NC0024911_Issuance of Permit_20180906

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ROY COOPER NORTH CAROLINA
Governor Environmental Quality
MICHAEL S.REGAN
Secretary
LINDA CULPEPPER
Interim Director September 6, 2018
Mr. Thomas E. Hartye
General Manager
Metropolitan Sewerage District of Buncombe County
2028 Riverside Dr.
Asheville,North Carolina 28804
Subject: Issuance of NPDES Permit
Permit NC0024911
Broad River WRF
Buncombe County
Grade IV Biological WPCS
SIC Code 4952
Dear Mr. Hartye:
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 final permit maintains the following significant changes identified in the letter sent on
May 29, 2018:
• The NC 2007-2014 Water Quality Standard(WQS) Triennial Review was approved by
the NC Environmental Management Committee(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
hardness and instream hardness sampling,upstream of the discharge, has been added to
this permit at a monitoring frequency of quarterly. See Section A. (1) Effluent
Limitations and Monitoring Requirements.
•
D E
WORN CAROUNA
tOt Environmental
North Carolina Department of Environmental Quality I Division of Water Resources
512 North Salisbury Street 11611 Mail Service Center I Raleigh,North Carolina 27699-1611
919.707.9000

• The Division's ammonia policy was modified in 2016 since EPA no longer supports a
toxicity test instead of ammonia limits. Based on EPA's guidance"Aquatic Life Ambient
Water Quality Criteria for Ammonia—Freshwater 2013", limitations for ammonia will
be implemented in the permit renewal [See Section A. (1)]. These limits will become
effective on October 1, 2030, and a 12-year compliance schedule for ammonia has been
added to the permit [See Special Condition A. (8)].
• Upstream and downstream monitoring for Fecal Coliform has been removed from the
permit since the receiving stream is not impaired for Fecal Coliform.
• Based on the Reasonable Potential Analysis, quarterly monitoring for Cyanide, Total
Copper, and Total Zinc have been removed from the permit.
• All effluent samples reported for silver were less than detection, at a detection level of less
than 5.0 µg/L. In accordance with 15A NCAC 2B .0500 all test procedures must produce
detection and reporting levels that are below the permit discharge requirements and all data
generated must be reported to the approved detection level or lower reporting level of the
procedure. Currently, DWR's laboratory identifies the Practical Quantitation Limit(PQL)
for silver at< 1 µg/L. The allowable discharge concentration for your facility is 0.51 µg/L.
Therefore, future sampling for silver as part of the facility's Pretreatment Program and
Effluent Pollutant Scans should analyze these parameters down to the lower reporting level
of the procedure or PQLs as listed above. No limits or additional monitoring requirements
for silver were added to the permit at this time. Please be aware, if these measures do not
result in silver concentrations consistently less than the PQL, a limit will be added to the
permit during the next renewal.
• Some of the wording has changed in Special Condition A. (2). Chronic Toxicity Permit
Limit, please review each paragraph carefully.
• Special Condition A. (3)has been modified to include the specific three years in which the
Effluent Pollutant Scans shall be performed(2019,2020, and 2021). In addition, at the end
of the Special Condition,2nd species Toxicity Testing Requirements for municipal permit
renewals per Federal Regulations [40 CFR 122.21(j)(5)] have been added.
• Effluent mercury data was reviewed from February 2012 to August 2016. The Permittee
started testing effluent mercury using EPA test Method 1631E in 2012. In accordance with
the 2012 Mercury TMDL NPDES Guidance the permittee needs to show annual mean
effluent concentrations below the Water Quality Based Effluent Limitation (WQBEL) of
102.2 ng/L and no exceedance of the Technology Based Effluent Limitation(TBEL)of 47
ng/L. A review of the data showed that the annual averages were below the WQBEL and
all data below the TBEL, therefore, no mercury limitation is required.
All twenty-three low level effluent mercury samples collected since February 2012 were
over 1 ng/L.As a result,a Mercury Minimization Plan(MMP)requirement has been added
to this permit renewal. See Special Condition A. (5). Please note that the Permittee shall
develop and implement a MMP during this permit term. The MMP shall be developed by
April 1,2019, and shall be available for inspection on-site. A sample MMP was developed
NORTH CAROUNA
Department al Enviro m ent.]Qualiy�
North Carolina Department of Environmental Quality I Division of Water Resources
512 North Salisbury Street 11611 Mail Service Center I Raleigh,North Carolina 27699-1611

through a stakeholder review process and has been placed on the Division website for
guidance (https://deq.nc.gov/about/divisions/water-resources/water-resources-
permits/wastewater-branch/npdes-wastewater-permits, under NC Model Mercury
Minimization Plan).
• Special Condition A. (6) Groundwater Requirements has been revised. Detailed
groundwater monitoring requirements and sampling plan have been included in the
attachment to the permit(See Attachment 1).The Permittee shall work directly with DWR
Ashville Regional Office on the sampling plan. If any change is made to the sampling plan,
the Permittee shall submit the approved plan to the Division's NPDES Complex Permitting
Section.
• Federal regulations require electronic submittal of all discharge monitoring reports
(DMRs) and program reports. The requirement to continue reporting discharge monitoring
data electronically using the NC DWR's Electronic Discharge Monitoring Report(eDMR)
internet application has been updated in the permit. [See Special Condition A. (9)]
• Regulatory citations have been added to the permit.
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 Bing Bai at [phone] or
via email at [e-mail].
Sincerely,
i /
- /jd.-fig /
nda Culpe► ter
it4
terim Director, Division of Water Resources,NCDEQ
CC: NPDES Files
Central Files
DWR/Asheville Regional Office/Water Quality
US EPA Region 4
DWR/Aquatic Toxicology Branch/Susan Meadows
LD_EQ)NORTH CAROLINA
Depafbnenf of frmironmemel WeBly
North Carolina Department of Environmental Quality I Division of Water Resources
512 North Salisbury Street 11611 Mail Service Center I Raleigh,North Carolina 27699-1611

Permit NC0024911
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,
Metropolitan Sewerage District of Buncombe County
is hereby authorized to discharge wastewater from a facility located at the
French Broad River WRF
2225 Riverside Drive
Woodfin, North Carolina
Buncombe County
to receiving waters designated as the French Broad River in the French Broad 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 October 1,2018.
This permit and authorization to discharge shall expire at midnight on December 31, 2022.
Signed this day September 6,2018.
Ai& a,
:nd Culpepper,Uri' irector
` • ision of Water Resources
By Authority of the Environmental Management Commission

Permit NC0024911
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.
Metropolitan Sewerage District of Buncombe County is hereby authorized to:
1. Continue to operate an existing 40 MGD wastewater treatment facility consisting of the following
components:
• Two multi-rake mechanical bar screens
• Two vortex grit basins
• Three influent pumps with capacity of 35 MGD each
• Instrumental flow measurement
• Three perforated-plate mechanical fine screens
• 1st,2nd, and 3rd stage RBCs (152 total)
• Three intermediate pumps
• Four intermediate clarifier cells(total volume 2 MG)
• Effluent chlorination(liquid sodium hypochlorite)
• Effluent de-chlorination(liquid sodium bi-sulfate))
• Two gravity sludge thickeners-100 ft diameter each
• Tow 2.1 MG surge tanks
• Three surge pumps with capacity of 5 MGD each
• Two 2.5-meter belt filter presses (gravity and pressure sections)
• Fluidized bed incinerator(40 DT/day rated)
• One 2 MW back-up generator(diesel)
• Two 1 MW back-up generators(diesel)
• • 192 cloth-media filter disks (10 micron)
• Two 450 KW gas generators
• Three 850 KW hydro turbines(French Broad River source)
• 17-acre ash storage lagoon
• SCADA—PC/PLC Control System—full automated control of WRF
The facility is located at the MSD Buncombe County WRF on 2225 Riverside Drive in Woodfin,Buncombe
County;
2. Discharge from said treatment works via Outfall 001, at the location specified on the attached map into the
French Broad River, currently classified as B water in subbasin 04-03-02 [RUC: 06010105] of the French
Broad River Basin.
Page 2 of 12

Permit NC0024911
Part I
A. (1) EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS
[15A NCAC 02B.0400 et seq., 15A NCAC 02B.0500 et seq.]
Grade IV Biological WPCS [15A NCAC 08G .0302]
Beginning on the effective date of this permit and lasting until expiration,the Permittee is authorized to
discharge treated wastewater through Outfall 001. Such discharges shall be limited and monitored' by the
Permittee as specified below:
Effluent Characteristics Discharge Limitations Monitoring Requirements
Parameter Code Monthly Weekly Daily - Measurement Sample Sample Location 2
Average Average Maximum Frequency Type
Flow 50050 40 MGD Continuous Recording Influent or Effluent
CBOD,5-day,20°C 3 80082 25.0 mg/L 40.0 mg/L Daily Composite Influent and Effluent
Total Suspended Solids 3 C0530 30.0 mg/L 45.0 mg/L Daily Composite Influent and Effluent
NH3 as N(mg/L) C0610 Daily Composite Effluent
NH3 as N
(April 1—October 31)4 C0610 14.0 mg/L 35.0 mg/L Daily Composite Effluent
NH3 as N C0610 31.7 mg/L 35.0 mg/L Daily Composite Effluent
(November 1—March 31)4
Dissolved Oxygen 00300 Daily Average not less than 5.0 mg/L Daily Grab Effluent
Total Residual Chlorine 5 50060 28 µg/L Daily Grab Effluent
Fecal Coliform 31616 200/100m1 400/100m1 Daily Grab Effluent
(geometric mean)
Temperature(°C) 00010 Daily Grab Effluent
pH 00400 Between 6.0 and 9.0 standard units Daily Grab Effluent
Total Nitrogen(mg/L)6 C0600 Quarterly Composite Effluent
Total Phosphorus(mg/L) C0665 Quarterly Composite ' Effluent
Conductivity(µmhos/cm) 00094 Daily Grab Effluent
Hardness-Total as 00900 Quarterly Composite Effluent
[CaCO3] (mg/L)
Chronic Toxicity 7 TGP3B Quarterly Composite Effluent
Temperature(°C) 00010 Daily Grab U&D
Conductivity(µmhos/cm) 00094 Daily Grab U&D
Dissolved Oxygen(mg/L) 00300 Variable 2 Grab U&D
Hardness-Total as 00900 Quarterly Grab U
[CaCO3] (mg/L)8
Effluent Pollutant Scan NC01 Monitor and Report Footnote 9 Footnote 9 Effluent
Footnotes:
1. The permittee shall submit discharge monitoring reports electronically using the NC DWR's eDMR
application system [see A. (9)].
2. U=Upstream at dam discharge to fish ladder adjacent to intake flume to the hydroelectric plant(Location is
approximately 2700 feet upstream of the hydroelectric plant). D =Downstream at Ledges Park. Upstream
and downstream samples shall be grab samples collected three times per week during June, July,August and
September then once per week in the remaining months of the year.
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Permit NC0024911
3. The monthly average effluent CBOD5 and Total Suspended Solids concentrations shall not exceed 15%of the
respective influent value(85%removal).
4. The limits for ammonia shall become effective on October 1,2030. This compliance schedule is provided to
allow the facility to budget,design, and build the treatment system to comply with the new ammonia limit [See
A. (8)].
5. Total residual chlorine shall be monitored only if chlorine is added to the treatment process.The Division shall
consider all effluent TRC values reported below 50 µg/L 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.
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.
7. Whole effluent toxicity will be monitored using the Pass/Fail Chronic Toxicity test with Ceriodaphnia at 12%.
Samples shall be taken in February,May,August&November [see A. (2)].
8. The permittee shall sample instream hardness upstream of the facility's discharge.The sample shall be
representative of the hardness in the receiving stream. If the permittee is a member of a monitoring coalition
program, sampling for instream hardness may be waived as long as the monitoring coalition agrees to sample
hardness at the nearest upstream location, at a minimum frequency of quarterly, and the permittee has obtained
approval from DWR-NPDES Permitting Unit that the upstream station being monitored by the Coalition is
representative of the receiving stream for this discharge. The permittee is responsible for submitting instream
hardness test results with its permit renewal application package. If Coalition membership is cancelled or the
Coalition terminates instream hardness sampling at the approved station,the permittee will immediately notify
the Division and resume sampling for instream hardness upstream of its discharge.
9. The permittee shall perform three effluent pollutant scans during the term of this permit [see A. (3)].
There shall be no discharge of floating solids or visible foam in other than trace amounts.
Page 4 of 12

Permit NC0024911
A. (2) CHRONIC TOXICITY PERMIT LIMIT (QUARTERLY)
[15A NCAC 02B.0200]
The effluent discharge shall at no time exhibit observable inhibition of reproduction or significant mortality to
Ceriodaphnia dubia at an effluent concentration of 12%.
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 fmal 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 THP3B 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 fmal 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.
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.
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Permit NC0024911
A. (3) EFFLUENT POLLUTANT SCAN
[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) Trans-1,2-dichloroethylene Bis(2-chloroethyl)ether
Chlorine(total residual,TRC) 1,1-dichloroethylene Bis(2-chloroisopropyl)ether
Dissolved oxygen 1,2-dichloropropane Bis(2-ethylhexyl)phthalate
Nitrate/Nitrite 1,3-dichloropropylene 4-bromophenyl phenyl ether
Kjeldahl nitrogen Ethylbenzene Butyl benzyl phthalate
Oil and grease Methyl bromide 2-chloronaphthalene
Phosphorus Methyl chloride 4-chlorophenyl phenyl ether
Total dissolved solids Methylene chloride Chrysene
Hardness 1,1,2,2-tetrachloroethane Di-n-butyl phthalate
Antimony Tetrachloroethylene Di-n-octyl phthalate
Arsenic Toluene Dibenzo(a,h)anthracene
Beryllium 1,1,1-trichloroethane 1,2-dichlorobenzene
Cadmium 1,1,2-trichloroethane 1,3-dichlorobenzene
Chromium Trichloroethylene 1,4-dichlorobenzene
Copper Vinyl chloride 3,3-dichlorobenzidine
Lead Acid-extractable compounds: Diethyl phthalate
Mercury(EPA Method 1631E) P-chloro-m-cresol Dimethyl phthalate
Nickel 2-chlorophenol 2,4-dinitrotoluene
Selenium 2,4-dichlorophenol 2,6-dinitrotoluene
Silver 2,4-dimethylphenol 1,2-diphenylhydrazine
Thallium 4,6-dinitro-o-cresol Fluoranthene
Zinc 2,4-dinitrophenol Fluorene
Cyanide 2-nitrophenol Hexachlorobenzene
Total phenolic compounds 4-nitrophenol Hexachlorobutadiene
Volatile organic compounds: Pentachlorophenol Hexachlorocyclo-pentadiene
Acrolein Phenol Hexachloroethane
Acrylonitrile 2,4,6-trichlorophenol Indeno(1,2,3-cd)pyrene
Benzene Base-neutral compounds: Isophorone
Bromoform Acenaphthene Naphthalene
Carbon tetrachloride Acenaphthylene Nitrobenzene
Chlorobenzene Anthracene N-nitrosodi-n-propylamine
Chlorodibromomethane Benzidine N-nitrosodimethylamine
Chloroethane Benzo(a)anthracene N-nitrosodiphenylamine
2-chloroethylvinyl ether Benzo(a)pyrene Phenanthrene
Chloroform 3,4 benzofluoranthene Pyrene
Dichlorobromomethane Benzo(ghi)perylene 1,2,4-trichlorobenzene
1,1-dichloroethane Benzo(k)fluoranthene
1,2-dichloroethane Bis(2-chloroethoxy)methane
Reporting. Test results shall be reported on DWR Form-A MR-PPA1 (or in a form approved by the Director)by
December 31'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.
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Permit NC0024911
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). The US EPA requires four(4)toxicity
tests for a test organism other than the test species currently required in this permit. The multiple 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. These tests shall
be performed for acute or chronic toxicity,whichever is specified in this permit. The multiple 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) PRETREATMENT MONITORING
Ground Water remediation sites discharging to MSD Buncombe WRF with locally issued permits shall be
considered as Non-Significant Industrial Users and shall have no specific requirements for parameter limits or
monitoring frequency if they do not discharge more than 25,000 gallons of industrial process wastewater per day,
they do not discharge more than 5 %of the Maximum Allowable Headworks Loading(MAHL) of any pollutant to
the MSD Buncombe WRF,they are not a 40 CFR regulated Categorical Industry, or they do not in the opinion of
the Director of MSD Buncombe have the potential to upset or interfere with the operation of the WRF. The
Director of MSD WRF shall enforce the Sewer Use Ordinance,permit, limit,monitor, and inspect all dischargers to
his WRF as needed to assure proper operation and compliance with all NPDES effluent limits including Whole
Effluent Toxicity.
A. (5) MERCURY MINIMIZATION PLAN
[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 April 1,2019 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
(http://portal.ncdenr.org/web/wq/swp/ps/npdes,under Model Mercury Minimization Plan). 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. (6) GROUNDWATER REQUIREMENTS
[15A NCAC 2L .0200]
The permittee shall conduct groundwater monitoring to determine compliance with the current groundwater
Standards found under 15A NCAC 2L .0200.The monitoring shall be conducted in accordance with the Sampling
Plan approved by the Division(See Attachment 1).If any change is made to the Sampling Plan,the permittee shall
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Permit NC0024911
submit the modified plan to DWR Ashville Regional Office for approval, and submit the approved Sampling Plan
to the Division at the following address:
NCDEQ/Water Quality
NPDES Complex Permitting
1617 Mail Service Center
Raleigh,NC 27699-1617
A. (7) ASH STORAGE LAGOON
MSD Buncombe is permitted to operate a 17-acre lagoon for the purpose of storing incinerator ash. Effluent from
this lagoon is sent to the head of the plant for treatment. No other materials may be stored in the lagoon without
prior Division notification and approval.
A. (8) AMMONIA SCHEDULE OF COMPLIANCE
[G.S. 143-215.1(b)]
In accordance with Federal Regulations 40 CFR 122.47 the permit shall specify interim dates for the submission of
reports of progress toward completion of the interim requirements and indicate a projected completion date. The
Permittee shall submit the following interim reports until the new ammonia-nitrogen limitations specified in
Section A. (1)Effluent Limitations and Monitoring Requirements become effective by October 1, 2030.
1. By December 31,2019,the Permittee shall submit a Wastewater Treatment Optimization and Improvement
Plan to define the steps to be taken to achieve the ammonia limits.The Permittee shall also commence
construction of the High Rate Primary Treatment improvement system;
2. By December 31,2020,the Permittee shall submit a progress report summarizing the Headworks
performance testing, and the status of the optimization and improvements plan.Testing to include NH3-N,
Total N,Total BOD,and Soluble BOD at influent and effluent locations;
3. By December 31, 2021,the Permittee shall complete the installation of the High Rate Primary Treatment
system,and initiate performance testing.Testing to include N113-N,Total N,Total BOD, and Soluble BOD
at influent and effluent locations.The Permittee shall submit a progress report confirming installation and
the status of the optimization and improvements plan;
4. By December 31,2022,the Permittee shall continue High Rate Primary Treatment performance testing and
begin the Biological Treatment consultant selection.Testing to include NH3-N, Total N,Total BOD, and
Soluble BOD at influent and effluent locations.The Permittee shall submit a progress report on
performance testing results and the status of the optimization and improvements plan;
5. By December 31, 2023,the Permittee shall complete High Rate Primary Treatment system performance
testing, and begin Biological Treatment Alternatives Evaluation.The Permittee shall submit final results on
the performance testing, and the status of the optimization and improvements plan.Testing to include NH3-
N,Total N,Total BOD,and Soluble BOD at influent and effluent locations;
6. By December 31,2024,the Permittee shall submit a completed Biological Treatment Alternative
Evaluation report including the chosen alternative along with a design and construction timeline and
specific steps to be taken to achieve the ammonia-nitrogen limits;
7. By December 31,2025,the Permittee shall submit an annual report identifying the steps that have been
taken and the progress towards completing the Biological Treatment design;
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Permit NC0024911
8. By December 31, 2026,the Permittee shall complete Biological Treatment design and submit an
application for Authorization to Construct for the Biological Treatment system;
9. By December 31St of 2027 and 2028,the Permittee shall submit annual progress reports summarizing the
status of the construction of the Biological Treatment system;
10. By December 31, 2029,the Permittee shall complete the Biological Treatment system construction and
submit a progress report summarizing any Biological Treatment performance testing.Testing to include
N113-N,Total N,Total BOD, and Soluble BOD at influent and effluent locations.
11. By October 1, 2030,the Permittee shall achieve compliance with the ammonia limits in Section A. (1).
All reports shall be submitted to each of the following Division of Water Resources addresses:
(1) NCDEQ/Water Quality (2)NCDEQ/Water Quality
NPDES Complex Permitting Asheville Regional Office
1617 Mail Service Center 2090 US 70 Highway
Raleigh,NC 27699-1617 Swannanoa,NC 28778-8211
Any modifications to the schedule shall be requested to the Division at least ninety(90)days before the deadline.
Modifications to the schedule in excess of four months will be subject to public notice.
A. (9) 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
Page 9 of 12

Permit NC0024911
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.
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
Page 10 of 12

Permit NC0024911
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NC00024911 - MSD Buncombe CountyI Facility X
Latitude:, 35°39'02" Sub-Basin: 04-03-02
Longitude: 82°35'54" 'AIL 06010105 Location
Quad 1t: E8NE/Weaverville
f.;Stream Class: B
Metropol,tan Sewerage District Buncombe County
Receiving Stream: French Broad River
North NC002- 4411
911
Permitted Flow: 40.0 MGD MSD Buncombe wwry

Permit NC0024911
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 H, 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 offines 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 11 of 12

Permit NC0024911
Permit Attachment 1: Groundwater Requirements
1. Sampling Requirements:
a. Existing monitoring wells shall be sampled every January,June,and October.Detailed sampling
requirements are listed in the table below.
Groundwater Well Location Groundwater Characteristics Monitoring Requirements
Monitoring
Wells Latitude Longitude PCS Parameters Frequency Sample
Code Type
00610 Ammonia(as NH3-N) Grab
01002 Arsenic(as As) Grab
• MW-1R 01007 Barium(as Ba) January, Grab
(M87J3) 35.646387 -82.592679 01027 Cadmium(as Cd) Jae' Grab
October
00940 Chloride(as Cl) Grab
01034 Chromium(as Cr) Grab
01045 Iron(as Fe) Grab
MW-2R 01051 Lead(as Pb) January, Grab
(M87J5) 35.645495 -82.597638 01055 Manganese(as Mn) Jae' Grab
October
71900 Mercury(as Hg) Grab
00600 Nitrate(as NO3-N) Grab
00400 pH 1 Grab
00981 Selenium(as Se) January, Grab
MW-3 (M87J4) 35.646441 -82.597179 June,
01077 Silver(as Ag) October Grab
00929 Sodium(as Na) Grab
00945 Sulfate(as SO4) Grab
70300 Solids,Total Dissolved— 180°C January, Grab
00680 Carbon,Total Organic(as TOC) June, Grab
MW-4(M86J6) 35.645449 -82.59868685820 Water Level from Surface 2 October Calculated
78732 Volatile Compounds,(GC/MS) Annually 3 Grab
Footnotes:
1. The measurement of water levels shall be made prior to purging the wells. The depth to water in
each well shall be measured from the surveyed point on the top of the casing. The measurement of
pH shall be made after purging and prior to sampling for the remaining parameters.
2. The measuring points (top of well casing) of all monitoring wells shall be surveyed to provide the
relative elevation of the measuring point for each monitoring well. The measuring points (top of
casing) of all monitoring wells shall be surveyed relative to a common datum.
3. Annual sampling for volatile organic compounds shall be conducted in the month of October
exclusively.
b. Volatile organic compounds (VOCs) shall be analyzed for the following methods:
i. Standard Method 6200C (PQL at 0.5 µg/L or less),
ii. Standard Method 6200B (PQL at 0.5 µg/L or less),
iii. EPA Method 8021 (Low Concentration,PQL at 0.5 µg/L or less),

Permit NC0024911
iv. EPA Method 8260 (Low Concentration,PQL at 0.5 µg/L or less), or
v. Another method with prior approval by the Water Quality Regional Office Section
Chief.
Any of the referenced methods used for VOCs shall, at a minimum, include all of the constituents
listed in Table 6200: I of Standard Method 6200.Any method shall provide a PQL at 0.5 µg/L or
less,which shall be supported by laboratory proficiency studies required by the Division's
Laboratory Certification Unit. Any constituents detected above the MDL,but below the PQL at
0.5 µg/L, shall be qualified(i.e., estimated) and reported.
c. Any laboratory selected to analyze parameters shall be Division-certified for those parameters
required.
2. Site Mapping Requirements:
The Permittee shall submit two original copies of a site map 180 days from the effective date of the
permit with a scale no greater than 1-inch equals 100 feet.At a minimum,the map shall include the
following information:
a. The waste boundaries for the for the Ash Storage Lagoon and the major components of the waste
treatment system.
b. The location of all property boundaries.
c. The location and identity of each existing monitoring well,new monitoring wells,and any surface
water monitoring locations associated with the Ash Storage Lagoon and the wastewater treatment
system.
d. Labels for each monitoring well site will include the following:.
i. Elevation of the top of the well casing(i.e.,measuring point)relative to a common datum,
ii. Depth of the water below measuring point at the time measuring point is established, and
iii. Well depth from the land surface.
e. One contiguous compliance boundary associated with the Ash Storage Lagoon and the major
components of the waste treatment system. This boundary,based on the origination date of the
permit, is defined as 500 feet from the waste boundary or at the property boundary,whichever is
closer to the source.
f. All NPDES outfalls associated with the Ash Storage Lagoon and the wastewater treatment system.
g. The date the map is prepared and/or revised.
h. The prepared maps shall be submitted to:
Attention: NC Division of Water Resources
Asheville Regional Office
2090 US 70 Highway
Swannanoa,North Carolina 28778
3. New Monitoring Well Requirements:
a. One year from the effective date of this permit,the permittee shall Install four(4)new monitoring
wells associated with the Ash Storage Lagoon and the wastewater treatment system regulator
boundary as approved by the Asheville Regional Office Division of Water Resources(828)296-

Permit NC0024911
4500.The regional office supervisor shall be notified 48 hours in advance of any new well
construction during normal business hours, 8 AM—5 PM.The new wells shall be constructed:
i. Such that the water level is never above or below the screened(open)portion of the well at any
time,
ii. Meets requirements in 15A NCAC 02C .0108, and
iii. An identification tag is attached to the outside portion of the well cover.
b. Upon completion of the installation of the new monitoring wells, existing monitoring wells,MW1,
MW2,MW3,MW4 and two earlier background wells shall be abandoned in accordance with 15A
NCAC 02C .0113.
c. Questions concerning the requirements in this special condition should be directed to the regional
office supervisor,Asheville Regional Office(828)296-4500.
4. Low-Flow Sampling Requirements
The permittee is required to implement a low-flow sampling technique to ensure the turbidity
concentrations are less than 10 NTU's at the time groundwater samples are collected. Low-flow
sampling utilizes an adjustable rate pump(e.g. peristaltic pump)with typical flow rates on the order
of 0.03 —0.13 gallons per minute(GPM). Water level, field parameters(e.g. temperature,pH,
specific conductivity, dissolved oxygen, &oxidation reduction potential), and turbidity are all
measured simultaneously. A groundwater sample is typically collected after the field parameters and
water level have stabilized and the turbidity concentration is below 10 NTUs.
5. Reporting/Documentation Requirements
a. The results of the sampling and analysis shall be received on the most-recent version of
Groundwater Quality Monitoring: Compliance Report Forms (i.e. GW-59 &GW-59a Form)with
copies of the laboratory analyses to the Division on or before the last working day of the month
following the sampling month.
b. All reports,maps, and other documents required in the"Groundwater Requirements"section of
this permit,unless otherwise directed, shall be mailed to the following address:
Attention: NCDEQ—DWR
Information Processing Unit
1617 Mail Service Center
Raleigh,NC 27699-1617
c. Updated blank forms may be downloaded from the website below or requested from the address
listed above.
https://deq.nc.gov/about/divisions/water-resources/water-resources-permits/wastewater-
branch/non-discharge-permitting-unit/reporting-forms
6. Applicable Boundary Requirements
The Compliance boundary is specified by regulations in 15A NCAC 02L .0107(a).For disposal system's
individually permitted prior to December 30, 1983, the compliance boundary is established at a horizontal
distance of 500 feet from the waste boundary or at the property boundary,whichever is closer to the

Permit NC0024911
source.An exceedance of Groundwater Quality Standards at or beyond the Compliance Boundary is
subject to corrective action according to 15A NCAC 2L.0106 (c).
7. Additional Requirements
Any additional groundwater quality monitoring, as deemed necessary by the Division, shall be provided.

NPDES Permit Standard Conditions
Page 1 of 18
PART II
STANDARD CONDITIONS FOR NPDES PERMITS
Section A. Definitions
2/Month
Samples are collected twice per month with at least ten calendar days between sampling events.These samples shall be
representative of the wastewater discharged during the sample period.
3/Week
Samples are collected three times per week on three separate calendar days.These samples shall be representative of
the wastewater discharged during the sample period.
Act or"the Act"
The Federal Water Pollution Control Act,also known as the Clean Water Act(CWA),as amended,33 USC 1251,et.
seq.
Annual Average
The arithmetic mean of all "daily discharges" of a pollutant measured during the calendar year. In the case of fecal
coliform,the geometric mean of such discharges.
Arithmetic Mean
The summation of the individual values divided by the number of individual values.
Bypass
The known diversion of waste streams from any portion of a treatment facility including the collection system,which is
not a designed or established or operating mode for the facility.
Calendar Day
The period from midnight of one day until midnight of the next day. However,for purposes of this permit,any
consecutive 24-hour period that reasonably represents the calendar day may be used for sampling.
Calendar Week
The period from Sunday through the following Saturday.
Calendar Quarter
One of the following distinct periods:January through March,April through June,July through September, and
October through December.
Composite Sample
A sample collected over a 24-hour period by continuous sampling or combining grab samples of at least 100 mL in
such a manner as to result in a total sample representative of the wastewater discharge during the sample period.The
Director may designate the most appropriate method(specific number and size of aliquots necessary,the time interval
between grab samples, etc.)on a case-by-case basis. Samples may be collected manually or automatically. Composite
samples may be obtained by the following methods:
(1) Continuous: a single,continuous sample collected over a 24-hour period proportional to the rate of flow.
(2) Constant time/variable volume: a series of grab samples collected at equal time intervals over a 24 hour period
of discharge and combined proportional to the rate of flow measured at the time of individual sample
collection,or
(3) Variable time/constant volume: a series of grab samples of equal volume collected over a 24 hour period with
the time intervals between samples determined by a preset number of gallons passing the sampling point.Flow
measurement between sample intervals shall be determined by use of a flow recorder and totalizer,and the
preset gallon interval between sample collection fixed at no greater than 1/24 of the expected total daily flow at
the treatment system,or
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NPDES Permit Standard Conditions
Page 2 of 18
J
(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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NPDES Permit Standard Conditions
Page 3 of 18
Hazardous Substance
Any substance designated under 40 CFR Part 116 pursuant to Section 311 of the CWA.
Instantaneous flow measurement
The flow measured during the minimum time required for the flow measuring device or method to produce a result in
that instance.To the extent practical,instantaneous flow measurements coincide with the collection of any grab
samples required for the same sampling period so that together the samples and flow are representative of the discharge
during that sampling period.
Monthly Average(concentration limit)
The arithmetic mean of all "daily discharges" of a pollutant measured during the calendar month.In the case of fecal
coliform or other bacterial parameters or indicators,the geometric mean of such discharges.
Permit Issuing Authority
The Director of the Division of Water 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.
Weekly Average(concentration limit)
The arithmetic mean of all"daily discharges" of a pollutant measured during the calendar week.In the case of fecal
coliform or other bacterial parameters or indicators,the geometric mean of such discharges.
Section B. General Conditions
1. Duty to Comply
The Permittee must comply with all conditions of this permit.Any permit noncompliance constitutes a violation of
the CWA and is grounds for enforcement action;for permit termination,revocation and reissuance, or
modification; or denial of a permit renewal application [40 CFR 122.41].
a. The Permittee shall comply with effluent standards or prohibitions established under section 307(a)of the
CWA for toxic pollutants and with standards for sewage sludge use or disposal established under section
405(d) of the CWA within the time provided in the regulations that establish these standards or prohibitions or
standards for sewage sludge use or disposal,even if the permit has not yet been modified to incorporate the
requirement.
b. The CWA provides that any person who violates section[s] 301,302,306,307,308,318 or 405 of the Act,or
any permit condition or limitation implementing any such sections in a permit issued under section 402,or any
requirement imposed in a pretreatment program approved under sections 402(a)(3)or 402(b)(8)of the Act,is
subject to a civil penalty not to exceed$37,500 per day for each violation. [33 USC 1319(d)and 40 CFR
122.41(a)(2)]
c. The CWA provides that any person who negligently violates sections 301,302,306,307,308,318,or 405 of
the Act,or any condition or limitation implementing any of such sections in a permit issued under section 402
of the Act,or any requirement imposed in a pretreatment program approved under section 402(a)(3)or
402(b)(8)of the Act,is subject to criminal penalties of$2,500 to$25,000 per day of violation,or
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NPDES Permit Standard Conditions
Page 4 of 18
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 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) within seven calendar days of vacancies in both ORC and Back-up ORC positions replacing or designating
at least one of the responsibilities.
The ORC of each Class I facility(or the Back-up ORC,when acting as surrogate for the ORC)must:
> Visit the facility as often as is necessary to insure proper operation of the treatment system;the treatment
facility must be visited at least weekly
> Comply with all other conditions of 15A NCAC 08G .0204.
The ORC of each Class II,III and IV facility(or the Back-up ORC,when acting as surrogate for the ORC)must:
> Visit the facility as often as is necessary to insure proper operation of the treatment system;the treatment
facility must be visited at least five days per week,excluding holidays
> Properly manage and document daily operation and maintenance of the facility
> Comply with all other conditions of 15A NCAC 08G.0204.
2. Proper Operation and Maintenance
The Permittee shall at all times properly operate and maintain all facilities and systems of treatment and control
(and related appurtenances)which are installed or used by the Permittee to achieve compliance with the conditions
of this permit. Proper operation and maintenance also includes adequate laboratory controls and appropriate quality
assurance procedures. This provision requires the Permittee to install and operate backup or auxiliary facilities only
when necessary to achieve compliance with the conditions of the permit[40 CFR 122.41(e)].
NOTE: Properly and officially designated operators are fully responsible for all proper operation and maintenance
of the facility,and all documentation required thereof,whether acting as a contract operator[subcontractor] or a
member of the Permittee's staff.
3. Need to Halt or Reduce not a Defense
It shall not be a defense for a Permittee in an enforcement action that it would have been necessary to halt or
reduce the permitted activity in order to maintain compliance with the condition of this permit[40 CFR 122.41(c)].
4. Bypassing of Treatment Facilities
a. Bypass not exceeding limitations [40 CFR 122.41(m)(2)]
The Permittee may allow any bypass to occur which does not cause effluent limitations to be exceeded,but
only if it also is for essential maintenance to assure efficient operation.These bypasses are not subject to the
provisions of Paragraphs b.and c. of this section.
b. Notice [40 CFR 122.41(m)(3)]
(1) Anticipated bypass. If the Permittee knows in advance of the need for a bypass,it shall submit prior notice,
if possible at least ten days before the date of the bypass; including an evaluation of the anticipated quality
and effect of the bypass.
(2) Unanticipated bypass.The Permittee shall submit notice of an unanticipated bypass as required in Part
II.E.6. (24-hour notice).
c. Prohibition of Bypass
(1) Bypass from the treatment facility is prohibited and the Permit Issuing Authority may take enforcement
action against a Permittee for bypass,unless:
(A) Bypass was unavoidable to prevent loss of life,personal injury or severe property damage;
(B) There were no feasible alternatives to the bypass,such as the use of auxiliary treatment facilities,
retention of untreated wastes or maintenance during normal periods of equipment downtime.This
condition is not satisfied if adequate backup equipment should have been installed in the exercise of
reasonable engineering judgment to prevent a bypass which occurred during normal periods of
equipment downtime or preventive maintenance; and
(C) The Permittee submitted notices as required under Paragraph b. of this section.
(2) Bypass from the collection system is prohibited and the Permit Issuing Authority may take enforcement
action against a Permittee for a bypass as provided in any current or future system-wide collection system
permit associated with the treatment facility.
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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 dow--1
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 yem-s,
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 sludg,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
D 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 122.411:
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)]. =F
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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PART III
OTHER REQUIREMENTS
Section A. Construction
a. The Permittee shall not commence construction of wastewater treatment facilities,nor add to the plant's treatment
capacity,nor change the treatment process(es)utilized at the treatment plant unless(1)the Division has issued an
Authorization to Construct(AtC)permit or(2)the Permittee is exempted from such AtC permit requirements
under Item b.of this Section.
b. In accordance with NCGS 143-215.1(a5) [SL 2011-394],no permit shall be required to enter into a contract for the
construction, installation,or alteration of any treatment work or disposal system or to construct, install, or alter any
treatment works or disposal system within the State when the system's or work's principle function is to conduct,
treat, equalize,neutralize, stabilize,recycle,or dispose of industrial waste or sewage from an industrial facility and
the discharge of the industrial waste or sewage is authorized under a permit issued for the discharge of the
industrial waste or sewage into the waters of the State. Notwithstanding the above,the permit issued for the
discharge may be modified if required by federal regulation.
c. Issuance of an AtC will not occur until Final Plans and Specifications for the proposed construction have been
submitted by the Permittee and approved by the Division.
Section B. Groundwater Monitoring
The Permittee shall,upon written notice from the Director,conduct groundwater monitoring as may be required to
determine the compliance of this NPDES permitted facility with the current groundwater standards.
Section C. Changes in Discharges of Toxic Substances
The Permittee shall notify the Permit Issuing Authority as soon as it knows or has reason to believe(40 CFR 122.42):
a. That any activity has occurred or will occur which would result in the discharge, on a routine or frequent basis,of
any toxic pollutant which is not limited in the permit, if that discharge will exceed the highest of the following
"notification levels";
(1) One hundred micrograms per liter(100 µg/L);
(2) Two hundred micrograms per liter(200 µg/L)for acrolein and acrylonitrile;five hundred micrograms per liter
(500 µg/L)for 2,4-dinitrophenol and for 2-methyl-4,6-dinitrophenol; and one milligram per liter(1 mg/L)for
antimony;
(3) Five times the maximum concentration value reported for that pollutant in the permit application.
b. That any activity has occurred or will occur which would result in any discharge,on a non-routine or infrequent
basis,of a toxic pollutant which is not limited in the permit,if that discharge will exceed the highest of the
following"notification levels";
(1) Five hundred micrograms per liter(500 µg/L);
(2) One milligram per liter(1 mg/L)for antimony;
(3) Ten times the maximum concentration value reported for that pollutant in the permit application.
Section D. Facility Closure Requirements
The Permittee must notify the Division at least 90 days prior to the closure of any wastewater treatment system covered
by this permit.The Division may require specific measures during deactivation of the system to prevent adverse
impacts to waters of the State. This permit cannot be rescinded while any activities requiring this permit continue at the
permitted facility.
Version 11/09/2011.2