HomeMy WebLinkAboutNC0088889_Issuance of Permit_20180809 4q,‘,
ROY COOPER ,
}]vcrntor • 4-4 -
MICHAEL S.REGAN {, •� °� •
Secretary •
LINDA CULPEPPER NORTH CAROLINA
Interim Director Environmental Qualify
August 9,2018
Shannon V. Becker, President
do Amanda Owens, Manager Environmental compliance
AQUA North Carolina, Inc.
202 MacKenan Court
Cary,North Carolina 27511
Subject: Issuance of NPDES Permit NC0088889
Hopson Downs Subdivision Well#4 WTP, Class PC-1
Spence Farms Road, Holly Springs
Wake County
Dear Mr. Becker:
The Division of Water Resources (DWR of the Division)has approved your application to renew
the subject permit. Accordingly, we are forwarding the attached NPDES discharge permit. This
permit is issued pursuant to the requirements of North Carolina General Statute 143-215.1 and
the Memorandum of Agreement between North Carolina and the U.S. Environmental Protection
Agency dated October 15, 2007 (or as subsequently amended).
The Division has reviewed your Engineering Alternatives analysis (EAA) for the subject site,
submitted with your application to renew. The EAA presents present-value costs and rationale
for land-based disposal, surface irrigation, reuse, discharge to a POTW [closest connection 5.5
miles away], and a surface-water discharge. DWR concurs that a discharge to surface waters is
the best viable disposal alternative based on cost.
Changes for Renewal.We understand that the subject facility has not discharged since before the
previous permit cycle (2009), i.e., the Basinwide Information Management System (BIMS)has no
discharge records (Jan2005 —May2018). This draft reflects your stated intent to re-equip this
facility with a new treatment array of greensand filters. The NPDES Unit has therefore applied
the current WTP permitting guidance (2009) for use of greensand technology, with consideration
of projected flows of 88 gpm [-0.127 GPD] based on pumping-well capacity submitted with your
application to renew. Please note one change from the permit draft—we have deleted monitoring
for Total Manganese as it is no longer a parameter of concern.
We have continued monitoring for Total Copper, Total Zinc and Total Manganese as parameters
of concern, per current permitting guidance for greensand. We have also added monitoring for
Total Hardness (effluent and upstream) to evaluate metals in dissolved fraction, as required by
EPA (see permit section [A. (1.)]. This permit also includes monitoring for Total Nitrogen(TN)
and Total Phosphorus (TP)required of discharges under the Neuse River Basin Management
Strategy.
DE
6cyrtvlM� -'��
North Carolina Department of Environmental Quality I Division of Water Resources
512 North Salisbury Street 11617 Mail Service Center I Raleigh,North Carolina 27699-1617—919.707 9000
Shannon V.Becker,President
do Amanda Owens
AQUA North Carolina,Inc.
August 9, 2018
Page 2 of 2
Because this facility's preferred operation is 100%recycle, and therefore having no effluent
database(discharging only on rare occasions), and because monitoring for Total Nitrogen a(TN)
and Total Phosphorus (TP) are required of discharges, Hopson Downs Subdivision Well#4 WTP
is not currently eligible for transfer to General Permit NCG590000.
Division records show that you have successfully registered with the eDMR Program. Please be
reminded that until the state's eDMR application is approved compliant with EPA's Cross-
Media Electronic Reporting Regulation (CROMERR), all permittees must continue to submit
hardcopy of DMRs as backup to eDMR reporting [see permit section A. (4.)].
If any parts,measurement frequencies or sampling requirements contained in this permit are
unacceptable, you have the right to an adjudicatory hearing upon written request within thirty
(30) days following receipt of this letter. This request must take the form of a written petition,
conforming to Chapter 150B of the North Carolina General Statutes, and filed with the Office of
Administrative Hearings (6714 Mail Service Center, Raleigh,North Carolina 27699-6714).
Unless such demand is made,this decision shall be final and binding.
Please note that this permit is not transferable except after notice to the Division. The Division
may modify or revoke and reissue this permit. This permit does not affect your legal
requirements to obtain other permits required by the Division of Water Resources, the Division
of Land Resources, the Coastal Area Management Act or any other federal or local government.
If you have any questions concerning this permit, please contact Joe Corporon
[joe.corporon@ncdenr.gov] or call his direct line (919) 807-6394.
S.• --rely,
4P,
Linda Culpepper, InterimMiirector
Division of Water Resources
Enclosure:NPDES Permit NC0088871 (issuance final)
hc: NPDES Program Files
Central Files
ec: DWR/RRO,Danny Smith, SWPS Supervisor
OCU,Maureen Kinney
AQUA Amanda Owens[AAOwens@aquaamerica.com]
NPDES Permit NC0088889
STATE OF NORTH CAROLINA
DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES
• DIVISION OF WATER RESOURCES
PERMIT
TO DISCHARGE WASTEWATER UNDER THE
NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM
(NPDES)
In compliance with the provisions of North Carolina General Statute 143-215.1, other lawful standards
and regulations promulgated and adopted by the North Carolina Environmental Management
Commission, and the Federal Water Pollution Control Act, as amended,the
Aqua North Carolina, Inc.
is hereby authorized to discharge treated wastewater from a facility known as
Hopson Downs Subdivision — Well #4 WTP
Spence Farms Road, Holly Springs
Wake County
to receiving waters designated as unnamed tributary to Basal Creek within the Neuse River Basin, in
accordance with effluent limitations,monitoring requirements, and other conditions set forth in Parts I,
II, III, and W hereof.
The permit shall become effective September 1, 2018.
This permit and the authorization to discharge shall expire at midnight on April 30, 2023.
Signed this day August 9, 2018.
1.,/,/nda Culpepper, Interim l;l2o;
Division of Water Resources
By Authority of the Environmental Management Commission
Page 1 of 6
NPDES Permit NC0088889 '
SUPPLEMENT TO PERMIT COVER SHEET
All previous NPDES Permits issued to this facility, whether for operation or discharge are hereby
revoked, and as of this issuance, any previously issued permit bearing this number is no longer effective.
Therefore,the exclusive authority to operate and discharge from this facility arises under the permit
conditions,requirements, terms, and provisions described herein.
Aqua North Carolina, Inc.
is hereby authorized to:
1. continue to operate a filter-backwash treatment system employing greensand filter technology
[AdEdge, AD26] to treat groundwater in support of potable-water production at 0.0.45 MGD [max
well yield], generating backwash discharge averaging 0.006 MGD as needed for—12 minutes,
utilizing
• a groundwater source well
• recycle pump
• filter media AdEdge AD26 (manganese dioxide)
• two each 5,000-gallon backwash/sludge-storage tanks
• one additional sludge-storage tank
• recycle pump
• sedimentation filter
• chlorine disinfection
• dechlorination
applying the chemicals
• chlorine
• manganese dioxide [Mn02]
from facilities located at the AQUA Hopson Downs Subdivision-Well#4 WTP, Spence Farms
Road,Holly Springs, Wake County;
• operating as a 100% recycle system where discharge to surface waters shall
occur only during extraordinary circumstances, and
• on those occasions, shall meet all effluent limitations and monitoring conditions
found in Part A. (1.) of this permit; and
2. on those occasions, discharge from said treatment works via Outfall 001, at a location specified
on the attached map, into an unnamed tributary to Basal Creek [Stream Segment 27-43-15 (3)], a
waterbody currently classified B;NSW waters within Subbasin 03-04-03 [HUC: 03030201] of
the Neuse River Basin.
Page 2 of 6
• NPDES Permit NC0088889
PART I
A. (1.) EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS
[NCAC 02B.0400 et seq., 02B.0500 et seq.] WTP Class PC-1
During the period beginning on the effective date of this permit and lasting until expiration,the Permittee is
authorized to discharge filter backwash via Outfall 001. Such discharges shall be limited,monitored and
reported' by the Permittee as specified below:
EFFLUENT LIMITS MONITORING REQUIREMENTS
CHARACTERISTIC
[PARAMETER CODES] Monthly Daily Measurement Sample Sample
Average Maximum Frequency Type Location 2
Flow 2 50050 Episodic Estimate Effluent
Total Suspended Solids C0530 30.0 mg/L 45.0 mg/L Episodic3 Grab Effluent
Total Residual Chlorine 50060 17 µg/L 4 Episodic3 Grab Effluent
pH [standard units] 00400 Not<6.0 or>9.0 Episodic3 Grab Effluent
Turbidity 5 (mg/L) 00070 Episodic3 Grab Effluent
Total Copper(µg/L) 01042 Quarterly Grab Effluent
Total Zinc(µg/L) 01092 Quarterly Grab Effluent
Total Hardness (mg/L) 00900 Quarterly Grab E&U
[CaCO3 of Ca+Mg]
Total Nitrogen(TN) 6 (mg/L) C0610 Semi-annually Grab Effluent
Total Phosphorus (TP) (mg/L) CO665 Semi-annually Grab Effluent
Footnotes:
1. From the permit effective date,the Permittee shall report monthly discharge monitoring data
electronically using the NC DWR's Electronic Discharge Monitoring Report(eDMR)internet
application. [See Section A. (2.)for eDMR submittal requirements.]
2. Sampling and Flow: E=Effluent;U=upstream; the Permittee shall record both flow rate and duration in
log books,to be kept available onsite for DWR inspection, and report Total Daily Discharge in monthly
DMRs/eDMRs.
3. After recording two (2) discharge episodes,additional monitoring is not required during a reporting
month.
4. The Division shall consider compliant all TRC effluent values reported below 50 µg/L.However,the
Permittee shall continue to record and submit all values reported by a North Carolina-certified test
method(including field certified), even if these values fall below 50 µg/L.
5. Discharge from this facility shall not cause receiving-stream turbidity to exceed 50 NTU.If instream
background conditions exceed 50 NTU,this discharge shall not cause instream turbidity to increase.
6. TN=TKN+NO3-N+NO2-N,where TN is Total Nitrogen,TKN is Total Kjeldahl Nitrogen, and NO3-
N+NO2-N are Nitrate and Nitrite Nitrogen,respectively.
Conditions:
Page 3 of 6
I . NPDES Permit NC0088889
• All effluent samples shall accurately represent the physical and chemical character of the discharge.
• The Permittee shall discharge no floating solids or foam visible in other than trace amounts.
• The Permittee shall discharge no waste or chemicals unrelated to the responsible treatment of raw water.
• The discharge ditch shall be lined or fitted with rip rap to prevent erosion to the creek.
A. (2.) ELECTRONIC REPORTING - DISCHARGE MONITORING REPORTS
[G.S. 143-215.1(b)]
Federal regulations require electronic submittal of all discharge monitoring reports (DMRs) and program
reports. The final NPDES Electronic Reporting Rule was adopted and became effective on December
21, 2015.
NOTE: This special condition supplements or supersedes the following sections within Part II of this
permit(Standard Conditions for NPDES Permits):
• Section B. (11.) Signatory Requirements
• Section D. (2.) Reporting
• Section D. (6.) Records Retention •
• Section E. (5.) Monitoring Reports
1. Reporting Requirements [Supersedes Section D. (2.) and Section E. (5.) (a)j
The permittee shall report discharge monitoring data electronically using the NC DWR's Electronic
Discharge Monitoring Report(eDMR) internet application.
Monitoring results obtained during the previous month(s) shall be summarized for each month and
submitted electronically using eDMR. The eDMR system allows permitted facilities to enter
monitoring data and submit DMRs electronically using the internet. Until such time that the state's
eDMR application is compliant with EPA's Cross-Media Electronic Reporting Regulation
(CROMERR),permittees will be required to submit all discharge monitoring data to the state
electronically using eDMR and will be required to complete the eDMR submission by printing,
signing, and submitting one signed original and a copy of the computer printed eDMR to the
following address:
NC DEQ/Division of Water Resources/Water Quality Permitting Section
ATTENTION: Central Files
1617 Mail Service Center
Raleigh,North Carolina 27699-1617
If a permittee is unable to use the eDMR system due to a demonstrated hardship or due to the facility
being physically located in an area where less than 10 percent of the households have broadband
access, then a temporary waiver from the NPDES electronic reporting requirements maybe 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.
Page 4 of 6
• NPDES Permit NC0088889
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).
2. Electronic Submissions
In accordance with 40 CFR 122.41(1)(9), the permittee must identify the initial recipient at the time
of each electronic submission. The permittee should use the EPA's website resources to identify the
initial recipient for the electronic submission.
Initial recipient of electronic NPDES information from NPDES-regulated facilities means the entity
(EPA or the state authorized by EPA to implement the NPDES program)that is the designated entity
for receiving electronic NPDES data [see 40 CFR 127.2(b)].
EPA plans to establish a website that will also link to the appropriate electronic reporting tool for
each type of electronic submission and for each state. Instructions on how to access and use the
appropriate electronic reporting tool will be available as well. Information on EPA's NPDES
Electronic Reporting Rule is found at: https://www.federalregister.gov/documents/2015/10/22/2015
24954/national-pollutant-discharge-elimination-system-npdes-electronic-reporting-rule
Electronic submissions must start by the dates listed in the"Reporting Requirements" section above.
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
Page 5 of 6
' NPDES Permit NC0088889
4. Signatory Requirements [Supplements Section B. (11.) (b) and Supersedes Section B. (11.) (d)1
All eDMRs submitted to the permit issuing authority shall be signed by a person described in Part II,
Section B. (11.)(a) or by a duly authorized representative of that person as described in Part II;
Section B. (11.)(b). A person, and not a position,must be delegated signatory authority for eDMR
reporting purposes.
For eDMR submissions, the person signing and submitting the DMR must obtain an eDMR user
account and login credentials to access the eDMR system. For more information on North
Carolina's eDMR system,registering for eDMR and obtaining an eDMR user account,please visit
the following web page:
http://deq.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:
"I certify, under penalty of law, that this document and all attachments were prepared under my
direction or supervision in accordance with a system designed to assure that qualified personnel
properly gather and evaluate the information submitted. Based on my inquiry of the person or
persons who manage the system, or those persons directly responsible for gathering the information,
the information submitted is, to the best of my knowledge and belief true, accurate, and complete. I
am aware that there are significant penalties for submitting false information, including the
possibility of fines and imprisonment for knowing violations."
5. Records Retention [Supplements Section D. (6.11
The permittee shall retain records of all Discharge Monitoring Reports, including eDMR
submissions. These records or copies shall be maintained for a period of at least 3 years from the
date of the report. This period may be extended by request of the Director at any time [40 CFR
122.41].
Page 6 of 6
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AQUA North Carolina, Inc.
Hopson Downs Subdivision WTP,Well#4 Facility
StateGrid/Ouad: E23SE/Fuquay-Varina Location �/
Drainage Basin: Neuse River Basin Stream Segment: 27-43-15-3 [not to scale]
Latitude: 35°36'40" Longitude: 78°50'14"
Stream Class: B;NSW Sub-Basin: 03-04-03 NPDES Permit NC0088889
Receiving Stream: UT to Basal Creek HUC: 03020201 North Wake County
I
General Permit NCG530000
PART L
MONITORING,CONTROLS,AND LIMITATI;ILNS FOR PERMITTED DISCHARGES
SECTION A. EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS
[15A NCAC 0213.0400 et seq.,02B.0500 et seq.]
During the period beginning on the effective date of the permit and lasting until expiration,the Permittee is
authorized to discharge from outfalls numbered serially beginning with 001.Such discharges shall be limited and
monitored by the Permittee as specified below:
LIMITS MONITORING REQUIREMENTS
EFFLUENT CHARACTERISTICS Monthly Weekly Daily Measurement Sample Sample
Average Average Maximum Frequency Type Location
Flow Annually Estimate Effluent
Total Suspended Solids 1 30.0 mg/L 60.0 mg/L 1 Annually Grab Effluent
Settleable Solids 5.0 ml/L 10.0 miL Annually Grab Effluent
Dissolved Oxygen 2 Annually Grab Effluent
Footnotes:
(1) If the Permittee discharges to a stream classified as High Quality Waters(HQW),the Daily Maximum limit
for Total Suspended Solids shall not exceed 20.0 nig/L.If the discharge is to waters classified as Trout(Tr),
the Daily Maximum limit for Total Suspended Solids shall not exceed 10.0.ing/L(See Certificate of
Coverage[COC]cover letter for receiving-stream classification).
(2) Daily Average effluent concentration of Dissolved Oxygen shall not fall below 6.0 mg/L.
General Conditions:
a. Although annual reporting to the Division is not required,routine records maintenance(see Part I Section
E.Best Management Practices[BMP]Plan)is required;each item,including laboratory monitoring data,
is to be kept onsite for a minimum of three(3)years,available for inspection upon request by the
Division.
b. Effluent pH for classified freshwater shall not fall below 6.0 nor exceed 9.0 standard units.
c. Effluent pH for classified saltwater shall not fall below 6.8 nor exceed 8.5 standard units.
d. The Permittee shall discharge no floating solids or foam.
e. CAAP facilities discharging to a waterbody classified Nutrient Sensitive Waters(NSW)shall use low-
phosphorus food(see Certificate of Coverage[COC] for receiving-stream classification).
f. No fish/seafood offal or fish/seafood carcasses shall discharge from any facility covered by this General
Permit.
NOTE: Special Condition-Section E: This Certificate of Coverage(COC)requires the Permittee to submit
to the Division a written plan addressing Operation and Maintenance Best Management Practices(BMPs)in
accord with Part 1, Section E.of this permit.Compliance with Section E. shall commence on the anniversary of
the effective date,one(1)year from the issuance of the Certificate of Coverage(COC).
Page 2 of 6
General Permit NCG530000
SECTION D. DISCHARGE CHARACTERISTICS
[40 CFR 122.41;NCGS 143-215]
1. Activities Covered by This General Permit
This General Permit covers point source discharges originating from seafood packing&rinsing
operations,as defined by 15A NCAC 2H.0103(19),and'from fish farms and hatcheries defined as
Concentrated Aquatic Animal Production(CAAP)facilities with production levels above specified
minimums(see permit Part I, Section C.Applicability[a],[b],and[c]),and any other discharges deemed
similar by the Director.
This General Permit specifically excludes seafood/fish-processing deemed process-contact waste-
generating activities(including but not limited to,gutting,cutting,picking,shucking,cooking,steaming,
rendering)requiring an individual NPDES permit under 40 CFR 408, Subparts A through AG,or other
facility deemed by the Division to require an individual NPDES permit.
2. Geoeraphic Area(s)Covered by This General Permit
This General Permit covers discharges located within the political boundary of the State of North
Carolina.(Exception:Discharges located on the Cherokee Indian Tribal Reservation subject to permitting
by the US Environmental Protection Agency.)
3. Receiving Waters
Receiving waters include all surface waters of the State of North Carolina including separate municipal
storm sewer systems conveying water to these surface waters.
4. Wastewater Characteristics
Discharges consist of seafood/fish rinse water or wash-down water only,or effluents from Concentrated
Aquatic Animal Production(CAAP)facilities,as defined by this permit.These wastewaters may contain
solids as mud,sand or vegetation,fish food and drugs,accumulated during or after the hatchery and
recovery of fish or seafood.
SECTION E. SPECIAL CONDITION—BEST MANAGEMENT PRACTICES(EMP)PLAN
[NCGS 143-215.1(b)]
Fish food production facilities defined by this permit as Concentrated Aquatic Animal Production(CARP)
facilities(See Part I,Section C.Applicability),and process greater than 100,000 pounds of product per year,
shall develop and maintain a written BMP plan describing how to achieve compliance with EPA 40 CFR Sec.
451.11(a)through(e)or Sec.451.21(a)through(h).Subject to this Part,the Permittee shall certify in writing to
the Division that a BMP Plan has been developed and implemented,and make the plan available to the Division.
This permit also defines narrative conditions to address the potential for CAAP wastewaters to impact the
environment such as equipment/component failure and spilled materials(drugs,pesticides,fish carcasses,
viscera,excess feed,feed bags,packaging materials,netting and/or other wastes).The following summarizes
these narrative limitations to be addressed or referenced in the BMP Plan.
1. Operation and Maintenance BMP Plan.Within one(1)year of the COC effective date,the CAAP facility
owner or designated operator must developed and implement an Operations and Maintenance BMP Plan,as
defined herein(in accord with 40 CFR 451.3),and certify in writing by submitting.a copy of this plan to the
Division.The BMP Plan shall include regular records keeping; each sample,analysis,measurement,report or
application to remain onsite for a minimum of three(3)years,available for Division inspection.The BMP
Plan shall be updated annually and a copy dated and signed by the facility manager,shall be kept onsite and
be available for inspection.This BMP Plan shall address,at a minimum,the following:
Page 4 of 6
General Permit NCG530000
SECTION F. NOTICE OF INTENT
[40 CFR 122.41(b)]
Individuals intending to obtain coverage under this General Permit shall submit a Notice of Intent(NO1)and an
Application for Certificate of Coverage(COC).A current version of these documents can be obtained by
contacting the Water Quality Permitting Section/NPDES Wastewater Permitting Unit at 919-807-6377,or may
be downloaded from the internet at https://deq.nc.gov/about/divisions/water-resources/water-quality-
permitting/npdes-wastewater/npdes-permitting/general.
NOIs must be signed and submitted to:
•
Division of Water Resources
Water Quality Permitting Section-NPDES
1617 Mail Service Center
Raleigh,NC 27699-1617
Applicants who have submitted an NOI are not authorized to discharge until the Division issues a Certificate of
Coverage.In general,the NOI shall include the following information:
1. The mailing address and telephone number for the owner and/or operator.
2. The facility name,address,and telephone number where the discharge will occur.
3. The permit number of any NPDES permit(s)for any discharge(s)from the site.
4. A description of the discharge,including the number of discharge points,the volume of discharge,the
frequency of discharge and any treatment methods applied prior to discharge.
5. The name of the receiving waters and the stream classification(if known).
6. An analysis of non-discharge alternatives,including connection to a regional sewer collection system,
subsurface disposal and spray irrigation.
7. A 7.5-minute series USGS topographic map clearly indicating the discharge location.
8. Final plans and specifications for the treatment system including all major components(if applicable).
9. Certification that the information contained in the NOI is true,complete,and accurate.
•
Page 6 of 6
Shannon V.Becker,President
do Amanda Owens
AQUA North Carolina, Inc.
August 9,2018
Page 2 of 2
Because this facility's preferred operation is 100%recycle, and therefore having no effluent
database (discharging only on rare occasions), and because monitoring for Total Nitrogen a(TN)
and Total Phosphorus (TP) are required of discharges, Hopson Downs Subdivision Well #4 WTP
is not currently eligible for transfer to General Permit NCG590000.
Division records show that you have successfully registered with the eDMR Program. Please be
reminded that until the state's eDMR application is approved compliant with EPA's Cross-
Media Electronic Reporting Regulation (CROMERR), all permittees must continue to submit
hardcopy of DMRs as backup to eDMR reporting [see permit section A. (4.)].
If any parts,measurement frequencies or sampling requirements contained in this permit are
unacceptable, you have the right to an adjudicatory hearing upon written request within thirty
(30) days following receipt of this letter. This request must take the form of a written petition,
conforming to Chapter 150B of the North Carolina General Statutes, and filed with the Office of
Administrative Hearings (6714 Mail Service Center, Raleigh,North Carolina 27699-6714).
Unless such demand is made, this decision shall be final and binding.
Please note that this permit is not transferable except after notice to the Division. The Division
may modify or revoke and reissue this permit. This permit does not affect your legal
requirements to obtain other permits required by the Division of Water Resources, the Division
of Land Resources, the Coastal Area Management Act or any other federal or local government.
If you have any questions concerning this permit, please contact Joe Corporon
[joe.corporon@ncdenr.gov] or call his direct line(919) 807-6394.
S' --rely,
WV1C
Linda Culpepper, Interim D1rector
Division of Water Resources
Enclosure: NPDES Permit NC0088871 (issuance final)
hc: NPDES Program Files
Central Files
ec: DWR/RRO,Danny Smith, SWPS Supervisor
OCU,Maureen Kinney
AQUA Amanda Owens [AAOwens@aquaamerica.com]
NPDES Permit NC0088889
SUPPLEMENT TO PERMIT COVER SHEET
•
All previous NPDES Permits issued to this facility, whether for operation or discharge are hereby
revoked, and as of this issuance, any previously issued permit bearing this number is no longer effective.
Therefore, the exclusive authority to operate and discharge from this facility arises under the permit
conditions,requirements, terms, and provisions described herein.
Aqua North Carolina, Inc.
is hereby authorized to:
1. continue to operate a filter-backwash treatment system employing greensand filter technology
[AdEdge, AD26] to treat groundwater in support of potable-water production at 0.0.45 MGD [max
well yield], generating backwash discharge averaging 0.006 MGD as needed for—12 minutes,
utilizing
• a groundwater source well
• recycle pump
• filter media AdEdge AD26 (manganese dioxide)
• two each 5,000-gallon backwash/sludge-storage tanks
• one additional sludge-storage tank
• recycle pump
• sedimentation filter
• chlorine disinfection
• dechlorination
applying the chemicals
• chlorine
• manganese dioxide [Mn02]
from facilities located at the AQUA Hopson Downs Subdivision-Well#4 WTP, Spence Farms
Road, Holly Springs, Wake County;
• operating as a 100% recycle system where discharge to surface waters shall
occur only during extraordinary circumstances, and
• on those occasions, shall meet all effluent limitations and monitoring conditions
found in Part A. (1.) of this permit; and
2. on those occasions, discharge from said treatment works via Outfall 001, at a location specified
on the attached map, into an unnamed tributary to Basal Creek [Stream Segment 27-43-15 (3)], a
waterbody currently classified B;NSW waters within Subbasin 03-04-03 [HUC: 03030201] of
the Neuse River Basin.
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NPDES Permit NC0088889
• All effluent samples shall accurately represent the physical and chemical character of the discharge.
• The Permittee shall discharge no floating solids or foam visible in other than trace amounts.
• The Permittee shall discharge no waste or chemicals unrelated to the responsible treatment of raw water.
• The discharge ditch shall be lined or fitted with rip rap to prevent erosion to the creek.
•
A. (2.) ELECTRONIC REPORTING - DISCHARGE MONITORING REPORTS
[G.S. 143-215.1(b)]
Federal regulations require electronic submittal of all discharge monitoring reports (DMRs) and program
reports. The final NPDES Electronic Reporting Rule was adopted and became effective on December
21, 2015.
NOTE: This special condition supplements or supersedes the following sections within Part II of this
permit(Standard Conditions for NPDES Permits):
• Section B. (11.) Signatory Requirements
• Section D. (2.) Reporting
• Section D. (6.) Records Retention .
• • Section E. (5.) Monitoring Reports
1. Reporting Requirements [Supersedes Section D. (2.) and Section E. (5.) (a)]
The permittee shall report discharge monitoring data electronically using the NC DWR's Electronic
Discharge Monitoring Report(eDMR) internet application.
Monitoring results obtained during the previous month(s) shall be summarized for each month and
submitted electronically using eDMR. The eDMR system allows permitted facilities to enter
monitoring data and submit DMRs electronically using the internet. Until such time that the state's
eDMR application is compliant with EPA's Cross-Media Electronic Reporting Regulation
(CROMERR), permittees will be required to submit all discharge monitoring data to the state
electronically using eDMR and will be required to complete the eDMR submission by printing,
signing, and submitting one signed original and a copy of the computer printed eDMR to the
following address:
NC DEQ/Division of Water Resources/Water Quality Permitting Section
ATTENTION: Central Files
1617 Mail Service Center
Raleigh,North Carolina 27699-1617
If a permittee is unable to use the eDMR system due to a demonstrated hardship or due to the facility
being physically located in an area where less than 10 percent of the households have broadband
access, then a temporary waiver from the NPDES electronic reporting requirements may be granted
and discharge monitoring data may be submitted on paper DMR forms (MR 1, 1.1, 2, 3) or
alternative forms approved by the Director. Duplicate signed copies shall be submitted to the
mailing address above. See"How to Request a Waiver from Electronic Reporting" section below.
Regardless of the submission method, the first DMR is due on the last day of the month following
the issuance of the permit or in the case of a new facility, on the last day of the month following the
commencement of discharge.
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' NPDES Permit NC0088889
4. Signatory Requirements [Supplements Section B. (11.) (b) and Supersedes Section B. (11.) (d)1
All eDMRs submitted to the permit issuing authority shall be signed by a person described in Part II,
Section B. (11.)(a) or by a duly authorized representative of that person as described in Part II,
Section B. (11.)(b). A person, and not a position,must be delegated signatory authority for eDMR
reporting purposes.
For eDMR submissions, the person signing and submitting the DMR must obtain an eDMR user
account and login credentials to access the eDMR system. For more information on North
Carolina's eDMR system,registering for eDMR and obtaining an eDMR user account,please visit
the following web page:
http://deq.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:
"I certify, under penalty of law, that this document and all attachments were prepared under my
direction or supervision in accordance with a system designed to assure that qualified personnel
properly gather and evaluate the information submitted. Based on my inquiry of the person or
persons who manage the system, or those persons directly responsible for gathering the information,
the information submitted is, to the best of my knowledge and belief true, accurate, and complete. I
am aware that there are significant penalties for submitting false information, including the
possibility of fines and imprisonment for knowing violations."
5. Records Retention [Supplements Section D. (6.)1
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].
r .
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NPDES Permit Standard Conditions „
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(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.
D Permittees with wastewater treatment systems whose detention time exceeds 24 hours shall collect effluent
grab samples at least every six hours;there must be a minimum of four samples during a 24-hour sampling
period.
Continuous flow measurement
Flow monitoring that occurs without interruption throughout the operating hours of the facility.Flow shall be
monitored continually except for the infrequent times when there may be no flow or for infrequent maintenance
activities on the flow device.
Daily Discharge
The discharge of a pollutant measured during a calendar day or any 24-hour period that reasonably represents the
calendar day for purposes of sampling.For pollutants measured in units of mass,the "daily discharge" is calculated as
the total mass of the pollutant discharged over the day.For pollutants expressed in other units of measurement,the
"daily discharge"is calculated as the average measurement of the pollutant over the day. (40 CFR 122.2; see also
"Composite Sample,"above.)
Daily Maximum
The highest"daily discharge"during the calendar month.
Daily Sampling
Parameters requiring daily sampling shall be sampled 5 out of every 7 days per week unless otherwise specified in the
permit. Sampling shall be conducted on weekdays except where holidays or other disruptions of normal operations
prevent weekday sampling.If sampling is required for all seven days of the week for any permit parameter(s),that
requirement will be so noted on the Effluent Limitations and Monitoring Page(s).
DWR or"the Division"
The Division of Water Resources,Department of Environmental Quality.
Effluent
Wastewater discharged following all treatment processes from a water pollution control facility or other point source
whether treated or untreated.
EMC
The North Carolina Environmental Management Commission
EPA
The United States Environmental Protection Agency
Facility Closure
Cessation of all activities that require coverage under this NPDES permit. Completion of facility closure will allow this
permit to be rescinded.
Geometric Mean
The Nth root of the product of the individual values where N=the number of individual values.For purposes of
calculating the geometric mean,values of"0" (or"< [detection level]") shall be considered= 1.
Grab Sample
Individual samples of at least 100 mL collected over a period of time not exceeding 15 minutes.Grab samples can be
collected manually.Grab samples must be representative of the discharge(or the receiving stream,for instream
samples).
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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 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 Mitigate
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.
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c. Changes to authorization:If an authorization under paragraph(b)of this section is no longer accurate because
a different individual or position has responsibility for the overall operation of the facility,a new authorization
satisfying the requirements of paragraph(b)of this section must be submitted to the Director prior to or
together with any reports, information,or applications to be signed by an authorized representative [40 CFR
122.22]
d. Certification.Any person signing a document under paragraphs a.or b. of this section shall make the following
certification[40 CFR 122.22].NO OTHER STATEMENTS OF CERTIFICATION WILL BE ACCEPTED:
"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."
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 fie 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).
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(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
1. 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 122.41(j)].
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:
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.
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].
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 I22.42(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
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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.
11. Penalties for Falsification of Reports
The CWA provides that any person who knowingly makes any false statement,representation,or certification in
any record or other document submitted or required to be maintained under this permit, including monitoring
reports or reports of compliance or noncompliance shall,upon conviction,be punished by a fine of not more than
$25,000 per violation,or by imprisonment for not more than two years per violation,or by both [40 CFR 122.41].
12. Annual Performance Reports
Permittees who own or operate facilities that primarily collect or treat municipal or domestic wastewater and have
an average annual flow greater than 200,000 gallons per day shall provide an annual report to the Permit Issuing
Authority and to the users/customers served by the Permittee(NCGS 143-215.1 C).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 DEQ/Division of Water Resources/Water Quality Permitting Section
ATTENTION: Central Files
1617 Mail Service Center
Raleigh,North Carolina 27699-1617
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PART 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(j)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)
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3. With regard to the effluent requirements listed in Part I of this permit,it may be necessary for the Permittee to
supplement the requirements of the Federal Pretreatment Standards(40 CFR,Part 403)to ensure compliance by
the Permittee with all applicable effluent limitations. Such actions by the Permittee may be necessary regarding
some or all of the industries discharging to the municipal system.
4. The Permittee shall require any Industrial User(IU)discharging to the POTW to meet Federal Pretreatment
Standards developed under Section 307(b) of the Act as amended(which includes categorical standards and
specific local limits,best management practices and narrative requirements).Prior to accepting wastewater from
any Significant Industrial User(SIU),the Permittee shall either develop and submit to the Division a new
Pretreatment Program or, as necessary,a modification of an existing Pretreatment Program,for approval as
required under section D below as well as 15A NCAC 02H.0907(a)and(b). [40 CFR 122.44(j)(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 122.44(j)(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(IWS1
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 122.44(j)(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.5.). [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 IOWA or documentation of why one is not needed) [40 CFR 122.44].The Permittee shall develop,in
accordance with 40 CFR 403.5(c)and 15A NCAC 02H .0909,specific Local Limits to implement the prohibitions
listed in 40 CFR 403.5(a)and(b)and 15A NCAC 02H .0909.Pursuant to 40 CFR 403.5, local limits are
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NPDES Permit Standard Conditions ,
Page 18 of 18
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NC DEQ/Division of Water Resources/Water Quality Permitting 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(o)]
13. Pretreatment Program Resources
The Permittee shall maintain adequate funding and qualified personnel to accomplish the objectives of its approved
pretreatment program. and retain a written description of those current levels of inspection. [15A NCAC 02H
.0906(b)(9)and(10)and.0905;40 CFR 403.8(f)(3),403.9(b)(3)]
14. Modification to Pretreatment Programs
Modifications to the approved pretreatment program including but not limited to local limits modifications,POTW
monitoring of their Significant Industrial Users(SIUs), and Monitoring Plan modifications, shall be considered a
permit modification and shall be governed by 40 CFR 403.18, 15 NCAC 02H .0114 and 15A NCAC 02H.0907.
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