NC0040797_Issuance of Permit_20180720 (89)

ROY COOPER
!--1
Governor
MICHAEL S. REGAN
Secretary
Water Resources LINDA CULPEPPER
Environmental Quality Interim Director
August 14, 2018
Mr.Kevin B. Greer PE
Public Services Director
City of Hickory
P.O.Box 398
Hickory,North Carolina 28603
Subject: Final NPDES Permit Renewal
Permit NC0040797
Henry Fork WWTP
Catawba County
Grade IV Biological WPCS
SIC Code 4952
Dear Mr.Greer: ,
Division personnel have reviewed and approved your application for renewal of the subject permit.
Accordingly,we are forwarding the attached NPDES permit. This permit is issued pursuant to the
requirements of North Carolina General Statute 143-215.1 and the Memorandum of Agreement
between North Carolina and the U.S. Environmental Protection Agency dated October 15, 2007
(or as subsequently amended). The expiration date for the permit was extended to July 31, 2022.
The fmal permit maintains the following significant changes identified in the letter sent on
April 3,2017:
• Removed effluent and instream monitoring requirements for color after reviewing monitoring data
and recommendation of the Mooresville Regional Office. The special condition on Color
Permitting Requirements has been removed from the permit and a new special condition to reopen
the permit has been added if water quality standards for color are violated.
• Removed effluent limitations and monitoring requirements for total chromium, cyanide and total
nickel based on results of the Reasonable Potential Analysis (RPA). The permittee shall continue
to monitor these metals under the pretreatment program.
• Removed effluent limitations and monitoring requirements for mercury as per EPA approved
statewide mercury TMDL.The permittee shall continue to monitor mercury under the pretreatment
program.
• Removed monitoring requirements for total silver based on results of RPA. The facility will
continue to report total silver at its practical quantitation limit (PQL) of 1 ttg/L under the
pretreatment program.
• Removed monitoring requiremeen_ts for chloride based on results of RPA.
`Nothing Compares.-
State of North Carolina I Environmental Quality
1611 Mail Service Center I Raleigh,North Carolina 27699-1611
919-707-9000

• Removed instream monitoring requirements for fecal coliform as receiving stream is not impaired
for fecal coliform.
• Updated monthly average and daily maximum permit limitations for Bis (2-ethylhexyl) phthalate
from 29 µg/L to 28.5 µg/L as per results of RPA.
• Added monthly average and daily maximum limits for total copper and changed monitoring
requirements from quarterly to monthly as per results of RPA.
• Added quarterly monitoring for total cadmium according to the Division's guidance for water
quality standards for hardness dependent dissolved metals. Cadmium is currently reported as less
than 1 µg/l but the permittee is required to report results at the Practical Quantification Level(PQL)
i.e. 0.5 µg/l.
• Sampling frequency for effluent pollutant scan has been modified to three times during the permit
cycle. Special condition A.(3)Effluent Pollutant Scan has been modified to include narrative for
additional toxicity test requirements for permit renewal.
• Added Mercury Minimization Plan(MMP)to the permit according to the Statewide Mercury
TMDL.The condition A.(4)was modified from the draft permit to add the date to develop MMP.
The City of Hickory will be responsible for implementing this plan.
• The NC 2007-2014 Water Quality Standard(WQS)Triennial Review was approved by the NC
Environmental Management Commission(EMC)on November 13,2014.The US EPA
subsequently approved the WQS revisions on April 6,2016 with some exceptions.The NC
Division of Water Resources NPDES Permitting Unit is required to implement the new dissolved
metal standards in all permits public noticed after April 6,2016.
The new standards for most metals include acute standards.Further,the freshwater standards for
several metals are expressed as the dissolved form of the metals,and seven metals have hardness-
dependent equations.As a result,the NPDES Permitting Unit will need site-specific effluent
hardness data and instream hardness data,upstream of the discharge, for each facility monitoring
these metals in order to calculate permit limitations.Effluent and upstream hardness have been
added to this permit at a quarterly monitoring frequency.Hardness sampling should be performed
in conjunction with testing for metals.
• 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.The requirement to begin reporting discharge monitoring data
electronically using the NC DWR's Electronic Discharge Monitoring Report(eDMR)internet
application has been added to this permit. [See Special Condition A(9)]
For information on eDMR,registering for eDMR and obtaining an eDMR user account,please
visit the following web page: http://deq.nc.gov/about/divisions/water-resources/edmr.
For more information on EPA's final NPDES Electronic Reporting Rule,please visit the
following web site: https://www.federalregister.gov/documents/2015/10/22/2015-24954/national-
pollutant-discharge-elimination-system-npdes-electronic-reporting-rule
Page 2 of 3

The NPDES Standard Conditions(Parts II,III, and IV)are not included with this draft. They can be
found at the following link if you would like to review them in conjunction with this draft permit.
http://ncdenr.s3.amazonaws.com/s3 fs-
public/Water%20Quality/Surface%20Water%20Protection/NPDES/MISC/NPDES%20Standard%20Con
ditions-Boilerplate-DWR-S WP-NPDES-20150410.pdf
If any parts, measurement frequencies or sampling requirements contained in this permit are
unacceptable to you, you have the right to an adjudicatory hearing upon written request within
thirty (30) days following receipt of this letter. This request must be in the form of a written
petition, conforming to Chapter 150B of the North Carolina General Statutes, and filed with the
Office of Administrative Hearings (6714 Mail Service Center, Raleigh, North Carolina 27699-
6714). Unless such demand is made, this decision shall be final and binding.
Please note that this permit is not transferable except after notice to the Division. The Division
may require modification or revocation and reissuance of the permit. This permit does not affect
the legal requirements to obtain other permits which may be required by the Division of Water
Resources or any other Federal, State, or Local governmental permits that may be required.
If you have any questions concerning this permit, please contact Trupti Desai at [phone]
or via email at [e-mail].
Sincerely,
<//(4. 6 ---)
Linda Culpepper, Interim Director
Division of Water Resources,NCDEQ
Hardcopy: NPDES Files •
Central Files
DWR/Mooresville Regional Office/Water Quality/Corey Basinger
Ecopy: US EPA Region 4
DWR/Aquatic Toxicology Branch/Susan Meadows
DWR/PERCS/Vivian Zhong
Page 3 of 3

Permit No.NC0040797
STATE OF NORTH CAROLINA
DEPARTMENT OF ENVIRONMENTAL QUALITY
DIVISION OF WATER RESOURCES
PERMIT
TO DISCHARGE WASTEWATER UNDER THE
NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM
In compliance with the 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,
City of Hickory
is hereby authorized to discharge wastewater from a facility located at
Henry Fork Wastewater Treatment Plant
4014 River Road
Hickory
Catawba County
to receiving waters designated as Henry Fork River in the Catawba River Basin in accordance with
effluent limitations,monitoring requirements, and other conditions set forth in Parts I, II, III and IV
hereof.
This permit shall become effective September 1,,2018.
This permit and authorization to discharge shall expire at midnight on July 31,2022.
Signed this day August 14,2018.
: Linda Culpepper, Interim Director
Division of Water Resources
By Authority of the Environmental Management Commission
Page 1 of 11

Permit No.NC0040797
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 included herein.
City of Hickory is hereby authorized to:
1. Continue to operate an existing 9.0 MGD capacity wastewater treatment facility with the following
components: ,
• Mechanical bar screen
• Influent pump station
• Influent flow meter
• Grit removal
• Flow equalization basin
• Two primary clarifiers
• Two aeration basins
• Two secondary clarifiers
• Chlorine gas disinfection with contact chamber
• Dechlorination
• Cascade aeration
• Two sludge holding basins
• Alum and polymer feed systems
• Odor control system
• Two standby power generators
• Effluent diffuser
The facility is located at Henry Fork Wastewater Treatment Plant on 4014 River Road in Catawba
County
2. Discharge from said treatment works at the location specified on the attached map into Henry Fork River,
which is classified C waters in the Catawba River Basin.
Page 2 of 11

Permit No.NC0040797
PART I
A. (1) EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS
[15A NCAC 02B .0400 et seq.,02B .0500 et seq.] Grade IV Biological WPCS .
During the period beginning on the effective date of the permit and lasting until expiration, the Permittee is
authorized to discharge treated municipal and industrial wastewater from outfall 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 (50050) 9.0 MGD Continuous Recording I or E
BOD5(April 1-October 31)3 (C0310) 19.0 mg/L 28.5 mg/L Daily Composite I&E
BOD5(November 1-March 31)3 (C0310) 30.0 mg/L 45.0 mg/L Daily Composite I&E
NH3 as N(April 1-October 31) (C0610) 2.5 mg/L 7.5 mg/L Daily Composite E
NH3 as N(November 1-March 31)(C0610) 6.2 mg/L 18.6 mg/L Daily Composite E
Total Suspended Solids3 (C0530) 30.0 mg/L 45.0 mg/L Daily Composite I&E
Dissolved Oxygen (00300) Daily Average>5.0 mg/L Daily Grab E
Fecal Coliform (31616) 200/100 ml 400/100 ml Daily Grab E
pH (00400) Not greater than 9.0 S,U.nor less than 6.0 Daily Grab E
S.U.
Total Residual Chlorine4 (50060) 28µg/L Daily Grab E
Temperature°C (00010) Daily Grab E
Conductivityµmho/cm (00094) Daily Grab E
Total Coppers (01042) 27.06µg/L 34.65µg/L Monthly Composite E
Total Cadmium5'6 µg/L (01027) Quarterly Composite E
Total Zinc5µg/L (01092) Quarterly Composite E
Bis(2-ethylhexyl)phthalate (39100) 28.5µg/L _ 28.5µg/L Monthly Composite E
Hardness-Total as (00900) Quarterly Composite E
[CaCO3 or(Ca+Mg)15(mg/I)
Hardness-Total as (00900) Quarterly Grab U
[CaCO3 or(Ca+Mg)]5(mg/1)
Total Nitrogen (C0600) Monitor and Report,mg/1 Monthly Composite E
Total Phosphorus (C0665) Monitor and Report,mg/1 Monthly Composite E
Conductivity? µmho/cm (00094) Variable Grab U&D
Dissolved Oxy en7 mg/ (00300) Variable Grab U&D
Temperatures°C (00010) Variable Grab U&D
Chronic Toxicity' (TGP3B) Quarterly Composite E
Effluent Pollutant Scan (NC01) Monitor and Report Footnote 9 Footnote 9 E
Notes:
1. The permittee shall submit Discharge Monitoring Reports electronically using NC DWR's eDMR application system. See Special Condition
A.(6).
2. Sample Locations: E-Effluent,I-Influent, U-Upstream at least 100 feet above the outfall,D-Downstream at NCSR 1143.
3. The monthly average effluent BODs and Total Suspended Solids concentrations shall not exceed 15%of the respective influent value(85%
removal).
4. The Division shall consider all effluent total residual chlorine values reported below 50 ug/1 to be in compliance with the permit. However,the
Permittee shall continue to record and submit all values reported by a North Carolina certified laboratory(including field certified),even if
these values fall below 50 ug/l.
5. Sampling for copper,cadmium and zinc shall coincide with sampling for hardness.
6. Total cadmium shall be tested to its lowest reporting level.
7. Variable monitoring frequency is defined as follows: Samples collected three times per week during June 1 through September 30 and once per
week October 1 through May 31.
8. Chronic Toxicity(Ceriodaphnia)P/F @ 34.07%;February,May,August and November. See Special Conditions A.(2).
9. The permittee shall perform three Effluent Pollutant Scans during the term of this permit[see Special Condition A.(3)].
There shall be no discharge of floating solids or visible foam in other than trace amounts.
Page 3 of 11

Permit No.NC0040797
A. (2) CHRONIC TOXICITY PERMIT LIMIT (QRTRLY)
[15A NCAC 02B .0200 et seq.]
The effluent discharge shall at no time exhibit observable inhibition of reproduction or significant mortality to
Ceriodaphnia dubia at an effluent concentration of 34.07%
The permit holder shall perform at a minimum,quarterly monitoring using test procedures outlined in the"North
Carolina Ceriodaphnia Chronic Effluent Bioassay Procedure,"Revised December 2010, or subsequent versions
or"North Carolina Phase II Chronic Whole Effluent Toxicity Test Procedure"(Revised-December 2010) or
subsequent versions.The tests will be performed during the months of February,May,August and
November. These months signify the first month of each three-month toxicity testing quarter assigned to the
facility. Effluent sampling for this testing must be obtained during representative effluent discharge and shall be
performed at the NPDES permitted final effluent discharge below all treatment processes.
If the test procedure performed as the first test of any single quarter results in a failure or ChV below the
permit limit,then multiple-concentration testing shall be performed at a minimum,in each of the two
following months as described in"North Carolina Phase II Chronic Whole Effluent Toxicity Test
Procedure"(Revised-December 2010) or subsequent versions.
All toxicity testing results required as part of this permit condition will be entered on the Effluent Discharge
Monitoring Form(MR-1)for the months in which tests were performed,using the parameter code TGP3B for the
pass/fail results and TBP3B for the Chronic Value. Additionally,DWR Form AT-3 (original)is to be sent to the
following address:
Attention: North Carolina Division of Water Resources
Water Sciences Section/Aquatic Toxicology Branch
1621 Mail Service Center
Raleigh,NC 27699-1621
Completed Aquatic Toxicity Test Forms shall be filed with the Water Sciences Section no later than 30 days after
the end of the reporting period for which the report is made.
Test data shall be complete, accurate, include all supporting chemical/physical measurements and all
concentration/response data, and be certified by laboratory supervisor and ORC or approved designate signature.
Total residual chlorine of the effluent toxicity sample must be measured and reported if chlorine is employed for
disinfection of the waste stream.
Should there be no discharge of flow from the facility during a month in which toxicity monitoring is required,
the permittee will complete the information located at the top of the aquatic toxicity(AT)test form indicating the
facility name,permit number,pipe number, county,and the month/year of the report with the notation of"No
Flow"in the comment area of the form. The report shall be submitted to the Water Sciences Section at the
address cited above.
Should the permittee fail to monitor during a month in which toxicity monitoring is required,monitoring will be
required during the following month.Assessment of toxicity compliance is based on the toxicity testing quarter,
which is the three month time interval that begins on the first day of the month in which toxicity testing is
required by this permit and continues until the final day of the third month.
Should any test data from this monitoring requirement or tests performed by the North Carolina Division of
Water Resources indicate potential impacts to the receiving stream,this permit may be re-opened and modified to
include alternate monitoring requirements or limits.
Page 4 of 11

Permit No.NC0040797
NOTE: Failure to achieve test conditions as specified in the cited document, such as minimum control organism
survival,minimum control organism reproduction, and appropriate environmental controls, shall constitute an
invalid test and will require immediate follow-up testing to be completed no later than the last day of
the month following the month of the initial monitoring.
Page 5 of 11

Permit No.NC0040797
A. (3) EFFLUENT POLLUTANT SCAN (Municipal POTWs) [G.S.143-215.1(b)]
The Permittee shall perform a total of three(3)Effluent Pollutant Scans for all parameters listed below. One scan
must be performed in each of the following years: 2019,2020, and 2021. Analytical methods shall be in
accordance with 40 CFR Part 136 and shall be sufficiently sensitive to determine whether parameters are present
in concentrations greater than applicable standards and criteria. Samples should be collected with one quarterly
toxicity test each year, and must represent seasonal variation[i.e., do not sample in the same quarter every year].
Unless otherwise indicated,metals shall be analyzed as"total recoverable."
Ammonia(as N) C0610 1,2-dicloroethane 32103 Bis(2-chloroethoiy)methane 34278
Chlorine(total residual,TRC) 50060 Trans-1,2-dichloroethylene 34546 Bis(2-chloroethyl)ether 34273
Dissolved oxygen 00300 1,1-dichloroethylene 34501 Bis(2-chloroisopropyl)ether 34283
Nitrate 00620 1,2-dichloropropane 34541 Bis(2-ethylhexyl)phthalate 39100
Nitrite 00615 1,3-dichloropropylene 77163 4-bromophenyl phenyl ether 34636
Kjeldahl nitrogen 00625 Ethylbenzene 34371 Butyl benzyl phthalate 34292
Oil and grease 00556 Methyl bromide 34413 2-chloronaphthalene 34581
Phosphorus C0665 Methyl chloride 34418 4-chlorophenyl phenyl ether 34641
Total dissolved solids 70295 Methylene chloride 34423 Chrysene 34320
Hardness 00900 1,1,2,2-tetrachloroethane 81549 Di-n-butyl phthalate 39110
Antimony 01097 Tetrachloroethylene 34475 Di-n-octyl phthalate 34596
Arsenic 01002 Toluene 34010 Dibenzo(a,h)anthracene 34556
Beryllium 01012 1,1,1-trichloroethane 34506 1,2-dichlorobenzene 34536
Cadmium 01027 1,1,2-trichloroethane 34511 1,3-dichlorobenzene 34566
Chromium 01034 Trichloroethylene 39180 1,4-dichlorobenzene 34571
Copper 01042 Vinyl chloride 39175 3,3-dichlorobenzidine 34631
Lead 01051 Acid-extractable compounds: Diethyl phthalate 34336
Mercury(Method 1631E) COMER P-chloro-m-cresol 34452 Dimethyl phthalate 34341
Nickel 01067 2-chlorophenol 34586 2,4-dinitrotoluene 34611
Selenium 01147 2,4-dichlorophenol 34601 2,6-dinitrotoluene C0626
Silver 01077 2,4-dimethylphenol 34606 1,2-diphenylhydrazine 34346
Thallium 01059 4,6-dinitro-o-cresol 34657 Fluoranthene C0376
Zinc 01092 2,4-dinitrophenol 34616 Fluorene 34381
Cyanide 00720 2-nitrophenol 34591 Hexachlorobenzene C0700
Total phenolic compounds 32730 4-nitrophenol 34646 Hexachlorobutadiene 39702
Volatile organic compounds: Pentachlorophenol 39032 Hexachlorocyclo-pentadiene 34386
Acrolein 34210 Phenol 34694 Hexachloroethane 34396
Acrylonitrile 34215 2,4,6-trichlorophenol 34621 Indeno(1,2,3-cd)pyrene 34403
Benzene 34030 Base-neutral compounds: Isophorone 34408
Bromoform 32104 Acenaphthene 34205 Naphthalene 34696
Carbon tetrachloride 32102 Acenaphthylene 34200 Nitrobenzene 34447
Chlorobenzene 34301 Anthracene CO220 N-nitrosodi-n-propylamine 34428
Chlorodibromomethane 34306 Benzidine 39120 N-nitrosodimethylamine 34438
Chloroethane 85811 Benzo(a)anthracene 34526 N-nitrosodiphenylamine 34433
2-chloroethyl vinyl ether 34576 Benzo(a)pyrene 34247 Phenanthrene 34461
Chloroform 32106 3,4 benzofluoranthene 34230 Pyrene 34469
Dichlorobromomethane 32101 Benzo(ghi)perylene 34521 1,2,4-trichlorobenzene 34551
1,1-dichloroethane 34496 Benzo(k)fluoranthene 34242
Page 6 of 11

Permit No.NC0040797
Reporting. Test results shall be reported electronically via eDMR or on DWR Form—DMR-PPA-1 (or on a
form approved by the Director)by December 31st of each designated sampling year. The report shall be
submitted to the following address:
NC DEQ/DWR/Central Files, 1617 Mail Service Center,Raleigh,North Carolina 27699-1617.
Additional Toxicity Testing Requirements for Municipal Permit Renewal. Please note that Municipal
facilities that are subject to the Effluent Pollutant Scan requirements listed above are also subject to additional
toxicity testing requirements specified in Federal Regulation 40 CFR 122.21(j)(5) and EPA Municipal
Application Form 2A. The US EPA requires four(4)toxicity tests for a test organism other than the test species
currently required in this permit. The second species tests should be conducted either quarterly for a 12-month
period prior to submittal of the permit renewal application, or four tests performed at least annually in the four
and one half year period prior to the application. The second species tests must be multiple concentration(5
concentrations plus the control). These tests shall be performed for acute or chronic toxicity,whichever is
specified in this permit. POTWs performing NPDES chronic Ceriodaphnia testing should perform chronic
Fathead minnow testing. POTWs performing NPDES acute Fathead Minnow testing should perform acute
Ceriodaphnia testing. POTWs performing NPDES chronic Mysid shrimp testing should perform chronic
Silverside Minnow testing.
The second species toxicity test results shall be filed with the Aquatic Toxicology Branch at the following
address:
North Carolina Division of Water Resources
Water Sciences Section/Aquatic Toxicology Branch
1621 Mail Service Center
Raleigh,North Carolina 27699-1621
Contact the Division's Aquatic Toxicology Branch at 919-743-8401 for guidance on conducting the additional
toxicity tests and reporting requirements. Results should also be summarized in Part E(Toxicity Testing Data) of
EPA Municipal Application Form 2A,when submitting the permit renewal application to the NPDES Permitting
Unit.
A. (4) MERCURY MINIMIZATION PLAN (MMP) [G.S. 143-215.1(b)]
The permittee shall develop and implement a mercury minimization plan during this permit term. The MMP shall
be developed by February 28,2019 and shall be available for inspection on-site. A sample MMP was developed
through a stakeholder review process and has been placed on the Division website for guidance
(https://deq.nc.gov/document/nc-model-mercury-minimization-plan-dwr-npdes-swp-20130801). The MMP
should place emphasis on identification of mercury contributors and goals for reduction. Results shall be
summarized and submitted with the next permit renewal. Performance of the Mercury Minimization Plan will
meet the requirements of the TMDL(Total Maximum Daily Load) for mercury approved by USEPA on October
12,2012,unless and until a Waste Load Allocation specific to this facility is developed and this NPDES permit is
amended to require further actions to address the Waste Load Allocation.
A. (5) PERMIT REOPENER FOR COLOR [G.S. 142-215.1(b)]
If water quality standards for color are violated,the Director of DWR may reopen this permit for the purpose of
imposing additional requirements pursuant to 15A NCAC 2H.0114.
Page 7 of 11

Permit No.NC0040797
A. (6) ELECTRONIC REPORTING OF MONITORING REPORTS [G.S. 143-215.1(b)]
Federal regulations require electronic submittal of all discharge monitoring reports(DMRs)and program reports.
The final NPDES Electronic Reporting Rule was adopted and became effective on December 21,2015.
NOTE: This special condition supplements or supersedes the following sections within Part II of this permit
(Standard Conditions for NPDES Permits):
• Section B. (11.) Signatory Requirements
• Section D. (2.) Reporting
• Section D. (6.) Records Retention
• Section E. (5.) Monitoring Reports
1. Reporting Requirements [Supersedes Section D. (2.) and Section E. (5.) (a)1
The permittee shall report discharge monitoring data electronically using the NC DWR's Electronic
Discharge Monitoring Report(eDMR) internet application.
Monitoring results obtained during the previous month(s) shall be summarized for each month and submitted
electronically using eDMR. The eDMR system allows permitted facilities to enter monitoring data and
submit DMRs electronically using the internet. Until such time that the state's eDMR application is
compliant with EPA's Cross-Media Electronic Reporting Regulation(CROMERR),permittees will be
required to submit all discharge monitoring data to the state electronically using eDMR and will be required
to complete the eDMR submission by printing, signing, and submitting one signed original and a copy of the
computer printed eDMR to the following address:
NC DEQ/Division of Water Resources/Water Quality Permitting Section
ATTENTION: Central Files
1617 Mail Service Center
Raleigh,North Carolina 27699-1617
If a permittee is unable to use the eDMR system due to a demonstrated hardship or due to the facility being
physically located in an area where less than 10 percent of the households have broadband access,then a
temporary waiver from the NPDES electronic reporting requirements,may be granted and discharge
monitoring data may be submitted on paper DMR forms(MR 1, 1.1, 2, 3)or alternative forms approved by
the Director. Duplicate signed copies shall be submitted to the mailing address above.-See"How to Request
a Waiver from Electronic Reporting"section below.
Regardless of the submission method,the first DMR is due on the last day of the month following the
issuance of the permit or in the case of a new facility, on the last day of the month following the
commencement of discharge.
Starting on December 21,2020,the permittee must electronically report the following compliance
monitoring data and reports,when applicable:
• Sewer Overflow/Bypass Event Reports;
• Pretreatment Program Annual Reports; and
• Clean Water Act(CWA) Section 316(b)Annual Reports.
Page 8 of 11

Permit No.NC0040797
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:
http s://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
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:
Page 9 of 11

Permit No.NC0040797
"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].
•
•
Page 10 of 11

Permit No. NC0040797
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City of Hickory -Catawba County
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Receiving Stream: Henry Fork River Stream Class:C
Drainage Basin: Catawba River Basin Sub-Basin:03-08-35
Permitted Flow: 9.0 MGD HUC:03050102
State Grid/USGS Quad: E13NE/Hickory,N.C. Latitude 35°40'31"N Longitude 81° 18'56"W
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i.
PART II
STANDARD CONDITIONS FOR NPDES PERMITS
Section A. Definitions
2/Month
Samples are collected twice per month with at least ten calendar days between sampling events.These samples shall be
representative of the wastewater discharged during the sample period.
3/Week
Samples are collected three times per week on three separate calendar days.These samples shall be representative of
the wastewater discharged during the sample period.
Act or"the Act"
The Federal Water Pollution Control Act, also known as the Clean Water Act(CWA), as amended,33 USC 1251,et.
seq.
Annual Average
The arithmetic mean of all "daily discharges" of a pollutant measured during the calendar year.In the case of fecal
coliform,the geometric mean of such discharges.
Arithmetic Mean
The summation of the individual values divided by the number of individual values.
Bypass
The known diversion of waste streams from any portion of a treatment facility including the collection system,which is
not a designed or established or operating mode for the facility.
Calendar Day
The period from midnight of one day until midnight of the next day.However,for purposes of this permit, any
consecutive 24-hour period that reasonably represents the calendar day may be used for sampling.
Calendar Week
The period from Sunday through the following Saturday.
Calendar Quarter
One of the following distinct periods:January through March,April through June,July through September,and
October through December.
Composite Sample
A sample collected over a 24-hour period by continuous sampling or combining grab samples of at least 100 mL in
such a manner as to result in a total sample representative of the wastewater discharge during the sample period.The
Director may designate the most appropriate method(specific number and size of aliquots necessary,the time interval
between grab samples, etc.)on a case-by-case basis. Samples may be collected manually or automatically. Composite
samples may be obtained by the following methods:
(1) Continuous: a single,continuous sample collected over a 24-hour period proportional to the rate of flow.
(2) Constant time/variable volume: a series of grab samples collected at equal time intervals over a 24 hour period
of discharge and combined proportional to the rate of flow measured at the time of individual sample
collection,or
(3) Variable time/constant volume: a series of grab samples of equal volume collected over a 24 hour period with
the time intervals between samples determined by a preset number of gallons passing the sampling point.Flow
measurement between sample intervals shall be determined by use of a flow recorder and totalizer,and the
preset gallon interval between sample collection fixed at no greater than 1/24 of the expected total daily flow at
the treatment system,or
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A
(4) Constant time/constant volume: a series of grab samples of equal volume collected over a 24-hour period at a
constant time interval.Use of this method requires prior approval by the Director.This method may only be
used in situations where effluent flow rates vary less than 15 percent.The following restrictions also apply:
> Influent and effluent grab samples shall be of equal size and of no less than 100 milliliters
> Influent samples shall not be collected more than once per hour.
> Permittees with wastewater treatment systems whose detention time<24 hours shall collect effluent grab
samples at intervals of no greater than 20 minutes apart during any 24-hour period.
➢ Permittees with wastewater treatment systems whose detention time exceeds 24 hours shall collect effluent
grab samples at least every six hours;there must be a minimum of four samples during a 24-hour sampling
period.
Continuous flow measurement
Flow monitoring that occurs without interruption throughout the operating hours of the facility.Flow shall be
monitored continually except for the infrequent times when there may be no flow or for infrequent maintenance
activities on the flow device.
Daily Discharge
The discharge of a pollutant measured during a calendar day or any 24-hour period that reasonably represents the
calendar day for purposes of sampling.For pollutants measured in units of mass,the"daily discharge" is calculated as
the total mass of the pollutant discharged over the day.For pollutants expressed in other units of measurement,the
"daily discharge"is calculated as the average measurement of the pollutant over the day. (40 CFR 122.2; see also
"Composite Sample,"above.)
Daily Maximum
The highest"daily discharge"during the calendar month.
Daily Sampling
Parameters requiring daily sampling shall be sampled 5 out of every 7 days per week unless otherwise specified in the
permit. Sampling shall be conducted on weekdays except where holidays or other disruptions of normal operations
prevent weekday sampling.If sampling is required for all seven days of the week for any permit parameter(s),that
requirement will be so noted on the Effluent Limitations and Monitoring Page(s).
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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Hazardous Substance
Any substance designated under 40 CFR Part 116 pursuant to Section 311 of the CWA.
Instantaneous flow measurement
The flow measured during the minimum time required for the flow measuring device or method to produce a result in
that instance.To the extent practical, instantaneous flow measurements coincide with the collection of any grab
samples required for the same sampling period so that together the samples and flow are representative of the discharge
during that sampling period.
Monthly Average(concentration limit)
The arithmetic mean of all "daily discharges" of a pollutant measured during the calendar month.In the case of fecal
coliform or other bacterial parameters or indicators,the geometric mean of such discharges.
Permit Issuing Authority
The Director of the Division of Water Resources.
Quarterly Average(concentration limit)
The arithmetic mean of all samples taken over a calendar quarter.
Severe property damage
Substantial physical damage to property,damage to the treatment facilities which causes them to become inoperable,or
substantial and permanent loss of natural resources which can reasonably be expected to occur in the absence of a
bypass. Severe property damage excludes economic loss caused by delays in production.
Toxic Pollutant:
Any pollutant listed as toxic under Section 307(a)(1)of the CWA.
Upset
An incident beyond the reasonable control of the Permittee causing unintentional and temporary noncompliance with
permit effluent limitations and/or monitoring requirements.An upset does not include noncompliance caused by
operational error, improperly designed treatment facilities,inadequate treatment facilities,lack of preventive
maintenance,or careless or improper operation.
ra.-
Weekly Average(concentration limit)
The arithmetic mean oil "daily discharges" of a pollutant measured during the calendar week. In the case of fecal
coliform or other bacterial parameters or indicators,the geometric mean of such discharges.
Section B. General Conditions
1. Duty to Comply
The Permittee must comply with all conditions of this permit.Any permit noncompliance constitutes a violation of
the CWA and is grounds for enforcement action;for permit termination,revocation and reissuance,or
modification;or denial of a permit renewal application [40 CFR 122.41].
a. The Permittee shall comply with effluent standards or prohibitions established under section 307(a)of the
CWA for toxic pollutants and with standards for sewage sludge use or disposal established under section
405(d)of the CWA within the time provided in the regulations that establish these standards or prohibitions or
standards for sewage sludge use or disposal,even if the permit has not yet been modified to incorporate the
requirement.
b. The CWA provides that any person who violates section[s] 301,302,306,307,308,318 or 405 of the Act,or
any permit condition or limitation implementing any such sections in a permit issued under section 402,or any
requirement imposed in a pretreatment program approved under sections 402(a)(3)or 402(b)(8)of the Act, is
subject to a civil penalty not to exceed$37,500 per day for each violation. [33 USC 1319(d)and 40 CFR
122.41(a)(2)]
c. The CWA provides that any person who negligently violates sections 301,302,306,307,308,318,or 405 of
the Act, or any condition or limitation implementing any of such sections in a permit issued under section 402
of the Act,or any requirement imposed in a pretreatment program approved under section 402(a)(3)or
402(b)(8)of the Act, is subject to criminal penalties of$2,500 to$25,000 per day of violation,or
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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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7. Severability
The provisions of this permit are severable.If any provision of this permit,or the application of any provision of
this permit to any circumstances, is held invalid,the application of such provision to other circumstances,and the
remainder of this permit,shall not be affected thereby [NCGS 150B-23].
8. Duty to Provide Information
The Permittee shall furnish to the Permit Issuing Authority,within a reasonable time,any information which the
Permit Issuing Authority may request to determine whether cause exists for modifying,revoking and reissuing,or
terminating this permit or to determine compliance with this permit.The Permittee shall also furnish to the Permit
Issuing Authority upon request, copies of records required by this permit[40 CFR 122.41(h)].
9. Duty to Reapply
If the Permittee wishes to continue an activity regulated by this permit after the expiration date of this permit,the
Permittee must apply for and obtain a new permit[40 CFR 122.41(b)].
10. Expiration of Permit
The Permittee is not authorized to discharge after the expiration date.In order to receive automatic authorization to
discharge beyond the expiration date,the Permittee shall submit such information,forms, and fees as are required
by the agency authorized to issue permits no later than 180 days prior to the expiration date unless permission for a
later date has been granted by the Director. (The Director shall not grant permission for applications to be
submitted later than the expiration date of the existing permit.) [40 CFR 122.21(d)] Any Permittee that has not
requested renewal at least 180 days prior to expiration,or any Permittee that does not have a permit after the
expiration and has not requested renewal at least 180 days prior to expiration,will subject the Permittee to
enforcement procedures as provided in NCGS 143-215.6 and 33 USC 1251 et. seq.
11. Signatory Requirements
All applications,reports,or information submitted to the Permit Issuing Authority shall be signed and certified[40
CFR 122.41(k)].
a. All permit applications shall be signed as follows:
(1) For a corporation: by a responsible corporate officer.For the purpose of this Section,a responsible
corporate officer means: (a)a president, secretary,treasurer or vice president of the corporation in charge
of a principal business function,or any other person who performs similar policy or decision making
functions for the corporation,or(b)the manager of one or more manufacturing,production,or operating
facilities,provided,the manager is authorized to make management decisions which govern the operation
of the regulated facility including having the explicit or implicit duty of making major capital investment
recommendations,and initiating and directing other comprehensive measures to assure long term
environmental compliance with environmental laws and regulations;the manager can ensure that the
necessary systems are established or actions taken to gather complete and accurate information for permit
application requirements;and where authority to sign documents has been assigned or delegated to the
manager in accordance with corporate procedures .
(2) For a partnership or sole proprietorship: by a general partner or the proprietor,respectively; or
(3) For a municipality, State,Federal,or other public agency: by either a principal executive officer or
ranking elected official [40 CFR 122.22].
b. All reports required by the permit and other information requested by the Permit Issuing Authority shall be
signed by a person described in paragraph a. above or by a duly authorized representative of that person.A
person is a duly authorized representative only if:
(1) The authorization is made in writing by a person described above;
(2) The authorization specified either an individual or a position having responsibility for the overall operation
of the regulated facility or activity,such as the position of plant manager,operator of a well or well field,
superintendent, a position of equivalent responsibility,or an individual or position having overall
responsibility for environmental matters for the company. (A duly authorized representative may thus be
either a named individual or any individual occupying a named position.); and
(3) The written authorization is submitted to the Permit Issuing Authority [40 CFR 122.22]
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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 cert0, 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 fee in a timely manner in accordance with 15A NCAC 02H.0105(b)(2)
may cause this Division to initiate action to revoke the permit.
Section C. Operation and Maintenance of Pollution Controls
1. Certified Operator
Owners of classified water pollution control systems must designate operators,certified by the Water Pollution
Control System Operators Certification Commission(WPCSOCC),of the appropriate type and grade for the
system, and,for each classification must[T15A NCAC 08G .0201]:
a. designate one Operator In Responsible Charge(ORC)who possesses a valid certificate of the type and grade at
least equivalent to the type and grade of the system;
b. designate one or more Back-up Operator(s)in Responsible Charge(Back-up ORCs)who possesses a valid
certificate of the type of the system and no more than one grade less than the grade of the system,with the
exception of no backup operator in responsible charge is required for systems whose minimum visitation
requirements are twice per year; and
c. submit a signed completed"Water Pollution Control System Operator Designation Form"to the Commission
(or to the local health depth tinent 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) within seven calendar days of vacancies in both ORC and Back-up ORC positions replacing or designating
at least one of the responsibilities.
The ORC of each Class I facility (or the Back-up ORC,when acting as surrogate for the ORC)must:
> Visit the facility as often as is necessary to insure proper operation of the treatment system;the treatment
facility must be visited at least weekly
D Comply with all other conditions of 15A NCAC 08G .0204.
The ORC of each Class II,III and IV facility(or the Back-up ORC,when acting as surrogate for the ORC)must:
> Visit the facility as often as is necessary to insure proper operation of the treatment system;the treatment
facility must be visited at least five days per week,excluding holidays
> Properly manage and document daily operation and maintenance of the facility
D Comply with all other conditions of 15A NCAC 08G .0204.
2. Proper Operation and Maintenance
The Permittee shall at all times properly operate and maintain all facilities and systems of treatment and control
(and related appurtenances)which are installed or used by the Permittee to achieve compliance with the conditions
of this permit.Proper operation and maintenance also includes adequate laboratory controls and appropriate quality
assurance procedures. This provision requires the Permittee to install and operate backup or auxiliary facilities only
when necessary to achieve compliance with the conditions of the permit[40 CFR 122.41(e)].
NOTE: Properly and officially designated operators are fully responsible for all proper operation and maintenance
of the facility,and all documentation required thereof,whether acting as a contract operator[subcontractor] or a
member of the Permittee's staff.
3. Need to Halt or Reduce not a Defense
It shall not be a defense for a Permittee in an enforcement action that it would have been necessary to halt or
reduce the permitted activity in order to maintain compliance with the condition of this permit[40 CFR 122.41(c)].
4. Bypassing of Treatment Facilities
a. Bypass not exceeding limitations [40 CFR 122.41(m)(2)]
The Permittee may allow any bypass to occur which does not cause effluent limitations to be exceeded,but
only if it also is for essential maintenance to assure efficient operation.These bypasses are not subject to the
provisions of Paragraphs b. and c. of this section.
b. Notice [40 CFR 122.41(m)(3)]
(1) Anticipated bypass. If the Permittee knows in advance of the need for a bypass,it shall submit prior notice,
if possible at least ten days before the date of the bypass; including an evaluation of the anticipated quality
and effect of the bypass.
(2) Unanticipated bypass.The Permittee shall submit notice of an unanticipated bypass as required in Part
II.E.6. (24-hour notice).
c. Prohibition of Bypass
(1) Bypass from the treatment facility is prohibited and the Permit Issuing Authority may take enforcement
action against a Permittee for bypass,unless:
(A) Bypass was unavoidable to prevent loss of life,personal injury or severe property damage;
(B) There were no feasible alternatives to the bypass, such as the use of auxiliary treatment facilities,
retention of untreated wastes or maintenance during normal periods of equipment downtime. This
condition is not satisfied if adequate backup equipment should have been installed in the exercise of
reasonable engineering judgment to prevent a bypass which occurred during normal periods of
equipment downtime or preventive maintenance;and
(C) The Permittee submitted notices as required under Paragraph b. of this section.
(2) Bypass from the collection system is prohibited and the Permit Issuing Authority may take enforcement
action against a Permittee for a bypass as provided in any current or future system-wide collection system
permit associated with the treatment facility.
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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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NC DEQ/Division of Water Resources/Water Quality Permitting Section
ATTENTION: Central Files
1617 Mail Service Center
Raleigh,North Carolina 27699-1617
3. Flow Measurements
Appropriate flow measurement devices and methods consistent with accepted scientific practices shall be selected
and used to ensure the accuracy and reliability of measurements of the volume of monitored discharges.The
devices shall be installed,calibrated and maintained to ensure that the accuracy of the measurements is consistent
with the accepted capability of that type of device.Devices selected shall be capable of measuring flows with a
maximum deviation of less than 10%from the true discharge rates throughout the range of expected discharge
volumes.Flow measurement devices shall be accurately calibrated at a minimum of once per year and maintained
to ensure that the accuracy of the measurements is consistent with the accepted capability of that type of device.
The Director shall approve the flow measurement device and monitoring location prior to installation.
Once-through condenser cooling water flow monitored by pump logs,or pump hour meters as specified in Part I of
this permit and based on the manufacturer's pump curves shall not be subject to this requirement.
4. Test Procedures
Laboratories used for sample analysis must be certified by the Division. Permittees should contact the Division's
Laboratory Certification Section(919 733-3908)or visit https://deq.nc.gov/about/divisions/water-resources/water-
resources-data/water-sciences-home-page/laboratory-certification-branch for information regarding laboratory
certifications.
Facilities whose personnel are conducting testing of field-certified parameters only must hold the appropriate field
parameter laboratory certifications.
Test procedures for the analysis of pollutants shall conform to the EMC regulations(published pursuant to NCGS
143-215.63 et. seq.),the Water and Air Quality Reporting Acts,and to regulations published pursuant to Section
304(g), 33 USC 1314,of the CWA(as amended),and 40 CFR 136; or in the case of sludge use or disposal,
approved under 40 CFR 136,unless otherwise specified in 40 CFR 503,unless other test procedures have been
specified in this permit[40 CFR 122.41].
To meet the intent of the monitoring required by this permit, all test procedures must produce minimum detection
and reporting levels that are below the permit discharge requirements and all data generated must be reported down
to the minimum detection or lower reporting level of the procedure. If no approved methods are determined
capable of achieving minimum detection and reporting levels below permit discharge requirements,then the most
sensitive(method with the lowest possible detection and reporting level)approved method must be used.
5. Penalties for Tampering
The CWA provides that any person who falsifies,tampers with,or knowingly renders inaccurate,any monitoring
device or method required to be maintained under this permit shall,upon conviction,be punished by a fine of not
more than$10,000 per violation,or by imprisonment for not more than two years per violation,or by both.If a
conviction of a person is for a violation committed after a first conviction of such person under this paragraph,
punishment is a fine of not more than$20,000 per day of violation,or by imprisonment of not more than 4 years,
or both[40 CFR 122.41].
6. Records Retention
Except for records of monitoring information required by this permit related to the Permittee's sewage sludge use
and disposal activities,which shall be retained for a period of at least five years (or longer as required by 40 CFR
503),the Permittee shall retain records of all monitoring information, including:
➢ all calibration and maintenance records
> all original strip chart recordings for continuous monitoring instrumentation
> copies of all reports required by this permit
> copies of all data used to complete the application for this permit
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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 122.42(a)(1);or
c. The alteration or addition results in a significant change in the Permittee's sludge use or disposal practices,and
such alteration,addition or change may justify the application of permit conditions that are different from or
absent in the existing permit,including notification of additional use or disposal sites not reported during the
permit application process or not reported pursuant to an approved land application plan.
3. Anticipated Noncompliance
The Permittee shall give advance notice to the Director of any planned changes to the permitted facility or other
activities that might result in noncompliance with the permit[40 CFR 122.41(1)(2)].
4. Transfers
This permit is not transferable to any person without prior written notice to and approval from the Director in
accordance with 40 CFR 122.61.The Director may condition approval in accordance with NCGS 143-215.1,in
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particular NCGS 143-215.1(b)(4)b.2.,and may require modification or revocation and reissuance of the permit,or
a minor modification,to identify the new permittee and incorporate such other requirements as may be necessary
under the CWA [40 CFR 122.41(1)(3), 122.61] or state statute.
5. Monitoring Reports
Monitoring results shall be reported at the intervals specified elsewhere in this permit[40 CFR 122.41(1)(4)].
a. Monitoring results must be reported on a Discharge Monitoring Report(DMR)(See Part II.D.2)or forms
provided by the Director for reporting results of monitoring of sludge use or disposal practices.
b. If the Permittee monitors any pollutant more frequently than required by this permit using test procedures
approved under 40 CFR Part 136 and at a sampling location specified in this permit or other appropriate
instrument governing the discharge,the results of such monitoring shall be included in the calculation and
reporting of the data submitted on the DMR.
6. Twenty-four Hour Reporting
a. The Permittee shall report to the Director or the appropriate Regional Office any noncompliance that
potentially threatens public health or the environment.Any information shall be provided orally within 24
hours from the time the Permittee became aware of the circumstances.A written submission shall also be
provided within 5 days of the time the Permittee becomes aware of the circumstances.The written submission
shall contain a description of the noncompliance,and its cause;the period of noncompliance, including exact
dates and times, and if the noncompliance has not been corrected,the anticipated time it is expected to
continue; and steps taken or planned to reduce,eliminate,and prevent reoccurrence of the noncompliance [40
CFR 122.41(1)(6)].
b. The Director may waive the written report on a case-by-case basis for reports under this section if the oral
report has been received within 24 hours.
c. Occurrences outside normal business hours may also be reported to the Division's Emergency Response
personnel at(800) 858-0368 or(919)733-3300.
7. Other Noncompliance
The Permittee shall report all instances of noncompliance not reported under Part II.E.5 and 6. of this permit at the
time monitoring reports are submitted.The reports shall contain the information listed in Part II.E.6. of this permit
[40 CFR 122.41(1)(7)].
8. Other Information
Where the Permittee becomes aware that it failed to submit any relevant facts in a permit application,or submitted
incorrect information in a permit application or in any report to the Director, it shall promptly submit such facts or
information [40 CFR 122.41(1)(8)].
9. Noncompliance Notification
The Permittee shall report by telephone to either the central office or the appropriate regional office of the Division
as soon as possible,but in no case more than 24 hours or on the next working day following the occurrence or first
knowledge of the occurrence of any of the following:
a. Any occurrence at the water pollution control facility which results in the discharge of significant amounts of
wastes which are abnormal in quantity or characteristic,such as the dumping of the contents of a sludge
digester;the known passage of a slug of hazardous substance through the facility; or any other unusual
circumstances.
b. Any process unit failure,due to known or unknown reasons,that render the facility incapable of adequate
wastewater treatment such as mechanical or electrical failures of pumps, aerators,compressors, etc.
c. Any failure of a pumping station,sewer line, or treatment facility resulting in a by-pass without treatment of all
or any portion of the influent to such station or facility.
Persons reporting such occurrences by telephone shall also file a written report within 5 days following first
knowledge of the occurrence.Also see reporting requirements for municipalities in Part IV.C.2.c.of this permit.
10. Availability of Reports
Except for data determined to be confidential under NCGS 143-215.3 (a)(2)or Section 308 of the Federal Act,33
USC 1318,all reports prepared in accordance with the terms shall be available for public inspection at the offices
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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 143-215.1C).The report shall summarize the
performance of the collection or treatment system,as well as the extent to which the facility was compliant with
applicable Federal or State laws,regulations and rules pertaining to water quality.The report shall be provided no
later than sixty days after the end of the calendar or fiscal year,depending upon which annual period is used for
evaluation.
The report shall be sent to:
NC 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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