NC0004774_Issuance of Permit_20180917

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NORTH CAROLINA
ROY COOPER Environmental Quality
Governor
MICHAEL S.REGAN
Secretary
LINDA CULPEPPER
Interim Director
September 17, 2018
Mr. Paul Draovitch,Senior Vice President
Environmental,Health and Safety
Duke Energy Carolinas,LLC
Mail Code EC13K
P.O. Box 1006
Charlotte,North Carolina 28201-1006
Subject: Issuance of NPDES Permit
Permit NC0004774
Buck Combined Cycle Station
Rowan County
Grade PC-1 Facility,SIC 4911
Dear Mr. Draovitch:
The Division of Water Resources is forwarding herewith the Final NPDES Permit for the Buck
Combined Cycle Station.This permit renewal 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).
A public hearing was held on June 13,2018,in Salisbury,seeking public comment on the draft
permit. Comments were accepted through June 20,2018. The DWR Hearing Officer
recommended changes to the permit and fact sheet in response to the comments received,and
those have incorporated.Significant changes include the following:
• The permit becomes effective November 1,2018,and expires October 31,2023.
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North Carolina Department of Environmental Quality I Division of Water Resources
512 North Salisbury Street 11617 Mail Service Center I Raleigh,North Carolina 27699-1617
919.707.9000

Issuance of NPDES Permit
September 17,2018
• Special Conditions A.(1.) and A.(2.)have been updated to specify that the new metals
and whole effluent toxicity limits become effective May 1,2019,that is,six months after
the effective date of the permit.
• Special Conditions A.(1.) and A.(2.) (Outfall 002) and A.(4.) (Outfall 002A)have been
revised so as to prohibit the discharge of stormwater from the facilities to the ash ponds
on or after December 31,2018,per the Coal Ash Management Act.
• A footnote has been added to Special Conditions A.(3.) and A.(4.) to allow reduced
monitoring of pH at Outfalls 001A and 006 if weekly monitoring is shown to provide
representative results.
• Special Condition A.(6.) regarding Intake Screen Backwash has been partially restored to
the original version,but clarifies that the discharge is deemed permitted only if it does
not cause water quality standards violations.
• The fecal coliform limit has been removed from Special Conditions A.(3.),since domestic
sewage is now treated separately in an on-site septic tank system.
• The turbidity limits for decanting and dewatering operations at Outfalls 002 and 007
(Special Conditions B.(1.) through B.(4.)) have been reduced to 25 NTU to reflect the
water quality standard applicable to reservoirs.
• Flow limits for decanting and dewatering operations have been added for Outfall 007
(Special Conditions B.(3.) and B.(4.)) to ensure that higher-than-anticipated discharge
rates do not result in an exceedance of water quality standards.The limits are 1.73 MGD
for decanting and 0.72 MGD for dewatering.
• The monitoring frequencies for total arsenic,total selenium,and total mercury have
been increased from monthly to weekly for decanting discharges at Outfalls 002 and 007
(Special Conditions B.(1.) and B.(3.)).
• Special Condition C.(13.),CWA 316(a) Variance,has been revised to clarify that a
thermal mixing study is required to determine extent of the revised mixing zone and
that any request for continuation of the 316(a)variance is optional. The due date for
either submittal is April 22,2022,that is,3/years after permit issuance.
• Special Condition C.(14.),Intake Structure Requirements,has been revised to note that
the existing closed-cycle recirculating system is tentatively approved as satisfying BTA
standards,pending Duke's submittal of additional information per 40 CFR 122.21(r).
This submittal is also due April 22,2022.
• The fact sheet has been revised to include these corrections and updates.
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 a demand is made,this permit shall be final and binding.
Please take notice that this permit is not transferable except after notice to the Division of Water
Resources. The Division may require modification or revocation and reissuance of the permit.

Issuance of NPDES Permit
September 17,2018
This permit does not affect the legal requirements to obtain other permits which may be
required by the Division of Water Resources,the Division of Land Resources,the Coastal Area
Management Act,or any other federal or local governmental permit.
If you have any questions regarding the permit or revisions to the permit,please contact Mike
Templeton at 919-707-3603 or [e-mail] or Sergei Chernikov at 919-707-3606
or [e-mail].
Sincerely,
4, l 4,.._____
Linda Culpepper
Enclosures: Final permit NC0004774
Copies: Central Files
NPDES Files
Mooresville Regional Office,Water Resources
eCopies: US EPA,Region IV
Aquatic Toxicology Unit

Permit NC0004774
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,
Duke Energy Carolinas, LLC
is hereby authorized to discharge wastewater from a facility located at the
Buck Combined Cycle Station
1385 Dukeville Road
Salisbury
Rowan County
to receiving waters designated as the Yadkin River(upper High Rock Lake)in the Yadkin-Pee Dee River
Basin
in accordance with effluent limitations,monitoring requirements,and other conditions set forth in Parts I,II,
and III hereof.
This permit shall become effective November 1,2018.
This permit and authorization to discharge shall expire at midnight on October 31,2023.
Signed this day September 17,2018.
---(,
Linda Cul 0pper,Interim erector
Division of Water Resources
By Authority of the Environmental Management Commission

Permit NC0004774
SUPPLEMENT TO PERMIT COVER SHEET
All previous NPDES Permits issued to this facility,whether for operation or discharge are hereby revoked.As of this
permit 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.
Duke Energy Carolinas,LLC
is hereby authorized to:
1. Continue the following activities at the Buck Combined Cycle Station,comprising the former Buck
Steam Station(BSS),the Combustion Turbine Combined Cycle(CTCC)Plant,a Coal Ash Beneficiation
Plant(proposed),and associated facilities,located at 1385 Dukeville Road in Salisbury,Rowan County:
• Convey wastewaters generated at the facility to the Buck ash basin system,including water
treatment wastes,stormwater,and contaminated groundwater seepage from the BSS and low
volume wastes,cooling tower blowdown,water treatment wastes,and stormwater from the CTCC
Plant;and
• Discharge treated wastewater from the ash basin system through Outfall 002,Yard Sump emergency
overflows through Outfall 002A,and filter screenings from the raw water intake through Outfall 004
to the Yadkin River(upper High Rock Lake),classified as WS-V waters in the Yadkin-Pee Dee River
Basin,at the locations shown on the attached map;and
2. Upon elimination of all BSS wastewaters,discharge wastewaters from the CTCC and Coal Ash
Beneficiation Plants at Outfall 001A(formerly Outfall 001) or at a new Outfall 006(proposed)to the
Yadkin River at the locations shown on the attached map;and
3. Upon diversion of the CTCC discharge to Outfalls 001A or 006,discharge treated ash basin decanting
and dewatering wastes at Outfall 002 or at a new Outfall 007(proposed)to the Yadkin River at the
locations shown on the attached map;and
4. Discharge flows from constructed seeps at Outfalls 111 and 117 to an unnamed tributary to the Yadkin
River at the location shown on the attached map;and
5. Install an emergency overflow spillway at the ash settling pond in accordance with good engineering
practice and all applicable dam safety and other requirements and approvals.
ii

Permit NC0004774
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Duke Energy— Buck Steam Station
X
/'tJ NC0004774
County: Rowan
SCALE o Receiving Stream: Yadkin River(High Rock Lake)
Stream Classification: WS-V
USGS Quad #: E17NW, E17NE 1:24,000 River Basin: Yadkin-Pee Dee
Lat. 35.70716° Long. 80.37515° (i..= 2000') Sub-Basin/8-Digit HUC#:03-07-06/ 03040102
iii

Permit NC0004774
Contents
PERMIT i
SUPPLEMENT TO PERMIT COVER SHEET ii
FACILITY MAP
PART I-MONITORING,CONTROLS,AND LIMITATIONS FOR PERMTI-1'ED DISCHARGES 1
SECTION A-STEAM ELECTRIC AND COAL ASH BENEFICIATION OPERATIONS 1
A.(1.)EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS(Outfall 002-BSS+CTCC Operations) 1
A.(2.)EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS(Outfall 002-CTCC Operations) 3
A.(3.)EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS(Outfall OO1A-CTCC Operations) 5
A.(4.)EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS(Outfall 006-CTCC Operations) 7
A.(5.)EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS(Outfall 002A) 9
A.(6.)EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS(Outfall 004) Error!Bookmark not defined.
A.(7.)MONITORING REQUIREMENTS(Internal Outfall 008-Coal Ash Beneficiation Plant) 10
SECTION B-ASH BASIN REMEDIATION and TOE DRAIN DISCHARGES 11
B.(1.)EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS(Outfall 002-Ash Pond Decanting) 11
B.(2.)EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS(Outfall 002-Ash Pond Dewatering) 13
B.(3.)EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS(Outfall 007-Ash Pond Decanting) 15
B.(4.)EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS(Outfall 007-Ash Pond Dewatering) 17
B.(5.)EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS(Outfall 111-Constructed Seep) 19
B.(6.)EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS(Outfall 117-Constructed Seep) 20
SECTION C-ADDITIONAL SPECIAL CONDITIONS 21
C.(1.)DEFINITIONS 21
C.(2.)NOTIFICATIONS AND SUBMITTALS 21
C.(3.)CHEMICAL DISCHARGES 21
C.(4.)DISCHARGES OF OTHER MATERIALS 22
C.(5.)BIOCIDE CONDITION 22
C.(6.)METALS ANALYSES 22
C.(7.)PRIORITY POLLUTANT LIMITATIONS AND ANALYSES 22
C.(8.)CHRONIC TOXICITY PERMIT LIMIT(Monthly/Quarterly) 22
C.(9.)WASTE TREATMENT MODIFICATIONS 23
C.(10.)FLOW MONITORING AND REPORTING 24
C.(11.)INSTREAM MONITORING 24
C.(12.)FISH TISSUE MONITORING NEAR ASH POND DISCHARGE(Outfalls 002/007) 24
C.(13.)CLEAN WATER ACT SECTION 316(a)THERMAL VARIANCE 24
C.(14.)CLEAN WATER ACT SECTION 316(b)INTAKE STRUCTURE REQUIREMENTS 25
C.(15.)ASH POND OPERATIONS AND MAINTENANCE 25
C.(16.)APPLICABLE STATE LAW(State-Enforceable Only) 26
C.(17.)GROUNDWATER COMPLIANCE BOUNDARY 26
C.(18.)NO WAIVER OF RIGHTS 26
C.(19.)ELECTRONIC REPORTING OF DISCHARGE MONITORING REPORTS 26
ATTACHMENT 1- GROUNDWATER COMPLIANCE BOUNDARY MAP 29
PART II-STANDARD CONDITIONS FOR NPDES PERMITS
PART III-OTHER REQUIREMENTS
PART IV-SPECIAL CONDITIONS FOR MUNICIPAL FACILI'1'IhS(Not Applicable)
iv

Permit NC0004774
PART I-MONITORING,CONTROLS, AND LIMITATIONS FOR PERMITTED DISCHARGES
SECTION A- STEAM ELECTRIC AND COAL ASH BENEFICIATION OPERATIONS
A.(1.) EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS (Outfall 002- BSS +
CTCC Operations)
[15A NCAC 02B .0400 et seq.,02B .0500 et seq.]
q� q]
a. During the period beginning on the effective date of the permit and lasting until elimination of all
remaining Buck Steam Station(BSS) waste flows or until permit expiration,whichever is first,the
Permittee is authorized to discharge treated wastes,as described herein,from the ash settling pond
through Outfall 002.Such discharges shall be limited and monitored by the Permittee as specified
below:
EFFLUENT LIMITATIONS MONITORING REQUIREMENTS
PARAMETER
Monthly Daily Measurement Sample Sample
Average Maximum Frequency Type Location 1
Flow, MGD Weekly Pump Logs or Effluent
similar readings
pH >_ 6.0 and <_ 9.0 standard units Weekly Grab Effluent
Total Nitrogen, mg/L 2 Monthly Grab Effluent
Total Phosphorus, mg/L Monthly Grab Effluent
Total Suspended Solids 23.0 mg/L 74.0 mg/L Quarterly Grab Effluent
Oil and Grease 11.0 mg/L 15.0 mg/L Quarterly Grab Effluent
Total Hardness, mg/L as CaCO3 Quarterly Grab Effluent
Total Arsenic 3 10.0 Ng/L 340 ug/L Quarterly Grab Effluent
(effective 5/1/2019)
Total Selenium, pg/L 3 Quarterly Grab Effluent
Total Mercury, ng/L 3 Quarterly Grab Effluent
5.6 ug/L 5.6 Ng/L Quarterly Grab Effluent
Total Antimony 3 (effective 5/1/2019)
Total Chromium 3'4 200 ug/L 200 pg/L Quarterly Grab Effluent
pg/L 905 Trivalent Chromium 3 118(effective 5/1/2019)g/L Quarterly Calculated Effluent
Hexavalent Chromium 3 11.0 Ng/L 16.0 pg/L Quarterly Grab Effluent
(effective 5/1/2019)
Total Copper 3 7.9 ug/L 10.5 Ng/L Quarterly Grab Effluent
effective 5/1/2019)
Total Nickel 3 25.0 Ng/L 335 Ng/L Quarterly Grab Effluent
(effective 5/1/2019)
Total Zinc 3.4 126 ug/L 126 pg/L Quarterly Grab Effluent
(effective 5/1/2019)
Chronic Toxicity s P/F @ 0.70% (eff.thru 4/30/2019) Quarterly Grab Effluent
P/F @ 900/0(effective 5/1/2019)
The 126 priority pollutants
except Total Chromium and No detectable amount Annually Grab Effluent
Total Zinc 3,4
Footnotes:
1. Effluent sampling shall be conducted at the discharge from the ash settling pond prior to mixing with any other
waste streams.
2. Total Nitrogen=NO2-N+ NO3-N+TKN
3. See Special Condition C.(6.)Metals Analysis.
(Footnotes continue on next page.)
1

Permit NC0004774
A.(1.) EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS (cont.)
Footnotes(cont):
4. See Special Condition C.(7.)Priority Pollutant Limitations and Analysis.
5. See Special Condition C.(8.)Chronic Toxicity Permit Limit.
b. The following are authorized waste flows and shall pass through the ash settling pond prior to
discharge:
i. CTCC Plant Wastewater Sump: potable,service,and process water treatment wastes;floor drain
wastes;cooling tower blowdown;heat recovery steam generator(HRSG)and auxiliary boiler
blowdowns;and stormwater flows draining to the sump;and
ii. BSS Yard Sump: sanitary(water treatment)wastes,groundwater seepage into powerhouse
structure,and stormwater from the BSS site;
except that stormwater from either source shall not be discharged to the ash ponds on or after
December 31,2018.
c. There shall be no discharge of metal cleaning waste or chemical metal cleaning waste.
d. There shall be no discharge of floating solids or visible foam in other than trace amounts.
e. The Permittee shall notify the Division in writing no later than seven calendar days prior to
elimination of all remaining BSS waste flows and closure of the BSS Yard Sump;see Special Condition
C.(2.)Notifications and Submittals.
f. The Permittee shall notify the Division in writing no later than seven calendar days prior to diversion
of the waste flows to Outfall 001A or 006;see Special Condition C.(2.) Notifications and Submittals.
2

Permit NC0004774
A.(2.) EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS (Outfall 002- CTCC
Operations)
[15A NCAC 02B .0400 et seq.,02B .0500 et seq.]
a. During the period beginning upon elimination of all remaining waste flows from the Buck Steam
Station and lasting until diversion of all CTCC Plant waste flows to Outfall OO1A or 006 or until permit
expiration,whichever is first,the Permittee is authorized to discharge treated wastewaters,as
described herein,from Outfall 002 except as provided in paragraph(b)below.Such discharges shall
be limited and monitored by the Permittee as specified below:
EFFLUENT LIMITATIONS MONITORING REQUIREMENTS
PARAMETER Monthly Daily Measurement Sample Sample
Average Maximum Frequency Type Location 1
I Flow, MGD Weekly Pump Logs or Effluent
similar readings
pH >_ 6.0 and _< 9.0 standard units Weekly Grab Effluent
Total Nitrogen, mg/L 2 Monthly Grab Effluent
Total Phosphorus, mg/L Monthly Grab Effluent
Total Suspended Solids 23.0 mg/L 74.0 mg/L Monthly Grab Effluent
Oil and Grease 11.0 mg/L 15.0 mg/L Monthly Grab Effluent
Total Hardness, mg/L as CaCO3 Monthly Grab Effluent
Total Arsenic,pg/L 3 Monthly Grab Effluent
Total Selenium, pg/L 3 Monthly Grab Effluent
Total Mercury 3'4 12.0 ng/L(annual average) Monthly Grab Effluent
(effective 5/1/2019)
Total Aluminum 3 6.5 mg/L 6.5 mg/L Monthly Grab Effluent
(effective 5/1/2019)
Total Antimony 3 5.6 pg/L 5.6 pg/L Monthly Grab Effluent
(effective 5/1/2019)
Total Chromium 3.5 200 pg/L 200 pg/L Monthly Grab Effluent
Trivalent Chromium 118 pg/L 905 pg/L Monthly Calculated Effluent
(effective 5/1/2019)
Hexavalent Chromium 3 11.0 pg/L 16.0 pg/L Monthly Grab Effluent
(effective 5/1/2019)
Total Copper 3 7.9 pg/L 10.5 pg/L Monthly Grab Effluent
(effective 5/1/2019)
Total Nickel 3 25.0 pg/L 335 pg/L Monthly Grab Effluent
(effective 5/1/2019)
126 pg/L 126 pg/L
Total Zinc 3.5 Monthly Grab Effluent
(effective 5/1/2019)
Total Fluoride 1.8 mg/L 1.8 mg/L Monthly Grab Effluent
(effective 5/1/2019)
Chloroform, pg/L 6 Quarterly Grab Effluent
Chronic Toxicity' P/F©0.7%0 (eff.thru 4/30/2019) Quarterly Grab Effluent
P/F©90%(effective 5/1/2019)
The 126 priority pollutants
except Total Chromium and No detectable amount Annually Grab Effluent
Total Zinc 3,5
Footnotes:
1. Effluent sampling shall be conducted at the discharge from the ash settling pond prior to mixing with any other
waste streams.
2. Total Nitrogen=NO2-N+ NO3-N+TKN
3. See Special Condition C.(6.)Metals Analyses.
3

Permit NC0004774
A.(2.) EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS (cont.)
Footnotes(cont.):
4. Total Mercury: Annual average shall be calculated on calendar year basis.
5. See Special Condition C.(7.)Priority Pollutant Limitations and Analysis.
6. See paragraph(f)of this condition.
7. See Special Condition C.(8.)Chronic Toxicity Permit Limit.
b. The following are authorized waste flows from the CTCC Plant and shall pass through the ash settling
ponds prior to discharge:potable,service,and process water treatment wastes;floor drain wastes;
cooling tower blowdown;heat recovery steam generator(HRSG)and auxiliary boiler blowdowns;and
stormwater flows draining to the sump;except that stormwater shall not be discharged to the ponds
on or after December 31,2018.
c. There shall be no discharge of metal cleaning waste or chemical metal cleaning waste.
d. There shall be no discharge of floating solids or visible foam in other than trace amounts.
e. No later than 180 days after this special condition becomes effective,the Permittee shall analyze at
least one representative sample of the CTCC Plant Wastewater Sump discharge and submit a
complete and accurate EPA Application Form 2C for the discharge. If the discharge becomes subject to
Special Conditions A.(3.)or A.(4.)before this requirement is satisfied,the requirement and the original
180-day compliance date remain in effect;see conditions A.(3.) (f) and A.(4.) (f).
f. The initial chloroform analysis shall be conducted no later than 180 days after this condition becomes
effective. If the initial analysis does not yield a reportable concentration of chloroform(PQL<2.0
pg/L),the chloroform monitoring specified in paragraph(a)is waived for the remainder of the permit
term.
g. The Permittee shall notify the Division in writing no later than seven calendar days prior to diversion
of CTCC Plant flows to Outfall 001A or 006;see Special Condition C.(2.) Notifications and Submittals.
4

Permit NC0004774
A.(3.) EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS (Outfall 001A- CTCC
Operations)
[15A NCAC 02B .0400 et seq.,02B .0500 et seq.]
a. During the period beginning upon both elimination of all remaining waste flows from the Buck Steam
Station and diversion of CTCC Plant flows to Outfall 001A and lasting until diversion of CTCC Plant
flows to Outfall 006 or until permit expiration,whichever is first,the Permittee is authorized to
discharge wastewaters,as described herein,from Outfall 001A.Such discharges shall be limited and
monitored bythe Permittee as specified below:
P
EFFLUENT LIMITATIONS MONITORING REQUIREMENTS
PARAMETER
Monthly Daily Measurement Sample Sample
Average Maximum Frequency Type Location 1
Flow, MGD Daily Pump logs Effluent
or similar readings
pH >_ 6.0 and <_ 9.0 standard units Daily' Grab Effluent
Temperature 35°C(95°F) Daily Grab Effluent
Temperature 3 Daily Grab Intake and
Effluent
Total Nitrogen,mg/L4 Monthly Grab Effluent
Total Phosphorus, mg/L Monthly Grab Effluent
Total Suspended Solids 23.0 mg/L 74.0 mg/L 2/Month Grab Effluent
Oil and Grease 11.0 mg/L 15.0 mg/L 2/Month Grab Effluent
Total Residual Chlorine 5 28.0 pg/L 2/Month Grab Effluent
Free Available Chlorine 5 200 pg/L 500 pg/L 2/Month Grab Effluent
Total Hardness, mg/L as CaCO3 2/Month Grab Effluent
Total Arsenic, pg/L 6 Quarterly Grab Effluent
Total Selenium, pg/L 6 Quarterly Grab Effluent
Total Mercury, ng/L 6 Quarterly Grab Effluent
Total Aluminum, mg/L 6 Quarterly Grab Effluent
Total Antimony, pg/L 6 Quarterly Grab Effluent
Total Chromium 6,7 200 pg/L 200 pg/L 2/Month Grab Effluent
Total Copper 6 Quarterly Grab Effluent
Total Nickel, pg/L 6 Quarterly Grab Effluent
Total Zinc 6,7 1,000 llg/L 1,000 pg/L 2/Month Grab Effluent
Total Fluoride, mg/L Quarterly Grab Effluent
Chloroform, pg/L 8 Quarterly Grab Effluent
Chronic Toxicity 9 P/F @ 0.1% Quarterly Grab Effluent
The 126 priority pollutants
1 except Total Chromium and No detectable amount Annually Grab Effluent
Total Zinc 6,7
Footnotes:
1. Effluent sampling shall be conducted below the final treatment unit and prior to mixing with any other waste
streams.Intake means the facility's raw water intake.
2. Upon completing at least three consecutive months of daily pH readings,the Permittee may request that pH
monitoring be reduced to Weekly.Such request should demonstrate to the Division's satisfaction that the results of
weekly monitoring will adequately represent the measure and variability of effluent pH. If a request was approved
for Outfall OO1A,the approval may be extended to Outfall 006 without requiring resubmittal of the request.
(Footnotes continue on next page.)
5

Permit NC0004774
A.(3.) EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS (cont.)
Footnotes(cont.):
3. The daily average temperature of the effluent shall be such as not to exceed 10°C(50°F)if the daily average intake
temperature is below 2.5°C(36.5°F),and shall not exceed two times the intake temperature(°F)minus 23 if the daily
average intake temperature ranges from 2.5°C(36.5°F)to 12.8°C(55°F)when only units with the same control
system are operating.See also paragraphs(h)and(i)of this condition.
4. Total Nitrogen=NO2-N+NO3-N+TKN
5. The Division shall consider all effluent TRC values reported below 50µg/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(including field certified),even if these values fall below 50µg/L. Neither free available chlorine(FAC)
nor TRC may be discharged from any single generating unit for more than two hours in any single day,and not
more than one unit in the plant may discharge FAC or TRC,unless the discharger demonstrates to the Division that
the unit(s)cannot operate at or below this level of chlorination.
6. See Special Condition C.(6.)Metals Analyses.
7. See Special Condition C.(7.)Priority Pollutant Limitations and Analysis.
8. See paragraph(g)of this condition.
9. See Special Condition C.(8.)Chronic Toxicity Permit Limit.
b. Authorized waste flows from the CTCC Plant are potable,service,and process water treatment
wastes;floor drain wastes;cooling tower blowdown;heat recovery steam generator(HRSG)and
auxiliary boiler blowdowns;and stormwater flows draining to the sump.Such waste flows shall not
pass through the ash settling pond prior to discharge.
c. There shall be no discharge of metal cleaning waste or chemical metal cleaning waste.
d. There shall be no discharge of floating solids or visible foam in other than trace amounts.
e. This condition is not intended to authorize concurrent waste discharges through both Outfalls 001A
and 006 except to the extent necessary to make an orderly transition to the newer outfall.The
Permittee shall cease discharge at Outfall 001A as soon as practical after bringing Outfall 006 online.
f. Unless it has already done so in accordance with Special Condition A.(2.)(e),the Permittee shall
analyze a representative sample of the CTCC Plant Wastewater Sump discharge and submit a
complete and accurate EPA Application Form 2C for the sump discharge no later than the date
established per Condition A.(2.)(e).
g. If chloroform monitoring was waived in accordance with conditions A.(2.)(a)and(f),the monitoring
requirement specified in paragraph(a)of this condition is waived for the remainder of the permit
term.If the initial chloroform analysis is conducted while this condition is effective,and if the initial
analysis does not yield a reportable concentration of chloroform(PQL<2.0 pg/L),chloroform
monitoring specified in paragraph(a)of this condition is waived for the remainder of the permit term.
h. The mixing zone for thermal discharges from the Buck facility is defined as that portion of the Yadkin
River(High Rock Lake)extending from the Buck Combined Cycle Station water intake to High Rock
Lake Dam.The thermal variance and mixing zone terminate on expiration of this permit.The Director
may reopen the permit to extend or modify the variance based on the findings of the Thermal Mixing
Zone Study(see Special Condition C.(13.))or other new information.
i. When High Rock Lake,as measured at the intake of the Buck Combined Cyde Station,is drawn down
10 feet or greater,the Permittee shall on a daily average basis ensure that the minimum unheated daily
average stream flow does not fall below one third of the 7-day 10-year low flow(7Q10).
j. The Permittee shall notify the Division in writing no later than seven calendar days prior to diversion
of CTCC Plant flows to Outfall 006;see Special Condition C.(2.)Notifications and Submittals.
6

Permit NC0004774
A.(4.) EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS (Outfall 006- CTCC
Operations)
[15A NCAC 02B .0400 et seq.,02B .0500 et seq.]
a. During the period beginning upon both elimination of all remaining waste flows from the Buck Steam
Station and diversion of CTCC Plant flows to Outfall 006 and lasting until permit expiration,the
Permittee is authorized to discharge wastewaters,as described herein,from Outfall 006.Such
discharges shall be limited and monitored by the Permittee as specified below:
EFFLUENT LIMITATIONS MONITORING REQUIREMENTS
PARAMETER
Monthly Daily Measurement Sample Sample
Average Maximum Frequency Type Location 1
Flow, MGD Daily Pump logs Effluent
or similar readings
pH >_ 6.0 and <_ 9.0 standard units Daily Grab Effluent
Temperature 35°C(95°F) Daily Grab Effluent
Temperature 3 Daily Grab Intake and
Effluent
Total Nitrogen, mg/L4 Monthly Grab Effluent
Total Phosphorus, mg/L Monthly Grab Effluent
Total Suspended Solids 23.0 mg/L 74.0 mg/L 2/Month Grab Effluent
Oil and Grease 11.0 mg/L 15.0 mg/L 2/Month Grab Effluent
Total Residual Chlorine 5 28.0 pg/L 2/Month Grab Effluent
Free Available Chlorine 5 200 pg/L 500 pg/L 2/Month Grab Effluent
Total Hardness, mg/L as CaCO3 2/Month Grab Effluent
Total Arsenic, pg/L 6 Quarterly Grab Effluent
Total Selenium, pg/L 6 Quarterly Grab Effluent
Total Mercury, ng/L 6 Quarterly Grab Effluent
Total Aluminum, mg/L 6 Quarterly Grab Effluent
Total Antimony, pg/L 6 Quarterly Grab Effluent
Total Chromium 6.7 200 pg/L 200 pg/L 2/Month Grab Effluent
Total Copper 6 Quarterly Grab Effluent
Total Nickel, pg/L 6 Quarterly Grab Effluent
Total Zinc 6.7 1,000 pg/L 1,000 pg/L 2/Month Grab Effluent
Total Fluoride, mg/L Quarterly Grab Effluent
Chloroform, pg/L 8 Quarterly Grab Effluent
Chronic Toxicity 9 P/F @ 0.1% Quarterly Grab Effluent
The 126 priority pollutants
except Total Chromium and No detectable amount Annually Grab Effluent
Total Zinc 6.7
Footnotes:
1. Effluent sampling shall be conducted below the final treatment unit and prior to mixing with any other waste
streams. Intake means the facility's raw water intake.
2. Upon completing at least three consecutive months of daily pH readings,the Permittee may request that pH
monitoring be reduced to Weekly.Such request should demonstrate to the Division's satisfaction that the results of
weekly monitoring will adequately represent the measure and variability of effluent pH. If a request was approved
for Outfall OO1A,the approval may be extended to Outfall 006 without requiring resubmittal of the request.
(Footnotes continue on next page.)
7

Permit NC0004774
A.(4.) EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS (cont.)
Footnotes(cont.):
3. The daily average temperature of the effluent shall be such as not to exceed 10°C(50°F)if the daily average intake
temperature is below 2.5°C(36.5°F),and shall not exceed two times the intake temperature(°F)minus 23 if the
daily average intake temperature ranges from 2.5°C(36.5°F)to 12.8°C(55°F)when only units with the same control
system are operating.See also paragraphs(h)and(i)of this condition.
4. Total Nitrogen=NO2-N+NO3-N+TKN
5. The Division shall consider all effluent TRC values reported below 50µg/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(including field certified),even if these values fall below 50µg/L. Neither free available chlorine(FAC)
nor TRC may be discharged from any single generating unit for more than two hours in any single day,and not
more than one unit in the plant may discharge FAC or TRC,unless the discharger demonstrates to the Division that
the unit(s)cannot operate at or below this level of chlorination.
6. See Special Condition C.(6.)Metals Analyses.
7. See Special Condition C.(7.)Priority Pollutant Limitations and Analysis.
8. See paragraph(g)of this condition.
9. See Special Condition C.(8.)Chronic Toxicity Permit Limit.
b. Authorized waste flows from the CTCC Plant are potable,service,and process water treatment
wastes;floor drain wastes;cooling tower blowdown;heat recovery steam generator(HRSG)and
auxiliary boiler blowdowns;and stormwater flows draining to the sump.Such waste flows shall not
pass through the ash settling pond prior to discharge.
c. There shall be no discharge of metal cleaning waste or chemical metal cleaning waste.
d. There shall be no discharge of floating solids or visible foam in other than trace amounts.
e. Conditions A.(3.)and A.(4.)are not intended to authorize concurrent waste discharges through both
Outfalls 001A and 006 except as necessary to make an orderly transition to the new outfall.The
Permittee shall cease discharge at Outfall 001A as soon as practical after bringing Outfall 006 online.
f. Unless it has already done so in accordance with Special Condition A.(2.)(e)or A.(3.)(f),the Permittee
shall analyze a representative sample of the CTCC Plant Wastewater Sump discharge and submit a
complete and accurate EPA Application Form 2C for the sump discharge no later than the date
established in condition A.(2.)(e).
g. If chloroform monitoring was waived in accordance with conditions A.(2.)a)and(f)or conditions
A.(4.)(a)and(g),the monitoring requirement specified in paragraph(a)of this condition is waived for
the remainder of the permit term.If the initial chloroform analysis is conducted while this condition is
effective,and if the initial analysis does not yield a reportable concentration of chloroform(PQL<2.0
pg/L),chloroform monitoring specified in paragraph(a)is waived for the remainder of the permit
term.
h. The mixing zone for thermal discharges from the Buck facility is defined as that portion of the Yadkin
River(High Rock Lake)extending from the Buck Combined Cycle Station water intake to High Rock
Lake Dam.The thermal variance and mixing zone terminate on expiration of this permit.The Director
may reopen the permit to extend or modify the variance based on the findings of the Thermal Mixing
Zone Study(see Special Condition C.(13.))or other new information.
i. When High Rock Lake,as measured at the intake of the Buck Combined Cycle Station,is drawn down
10 feet or greater,the Permittee shall on a daily average basis ensure that the minimum unheated daily
average stream flow does not fall below one third of the 7-day 10-year low flow(7Q10).
j. The Permittee shall notify the Division in writing no later than seven calendar days following the
closure of Outfall OO1A to confirm its closure;see Special Condition C.(2.)Notifications and
Submittals.
8

Permit NC0004774
A.(5.) EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS (Outfall 002A)
[15A NCAC 02B .0400 et seq.,02B .0500 et seq.]
a. During the period beginning on the effective date of the permit and lasting until elimination of all
remaining waste flows from the Buck Steam Station or until permit expiration,whichever is first,the
Permittee is authorized to discharge emergency yard sump overflows from Outfall 002A.Such
discharges shall be limited and monitored by the Permittee as specified below:
EFFLUENT LIMITATIONS MONITORING REQUIREMENTS
PARAMETER
Monthly Daily Measurement Sample Sample
Average Maximum Frequency 1 Type Location 2
Flow, MGD 3 Episodic Estimate Effluent
> Episodic pH _ 6.0 and <_ 9.0 standard units Ep sod c Grab Effluent
Total Suspended Solids, mg/L 23.0 mg/L 74.0 mg/L Episodic Grab Effluent
Oil and Grease 11.0 mg/L 15.0 mg/L Episodic Grab Effluent
Footnotes:
1. Episodic sampling is required a minimum of once per day when sump overflows occur. All samples shall be
representative of the discharge.
2. Effluent sampling shall be conducted at a point prior to discharge to the Yadkin River.
3. See Special Condition C.(10.) Flow Monitoring and Reporting regarding reporting flow when no discharge occurs.
b. Authorized waste discharges from the BSS Yard Sump are sanitary(water treatment)wastes,
incidental flows from floor drains and groundwater seepage into the powerhouse structure,all of
which are generated at the BSS powerhouse;and stormwater from the existing sump drainage area,
except that stormwater shall not be discharged to the ash ponds on or after December 31,2018.
c. There shall be no discharge of floating solids or visible foam in other than trace amounts.
d. The Permittee shall notify the Division when all waste flows to the sump are eliminated,per
Condition A.(1.) (e).
A.(6.) INTAKE SCREEN BACKWASH
[15A NCAC 02H .0106(0(2)]
Backwash from the Buck raw water intake screens is deemed permitted provided that no water quality
standards are contravened or expected to be contravened.
9

Permit NC0004774
A.(7.) MONITORING REQUIREMENTS (Internal Outfall 008- Coal Ash Beneficiation Plant)
[15A NCAC 02B .0400 et seq.,02B .0500 et seq.]
a. No later than 180 days after startup of the Coal Ash Beneficiation Plant,the Permittee shall monitor
the waste flows discharged to the CTCC wastewater system as specified below:
EFFLUENT LIMITATIONS MONITORING REQUIREMENTS
PARAMETER -_
Monthly Daily Measurement Sample Sample
Average Maximum Frequency Type Location 1
Daily Pump logs,
Flow, MGD. (first year) similar readings,or Effluent
estimate
pH,S.U. Once Grab Effluent
Total Suspended Solids, mg/L Once Grab Effluent
Oil and Grease, mg/L Once Grab Effluent
Total Dissolved Solids, mg/L Once Grab Effluent
Chlorides, mg/L Once Grab Effluent
Sulfates, mg/L Once Grab Effluent
Total Hardness, mg/L as CaCO3 Once Grab Effluent
Total Arsenic, pg/L 3 Once Grab Effluent
Total Selenium, pg/L 3 Once Grab Effluent
Total Copper, pg/L 3 Once Grab Effluent
Total Lead, pg/L 3 Once Grab Effluent
Total Nickel, pg/L 3 Once Grab Effluent
Total Thallium, pg/L 3 Once Grab Effluent
Total Zinc,pg/L 3 Once Grab Effluent
Footnotes:
1. Samples shall be collected at a point downstream of the final Beneficiation Plant treatment unit and prior to
comingling with any other waste streams.Samples shall be representative of the waste flow from the plant.
2. See Special Condition C.(10.)Flow Monitoring and Reporting.
3. See Special Condition C.(6.)Metals Analyses.
b. The Permittee shall report the monitoring results on the appropriate DMR.
c. The Permittee shall notify the Division in writing no later than seven calendar days prior to start-up of
the Beneficiation Plant; see Special Condition C.(2.)Notifications and Submittals.
10

Permit NC0004774
SECTION B- ASH BASIN REMEDIATION AND CONSTRUCTED SEEP DISCHARGES
B.(1.) EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS (Outfall 002- Ash Pond
Decanting)
[15A NCAC 02B .0400 et seq.,02B .0500 et seq.]
a. During the period beginning with the elimination of all BSS waste flows and diversion of CTCC Plant
flows to Outfall 001A or 006 and lasting until commencement of ash basin dewatering, diversion of
decant discharges to Outfall 007,or permit expiration,whichever is first,the Permittee is authorized to
discharge decant water from Outfall 002(decanting the free water above the settled ash layer that does
not involve mechanical disturbance of the ash).Such discharges shall be limited and monitored by the
Permittee as specified below:
EFFLUENT LIMITATIONS MONITORING REQUIREMENTS
PARAMETER Monthly Daily Measurement Sample Sample
Average Maximum Frequency Type Location 1
Flow, MGD Weekly Pump Logs or Effluent
similar readings
pH 2 >_ 6.0 and <_ 9.0 standard units Weekly Grab Effluent
Total Nitrogen, mg/L 3 Monthly Grab Effluent
Total Phosphorus, mg/L Monthly Grab Effluent
Total Suspended Solids 4 23.0 mg/L 74.0 mg/L Monthly Grab Effluent
Oil and Grease 11.0 mg/L 15.0 mg/L Monthly Grab Effluent
Total Dissolved Solids 500 mg/L 500 mg/L Monthly Grab Effluent
Turbidity, NTU 5 Monthly Grab Effluent
Chlorides 250 mg/L 250 mg/L Monthly Grab Effluent
Total Hardness, mg/L as CaCO3 Monthly Grab Effluent
Total Arsenic 6 10.0 pg/L 340 pg/L Weekly Grab Effluent
Total Selenium 6 5.014/L 56.0 pg/L Weekly Grab Effluent
Total Mercury, ng/L 6 Weekly Grab Effluent
Total Antimony 6 5.6 pg/L 5.6 pg/L Monthly Grab Effluent
Total Copper 6 7.9 Ng/L 10.5 pg/L Monthly Grab Effluent
Total Chromium, ug/L 6 Monthly Grab Effluent
Hexavalent Chromium, ug/L 6 Monthly Grab Effluent
Trivalent Chromium, ug/L 6 Monthly Grab Effluent
Total Lead 6 2.9 pg/L 75.0 pg/L Monthly Grab Effluent
Total Nickel 6 25.0 pg/L 335 pg/L Monthly Grab Effluent
Total Thallium,pg/L 6 Monthly Grab Effluent
Chronic Toxicity' P/F at 90% Quarterly Grab Effluent
Footnotes:
1. Effluent sampling shall be conducted at the discharge from the ash settling pond or,if additional treatment is
provided,below the final treatment unit,and prior to mixing with any other waste streams.
2. The Permittee shall continuously monitor pH when the decanting process commences(and one or more pumps are
operating),and the decanting pump(s)shall be shut off immediately when the 15-minute running average pH falls
below 6.1 or rises above 8.9 S.U.Pumping will be allowed to continue if interruption might result in dam failure or
damage.
3. Total Nitrogen=NO2-N+ NO3-N+TKN
4. The Permittee shall continuously monitor TSS concentration when the decanting process commences(and one or
more pumps is operating),and the decanting pump(s)shall be shut off automatically when the 15-minute running
average TSS exceeds one half of the Daily Maximum TSS limit.Pumping will be allowed to continue if interruption
might result in dam failure or damage.
(Footnotes continue on next page.)
11

Permit NC0004774
B.(1.) EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS (cont.)
Footnotes(cont.):
5. The discharge from this facility shall not cause turbidity in the receiving stream to exceed 25 NTU. If the instream
turbidity exceeds 25 NTU due to natural background conditions,the discharge shall not cause turbidity to increase
in the receiving stream. Therefore,if the effluent turbidity exceeds 25 NTU,the Permittee shall sample upstream
and downstream turbidity in the receiving waterbody,within 24 hours,to determine whether the turbidity level in
the receiving waterbody was increased.All data shall be reported on the DMRs. (See 15A NCAC 2B.0211 (21)).
6. See Special Condition C.(6.)Metals Analyses.
7. See Special Condition C.(7.)Chronic Toxicity Permit Limit.
b. There shall be no discharge of floating solids or visible foam in other than trace amounts.
c. The Permittee shall notify the Division of Water Resources,in writing,no later than seven calendar
days prior to commencement of decanting;see Special Condition C.(2.)Notifications and Submittals.
d. If any one of these pollutants(As,Se,Hg,Sb,Cu,Pb,Ni,and Tl)reaches 85% of the allowable monthly
average effluent discharge concentration during decanting,the Permittee shall immediately
discontinue discharge of the wastewater and report the event to DWR Mooresville Regional Office
and Complex NPDES Permitting via telephone and e-mail.
85%of Allowable Monthly Average Effluent Concentrations
As Se Hg Sb Cu Pb Ni 11
8.5 pg/L 4.3 pg/L 10.2 ng/L 4.8 pg/L 6.7 pg/L 2.5 pg/L 21.3 pg/L 0.34 Ng/L
e. The facility is allowed to draw down the wastewater in the ash pond to no less than three feet above
the ash.The rate for lowering the liquid level in a coal ash pond shall not exceed one(1)foot per day
unless a higher rate is supported to the satisfaction of DEMLR and in accordance with NCAC,Title
15A,Subchapter 2K.The facility shall use a floating pump suction pipe with free water skimmed from
the basin surface using an adjustable weir.See also paragraph(a),Footnotes 2 and 4,above.
f. The limits and conditions for the discharge of dewatering waters shall apply when water in the ash
settling basin is lowered below the three feet trigger mark.
g. The Permittee shall notify the Division of Water Resources in writing no later than seven calendar
days prior to diversion of ash pond discharges to Outfall 007;see Special Condition C.(2.)
Notifications and Submittals.Conditions B.(1.)through B.(4.)are not intended to authorize concurrent
waste discharges through both Outfalls 002 and 007 except as necessary to make an orderly transition
to the new outfall.The Permittee shall cease discharge at Outfall 002 as soon as practical after Outfall
007 is operational.
h. The Permittee shall notify the Division of Water Resources in writing no later than seven calendar
days prior to commencement of ash dewatering;see Special Condition C.(2.)Notifications and
Submittals.
12

Permit NC0004774
B.(2.) EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS (Outfall 002- Ash Pond
Dewatering)
[15A NCAC 02B .0400 et seq.,02B .0500 et seq.]
a. During the period beginning with the start of ash pond dewatering and lasting until diversion of
dewatering discharges to Outfall 007 or permit expiration,whichever is first,the Permittee is
authorized to discharge treated ash dewatering waste flows from Outfall 002.Such discharges shall be
limited and monitored by the Permittee as specified below:
EFFLUENT LIMITATIONS MONITORING REQUIREMENTS
PARAMETER
Monthly Daily Measurement Sample Sample
Average Maximum Frequency Type Location 1
Flow,MGD Daily Pump Logs or Effluent
similar readings
pH 2 >— 6.0 and <_ 9.0 standard units Daily Grab Effluent
Total Nitrogen, mg/L 3 Weekly Grab Effluent
Total Phosphorus,mg/L Weekly Grab Effluent
Total Suspended Solids 4 23.0 mg/L 74.0 mg/L Weekly Grab Effluent
Oil and Grease 11.0 mg/L 15.0 mg/L Weekly Grab Effluent
Total Dissolved Solids 500 mg/L 500 mg/L Weekly Grab Effluent
Turbidity, NTU 5 Weekly Grab Effluent
Chlorides 250 mg/L 250 mg/L Weekly Grab Effluent
Total Hardness, mg/L as CaCO3 Weekly Grab Effluent
Total Arsenic 6 10.0 pg/L 340 pg/L Weekly Grab Effluent
Total Selenium 6 5.0 pg/L 56 pg/L Weekly Grab Effluent
Total Mercury, ng/L 6 Weekly Weekly Effluent
Total Antimony 6 5.6 pg/L 5.6 pg/L Weekly Grab Effluent
Total Copper 6 7.9 pg/L 10.5 pg/L Weekly Grab Effluent
Total Chromium, ug/L 6 Weekly Grab Effluent
Hexavalent Chromium, ug/L 6 Weekly Grab Effluent
Trivalent Chromium, ug/L 6 Weekly Grab Effluent
Total Lead 6 2.9 pg/L 75 pg/L Weekly Grab Effluent
Total Nickel 6 25 pg/L 335 pg/L Weekly Grab Effluent
Total Thallium 6 2.0 pg/L 2.0 pg/L Weekly Grab Effluent
Chronic Toxicity' P/F @ 90% Monthly Grab Effluent
Footnotes:
1. Effluent sampling shall be conducted at the discharge from the ash settling pond or,if additional treatment is
provided,below the final treatment unit,and prior to mixing with any other waste streams.
2. The Permittee shall continuously monitor pH when the dewatering process commences(and one or more pumps is
operating),and the dewatering pump(s)shall be shut off immediately when the 15-minute running average pH
falls below 6.1 or rises above 8.9 S.U. Pumping will be allowed to continue if interruption might result in dam
failure or damage.
3. Total Nitrogen=NO2-N+NO3-N+TKN
4. The Permittee shall continuously monitor TSS concentration when the dewatering process commences(and one or
more pumps is operating),and the dewatering pump(s)shall be shut off automatically when the 15-minute
running average TSS exceeds one half of the Daily Maximum TSS limit.Pumping will be allowed to continue if
interruption might result in dam failure or damage.
(Footnotes continue on next page.)
13

Permit NC0004774
B.(2.) EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS (cont.)
Footnotes(cont.):
5. The discharge from this facility shall not cause turbidity in the receiving stream to exceed 25 NTU. If the instream
turbidity exceeds 25 NTU due to natural background conditions,the discharge shall not cause turbidity to increase
in the receiving stream. Therefore,if the effluent turbidity exceeds 25 NTU,the Permittee shall sample upstream
and downstream turbidity in the receiving waterbody,within 24 hours,to determine whether the turbidity level in
the receiving waterbody was increased.All data shall be reported on the DMRs. (See 15A NCAC 2B.0211 (21)).
6. See Special Condition C.(6.)Metals Analyses.
7. See Special Condition C.(7.)Chronic Toxicity Permit Limit.
b. There shall be no discharge of floating solids or visible foam in other than trace amounts.
c. If any one of these pollutants(As,Se,Hg,Sb,Cu,Pb,Ni,and Tl)reaches 85% of the allowable monthly
average effluent discharge concentration during dewatering,the Permittee shall immediately
discontinue discharge of the wastewater and report the event to DWR Mooresville Regional Office
and Complex NPDES Permitting via telephone and e-mail.
85%of Allowable Monthly Average Effluent Concentrations
As Se Hg Sb Cu Pb Ni 11
8.5 pg/L 4.3 pg/L 10.2 ng/L 4.8 pg/L 6.7 pg/L 2.5 pg/L 21.3 pg/L 1.7 pg/L
d. In the event that additional waters accumulate in the pond(s),the rate for lowering the liquid level in a
coal ash pond shall not exceed one(1)foot per day unless a higher rate is supported to the satisfaction
of DEMLR and in accordance with NCAC,Title 15A,Subchapter 2K.The facility shall use a floating
pump suction pipe with free water skimmed from the basin surface using an adjustable weir.See also
paragraph(a),Footnotes 2 and 4,above.
e. The Permittee shall notify the Division of Water Resources in writing no later than seven calendar
days prior to diversion of dewatering discharges to Outfall 007;see Special Condition C.(2.)
Notifications and Submittals.Conditions B.(1.)through B.(4.)are not intended to authorize concurrent
waste discharges through both Outfalls 002 and 007 except as necessary to make an orderly transition
to the new outfall.The Permittee shall cease discharge at Outfall 002 as soon as practical after Outfall
007 is operational.
14

Permit NC0004774
B.(3.) EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS (Outfall 007- Ash Pond
Decanting)
[15A NCAC 02B .0400 et seq.,02B .0500 et seq.]
a. During the period beginning with the elimination of all BSS waste flows,diversion of CTCC Plant
flows to Outfall OO1A or 006,and diversion of ash pond discharges to Outfall 007 and lasting until
commencement of ash basin dewatering or permit expiration,whichever is first,the Permittee is
authorized to discharge decant water from Outfall 007(decanting the free water above the settled ash
layer that does not involve mechanical disturbance of the ash). Such discharges shall be limited and
monitored by the Permittee as specified below:
EFFLUENT LIMITATIONS MONITORING REQUIREMENTS I
PARAMETER Monthly Daily Measurement Sample Sample
Average Maximum Frequency Type Location 1
Flow 1.73 MGD Weekly Pump Logs or Effluent
similar readings
pH 2 >_ 6.0 and 9.0 standard units Weekly Grab Effluent
Total Nitrogen, mg/L 4 Monthly Grab Effluent
Total Phosphorus, mg/L Monthly Grab Effluent
Total Suspended Solids 4 23.0 mg/L 74.0 mg/L Monthly Grab Effluent
Oil and Grease 11.0 mg/L 15.0 mg/L Monthly Grab Effluent
Total Dissolved Solids, mg/L Monthly Grab Effluent
Turbidity, NTU 5 Monthly Grab Effluent
Chlorides, mg/L Monthly Grab Effluent
Total Hardness, mg/L as CaCO3 Monthly Grab Effluent
Total Arsenic, ug/L 6 Weekly Grab Effluent
Total Selenium, ug/L 6 Weekly Grab Effluent
Total Mercury, ng/L 6 Weekly Grab Effluent
Total Antimony, pg/L 6 Monthly Grab Effluent
Total Copper, ug/L 6 Monthly Grab Effluent
Total Chromium, ug/L 6 Monthly Grab Effluent
Total Lead, pg/L 6 Monthly Grab Effluent
Total Nickel, pg/L 6 Monthly Grab Effluent
Total Thallium, Ng/L 6 Monthly Grab Effluent
Chronic Toxicity' P/F @ 0.3% Quarterly Grab Effluent
Footnotes:
1. Effluent sampling shall be conducted at the discharge from the ash settling pond or,if additional treatment is
provided,below the final treatment unit,and prior to mixing with any other waste streams.
2. The Permittee shall continuously monitor pH when the decanting process commences(and one or more pumps is
operating),and the decanting pump(s)shall be shut off immediately when the 15-minute running average pH falls
below 6.1 or rises above 8.9 S.U.Pumping will be allowed to continue if interruption might result in dam failure or
damage.
3. Total Nitrogen=NO2-N+NO3-N+TKN
4. The Permittee shall continuously monitor TSS concentration when the decanting process commences(and one or
more pumps is operating),and the decanting pump(s)shall be shut off automatically when the 15-minute running
average TSS exceeds one half of the Daily Maximum TSS limit. Pumping will be allowed to continue if interruption
might result in dam failure or damage.
(Footnotes continue on next page.)
15

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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.
(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:
D Influent and effluent grab samples shall be of equal size and of no less than 100 milliliters
D Influent samples shall not be collected more than once per hour.
> Permittees with wastewater treatment systems whose detention time<24 hours shall collect effluent grab
samples at intervals of no greater than 20 minutes apart during any 24-hour period.
D Permittees with wastewater treatment systems whose detention time exceeds 24 hours shall collect effluent
grab samples at least every six hours;there must be a minimum of four samples during a 24-hour sampling
period.
Continuous flow measurement
Flow monitoring that occurs without interruption throughout the operating hours of the facility.Flow shall be
monitored continually except for the infrequent times when there may be no flow or for infrequent maintenance
activities on the flow device.
Daily Discharge
The discharge of a pollutant measured during a calendar day or any 24-hour period that reasonably represents the
calendar day for purposes of sampling.For pollutants measured in units of mass,the "daily discharge" is calculated as
the total mass of the pollutant discharged over the day.For pollutants expressed in other units of measurement,the
"daily discharge"is calculated as the average measurement of the pollutant over the day. (40 CFR 122.2; see also
"Composite Sample,"above.)
Daily Maximum
The highest"daily discharge"during the calendar month.
Daily Sampling
Parameters requiring daily sampling shall be sampled 5 out of every 7 days per week unless otherwise specified in the
permit. Sampling shall be conducted on weekdays except where holidays or other disruptions of normal operations
prevent weekday sampling.If sampling is required for all seven days of the week for any permit parameter(s),that
requirement will be so noted on the Effluent Limitations and Monitoring Page(s).
DWR or"the Division"
The Division of Water Resources,Department of Environmental Quality.
Effluent
Wastewater discharged following all treatment processes from a water pollution control facility or other point source
whether treated or untreated.
EMC
The North Carolina Environmental Management Commission
EPA
The United States Environmental Protection Agency
Facility Closure
Cessation of all activities that require coverage under this NPDES permit. Completion of facility closure will allow this
permit to be rescinded.
Geometric Mean
The Nth root of the product of the individual values where N=the number of individual values.For purposes of
calculating the geometric mean,values of"0"(or"<[detection level]")shall be considered= 1.
Grab Sample
Individual samples of at least 100 mL collected over a period of time not exceeding 15 minutes.Grab samples can be
collected manually. Grab samples must be representative of the discharge(or the receiving stream,for instream
samples).
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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
I. Duty to Comply
The Permittee must comply with all conditions of this permit.Any permit noncompliance constitutes a violation of
the CWA and is grounds for enforcement action;for permit termination,revocation and reissuance, or
modification;or denial of a permit renewal application[40 CFR 122.41].
a. The Permittee shall comply with effluent standards or prohibitions established under section 307(a)of the
CWA for toxic pollutants and with standards for sewage sludge use or disposal established under section
405(d) of the CWA within the time provided in the regulations that establish these standards or prohibitions or
standards for sewage sludge use or disposal,even if the permit has not yet been modified to incorporate the
requirement.
b. The CWA provides that any person who violates section[s] 301, 302,306,307,308,318 or 405 of the Act,or
any permit condition or limitation implementing any such sections in a permit issued under section 402,or any
requirement imposed in a pretreatment program approved under sections 402(a)(3)or 402(b)(8)of the Act, is
subject to a civil penalty not to exceed$37,500 per day for each violation. [33 USC 1319(d)and 40 CFR
122.41(a)(2)]
c. The CWA provides that any person who negligently violates sections 301,302,306, 307,308,318,or 405 of
the Act,or any condition or limitation implementing any of such sections in a permit issued under section 402
of the Act, or any requirement imposed in a pretreatment program approved under section 402(a)(3)or
402(b)(8)of the Act, is subject to criminal penalties of$2,500 to$25,000 per day of violation,or
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imprisonment of not more than 1 year,or both.In the case of a second or subsequent conviction for a negligent
violation,a person shall be subject to criminal penalties of not more than$50,000 per day of violation,or by
imprisonment of not more than 2 years,or both. [33 USC 1319(c)(1)and 40 CFR 122.41(a)(2)]
d. Any person who knowingly violates such sections,or such conditions or limitations is subject to criminal
penalties of$5,000 to$50,000 per day of violation,or imprisonment for not more than 3 years, or both. In the
case of a second or subsequent conviction for a knowing violation, a person shall be subject to criminal
penalties of not more than$100,000 per day of violation,or imprisonment of not more than 6 years, or both.
[33 USC 1319(c)(2)and 40 CFR 122.41(a)(2)]
e. Any person who knowingly violates section 301,302, 303,306,307,308,318 or 405 of the Act, or any permit
condition or limitation implementing any of such sections in a permit issued under section 402 of the Act,and
who knows at that time that he thereby places another person in imminent danger of death or serious bodily
injury,shall,upon conviction,be subject to a fine of not more than$250,000 or imprisonment of not more than
15 years,or both. In the case of a second or subsequent conviction for a knowing endangerment violation,a
person shall be subject to a fine of not more than$500,000 or by imprisonment of not more than 30 years, or
both.An organization,as defined in section 309(c)(3)(B)(iii) of the CWA, shall,upon conviction of violating
the imminent danger provision,be subject to a fine of not more than$1,000,000 and can be fined up to
$2,000,000 for second or subsequent convictions. [40 CFR 122.41(a)(2)]
f. Under state law,a civil penalty of not more than$25,000 per violation may be assessed against any person
who violates or fails to act in accordance with the terms, conditions,or requirements of a permit. [North
Carolina General Statutes § 143-215.6A]
g. Any person may be assessed an administrative penalty by the Administrator for violating section 301,302,
306,307,308,318 or 405 of this Act,or any permit condition or limitation implementing any of such sections
in a permit issued under section 402 of this Act.Administrative penalties for Class I violations are not to
exceed$16,000 per violation,with the maximum amount of any Class I penalty assessed not to exceed
$37,500. Penalties for Class II violations are not to exceed$16,000 per day for each day during which the
violation continues,with the maximum amount of any Class II penalty not to exceed$177,500. [33 USC
1319(g)(2)and 40 CFR 122.41(a)(3)]
2. Duty to Mitigate
The Permittee shall take all reasonable steps to minimize or prevent any discharge or sludge use or disposal in
violation of this permit with a reasonable likelihood of adversely affecting human health or the environment [40
CFR 122.41(d)].
3. Civil and Criminal Liability
Except as provided in permit conditions on "Bypassing" (Part II.C.4),"Upsets"(Part II.C.5)and"Power Failures"
(Part II.C.7),nothing in this permit shall be construed to relieve the Permittee from any responsibilities,liabilities,
or penalties for noncompliance pursuant to NCGS 143-215.3, 143-215.6 or Section 309 of the Federal Act,33 USC
1319.Furthermore,the Permittee is responsible for consequential damages, such as fish kills,even though the
responsibility for effective compliance may be temporarily suspended.
4. Oil and Hazardous Substance Liability
Nothing in this permit shall be construed to preclude the institution of any legal action or relieve the Permittee
from any responsibilities, liabilities, or penalties to which the Permittee is or may be subject to under NCGS 143-
215.75 et seq.or Section 311 of the Federal Act,33 USG 1321.Furthermore,the Permittee is responsible for
consequential damages, such as fish kills,even though the responsibility for effective compliance may be
temporarily suspended.
5. Property Rights
The issuance of this permit does not convey any property rights in either real or personal property,or any exclusive
privileges,nor does it authorize any injury to private property or any invasion of personal rights,nor any
infringement of Federal, State or local laws or regulations [40 CFR 122.41(g)].
6. Onshore or Offshore Construction
This permit does not authorize or approve the construction of any onshore or offshore physical structures or
facilities or the undertaking of any work in any navigable waters.
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7. Severability
The provisions of this permit are severable.If any provision of this permit, or the application of any provision of
this permit to any circumstances,is held invalid,the application of such provision to other circumstances,and the
remainder of this permit,shall not be affected thereby [NCGS 150B-23].
8. Duty to Provide Information
The Permittee shall furnish to the Permit Issuing Authority,within a reasonable time,any information which the
Permit Issuing Authority may request to determine whether cause exists for modifying,revoking and reissuing,or
terminating this permit or to determine compliance with this permit.The Permittee shall also furnish to the Permit
Issuing Authority upon request, copies of records required by this permit[40 CFR 122.41(h)].
9. Duty to Reapply
If the Permittee wishes to continue an activity regulated by this permit after the expiration date of this permit,the
Permittee must apply for and obtain a new permit[40 CFR 122.41(b)].
10. Expiration of Permit
The Permittee is not authorized to discharge after the expiration date.In order to receive automatic authorization to
discharge beyond the expiration date,the Permittee shall submit such information, forms,and fees as are required
by the agency authorized to issue permits no later than 180 days prior to the expiration date unless permission for a
later date has been granted by the Director. (The Director shall not grant permission for applications to be
submitted later than the expiration date of the existing permit.) [40 CFR 122.21(d)] Any Permittee that has not
requested renewal at least 180 days prior to expiration, or any Permittee that does not have a permit after the
expiration and has not requested renewal at least 180 days prior to expiration,will subject the Permittee to
enforcement procedures as provided in NCGS 143-215.6 and 33 USC 1251 et. seq.
11. Signatory Requirements
All applications,reports,or information submitted to the Permit Issuing Authority shall be signed and certified [40
CFR 122.41(k)].
a. All permit applications shall be signed as follows:
(1) For a corporation: by a responsible corporate officer.For the purpose of this Section,a responsible
corporate officer means: (a)a president,secretary,treasurfg 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 of chore 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 cert, 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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