HomeMy WebLinkAboutNC0020354_IUP Mod_19980623State of North Carolina
Department of Environment
and Natural Resources
Division of Water Quality
James B. Hunt, Jr., Governor
Wayne McDevitt, Secretary
A. Preston Howard, Jr., P.E., Director
June 23, 1998
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
Mr. Larry Isaacson
General Manager
Hydro Tube South
1755 Hillsboro St. (Hwy 15/501 North)
Pittsboro, NC 27312
NCDENR
NORTH CAROLINA DEPARTMENT OF
ENVIRONMENT AND NATURAL RESOURCE5
Subject: Industrial User Pretreatment Permit (IUP) Modification
Hydro Tube South
Industrial User Pretreatment Permit Number 0001
(SIU in the Town of Pittsboro, NC0020354)
Chatham County
Dear Mr. Isaacson:
Your Industrial User Pretreatment Permit (NP # 0001) modification is enclosed. This permit modification is
issued pursuant to the requirements of North Carolina General Statute 143-215.1 and the NC Model Sewer
Use Ordinance.
The IUP modification is made to resolve several outstanding issues:
1. The expiration date is extended to September 30, 1998, to allow time for finalization of the
Town of Pittsboro's Division Approved Pretreatment Program.
2. All IUP limits at Pipe 01 were removed as pollutant levels were at or near typical domestic
levels based on more recent data. The permittee must still monitor as outlined in the IUP and
must comply with all SUO requirements.
3. The flow and cyanide limits at Pipe 02 were lowered to resolve over allocation problems
stemming from the original IUP issuance.
4. The following sections were revised to clarify conditions:
Part I G, clarification of wastestreams discharged
Part 1, 1, generally to add definitions
Part I, I, 8, and III, 2 - reporting requirements
Part II, 1, -slug spill control plan submittal, implementation, and update requirements
Please read this permit carefully. The permittee will be expected to be familiar with and comply with all IUP
conditions. Please pay particular note to the revisions to the reporting requirements in Part I, I, 8, and
Part III, 2, b. The Division appreciates Hydro Tube's cooperation with resolving the phosphorus, zinc, and
nickel concerns.
P.O. Box 29535, Raleigh, North Carolina 27626-0535 Telephone 919-733-5083 Fax 919-715-6048
An Equal Opportunity Affirmative Action Employer 50% recycled/10% post -consumer paper
If any parts, measurement frequencies, or sampling and reporting requirements contained in this permit are
unacceptable to you, you have the right to an adjudicatory hearing upon written request within thirty (30) days
following receipt of this letter. Unless such demand is made, this decision shall be final and binding.
If you have any questions, please call Dana Rees Folley of the Pretreatment Unit at (919) 733-5083 (ext. 523),
or Tom S. Poe, Pretreatment Unit Supervisor (ext. 522).
Sincerely,
Tu A. Preston Howard, Jr., P.E.
drf:Hydro.005.iup.trans/enclosure: IUP modification
Cc: Central Files, vuath.enclosurep
DRF, Pretreatment Unit, with enclosure
Danny Smith, Raleigh Regional Office, with enclosure
Mr. John Poteat, Superintendent, Town of Pittsboro, with enclosure
I
NC Division of Water Quality
Control Authority
PERMIT
Industrial User Pretreatment Permit (IUP)
To Discharge Wastewater Under the
Industrial Pretreatment Program
0001
IUP Number
433.17
40 CFR Category
(if Applicable)
In compliance with the provisions of North Carolina General Statute 143-215.1, any
applicable federal categorical pretreatment regulations, all other lawful standards and
regulations promulgated and adopted by the North Carolina Environmental Management
Commission, and the Municipality Sewer Use Ordinance. The following Industry,
hereafter referred to by name or as the permittee:
Industry name, permittee:
Hydrotube South, Inc.
Facility Located at Street Address
1755 Hillsborough Street
City
Pittsboro
State, Zip
NC, 27312
is hereby authorized to discharge wastewater from the facility located at the above listed
address into the sanitary sewer collection system and the wastewater treatment facility of
the Municipality listed below:
IUP Control Authority and/or Municipality WWTP name.
Town of Pittsboro WWTP
NPDES Number
NCO020354
W WTP Address-
P.O. Box 759
City, State, Zip
Pittsboro, NC 27312
in accordance;with effluent limitations, monitoring requirements, and all other conditions
set forth in Parts` I. II Land III of this Industrial User Pretreatment Permit (IUP).
Effective date, this permit and the authorization to discharge shall become
effective at midnight on this date%
6/26/98
Expiration date, this permit and the authorization to discharge shall expire at
midnight on this date-.
9/30/98
6/2,-1) 1 b
Date signed
A. Preston Howard, Jr., P.E.
Director, NC-DWQ
Page 1 of 15
IUP, Part I, Section A:
Effluent Limits and Monitoring Requirements:
The permittee may discharge from this specific pipe
number according to these specific dates, effluent
limits, and monitoring requirements:
COI
PAF
1.
2.
3.
4.
5.
Receiving POTW name =>
Pittsboro
IU name => Hydrotube
Receiving POTW NPDES # _>
NC0020354
IUP # _> 0001
Effective date for these Limits =>
6/26/98
Pipe # _> 001
Expiration date for these Limits =>
9/30/98
40 CFR # _> 433.17
Flow
0.010
if not applicable put N/A
THE LIMITS ON THIS PAGE ARE, (Check one below):
LIMITS for ENTIRE permit period =>
YES
INTERIM Limits for period # 1 =>
NO
*mo
INTERIM Limits for period # 2 =>
NO
FINAL Limits Page =>
YES
lbs/da
G 2.0
iVENTIONAL
AMETERS
Concentration Limits
Mass -Based Limits
Monitoring Frequency
Sample Minimum
. Collection Required
Method Detection
(C or G) Limit (m /1)
Daily
Max
Monthly
Avg.
Units
Daily Monthly
Max Avg
Units
by Industry
by POTW
Flow
0.010
lbs/da 1/6 months
MGD
MGD
every sample**
Water Meter**
BOD
*mo
lbs/da
mg/1
lbs/da
1/6 months
lbs/da
G 2.0
TSS
*mo
m /1
m /I
lbs/da
1/6 months
mg/1
G 2.0
temperature
Deg. C
lbs/da
Deg. C
mg/1
H
6.0-9.0
Std. Units
mg/1
Std. Units
1 1/6 months
11
G
OTHER PARAMETERS, Please list al habetically
6.
7.
8.
9.
10.
11.
12.
13.
14.
15.
16.
17.
18.
19.
20.
NH3
*mo mg/1
lbs/da 1/6 months
G 0.1
Oil & Grease
*mo mg/1
lbs/da 1/6 months
G 1.0
Phosphorous
*mo mg/1
lbs/da 1/6 months
G 0.5
Trichloroethylene
*mo mg/1
lbs/da 1/6 months
G 0.01
m /l
lbs/da
mg/1
lbs/da
mg/1
lbs/da
m /1
lbs/da
mg/1
lbs/da
mg/1
lbs/da
mg/1
lbs/da
mg/1
lbs/da
mg/1
lbs/day
m /l
lbs/day
mg/1
lbs/da
(Nee next section, wF, YAttl i, JecUon 1.)
*monitoring only for Definitions and Limit Page(s) notes:
** See Part II, 2.
������D
� .� � \998
��N `F,�ES
GEN�RP
IUP, Part I, Section A:
Effluent Limits and Monitoring Requirements:
The permittee may discharge from this specific pipe
number according to these specific dates, effluent
limits, and monitoring requirements.
CO?
PAF
1.
2.
3.
4.
5.
Receiving POTW name =>
Pittsboro
Receiving POTW NPDES # =>
NCO020354
Effective date for these Limits =>
6/26/98
Expiration date for these Limits =>
9/30/98
THE LIMITS ON THIS PAGE ARE, (Check one below):
LIMITS for ENTIRE permit period => YES
INTERIM Limits for period # 1 => NO
INTERIM Limits for period # 2 => NO
FINAL Limits Page => YES
IU name => Hydrotube
IUP # => 0001
Pipe # => 002
40 CFR # => 433.17
if not applicable put N/A
WENTIONAL
AMETERS
Concentration Limits
Mass -Based Limits
Monitoring
Frequency
Sample Required
Collection Minimum
Method Detection
(C or G) Limit (mg/1)
Daily
Max
Monthly
Avg.
Units
Daily
Max
Monthly
Avg
Units
by Industry
by POTW
Flow
.003**
G
MGD
Copper
3.38
MGD
daily**
everyample
Estimated**
1/6 Months
G
0.002
mg/1
0.69
I
lbs/da
lbs/da
1/6 months
1/6 Months
G
0.01
Nickel
mg/1
2.38
mg/1
lbs/da
1/6 months
1/6 Months
G
temperature
Silver
0.43
Deg. C
m /l
lbs/da
Deg. C
1/6 Months
G
0.005
H 11
2.61
1.48
Std. Units
lbs/da
1/6 months
Std. Unitsil
G
0.01
Cyanide
OTHER PARAMETERS, Please list al habeticall
6.
7.
8.
9.
10.
11.
12.
13.
14.
15.
16.
17.
18.
19.
20.
Cadmium
0.111
0.070
m /l
lbs/day
1/6 months
1/6 Months
G
0.002
Chromium
2.77
1.71
m /l
lbs/da
1/6 months
1/6 Months
G
0.005
Copper
3.38
2.07
m /l
lbs/da
1/6 months
1/6 Months
G
0.002
Lead
0.69
0.43
m /l
lbs/da
1/6 months
1/6 Months
G
0.01
Nickel
3.98
2.38
mg/1
lbs/da
1/6 months
1/6 Months
G
0.01
Silver
0.43
0.24
m /l
lbs/da
1/6 months
1/6 Months
G
0.005
Zinc
2.61
1.48
m /l
lbs/da
1/6 months
1/6 Months
G
0.01
Cyanide
0.20
0.15
m /l
lbs/da
1/6 months
1/6 Months
G
0.01
TTO
2.13*
mg/1 I
lbs/da
1/6 months
1/6 Months
G
mg/1
lbs/day
I
mg/1
lbs/da
mg/1
lbs/da
mg/1
lbs/da
mg/1
lbs/da
m n
lbs/da
*See Part II, 4., 5., and 6. (Nee next section, Wr, YAK 1 1, Jectlon 1.)
** See Part H, 2. for Definitions and Limit Page(s) notes:
C.
Part I, Specific Conditions
Industrial User Pretreatment Permit (IUP)
IUP, PART I, OUTLINE:
A.) Effluent Limits & Monitoring Requirements
B.) Rationale for Limits
C.) Permit Modification History
D.) Authorization to Discharge
- E.) Authorization to Construct
F.) Description of Treatment Units
G.) Description of IUP Discharge(s)
H.) Schematic and Monitoring Location
I.) Definitions and Notes
RATIONALE FOR LIMITATIONS:
ALL Parameter Limits are calculated to protect the
POTW from pass through and inhibition and to allow the
beneficial use of biosolids generated by the WWTP.
These limits do not result in over allocation of the
POTW's treatment capacity.
Limits are achievable with standard technology.
Permit Modification History:
Date Originally Issued
Reason for & Description of modifications.
8/1/97
Permit Originally Issued w/ 40 CFR 433.17 limits
Dates Modified
Permit modified: Sampling requirements changed from
10/15/97
composite to grab sampling for all pollutants due to volume of
discharge and wastewater holding tank; Established interim
and final limits requirements (final limits take effect Dec. 1,
1997 to reduce monitoring frequency for SIU)
Dates Modified
Permit modified: Extended expiration date. d limits
6/26/98`
at Pipe 01 (permittee must still comply with SUO
requirements). Lowered flow and cyanide limits for Pipe 02.
Revised the following sections to clarify conditions:
Part I G, clarification of wastestreams discharged
Part I, I, generally to add definitions
Part I, I, 8, and III, 2 - reporting requirements
Part H, 1, -slug spill control plan submittal, implementation,
and update requirements
Part II, 2. - flow requirements.
Page 4 of 15
REGE'vE°
�uN �z 5 1998
CENTAL F�LEc
Part I, Specific Conditions
Industrial User Pretreatment Permit (IUP)
D.) Authorization to Discharge:
The Permittee is hereby authorized to discharge wastewater in accordance with the
effluent limitations, monitoring requirements, and all other conditions set forth in
this Industrial User Pretreatment Permit (IUP) into the sewer collection system and
wastewater treatment facility of the Municipality.
E.) Authorization to Construct:
The Permittee is hereby authorized to, if required by the Control Authority and after
receiving Authorization to Construct (A to C) from the Control Authority, construct
and operate additional pretreatment units as needed to meet final effluent
limitations.
F.) Description of Treatment Units:
The Permittee is hereby authorized to continue operation of and discharge
wastewater from the following treatment or pretreatment facilities. These facilities
must correspond to the treatment units listed below.
IU Treatment Units
List all Treatment Units: Descriptions:
septic tank at pipe 001
G.) Description of IUP Discharge(s):
1. Describe the discharge(s) from all regulated pipes.
Pipe # 001 Description of Discharcp
ge
Total wastestream from facility
Includes all Domestic Wastes, hydrostatic testing wastewater, and all
Process Wastes from Pipe 02
No discharge from low pressure air testing tank or degreaser system
Pipe # 002 Description of Discharge
Process wastestream from cleaner and zinc phosphate rinse tanks ONLY
No other Process wastes
No Domestic Wastes
No cooling tower water or boiler blowdown
Page 5 of 15
RECENEID
0'a 5 lgga
cENTw- Flues
PART II
General Conditions
Industrial User Pretreatment Permit (IUP)
10. Right of Entry
-The permittee shall allow the staff of the State of North Carolina Department of Environment.
Health, and Natural Resources. Division of Environmental Management. the Regional
Administrator of the Environmental Protection Agency, the Control Authority, and/or their
authorized representatives, upon the presentation of credentials:
1. To enter upon the permittee's premises where a real or potential discharge is located or
in which records are required to be kept under the terms and conditions of this permit:
and
2. At reasonable times to have access to and copy records required to be kept under the
terms and conditions of this permit; to inspect any monitoring equipment or
monitoring method required in this permit: and to sample any discharge of pollutants.
11. Availability of Records and Reports
The permittee shall retain records of all monitoring information, including all calibration and
maintenance records as well as copies of reports and information used to complete the application
for this permit for at least three years. All records that pertain to matters that are subject to an}
type of enforcement action shall be retained and preserved by the permittee until all enforcement
activities have concluded and all periods of limitation with respect to any and all appeals have
expired.
Except for data determined to be confidential under the Sewer Use Ordinance, all reports prepared in
accordance with terms of this permit shall be available for public inspection at the Control
Authority. As required by the Sewer Use Ordinance, effluent data shall not be considered
confidential.
12. Duty to Provide Information
The permittee shall furnish to the Director of Public Works or his/her designees, within a
reasonable time, any information which the Director, his/her designee, or the Division of
Environmental Management 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, upon request, copies of records required to be kept by this permit.
13. Signatory Requirements
All reports or information submitted pursuant to the requirements of this permit must be signed
and certified by a ranking official or duly authorized agent of the permittee.
14. Toxic Pollutants
If a toxic, effluent standard or prohibition (including any schedule of compliance specified in such
effluent standard or prohibition) is established under Section 307(a) of the Federal Clean -Water Act
,for atoxic pollutant which is present in the discharge and such standard or prohibition is more
stringent than any limitation for such pollutant in this permit, this permit may be revised or
modified in accordance with the toxic effluent standard or prohibition and the permittee so notified.
15. Civil and Criminal Liability
Nothing in this permit shall be construed to relieve the permittee from civil or criminal penalties
for noncompliance.
IUP # => I F05
Page: 10
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SUN ,L 5 199
CE�T�L F��ES
Part I, Specific Conditions
Industrial User Pretreatment Permit (IUP)
H.) Schematic and Monitoring Locations:
The facility schematic and description of monitoring location(s) given below must
show enough detail such that someone unfamiliar with the facility could readily find
and identify the monitoring location(s) and connection to the sewer. Include and
identify all regulated pipes.
Page 6 of 15
Part I, Specific Conditions
Industrial User Pretreatment Permit (IUP)
I.) Definitions and Limit Page(s) notes:
In addition to the definitions in the NC Model Sewer Use Ordinance the
following definitions apply:
1. Composite Sample:
Unless defined differently below, a composite sample for the monitoring
requirements of this IUP, is defined as the automatic or manual collection
of one grab sample of constant volume, not less than 100 ml, collected
every hour during the entire discharge period on the sampling day.
Sampling day shall be a typical production, and discharge day.
2. Grab Sample
Grab sample for the monitoring requirements of this IUP, is defined as a
single "dip and take" sample collected at a representative point in the
discharge stream.
3. Daily Monitoring Frequency
Daily Monitoring Frequency as specified in this IUP shall mean each
working day.
4. "Every Sample" Monitoring Frequency
"Every Sample" Monitoring Frequency as specified in this IUP shall mean
each day in which a sample of wastewater is collected for analysis.
5. "1/6 Month" Monitoring Frequency
A Monitoring Frequency of 1/6 months as specified in this IUP shall mean
one sample collected every six month period, herein defined as January
through June and July through December.
6. Control Authority
Division of Water Quality
7. Municipality
Town of Pittsboro
Page 7 of 15
RECE�vE�
CENTAL F��ES
Part I, Specific Conditions
Industrial User Pretreatment Permit (IUP)
8. Monitoring and Reporting
All Analysis shall be according to Part II, 3, and Part III, 3. All data shall
be reported to the Control Authority and the Municipality as specified
below and as in Part III, 2 of this permit.
If the sampling performed by the permittee indicates a violation, the
permittee shall follow these requirements:
- All violations shall be reported by phone message and fax within 24
hours of becoming aware of the sample results.
- All violations shall be reported by mail, postmarked by the 2nd day the
US post office is open after becoming aware of the sample results.
- All violations shall be resampled within one week after becoming aware
of the sample results, and shall be reanalyzed and the results received by
the Control Authority within 30 days after becoming aware of the sample
results.
- All sampling (even if done more frequently than required) shall be
summarized on forms approved by the Division and sent to the following
address(es):
Town of Pittsboro
Plant Superintendant
PO Box 759
Pittsboro, NC 27312
(919) 542-2444
(919) 542-7109 fax
NC DWQ-Pretreatment Group
PO Box 29535
Raleigh, NC 27626-0535
(919) 733-5083
(919) 715-6048 fax
NC DWQ-RRO
PO Box 27687
Raleigh, NC 27609
(919) 571-4700
(919) 571-4718 fax
9. Notice to Permittees
Permittee is subject to the thirty (30) general conditions attached, found in
Part III of this permit.
Page 8 of 15
Part II, Special Conditions
Industrial User Pretreatment Permit (IUP)
1. Slug/Spill Control Plan
The permittee shall provide protection from accidental and slug discharges of
prohibited materials and other substances regulated by this permit. The permittee
shall implement its written slug/spill control plan approved by the Control
Authority. The permittee shall update and/or revise the Plan as needed to address
changes in operation and shall submit the revised Plan to the Control Authority
for approval. The plan shall include, but is not limited to:
¥ description of discharge practices, including non -routine batch discharges
¥ description of stored chemicals
¥ procedures for immediately notifying the POTW of slug discharges that
would cause a violation of 40 CFR 403.5(b), with procedures for follow
up notification within 5 days;
¥ and if necessary, procedures to prevent adverse impact from accidental
spills, including inspection and maintenance of storage areas, handling and
transfer of materials, loading and unloading operations, control of plant
site run-off, worker training, building of containment structures or
equipment, measures for containing toxic organic pollutants (including
solvents), and/or measures and equipment for emergency response.
2. Flow Measurement Requirements
a.) Flow Measurement Methods
For Pipe 01, until such time as discharge flow measurement devices are
required by the Control Authority, the permittee shall record the water
meter reading providing water to the facility each workday in which a
sample was collected, and convert this to an estimate of the daily
discharge flow for the pipe. The daily discharge flow shall be reported
with all sample results. See Part I, I, 8, and III, 2. of the IUP.
For Pipe 02, the permittee shall record the rinse tank flow rate, and the
beginning and end of discharge time, and convert this to the daily
discharge flow for the pipe. This shall be done daily. The daily discharge
flow shall be reported monthly on forms approved by the Municipality,
and also with all sample results. See Part I, I, 8, and III, 2. of the IUP.
The, Control 'Authority reserves the right to require more frequent
measures of the rinse tank flow rate.
3. Certified Laboratory Analysis
Pollutant analysis shall be performed by a North Carolina Division of Water
Quality Certified Laboratory that is certified in the analysis of the pollutant in
wastewater.
Page 9 of 15
Part II, Special Conditions
Industrial User Pretreatment Permit (IUP)
4. Total Toxic Organics (TTO) Definition
"TTO", or Total Toxic Organics, is the sum of the concentrations of the toxic
org4nic compounds listed in 40 CFR 433.11 that are found in the permittee's
process discharge at a concentration greater than 0.01 mg/l.
5. Total Toxic Organics (TTO) Certification
In lieu of monitoring for TTO, the permittee may, upon submitting to the Control
Authority a toxic organic management plan, make the following certification
every six months. The certification shall be postmarked no later than June 30 and
December 31.
"Based upon my inquiry of the person or persons directly responsible for
managing compliance with the permit limitation for total toxic organics
(TTO), I certify that, to the best of my knowledge, no dumping of
concentrated toxic organics into the wastewaters has occurred since filing of
the last monitoring report. I further certify that this facility is implementing
the toxic organic management plan submitted to the Control Authority."
6. Toxic Organic Management Plan
The permittee shall develop and submit to the Control Authority a toxic organic
management plan no later than November 1, 1997.
Page 10 of 15 .
V ESGSNED
SUN 2 5 199%
GENT` FIt-ES
PART III, General Conditions
Industrial User Pretreatment Permit (IUP)
Outline of PART III,
1. Representative Sampling
2. Reporting
3. Test Procedures
4. Additional Monitoring by Permittee
5. Duty to comply
6. Duty to Mitigate
7. Facilities Operation, Bypass
8. Removed substances
9. Upset Conditions
10. Right of Entry
11. Availability of Records
12. Duty to provide information
13. Signatory Requirements
14. Toxic Pollutants
15. Civil and Criminal Liability
1. Representative Sampling
16. Federal and/or State Laws
17. Penalties
18. Need to Halt or Reduce
19. Transferability
20. Property Rights
21. Severability
22. Modification, Revocation, Termination
23. Reapplication
24. Dilution Prohibition
25. Reports of Changed Conditions
26. Construction of pretreatment facilities
27. Reopener
28. Categorical Reopener
29. General Prohibitive Standards
30. Reports of Potential Problems
Samples and measurements taken as required herein shall be representative of the volume and
nature of the monitored discharge. 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 approval by, the permit issuing authority.
2. Reporting
a.) Monitoring results obtained by the permittee shall be reported on forms specified by the
Municipality and Division of Water Quality, postmarked no later than the twentieth day
of the month following the month in which the samples were taken. If no discharge
occurs during a reporting period (herein defined as each calendar month) in which a
sampling event was to have occurred, a form with the phrase "no discharge" shall be
submitted. Copies of these and all other reports required herein shall be submitted to the
Control Authority and Municipality to the addresses outlined in Part I, 8.
b.) If the sampling performed by the permittee indicates a violation, the permittee shall
follow the requirements found in Part I, 8.
3. Test Procedures
Test procedures for the- analysis of pollutants shall be performed in accordance with the
techniques prescrib6d in 40 CFR part 136 and amendments thereto unless specified otherwise in
the monitoring conditions of this permit.
Page 11 of 15
PART III, General Conditions
Industrial User Pretreatment Permit (IUP)
4. Additional Monitoring by Permittee
If the permittee monitors any pollutant at the location(s) designated herein more frequently than
required by this permit, using approved analytical methods as specified above, the results of such
monitoring shall be submitted to the Control Authority and Municipality. The Control Authority
and/or Municipality may require more frequent monitoring or the monitoring of other pollutants
not required in this permit by written notification.
5. Duty to Comply
The permittee must comply with all conditions of this permit. Any permit noncompliance
constitutes a violation of the North Carolina General Statute or implementing regulation and the
Municipality Sewer Use Ordinance and is grounds for possible enforcement action.
6. Duty to Mitigate - Prevention of Adverse Impact
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, the POTW, the
waters receiving the POTW's discharge, or the environment.
7. Facilities Operation, Bypass
The permittee shall at all times maintain in good working order and operate as efficiently as
possible, all control facilities or systems installed or used by the permittee to achieve compliance
with the terms and conditions of this permit. Bypass of treatment facilities is prohibited except
when approved in advance by the Control Authority and/or Municipality. Bypass approval shall
be given only when such bypass is in compliance with 40 CFR 403.17.
8. Removed Substances
Solids, sludges, filter backwash, or other pollutants removed in the course of treatment or control
of wastewaters shall be disposed of in a manner such as to prevent any pollutants from such
materials from entering the sewer system. The permittee is responsible for assuring its
compliance with any requirements regarding the generation, treatment, storage, and/or disposal of
"Hazardous waste" as defined under the Federal Resource Conservation and Recovery Act.
9. Upset Conditions
An "upset" means an exceptional incident in which there is an unintentional and temporary
noncompliance with the effluent limitations of this permit because of factors beyond the
reasonable control of the permittee. An upset does not include noncompliance to the extent
caused by operational error, improperly designed or inadequate treatment facilities, lack of
preventative maintenance, or careless or improper operations.
An upset may constitute an affirmative defense for action brought for the noncompliance. The
permittee has"the burden of proof to provide evidence and demonstrate that none of the factors
specifically listed above were responsible for the noncompliance.
Page 12 of 15
PART III, General Conditions
Industrial User Pretreatment Permit (IUP)
10. Right of Entry
The permittee shall allow the staff of the State of North Carolina Department of Environment and
Natural Resources, Division of Water Quality, the Regional Administrator of the Environmental
Protection Agency, the Municipality, and/or their authorized representatives, upon the
presentation of credentials:
To enter upon the permittee's premises where a real or potential discharge is located or
in which records are required to be kept under the terms and conditions of this permit;
and
2. At reasonable times to have access to and copy records required to be kept under the
terms and conditions of this permit; to inspect any monitoring equipment or
monitoring method required in this permit; and to sample any discharge of pollutants.
11. Availability of Records and Reports
The permittee shall retain records of all monitoring information, including all calibration and
maintenance records as well as copies of reports and information used to complete the application
for this permit for at least three years. All records that pertain to matters that are subject to any
type of enforcement action shall be retained and preserved by the permittee until all enforcement
activities have concluded and all periods of limitation with respect to any and all appeals have
expired.
Except for data determined to be confidential under the Sewer Use Ordinance, all reports prepared
in accordance with terms of this permit shall be available for public inspection at the Control
Authority and/or Municipality. As required by the Sewer Use Ordinance, effluent data shall not
be considered confidential.
12. Duty to Provide Information
The permittee shall furnish to the Municipality Plant Superintendent or his/her designees, within a
reasonable time, any information which the Superintendent, his/her designee, or the Division of
Water Quality 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, upon request, copies of records required to be kept by this permit.
13. Signatory Requirements
All reports or information submitted pursuant to the requirements of this permit must be signed
and certified by a ranking official or duly authorized agent of the permittee.
14. Toxic Pollutants
If a toxic effluent standard or prohibition (including any schedule of compliance specified in such
effluent standard or prohibition) is established under Section 307(a) of the Federal Clean Water
Act for a toxic -pollutant which is present in the discharge and such standard or prohibition is more
stringent than any limitation for such pollutant in this permit, this permit may be revised or
modified in accordance with the toxic effluent standard or prohibition and the permittee so
notified.
15. Civil and Criminal Liability
Nothing in this permit shall be construed to relieve the permittee from civil or criminal penalties
for noncompliance.
Page 13 of 15
PART III, General Conditions
Industrial User Pretreatment Permit (IUP)
16. Federal and/or State Laws
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 established pursuant to any
applicable Federal and/or State law or regulation.
17. Penalties
The Sewer Use Ordinance of the Control Authority and/or Municipality provides that any person
who violates a permit condition is subject to a civil penalty not to exceed $10,000 dollars per day
of such violation.
Under state law, (NCGS 143-215.6B), under certain circumstances it is a crime to violate terms,
conditions, or requirements of pretreatment permits. It is a crime to knowingly make 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. These crimes are enforced at the prosecutorial discretion of the local District
Attorney.
18. 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 to maintain compliance with the conditions of the permit.
19. Transferability
This permit shall not be reassigned or transferred or sold to a new owner, new user, different
premises, or a new or changed operation without approval of the permit issuing authority.
20. Property Rights
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.
21. 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 circumstance is held invalid, the application of such
provision to other circumstances and the remainder of this permit shall not be affected thereby.
22. Permit Modification, Revocation, Termination
This permit may lie modified, revoked and reissued or terminated with cause in accordance to the
requirements of : the Control Authority and/or Municipality Sewer Use Ordinance and North
Carolina General Statute' or implementing regulations.
23. Re -Application for Permit Renewal
The permittee is responsible for filing an application for reissuance of this permit at least 180 days
prior to its expiration date.
Paye 14 of 15
PART III, General Conditions
Industrial User Pretreatment Permit (IUP)
24. Dilution Prohibition
The permittee shall not increase the use of potable or process water or in any other way attempt to
dilute the discharge as a partial or complete substitute for adequate treatment to achieve
compliance with the limitations contained in this permit.
25. Reports of Changed conditions
The permittee shall give notice to the Control Authority and Municipality of any planned
significant changes to the permittee's operations or system which might alter the nature, quality, or
volume of its wastewater at least 180 days before the change.
26. Construction
No construction of pretreatment facilities or additions thereto shall be begun until Final Plans and
Specifications have been submitted to the Control Authority and written approval and an
Authorization to Construct (A to C) have been issued.
27. Reopener
The permit shall be modified or, alternatively, revoked and reissued to comply with any
applicable effluent standard or limitation for the control of any pollutant shown to contribute to
toxicity of the WWTP effluent or any pollutant that is otherwise limited by the POTW discharge
permit. The permit as modified or reissued under this paragraph may also contain any other
requirements of State or Federal pretreatment regulations then applicable.
28. Categorical Reopener
This permit shall be modified, or alternatively, revoked and reissued, to comply with any
applicable effluent standard or limitation issued or approved under Sections 302(b)(2)(C) and (D),
304(b)(2), and 307(a)(2) of the Clean Water Act, if the effluent standard or limitation so issued or
approved:
1.) contains different conditions or is otherwise more stringent than any effluent
limitation in this permit; or
2.) controls any pollutant not limited in this permit.
The permit as modified or reissued under this paragraph shall also contain any other requirements
of the Act then applicable.
29. General Prohibitive Standards
The permittee shalb'comply with the general prohibitive discharge standards in 40 CFR 403.5 (a)
and (b) of the Federal pretreaiment regulations.
30. Reports of Potential Problems
The permittee shall notify' by telephone the Control Authority and Municipality immediately of
all discharges that could cause problems to the POTW including any slug loadings as defined by
40 CFR 403.5(b). If the permittee experiences such a discharge, they shall inform the Control
Authority and Municipality immediately upon the first awareness of the commencement of the
discharge. Notification shall include location of the discharge, type of waste, concentration and
volume if known and corrective actions taken by the permittee. A written follow-up report
thereof shall be filed by the permittee within five (5) days, unless waived by the Control Authority
and Municipality.
Page 15 of 15