) by September 1, 2017 (Year 1 of the permit). Characterization of the Outfall 006 discharge indicates that using a hardness value higher than the default of 25 mg/L used to derive current permit limits is appropriate for evaluating the applicable water quality criteria for metals, with recent sampling data showing an average hardness of 43.6 milligrams per liter (mg/L). Characterization of zinc levels in the effluent indicates that the change in anticorrosion agents was successful in reducing zinc levels, and no further action is needed to demonstrate compliance with the zinc effluent limit. Characterization of copper levels indicates that copper compliance will continue to be problematic and that further efforts to either manage water chemistry or justify alternative effluent limits are necessary. HNP will continue to evaluate water chemistry management efforts that can be used to potentially reduce copper. Alternatives for further adjustment of effluent limits were evaluated, and HNP is recommending that water effect ratio (WER) testing be conducted to determine levels of copper that are actually toxic in Outfall 006 effluent. This WEIR testing, along with continued water chemistry management, are the primary activities proposed in the CAP for Year 2. Purpose The purpose of this Corrective Action Plan (CAP) is to present to the North Carolina Division of Water Resources (DWR) the actions that will be taken by Duke Energy's Shearon Harris Nuclear Plant (HNP) to achieve compliance with effluent limitations for copper and zinc for discharge through Outfall 006, as included in National Pollutant Discharge Elimination System (NPDES) Permit NC0039586, effective September 1, 2016. The requirement for this CAP is included in Part A. (9) of the NPDES Permit. Background HNP has an NPDES permit issued by the DWR within the North Carolina Department of Environmental Quality (DEQ) based on requirements in North Carolina General Statutes 143-215.1 and a memorandum of agreement with the U.S. Environmental Protection Agency (EPA) to assure permit requirements are consistent with federal requirements under the Clean Water Act (CWA). The NPDES Permit authorizes PROB02171202CLT CH21VI HILL NORTH CAROLINA, INC CORRECTIVE ACTION PLAN FOR COPPER AND ZINC FOR HARRIS NUCLEAR PLANT NPDES PERMIT discharges from seven outfalls with designations from 001 through 007.Outfalls 001 to 005 are internal outfalls, which then combine as Outfall 006, which then discharges into to the receiving water, Harris Reservoir. Outfall 007 is a discharge to Harris Reservoir from a wastewater facility serving the Harris Energy & Environmental Center. The DEQ Environmental Management Commission (EMC) adopted changes to water quality standards for metals that became effective in January 2015, and were approved by EPA Region 4 in April 2016. Changes included hardness -based equations to calculate applicable criteria for dissolved metals, and equations for acute and chronic toxic effects to aquatic life. The EMC -adopted rules also retained the Action Level concept for copper and zinc, which allowed higher levels of these metals as long as a discharge was meeting effluent toxicity requirements. EPA disapproved this part of the water quality standards although it is still in the NC administrative code. In reviewing the permit application for the HNP discharges, including data for 3 years prior to the application, DWR determined that there was a reasonable potential to exceed the adopted criteria for copper and zinc based on the monitored levels of metals in the combined discharge from Outfall 006. The equations used to calculate the applicable dissolved copper and zinc criteria are as follows: • Copper, Acute = WER*(0.960 • e^(0.9422[ln Hardness] -1.700)] • Copper, Chronic = WER*(0.960 • e^(0.8545[In Hardness] -1.702]] • Zinc, Acute = WER*[0.978 • e^(0.8473(In Hardness]+0.884]] • Zinc, Chronic = WER*(0.986 . e^(0.8473[In Hardness]+0.884]] Note: WER is the Water Effect Ratio, which is equal to 1 unless a different value is determined by testing. DWR used a hardness value of 25 milligrams per liter (mg/L) expressed as calcium carbonate (CaCO3) to calculate applicable effluent limits because, at the time, there was a lack of historical data on hardness available for Outfall 006 discharges. They also calculated the limits for total recoverable copper and total recoverable zinc using an assumption of 100 percent effluent (that is, no allowance for consideration of dilution in Harris Reservoir) and default EPA chemical translators for determining total recoverable metals concentrations based on dissolved criteria. Table 1 shows the effluent limitations page from the NPDES Permit for Outfall 006. The 2016 permit included a schedule of compliance for the effluent limits for copper and zinc, as specified in Part A. (9). The schedule includes the following milestones: 1. Within 1 year from the effective day of the permit, the permittee will submit to DWR a CAP summarizing the actions to be taken to achieve compliance with the total copper and total zinc limits at Outfali 006 and a schedule of activities to implement the plan. The CAP may include mixing zone studies and site-specific studies. Methods for conducting site-specific studies must be approved by DWR. 2. Within 2 years from the effective date of the permit, submit a report to DWR summarizing actions taken in accordance with the CAP. 3. Within 3 years from the effective date of the permit, submit a report to DWR summarizing actions taken in accordance with the CAP. 4. Within 4 years from the effective date of the permit, submit a report to DWR summarizing actions taken in accordance with the CAP. S. Achieve compliance with total copper and total zinc limits by September 30, 2021. CH2M HILL NORTH CAROLINA, INC PRO802171202CLT CORRECTIVE ACTION PLAN FOR COPPER AND ZINC FOR HARRIS NUCLEAR PLANT NPDES PERMIT Table 1. Effluent Limitations and Monitoring Requirements (Outfall 006) Beginning on the effective date of this permit and lasting until expiration, the Permittee is authorized to discharge treated wastewater from outfa11006, combined outfalls 001 through 005. Such discharges shall be limited and monitored by the Permittee as specified below: Effluent Limitations Effluent Characteristics Monthly Weekly Daily Average I Average I Maximum Monitoring Requirements Measurement Sample Type Sample Frequency I I Location' Flow (MGD) Weekly Estimatez Effluent Hydrazine 60.0 µg/I Weekly Grab Effluent Temperature (April 1— October 31) 4 ('C) Weekly Grab Effluent Temperature (November 1—March 31) ('CI Weekly Grab Effluent Acute Toxicity Quarterly Composite6 Effluent pH 6 to 9 S.U. Weekly Grab Effluent Total Copper? 7.9 µg/1 10.5 Vg/I Monthly Composite6 Effluent Total Zinc? 126 Vg/I 126 µg/I Monthly Composite6 Effluent NH3 as N (mg/1) Monthly Composite6 Effluent Total Suspended Solids (mg/I) Monthly Composite6 Effluent Total Nitrogen (mg/1) Monthly Composite6 Effluent Total Phosphorus (mg/1) Monthly Composite6 Effluent Notes: 1. Effluent after combination of all waste streams from outfalls 001 through 005 and prior to discharge Into Harris Reservoir. 2. The volume of wastewater discharged from the facility shall be monitored. If continuous flow monitoring is not feasible, flow may be estimated. 3. The hydrazine limit of 60 pg/L shall apply at all times except during the periods following wet lay-up of equipment during an extended outage when a hydrazine limit of 2.0 mg/L shall apply for a total period of no more than 48 hours. Alternately, the permittee may elect to meet these limits at outfall 004, in which case sampling for hydrazine at Outfall 006 is not required. 4. The discharge shall not result in the violation of the temperature or chlorine water quality standards outside of a mixing zone of 200 acres around the point of discharge. The facility is located in the Lower Piedmont area of the state; the applicable state water quality temperature standard is 32'C (89.6'F) and the total residual chlorine standard is 17 µg/l. The temperature within the mixing zone shall not: (1) prevent free passage of fish around or cause fish mortality within the mixing zone, (2) result in offensive conditions, (3) produce undesirable aquatic life or result in a dominance of nuisance species outside of the zone, or (4) endanger the public health or welfare. Temperature and total residual chlorine data collected according to the Monitoring Plan for Harris Reservoir should be summarized in the Annual Environmental Monitoring Report for Harris Reservoir. 5. Acute toxicity (Pimephales) P/F at 90%: February, May, August, and November, See Special Condition A (8). 6. A composite sample consisting of 24 or more grab samples of equal volumes taken at equal intervals over a 24 hour period. 7. The limits shall become effective September 30, 2021. See Special Condition A. (9) Schedule of Compliance for Hardness Dependent Metals. 8. By December 21, 2016, begin submitting Discharge Monitoring Reports electronically using NC DWR's eOMR application system. See Special Condition A (19). There shall be no discharge of floating solids or visible foam in other than trace amounts. PROB02171202CLT CH2M HILL NORTH CAROLINA, INC CORRECTIVE ACTION PLAN FOR COPPER AND ZINC FOR HARRIS NUCLEAR PLANT NPOES PERMIT The first-year requirements of this schedule allowed for the development of this CAP. The first step of this process was to further characterize the effluent to better define potential compliance issues. The following section summarizes effluent characterization studies conducted since the permit was issued and effective September 1, 2016. It is important to clarify that beginning about January 1, 2016, the HNP began using a different anticorrosion agent for its cooling water systems, and this agent does not include zinc. The effluent characterization reflects this operational change. Effluent Characterization Duke Energy created a plan to perform additional studies to justify alternative limits on copper and zinc as is consistent with the language in the NPDES Permit. A staged approach, summarized in Table 2, is being used to evaluate the options suitable to justify permit modifications. The hardness characterization and intensive sampling tasks have been completed; the results are summarized in this section. Table 2. Summary of Staged Year 1 Approach for Permit Modification Studies Task Duration Note (months) Hardness characterization 4 Hardness alone may justify higher limits Intensive sampling 3 Permit requires monthly sampling; weekly samples (hardness, zinc, copper) collected April to June 2017 Data evaluation 2 Determine if sampling alone justifies higher limits CAP development for additional studies 2 If necessary, to include in Year 1 report to DWR The objective of the first two tasks is to better characterize the effluent from Outfall 006 with respect to copper, zinc, and hardness. By collecting high-quality data for these parameters, less stringent permit limits may be justified. Hardness characterization is especially important because no monitoring data of the effluent hardness were available for development of the 2016 NPDES Permit limits; therefore, the minimum, default hardness (25 mg/L as CaCO3) was used for the Reasonable Potential Analysis (RPA) conducted by DWR to support the NPDES Permit renewal process. If effluent hardness is found to be greater than 25 mg/L, less stringent limits are justified. Initial Hardness Characterization The initial hardness characterization was conducted by HNP staff. Hardness was sampled daily at raw water and weekly at cooling tower makeup and circulation water locations. Circulation water, represented as Outfall 001 in the Permit, which discharges to Outfall 006, was found to have an average calcium hardness of 41.2 mg/L as CaCO3. Given the calcium hardness of Outfall 001, total hardness for this stream is expected to be in the range of 50 to 200 mg/L as CaCO3 (which assumes calcium hardness contributes 20 to 80 percent of total hardness). The contribution of Outfall 001 to the total flow from Outfall 006 ranges from 20 to 60 percent; thus, it is likely that effluent hardness from Outfall 006 exceeds the 25 mg/L as CaCO3 default used during the RPA for this NPDES Permit renewal. Therefore, it was determined that a more intensive sampling campaign that focused on hardness and the permitted hardness -dependent metals was warranted. Sampling Plan A sampling plan was developed and is detailed in this section to sufficiently characterize the conditions at HNP Outfall 006. The results of this characterization were used to guide the decisions and recommendations summarized in a later section of this CAP. CH2M HILL NORTH CAROLINA, INC PROB02171202CLT CORRECTIVE ACTION PLAN FOR COPPER AND ZINC FOR HARRIS NUCLEAR PLANT NPDES PERMIT Protocol Samples were collected by HNP staff with the composite sampler (Isco 3710FR) at Outfall 006 also used for NPDES monitoring. Although EPA Method 1669: Sampling Ambient Water for Trace Metals (EPA, 1996) suggests using a grab -sampling technique, there is no location at Outfall 006 that is conducive to collecting a true grab sample. Outfall 006 effluent samples were collected per Duke Energy's Procedure CRC -591: Operation of Isco Samplers (Attachment 1). To minimize contamination of the composite sampling equipment, disposable 2 -gallon sample bags (Isco ProPak) were used to line composite sample bottles. These bags are clean and made of EPA -approved low-density polyethylene (LDPE) plastic that won't contaminate or enrich samples. Samples were collected in bottles containing preservative (nitric acid [HN031) which were obtained from the lab performing the analyses. For quality assurance (QA) and quality control (QC) purposes, a schedule of blank (both field and equipment) and duplicate samples and was developed to provide reliability in results; these procedures were developed by modifying the recommendations from EPA Method 1669 (EPA, 1996) to fit the conditions of this study. Per the method, equipment blanks for the composite sampler were collected prior to sample collection, and at least one field blank per every 10 samples was collected. Equipment blanks were collected in the same manner as true samples by pumping distilled water through the composite sampler tubing into a clean sample collection bag, and then transferring to a sample bottle for analysis. Field blanks were collected immediately prior to sample collection using identical collection procedures and distilled water. To maintain precision of the field sampling and analytical procedures, at least one field duplicate sample was collected for every 10 samples that were collected at a given site. Duplicates were collected by splitting a sample of adequate volume into two sample bottles for separate analysis. Analyses Analyses of copper, zinc, and hardness were performed by certified labs (ENCO Laboratories in Cary, North Carolina [NC], and Duke Energy Central Laboratory in Huntersville, NC) using EPA Method 200.7. Determination of Metals and Trace Elements in Water and Wastes by Inductively Coupled Plasma Atomic Emission Spectrometry (EPA, 1994a) (Method 200.7). Hardness was determined by calculation using calcium and magnesium concentrations determined by Method 200.7. Schedule Sampling was conducted weekly from April to June, 2017 by HNP staff. Duplicate and blank samples were collected according to the schedule shown in Table 3. Samples were collected at Outfall 006 for each day listed in the schedule. The total number of samples collected was 13 true samples, 2 field blanks, 2 equipment blanks, and 5 duplicates. The count of QA/QC samples exceeded the requirement of 1 per 10 samples per location established by EPA Method 1669 (EPA, 1996). Upon completion of the weekly sampling plan at the end of June, a modified schedule was developed for ongoing sampling. Sampling frequency was reduced to every other week starting in July; three duplicate samples and two of each type of blank will be collected through the end of September. Table 3. Schedule of Duplicate and Blank Samples for QA/QC Outfall 006 Date Duplicate Field Blank Equipment Blank 4 -Apr -17 11 -Apr -17 V 18 -Apr -17 V 25 -Apr -17 V V PROB02171202CLT CH2M HILL NORTH CAROLINA, INC CORRECTIVE ACTION PLAN FOR COPPER AND ZINC FOR HARRIS NUCLEAR PLANT NPDES PERMIT Table 3. Schedule of Duplicate and Blank Samples for QA/QC Date Duplicate Outfall 006 Field Blank Equipment Blank 2 -May -17 9 -May -17 V 16 -May -17 23 -May -17 V 30 -May -17 6 -Jun -17 13 -Jun -17 V V 20 -Jun -17 V 27 -Jun -17 Sample Count 5 2 Sampling Results The average effluent hardness at Outfall 006 was 43.6 mg/L during the 3 months of weekly sampling, as shown on Figure 1. Results were consistently within the range of 35-50 mg/L, except for one value (58 mg/L) for one duplicate sample on June 13, 2017. The average hardness value was used to calculate potential adjusted limits for copper and zinc, as described previously and as shown on Figure 2 and Figure 3. 0 006 Effluent —006 Ave (43.6 mg/L) 70 60 sn 40 0 0C 30 = 20 10 0 4/I/�0I� Q/I6/?011 S/j ?0 S/js/ZOI> S/3I/-'07� 6/1SV-10I� 6/3011-101" '/IS111011 Figure 1. Results of Weekly Hardness Samples (April through June) Total zinc concentrations in the effluent from Outfall 006 are consistently less than the current limit of 126 micrograms per liter (µg/L), with average and maximum concentrations of 20.5 and 48.7 µg/L, respectively. Zinc was not detected exceeding the reporting limit for one sample on April 4, 2017; this value was represented as the reporting limit (10 µg/L) on Figure 2 and was used for calculating the average value. Using the average effluent hardness at Outfall 006, chronic and acute toxicity limits were calculated to be 201 and 203 µg/L, respectively. Given the low level of zinc in the effluent, no further action is needed to demonstrate compliance with the 2016 NPDES Permit for zinc, as written. 6 CH2M HILL NORTH CAROLINA, INC PROS02171202CLT CORRECTIVE ACTION PLAN FOR COPPER AND ZINC FOR HARRIS NUCLEAR PLANT NPDES PERMIT f 006 Effluent — — — Monthly Ave Daily Max ......••. Lim, Chr. (43.6 mg/L) ----- Lim, Ac. (43.6 mg/L) 250 200--------------Y-----Y-/YYYYYYYYYYYYYYYY YYY YYYYYYY Y............. J m 150 c 100 N 50 4/1/?DIS 4/I6/2pI, S/1/?012 5/16 ?o j S/31/2p1 j 6/IS/?01 j 6/.30/x01 j -/I5/I0 1 j Figure 2. Zinc Concentrations during 3 Months of Weekly Sampling Monthly average and daily maximum limit (126 pg/L) from current permit are shown, chronic and acute toxicity limits (201 and 203 pg/L, respectively) calculated using the average effluent hardness values are also shown Total copper was detected exceeding the reporting limit of 5 µg/L in all effluent samples collected during the intensive sampling period. The results range from 7.4 pg/L on April 18 to 38.1 µg/L on June 13, 2017; the duplicate sample collected June 13 had a concentration of 30.7 pg/L, resulting in a daily average concentration of 34.4 µg/L. Considering the current NPDES Permit limits, the effluent copper concentration exceeded the monthly average limit in 14 of 17 and the daily maximum limit in 11 of 17 samples and duplicates collected during the 3 months of weekly sampling. Chronic and acute toxicity limits of 12.7 and 17.7 µg/L, respectively, were calculated for copper using the average effluent hardness of 43.6 mg/L. Given these calculated limits, the effluent copper concentration exceeded the acute limit in 5 of 17 and the chronic limit in 9 of 17 samples duplicates collected during weekly sampling. Therefore, more studies are required for HNP to demonstrate compliance with the NPDES Permit for total copper. ■ 006 Effluent — — — Monthly Ave Daily Max ......••• Lim, Chr. (43.6 mg/L) ----- Lim, Ac. (43 6 mg/L) 45 40 35 30 ■ 25 ■ ■ 15 0- - -—----------------------------------------------- �.----- v10 — ----■.`.— ..........——— —— — — — — —— 0 4/1/?DI) 4/I6/?07> S/1/z� /Is/?DIS S/31/?DIS 6/IS/?011 6130 -,/IS '/IS/?017 Figure 3. Copper Concentrations during 3 Months of Weekly Sampling Monthly average and daily maximum limits (7.9 and 10.5 pg/L) from current permit are shown, chronic and acute toxicity limits (12.7 and 17.7 pg/L) calculated using the average effluent hardness values are also shown PROB02171202CLT CH2M HILL NORTH CAROLINA, INC CORRECTIVE ACTION PLAN FOR COPPER AND ZINC FOR HARRIS NUCLEAR PLANT NPDES PERMIT Quality Assurance and Control Results Duplicates, field blanks, and equipment blanks for the composite sampler at Outfall 006 were collected to confirm the reliability of the results collected during the intensive sampling period. Five duplicate samples for copper, zinc, and hardness were collected during this time period. Duplicate samples were compared based on the relative percent difference (RPD), calculated as follows and shown in Table 4: Relative percent difference (RPD) = n,—n, X100% (nl+n2)/2 Two field blanks were collected; no copper or zinc was detected in either sample. Hardness was detected at a low level (0.046 mg/L) in the field blank collected on June 20, 2017. Three equipment blanks were collected at the composite sampler; zinc Table 4. Relative Percent Difference Results for Duplicate Samples Parameter Average RPD RPD Range N N Copper 12 2-22 Zinc 23 0.8-40 was not detected in any of the samples. Copper was Hardness 6 2-22 detected in one equipment blank collected on May 9, 2017; however, the concentration detected (1.68 µg/L) was less than the reporting limit used for effluent sample analyses. Hardness was detected in all of the equipment blanks at levels of 0.390, 0.169, and 0.198 mg/L; this is likely the result of scale that has accumulated in the composite sampler tubing. Although detections in blanks and RPD between duplicates up to 40 percent are not ideal, none of the QA/QC sample results indicate that the results are unreliable. Given the low average RPD of the hardness data, and despite the high RPD, zinc concentrations are still well less than permit limits and at relatively low detections in blank samples, the conclusions drawn from these data are not in question. A tabular summary of all sampling data can be found in Attachment 2. Effluent Characterization Conclusions Results from the intensive sampling campaign show that effluent hardness from Outfall 006 is higher than the default 25 mg/L used in the reasonable potential analysis to determine the copper and zinc limits in the current permit. Therefore, modification to the limits is justified given this effluent hardness data. Regardless of whether compliance is based on the current 2016 permit or modified based on the higher hardness value, HNP is in compliance with total zinc limits under current operation. However, the Plant is not able to achieve compliance with copper limits in the current permit or if the limits are modified based on effluent hardness. Further investigation, therefore, is required to demonstrate compliance. Plan for Further Evaluation The results of the effluent characterization indicate that the HNP can achieve the effluent limits for zinc for Outfall 006 as included in the current NPDES Permit (Table 1). In addition, hardness data collected for Outfall 006 should increase these limits. However, the results indicate that further studies are required for the facility to consistently demonstrate compliance with the effluent limits for copper. The following sections describe potential and selected actions that will be taken as part of the CAP to meet the milestones identified in the NPDES Permit. Continued In -facility Water Chemistry Management Investigation One of the reasons that compliance with the zinc effluent limits is no longer an issue is because of the use of an alternative anticorrosion agent that does not include zinc. Use of this alternative agent began in January 2017, and zinc levels have been dramatically reduced since that time. CI -12M HILL NORTH CAROLINA, INC PROB02171202CLT CORRECTIVE ACTION PLAN FOR COPPER AND ZINC FOR HARRIS NUCLEAR PLANT NPDE5 PERM Copper was not an initial focus of the water chemistry management efforts. The recent effluent characterization efforts have established effluent hardness conditions and showed that copper levels periodically exceed the current limits, so potential limits were established based on the new hardness information. The copper levels still periodically exceed the potential limits. HNP does not believe copper is being added from any water treatment additives. Concentration of the intake water by cooling tower cycling has been identified as a contributor to elevated levels. Corrosion of plant components that contain copper is a potential issue. HNP will work with chemical suppliers to evaluate the potential sources of copper and determine whether copper levels can be reduced through further management of water chemistry. Options for Further Permit Limits Modifications Several regulatory options are available to potentially modify the water quality -based effluent limit in the NPDES Permit. These include using a mixing zone analysis to justify more dilution for permit calculations, using the biotic ligand model (BLM) (EPA, 2007) to justify alternative receiving water criteria for dissolved copper, and conducting necessary bioassay tests to support development of a water effect ratio (WER) for copper. Each of these is discussed in this section. Mixing Zone Analysis The current permit limitations were developed assuming no dilution for the discharge from Outfall 006. While Harris Reservoir has a significant volume to provide dilution, no specific mixing zone studies or modeling has been conducted. It is Duke Energy's experience that no dilution credit has been given for cooling water or combined discharges in other lake discharge situations in North and South Carolina. Justification for dilution in effluent limits development would likely require a dilution model and, potentially, a broader water quality modeling evaluation to consider the build-up of copper in the lake. Since this type of evaluation has not been undertaken previously in North Carolina, this approach is not recommended as an initial alternative to provide some regulatory relief. However, use of a mixing zone analysis, as outlined in Chapter 5 of EPA's Water Quality Standards Handbook (EPA, 1994b) may be pursued during Year 3 or 4 of the compliance schedule, if necessary. Biotic Ligand Model The BLM for copper was published in draft form by EPA in 2003 and finalized in 2007 (EPA, 2007). While the ambient criteria that is the basis for the North Carolina hardness -based equation for copper (15A North Carolina Administrative Code [NCAC] 2b .0211(11)(d)) was first published in 1984, the 2007 criteria document is also referenced in the rule. The BLM could support development of site-specific criteria applicable to Harris Reservoir. However, the HNP Outfall 006 effluent limits are calculated without consideration of dilution in Harris Reservoir. Therefore, it seems like the an effluent specific approach like the WER (discussed below) is more appropriate. Water Effect Ratio A WER is a procedure to account for the difference in toxicity of a metal in laboratory water versus the toxicity in water "at the site" (EPA, 1994c). The guidance specifically uses the term "site" because the water used to compare toxicity (to laboratory water) varies, depending on the discharge situation. There is an effect due to the same influences of pH, dissolved organic matter (DOM), and minerals that EPA has considered in the BLM, but they are measured through a series of toxicity tests. In the case of the HNP Outfall 006, the site water would be the effluent, since permit limits have been calculated based on the hardness -based equations without any consideration of dilution. The NC water quality standards rules reference development of a WER based on the Water Quality Standards Handbook: Second Edition (EPA, 1994b) and subsequent amendments. The Handbook PROB02171202CLT CH2M HILL NORTH CAROLINA, INC RRECTIVE ACTION PLAN F R • OPPER AND ZINC FOR HARRIS NUCLEAR PLANT NPOES PERMIT references an interim guidance document for determining WER values for metals (EPA, 1994c). EPA also developed a streamlined WER approach specifically for copper, which would seem to be suitable for relatively simple permitting situations (criteria applied with no consideration of dilution), as is the case for the HNP (EPA, 2001). Selection of Water Effect Ratio and Schedule for Implementation The HNP is proposing to conduct WER testing for copper at Outfall 006 as part of the Year 2 activities associated with this CAP. Duke Energy has familiarity with using WER to calculate limits for copper for discharges from facilities in South Carolina, where water quality -based limits are also calculated assuming little or no dilution of the combined discharge. HNP is recommending that WER testing is the next step in evaluating alternative permit limits for copper, and is proposing the activities described in the following paragraphs be undertaken. Protocol Development Following acceptance of this CAP by DWR, SNHP will submit a protocol for WER testing within 60 days. It is anticipated that the protocol will be based on the Interim Guidance (EPA, 1994c). Sampling and Testing Schedules The 3 -month characterization information for copper shows that copper levels appeared to increase from April through June, as water and air temperature (and cooling requirements) increased. For this reason, it is anticipated that a sampling event will be targeted for this transition period, with one or two more for the summer. However, copper is continuing to be monitored at an increased frequency (twice per month), and all data will be considered when recommending a sampling schedule as part of the WER protocol. Final Water Effect Ratio Report A final report will be prepared summarizing the entire process of developing a WER for Outfall 006, including all field and laboratory back-up materials. It is anticipated that this report will be submitted approximately 90 days after the final sampling event. Year 2 Activities Report As required by Part A. (9) of the NPDES Permit, all actions taken based on this CAP will be reported on by September 1, 2018. This report will summarize activities, conclusions, and any adjustments to the CAP based on the Year 2 activities. lu CH2M HILL NORTH CAROLINA, INC PROB02171202CLT CORRECTIVE ACTION PLAN FOR COPPER AND ZINC FOR HARRIS NUCLEAR PLANT NPDES PERMIT References HydroQual, Inc. 2007. Biotic Ligand Model — Windows Interface. Version 2.2.3. U.S. Environmental Protection Agency (EPA). 1985. Ambient Water Quality Criteria for Copper -1984. Washington, DC: Office of Water Regulations and Standards, Criteria and Standards Division. U.S. Environmental Protection Agency (EPA). 1994a. Method 200.7— Determination of Metals and Trace Elements in Water and Wastes by Inductively Coupled Plasma -Atomic Emission Spectrometry. Cincinnati, OH: Environmental Monitoring Systems Laboratory, Office of Research and Development. U.S. Environmental Protection Agency (EPA). 1994b Water Quality Standards Handbook: Second Edition. Washington, DC: Office of Water, Office of Science and Technology. Accessed July 2017. http://water.epa.pov/scitech/swguidance/standards/handbook. U.S. Environmental Protection Agency (EPA). 1994c. Interim Guidance on Determination and Use of Water -Effect Ratios for Metals. Washington, DC: Office of Water, Office of Science and Technology. U.S. Environmental Protection Agency (EPA). 1996. Method 1669 —Sampling Ambient Water for Trace Metals at EPA Water Quality Criteria Levels. Washington, DC: Office of Water, Engineering and Analysis Division. U.S. Environmental Protection Agency (EPA). 2001. Streamlined Water -Effect Ratio Procedure for Discharges of Copper. Washington, DC: Office of Water, Office of Science and Technology. U.S. Environmental Protection Agency (EPA). 2007. Ambient Water Quality Criteria for Copper— 2007 Revision. Washington, DC: Office of Water, Office of Science and Technology. U.S. Environmental Protection Agency (EPA). 2016a. Water Quality Standards Academy: Biotic Ligand Model and Copper Criteria. Washington, DC: Office of Science and Technology. U.S. Environmental Protection Agency (EPA). 2016b. Draft Technical Support Document: Recommended Estimates for Missing Water Quality Parameters for Application in EPA's Biotic Ligand Model. Washington, DC: Office of Water. PROB02171202CLT CH2M HILL NORTH CAROLINA, INC 11 Attachment 1 Procedure CRC 591: Operation of Isco Samplers tDUKE 5ENERGY HARRIS NUCLEAR PLANT PLANT OPERATING MANUAL VOLUME 5 PART 3 PROCEDURE TYPE: Chemistry and Radiochemistry NUMBER: CRC -591 TITLE: Operation of the ISCO Samplers I INFORMATION USE CRC -591 I Rev. 14 1 Page 1 of 13 Table of Contents Section Page 1.0 PURPOSE..................................................................................................................... 3 2.0 REFERENCES............................................................................................................. 3 3.0 DEFINITIONS AND ABBREVIATIONS....................................................................3 4.0 RESPONSIBILITIES....................................................................................................3 5.0 GENERAL.....................................................................................................................3 6.0 PREREQUISITES.........................................................................................................3 7.0 PRECAUTIONS AND LIMITATIONS........................................................................4 8.0 REAGENTS AND APPARATUS................................................................................4 9.0 ACCEPTANCE CRITERIA..........................................................................................4 10.0 PROCEDURE STEPS................................................................................................5 10.1 Composite Sample Collection from Cooling Tower Blowdown................5 10.2 Composite Sampler Setup for Combined Outfall........................................6 10.3 Composite Sample Collection from Combined Outfall...............................6 10.4 Grab Sample Collection from Combined Outfall.........................................8 10.5 Sample Collection from Sewage Treatment Plant.....................................8 10.6 Preventive Maintenance................................................................................. 8 10.7 Sampler Operability Check............................................................................9 11.0 DIAGRAMS /ATTACHMENTS /CALCULATIONS .......................................9 11.1 Diagrams......................................................................................................................9 11.2 Attachments..................................................................................................................9 11.3 Calculations...................................................................................................................9 Attachment 1- ISCO SAMPLER LOCATIONS....................................................................10 Attachment 2- ISCO OPERABILITY CHECK.....................................................................11 Attachment 3- ISCO MAINTENANCE LOG........................................................................12 RevisionSummary ...................................................................................................................13 CRC -591 Rev. 14 Page 2 of 13 1.0 PURPOSE This procedure provides guidance on the use and maintenance of ISCO composite liquid samplers located outside the Protected Area. Specific sample requirements, such as for the ODCM and NPDES, are not covered by this procedure, but rather in their respective procedures. 2.0 REFERENCES 1. ISCO Model 3710 Portable Samplers Installation and Operation Guide, Teledyne ISCO, Inc. 2. ISCO Model 3710FR/3730 Fiberglass Refrigerated Sampler Instruction Manual, Teledyne ISCO, Inc. 3. ISCO Model 4700 Refrigerated Sampler Installation and Operation Guide, Teledyne ISCO, Inc. 4. ISCO Model 5800 Refrigerated Sampler Installation and Operation Guide, Teledyne ISCO, Inc. 5. Off -Site Dose Calculation Manual (ODCM) 6. CRC -290, Radiological Sample Compositing System 7. EMP -001, NPDES Permit Monitoring 8. EMP -009, Operation of the AX -Max Sewage Treatment System 9. EMP -010, Sanitary Sewage Treatment Plant Operating Procedure 10. VM-UHH, ISCO Mfg. Co. Inc. Equipment 3.0 DEFINITIONS AND ABBREVIATIONS 3.1 Definitions N/A 3.2 Abbreviations a. NPDES — National Pollutant Discharge Elimination System b. ODCM — Off Site Dose Calculation Manual C. PPE— Personnel Protective Equipment 4.0 RESPONSIBILITIES N/A 5.0 GENERAL The ISCO samplers are automatic samplers used to obtain composite liquid samples from continuous liquid waste release streams. Attachment 1 lists the ISCO samplers in use. The ISCO samplers use a peristaltic pump to force incremental sample volumes (aliquots) into a sample container at pre-programmed frequencies and rates. Some models are refrigerated. 6.0 PREREQUISITES N/A CRC -591 Rev. 14 Page 3 of 13 7.0 PRECAUTIONS AND LIMITATIONS 1. The suction line from the sampler to the sample point is sloped downhill to minimize clogging and sample line freeze-up. 2. Sampler settings will provide adequate sample volume so that all required analyses can be performed without exceeding the sample container capacity and allow for margin of error in the volume of individual sample capture. 3. Cooling Tower composite samples are acidified and handled with the appropriate PPE. 4. The Combined Outfall toxicity sample must be maintained 0°C - 6°C during shipment. Any toxicity sample failing to meet temperature requirements upon receipt at the off-site laboratory is discarded and the effluent must be resampled. 5. The Combined Outfall toxicity sample must be used within 72 hours after collection. 6. Refrigerated temperature for NPDES and Toxicity samples are maintained between 1°C and 4°C during sampling. 8.0 REAGENTS AND APPARATUS 1. 1:1 Nitric Acid (HNO3) - Mix equal volumes of demineralized water and reagent grade nitric acid (65%), Cat ID 72856859 9.0 ACCEPTANCE CRITERIA 1. The ISCO Operability Check Acceptance Criteria is +/- 25%. CRC -591 Rev. 14 Page 4 of 13 10.0 PROCEDURE STEPS NOTE: Attachment 1 lists the samplers in use and provides some general information. This procedure assumes that the sampler is set up and operational. If initial set up information is needed, refer to the vendor manual. Information on sampler settings may be available near the sampler or included in the appropriate binder. 10.1 Composite Sample Collection from Cooling Tower Blowdown NOTE: Steps 1 and 2 may be performed in any order, but should be completed expeditiously at the Cooling Tower. 1. RECORD the Cooling Tower Blowdown integrator readings. 2. STOP the composite sampler to prevent automatic operation during the sample collection. 3. REMOVE the sample container, AND MIX thoroughly. NOTE: Typically, a one liter sample volume is collected for Cooling Tower Blowdown. 4. COLLECT enough volume of sample to perform desired analysis. 5. DISCARD the remainder of sample from the sample container. 6. VERIFY pH of sample is <2 with pH paper. [NOTE: Steps 7 and 8 may be performed in any order. ! 7. REPLACE the sampler container. NOTE: The amount of acid added in the next step will vary based on composite sampler settings and will be determined by experience. Typically, 50 mis of 1:1 nitric acid is added. 8. ADD 1:1 nitric acid such that sample pH will be <2 while collecting sample. 9. START the composite sampler. CRC -591 I Rev. 14 Page 5 of 13 10.2 Composite Sampler Setup for Combined Outfall NOTE: Typically, an approximately 400 ml aliquot is collected once per hour for a 24 -hr period. NOTE: For NPDES sampling, a plastic liner is used in the collection container. The plastic liner cannot be used for toxicity sampling otherwise the collection temperature will not be met. A separate container will be utilized for toxicity sampling. 1. TURN ON the composite sampler. 2. IF necessary to collect an aliquot each hour for a 24 -hr period, THEN PROGRAM the composite sampler. 3. FLUSH the composite sampler pump and tubing by manually collecting a sample aliquot. 4. DISCARD the collected aliquot from the sample container. 5. IF necessary to ensure sample is maintained 0°C - 4°C during sampling, THEN ADJUST composite sampler thermostat. 6. START the composite sampler. 10.3 Composite Sample Collection from Combined Outfall 1. VERIFY all 24 samples have been collected. 2. STOP the composite sampler. 3. RECORD ISCO refrigerator temperature on appropriate log. 4. REMOVE the sample container AND MIX thoroughly. 5. COLLECT enough volume of sample to perform analyses per EMP -001 AND CRC -001. 6. IF collecting a toxicity sample, THEN perform the following: a. RINSE sample container with sample three (3) times. b. FILL sample container completely with no airspace. c. MEASURE composite sample temperature. d. LABEL the toxicity sample. e. SEAL the toxicity sample. f. PLACE the toxicity sample in an insulated container. g. COVER the toxicity sample with ice to maintain sample temperature 0°C - 6°C during shipment. 7. DISCARD the remainder of sample from sample container. 8. RINSE AND REPLACE the sampler container. 9. TURNOFF the composite sampler. CRC -591 Rev. 14 Page 6 of 13 10.3 Composite Sample Collection from Combined Outfall (continued) NOTE: The Combined Outfall toxicity sample must be used within 72 hours after collection. The Combined Outfall toxicity sample should be shipped to the off- site lab on the same day as collected by overnight delivery. The off-site lab should be notified of the Combined Outfall toxicity sample gamma scan and tritium results. 10. IF shipping sample to off-site lab, THEN, a. COMPLETE all applicable forms. b. SHIP the sample. CRC -591 I Rev. 14 1 Page 7 of 13 10.4 Grab Sample Collection from Combined Outfall 1. OPERATE the composite sampler in manual mode. 2. COLLECT enough volume of sample to perform analyses per EMP -001 AND CRC -001. 10.5 Sample Collection from Sewage Treatment Plant 1. IF sampling STP 2 (Extended Aeration), THEN GO TO EMP -010, Section 10.3. 2. IF sampling STP 3 (AX -Max), THEN GO TO EMP -009, Section 10.3. 10.6 Preventive Maintenance NOTE: Refer to the vendor manual for additional maintenance details. 1. DOCUMENT maintenance performed on Attachment 3. Preventive Maintenance Task Recommended Frequency Battery check (CTBD only) Weekly Check and/or replace desiccant cartridge Monthly Check and/or replace pump tube Monthly Delivered Volume Check Monthly Operability Check Quarterly Check suction tubing and strainer assembly Quarterly Clean condenser coil area and clean/replace As needed refrigerator filter Defrost refrigerator As needed CRC -591 Rev. 14 Page 8 of 13 10.7 Sampler Operability Check A cursory and visual check of the sampler should be performed each time the sampler is used to ensure that the sampler is functioning normally. If any malfunction or discrepancy is suspected, verification of proper sampler operation should be done. An acceptable method of operability check is to correlate the total volume of sample collected with: the effluent flow, the expected total sample volume, the volume of each sample capture, and number of samples collected. If the actual total volume is within 25% of the expected volume, it is acceptable. If not, further investigation should be conducted to identify and correct the problem. The sampler operability check should be performed as necessary and at least quarterly for the samplers in use, and documented on Attachments 2 and 3. 11.0 DIAGRAMS/ATTACHMENTS/CALCULATIONS 11.1 Diagrams N/A 11.2 Attachments Attachment 1 - ISCO SAMPLER LOCATIONS Attachment 2 - ISCO OPERABILITY CHECK Attachment 3 - ISCO MAINTENANCE LOG 11.3 Calculations N/A CRC -591 Rev. 14 Page 9 of 13 Cn Z 0 Q O W J a d N V T) a N M 0 a t0 0 .0 m 'c 0 C.) o cr- 4- O O '� O > O m O •- O c 00 N r C O a 0 N w 0 0 O � 0 0 U a c m E L O C 'd U O M 0 � Cr M .Q c E U- C) O N .a E -qr '0oO 0 oq) g° CL a O c6 U U) � o C U F '0 CL O o E o EU ion - A M O N 0 a 5_ .+ L 00E a$ r+ 3 Y E Z- O U E(a4 ;a'Nvai� c0 �Oa 2DaL o0v� �cJ0E0oo C6 0 �' O O N ►_ O a i- O N A V N 0. �� L to N Q,0 o c,N c c 3 y in 'a 3:-o m•�CL co c J .. O ap, Z a0 aO p ps fC O a � "'o O 00 ` O 0 cn w- N � -p U� o m 0 vU-O v n s c0 v S 0 N c Mn 0 c0 0 0 rn V N F- to Q O a rL-+ to �-� � - a O � 'tn � � �U) Xaw x Q. Cd E's Co 0p Z gU4o X c) Q co .fl M Lo 0 (c') CD E m 0 F- CO CO C a _ 'O 0 Oa cn U 0 O 0 J U U o0U a�(n cLgN "t a Z Co M cn � Q).0 0 La I- m �t CO a ow o U W .. � (C 0 (U N 3 o� M a J en .l-- U- U 0 TO) C6� 0a .D c 0�L N O.N O �U) = E o— C 0 c°U. Oz N � O cn..-- E U ao �� � 4 o 0 .0 C O N a- Q� C� 0 c�0 O O fl) "� 0 C 10 •0 O Q > 0 y E ° � Ch C> p� O 0 7 O Y E_ U) Cl) �� m U m -W -0 M(L m� CL UO L E -01 MCD 0 2-02 3QJ° MW .2 c c '0 0 d a� as a Q, 'c Eg 0 ea N aNi p a N M 0 a t0 0 .0 m 'c 0 C.) o cr- 4- O O '� O > O m O •- O c 00 N r C O a 0 N w 0 0 O � 0 0 U a c m E L O C 'd U O M 0 � Cr M .Q c E U- C) O N .a E -qr '0oO 0 oq) g° CL a O c6 U U) � o C U F '0 CL O o E o EU ion - A ISCO OPERABILITY CHECK LOCATION: ATTACHMENT 2 Page 1 of 1 C ACTUAL.., 1x100% EXPECTED ,,., ) RESULTS: PASS/FAIL ACCEPTANCE CRITERIA +/- 25% INITIALS: NO. OF NO. OF VOLUME OF VOLUME OF DATE ALIQUOTS ALIQUOTS SAMPLE SAMPLE COLLECTED I EXPECTED COLLECTED EXPECTED ACTUALwi., J x 100% _ EXPECTEDua ) RESULTS: ASS/FAIL ACCEPTANCE CRITERIA +/- 25% INITIALS: NO. OF NO. OF VOLUME OF VOLUME OF DATE ALIQUOTS ALIQUOTS SAMPLE SAMPLE COLLECTED EXPECTED COLLECTED I EXPECTED ACTUAL wis1 x 100% = EXPECTEDws ) RESULTS: PASS/FAIL ACCEPTANCE CRITERIA +/- 25% INITIALS: CRC -591 Rev. 14 Page 11 of 13 NO. OF NO. OF VOLUME OF VOLUME OF DATE ALIQUOTS ALIQUOTS SAMPLE SAMPLE COLLECTED EXPECTED COLLECTED EXPECTED C ACTUAL.., 1x100% EXPECTED ,,., ) RESULTS: PASS/FAIL ACCEPTANCE CRITERIA +/- 25% INITIALS: NO. OF NO. OF VOLUME OF VOLUME OF DATE ALIQUOTS ALIQUOTS SAMPLE SAMPLE COLLECTED I EXPECTED COLLECTED EXPECTED ACTUALwi., J x 100% _ EXPECTEDua ) RESULTS: ASS/FAIL ACCEPTANCE CRITERIA +/- 25% INITIALS: NO. OF NO. OF VOLUME OF VOLUME OF DATE ALIQUOTS ALIQUOTS SAMPLE SAMPLE COLLECTED EXPECTED COLLECTED I EXPECTED ACTUAL wis1 x 100% = EXPECTEDws ) RESULTS: PASS/FAIL ACCEPTANCE CRITERIA +/- 25% INITIALS: CRC -591 Rev. 14 Page 11 of 13 � � W U Q 2 W � Z_ « E O U CO) Z F- Q U O -j z � g z Q U § z w � � O Q n 0 � � @ w CD 9 U 9 A e0 L2 oLL. LU ir � / w� k/wo Sdof z Q«w ƒ wq -i �LL w � z L) w w z w I O Q » Co L) ƒ�\ O o » -jwk w>Om O » m L) 0 L\_j \cnk 0 � 0:OOY q\0\ m g z � g z Q U § z w � � O Q n 0 � � @ w CD 9 U 9 A Revision Summary PRR 702848 Section Chan e All Updated footer to Rev 14. Added/updated the following references: 2. ISCO Model 3710FR/3730 Fiberglass Refrigerated Sampler Instruction 2.0 Manual, Teledyne ISCO, Inc. 4. ISCO Model 5800 Refrigerated Sampler Installation and Operation Guide, Teledyne ISCO, Inc. 8. EMP -009 Operation of the AX -Max Sewage Treatment System Revised first line in 7.0.4 to: The Combined Outfall toxicity sample must be maintained 0°C - 6°C during shipment. 7.0 Added 7.0.6: Refrigerated temperature for NPDES and Toxicity samples are maintained between 1 °C and 4°C during sampling. 10.2 Step 10.2.5: Revised temperature range to 0°C - 4°C. 10.3 Added new Step 10.3.3: RECORD ISCO refrigerator temperature on appropriate to . Revised/added the following steps: 10.5 1. IF sampling STP 2 (Extended Aeration), THEN GO TO EMP -010, Section 10.3. 2. IF sampling STP 3 (AX -Max), THEN GO TO EMP -009, Section 10.3. Attachment 1 Updated table to reflect current ISCO sampler models in service. CRC -591 I Rev. 14 1 Page 13 of 13 Attachment 2 Results of Intensive Sampling Campaign Location Date Time Constituent Value Unit Duplicate? Rel. % Diff. 006 - NPDES Effluent 4/4/2017 8:20 Copper - Total 8.91 ug/L 006 - NPDES Effluent 4/11/2017 9:50 Copper - Total 8.41 ug/L 006 - NPDES Effluent 4/11/2017 9:50 Copper - Total 7.61 ug/L Yes 10% 006 - NPDES Effluent 4/18/2017 9:05 Copper - Total 7.4 ug/L 006 - NPDES Effluent 4/18/2017 9:05 Copper - Total 7.54 ug/L Yes 2% 006 - NPDES Effluent 4/25/2017 8:30 Copper - Total 10.1 ug/L 006 - NPDES Effluent 4/25/2017 8:30 Copper - Total 10.7 ug/L Yes 6% 006 - NPDES Effluent 5/9/2017 9:25 Copper - Total 14.4 ug/L 006 - NPDES Effluent 5/16/2017 8:15 Copper - Total 14.6 ug/L 006 - NPDES Effluent 5/23/2017 8:48 Copper - Total 16.4 ug/L 006 - NPDES Effluent 5/23/2017 8:48 Copper - Total 13.6 ug/L Yes 19% 006 - NPDES Effluent 5/30/201711:11 Copper - Total 12.3 ug/L 006 - NPDES Effluent 6/6/201714:06 Copper -Total 22.9 ug/L 006 - NPDES Effluent 6/13/201714:42 Copper - Total 30.7 ug/L 006 - NPDES Effluent 6/13/201714:42 Copper - Total 38.1 ug/L Yes 22% 006 - NPDES Effluent 6/20/2017 11:30 Copper - Total 22 ug/L 006-NPDES Effluent 6/27/201710:39 Copper - Total 18.2 ug/L 006 - NPDES Effluent 7/5/2017 8:10 Copper - Total 14.4 ug/L 006 - NPDES Effluent 7/11/2017 0:00 Copper - Total 24 ug/L 006 - NPDES Effluent Blank 4/25/2017 8:30 Copper - Total < 1 ug/L 006 - NPDES Effluent Blank 5/9/2017 9:25 Copper - Total < 1 ug/L 006 - NPDES Effluent Blank 6/20/201711:30 Copper - Total < 5 ug/L 006 - NPDE5 Effluent Eq Blank 5/9/2017 9:25 Copper - Total 1.68 ug/L 006 - NPDES Effluent Eq Blank 6/13/201714:30 Copper - Total <5 ug/L 006 - NPDES Effluent Eq Blank 7/11/2017 0:00 Copper - Total < 1 ug/L 006 - NPDES Effluent 4/4/2017 8:20 Hardness 38 mg/L 006 - NPDES Effluent 4/11/2017 9:50 Hardness 41 mg/L 006 - NPDES Effluent 4/11/2017 9:50 Hardness 40 mg/L Yes 2% 006 - NPDES Effluent 4/18/2017 9:05 Hardness 46 mg/L 006 - NPDES Effluent 4/18/2017 9:05 Hardness 47 mg/L Yes 2% 006 - NPDES Effluent 4/25/2017 8:30 Hardness 41 mg/L 006 - NPDES Effluent 4/25/2017 8:30 Hardness 42 mg/L Yes 2% 006 - NPDES Effluent 5/9/2017 9:25 Hardness 41 mg/L 006 - NPDES Effluent 5/16/2017 8:15 Hardness 41 mg/L 006 - NPDES Effluent 5/23/2017 8:48 Hardness 40 mg/L 006 - NPDES Effluent 5/23/2017 8:48 Hardness 39 mg/L Yes 3% 006 - NPDES Effluent 5/30/201711:11 Hardness 45 mg/L 006 - NPDES Effluent 6/6/201714:06 Hardness 48.7 mg/L 006 - NPDES Effluent 6/13/201714:42 Hardness 46.2 mg/L 006 - NPDES Effluent 6/13/201714:42 Hardness 57.8 mg/L Yes 22% 006 - NPDES Effluent 6/20/201711:30 Hardness 44.7 mg/L 006 - NPDES Effluent 6/27/201710:39 Hardness 43.9 mg/L 006 - NPDES Effluent 7/5/2017 8:10 Hardness 40.9 mg/L 006 - NPDES Effluent 7/11/2017 0:00 Hardness 47.6 mg/L 006 - NPDES Effluent Blank 4/25/2017 8:30 Hardness <0 mg/L 006 - NPDES Effluent Blank 5/9/2017 9:25 Hardness < 0.14 mg/L 006 - NPDES Effluent Blank 6/20/201711:30 Hardness 0.046 mg/L 006 - NPDES Effluent Eq Blank 5/9/2017 9:25 Hardness 0.39 mg/L 006 - NPDES Effluent Eq Blank 6/13/201714:30 Hardness 0.169 mg/L 006 - NPDES Effluent Eq Blank 7/11/2017 0:00 Hardness 0.198 mg/L Location Date Time Constituent Value Unit Duplicate? Rel. % Diff. 006 - NPDES Effluent 4/4/2017 8:20 Zinc - Total < 10 ug/L 006 - NPDES Effluent 4/11/2017 9:50 Zinc - Total 24.3 ug/L 006 - NPDES Effluent 4/11/2017 9:50 Zinc - Total 21 ug/L Yes 15% 006 - NPDES Effluent 4/18/2017 9:05 Zinc - Total 12.9 ug/L 006 - NPDES Effluent 4/18/2017 9:05 Zinc - Total 12.8 ug/L Yes 0.8% 006 - NPDES Effluent 4/25/2017 8:30 Zinc - Total 16.8 ug/L 006 - NPDES Effluent 4/25/2017 8:30 Zinc - Total 21.1 ug/L Yes 23% 006 - NPDES Effluent 5/3/2017 9:44 Zinc - Total 19.2 µg/L 006 - NPDES Effluent 5/9/2017 9:25 Zinc - Total 25.2 ug/L 006 - NPDES Effluent 5/16/2017 8:15 Zinc - Total 22.2 ug/L 006 - NPDES Effluent 5/23/2017 8:48 Zinc - Total 26.2 ug/L 006 - NPDES Effluent 5/23/2017 8:48 Zinc - Total 17.5 ug/L Yes 40% 006 - NPDES Effluent 5/30/201711:11 Zinc - Total 11.9 ug/L 006 - NPDES Effluent 6/6/2017 14:06 Zinc - Total 16 ug/L 006 - NPDES Effluent 6/13/201714:42 Zinc - Total 32.6 ug/L 006 - NPDES Effluent 6/13/201714:42 Zinc - Total 48.7 ug/L Yes 40% 006 - NPDES Effluent 6/20/2017 11:30 Zinc - Total 22 ug/L 006 - NPDES Effluent 6/27/2017 10:39 Zinc - Total 13.9 ug/L 006 - NPDES Effluent 7/5/2017 8:10 Zinc -Total 9.54 ug/L 006 - NPDES Effluent 7/11/2017 0:00 Zinc - Total 26.9 ug/L 006 - NPDES Effluent Blank 4/25/2017 8:30 Zinc - Total < 10 ug/L 006 - NPDES Effluent Blank 5/9/2017 9:25 Zinc - Total < 10 ug/L 006 - NPDES Effluent Blank 6/20/201711:30 Zinc -Total < 5 ug/L 006 - NPDES Effluent Eq Blank 5/9/2017 9:25 Zinc - Total < 30 ug/L 006 - NPDES Effluent Eq Blank 6/13/201714:30 Zinc - Total < 5 ug/L 006 - NPDES Effluent Eq Blank 7/11/2017 0:00 Zinc - Total < 5 ug/L