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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 REGElveo oo z FoeR DRAMA✓ s00 TA#IK z 0 --c M co -c -v N Ul N STAGE 7 STAGE 6 VERFLOWING Lu Prep Z- q8 RINIZP' Lu Prep �OoS GD STAGE 8 STAGE 5 00 193 1-u Prep. A--1 q , , X STAGE 9 STAGE 3 CC) Lu Prep LaO3 AC— 579 SEA LE R- AC, r b 'STH D Z STAGE 2&4 r.,.. 7\ - OVERFLOWING RINSE STAGE 1 .A �W—tO3Z' W• ADD 151 r' 7 U1' ,,/4,07,14/W6 CD w �z 110O _ > 1-3 N, _ L=J �-3 O 3 x A H >r r� r a z a r r 00 co v REGENED 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