NC0025712_Issuance of Permit_20180910

ROY COOPER
Governor
' : MICHAEL S. REGAN
cc1;114:n- .n
Sea eta);
` .��. LINDA CULPEPPER
' :a Inter nn Du ecto
NORTH CAROLINA
Environmental Quality
September 10,2018
Mr.Bobby Taylor
Town of Hookerton
P.O.Box 296
Hookerton,NC 28538-0296 Subject: Issuance of NPDES Permit NC0025712
Town of Hookerton WWTP
Grade I Biological WPCS
Greene County
Division personnel have reviewed and approved your application for renewal of the subject permit.
Accordingly,we are forwarding the attached NPDES discharge permit. This permit is issued pursuant to the
requirements of North Carolina General Statute 143-215.1 and the Memorandum of Agreement between North
Carolina and the U.S. Environmental Protection Agency dated October 15, 2007 (or as subsequently amended).
This final permit includes no major changes from the draft permit sent to you on July 11,2018.
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 any other Federal, State, or Local governmental permit that may be required. If you have
any questions concerning this permit,please contact Emily DelDuco at emily.delduco@,ncdenr.gov or at the
number listed below.
S. rely,
if
t �-
Linda Culpepper
Interim Director
cc: NPDES files
ec: Wilmington Regional Office
Q6
North Carolina Department of Environmental Quality I Division of Water Resources
1617 Mail Service Center I Raleigh,North Carolina 27699-1617
919-707-9125

Permit NC0025712
Grade I Biological WPCS [15A NCAC 08G .0302] '
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,the
Town of Hookerton
is hereby authorized to discharge wastewater from a facility located at the
Hookerton Wastewater Treatment Plant
NC Highway 123
Hookerton
Greene County
to receiving waters designated as Contentnea Creek in the Neuse 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 01,2018.
This permit and authorization to discharge shall expire at midnight on May 31, 2023.
Signed this day September 10, 2018.
i
'2-2
mda Culpepper, Interim Di - or
Division of Water Resources
By Authority of the Environmental Management Commission
Page 1 of 8

Permit NC0025712
Grade I Biological WPCS [15A NCAC 08G .0302]
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.
The Town of Hookerton is hereby authorized to:
1. Continue to operate an existing 0.060 MGD wastewater treatment plant that includes the
following components:
• influent bar screen
• three cell lagoon with adjustable effluent baffles and a small
surface aerator in the third cell
The facility is located on NCHighway 123,North of Hookerton, Greene County.
2. The greenhouse constructed on the property is currently inactive. A permit modification will
be required if the greenhouse returns to use in the future.
3. Discharge from said treatment works via Outfall 001 at the location on the attached map, into
Contentnea Creek [Stream Index: 27-86-(7)], currently classified C-Swamp NSW waters
within the Neuse River Basin [HUC: 030202030703].
Page 2 of 8

Permit NC0025712
Grade I Biological WPCS [15A NCAC 08G .0302]
Part I.
A. (1) EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS
[15A NCAC 02B .0400 et seq., 02B .0500 et seq.]
During the period beginning on the effective date of the permit and lasting until expiration, the Permittee is
authorized to discharge from outfall 001. Such discharges shall be limited and monitored) by the Permittee as
specified'below:
EFFLUENT LIMITATIONS MONITORING REQUIREMENTS
PARAMETER Monthly Weekly Daily Measurement Sample Sample
Average Average Maximum Frequency Type Location 2
Flow(MGD) Influent or
[50050] 0.060 Continuous Recording Effluent
Total Monthly Flow(MG) Recorded or Influent or
[82220] Monitor&Report Monthly Calculated Effluent
BOD5 3[C0310] 30.0 mg/L 45.0 mg/L 2/Month Influent,
Grab Effluent
Total Suspended Solids 3 90.0 mg/L 135.0 mg/L 2/Month Influent,
[C0530] Grab Effluent
NH3 as N Monthly Grab Effluent
[C0610]
Dissolved Oxygen
[00300] Monitor&Report(mg/L) Weekly Grab U,D
Fecal Coliform 200/100 mL 400/100 mL 2/Month Grab Effluent
[31616]
Total Residual Chlorine
(TRC)4 [50060] 28 ug/L 4 2/Week Grab Effluent
Temperature(°C)
[00010] Weekly Grab U,D
TN(mg/L)5[C0600] Monitor&Report 2/Month Grab Effluent
(NO2-N+NO3-N+TKN)
TN Load 6 Monitor&Report(lb/month) Monthly Calculated Effluent
[QM600&QY600] Monitor&Report(Ib/yr) Annually Calculated Effluent
Total Phosphorus
[C0665] Monitor&Report(mg/L) 2/Month Grab Effluent
pH Between 6.0 and 9.0 Standard Units Weekly Grab Effluent
[00400]
Footnotes:
1 The permittee shall submit discharge monitoring reports electronically using the Division's eDMR system[see A. (6)]
2 .U:Upstream at Hwy 13/258 ,D:Downstream at Hwy 123. See condition A. (2)of this permit for instream monitoring
requirements.
3 The monthly average BODS and Total Suspended Solids concentrations shall not exceed 15%of the respective influent
value(i.e., 85%removal required).
Page 3 of 8

Permit NC0025712
Grade I Biological WPCS [15A NCAC 08G .0302]
4 TRC--Effluent monitoring and limit apply only if chlorine or a chlorine derivative is added.Because low-level TRC is
currently difficult to quantify in a wastewater matrix,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 using North Carolina-certified field and lab test methods,even if these values fall below 50µg/L.
5 For a given wastewater sample,TN=TKN+NO3-N+NO2-N,where TN is total nitrogen,TKN is total Kjeldahl
Nitrogen,and NO3-N and NO2-N are nitrate and nitrite nitrogen,respectively.
6 TN load is the mass quantity of total nitrogen discharged in a given time period. See condition A.(4)of this permit.
The Permittee shall discharge no floating solids or foam visible in other than trace amounts.
A. (2) INSTREAM MONITORING REQUIREMENTS
[15A NCAC 02B .0500 et seq.]
Instream monitoring is required for the following parameters at the locations specified:
EFFLUENT „s Measurement - Sample Sample
CHARACTERISTICS - Frequency Type Locationl
Dissolved Oxygen June-Sept 1/week
Grab • U,D
October-May 1/week
Temperature°C June-Sept 1/week
Grab U,D
October-May 1/week
Footnotes:
1. U:Upstream at Hwy 13/258. D:Downstream at Hwy 123.
A. (3) CALCULATION OF TOTAL NITROGEN LOADS
[G.S. 143-215.1(b)]
a. The Permittee shall calculate monthly and annual TN Loads as follows:
i. Monthly TN Load(lb/mo)=TN x TMF x 8.34
where:
TN = the average Total Nitrogen concentration(mg/L) of the
composite samples collected during the month
TMF = the Total Monthly Flow of wastewater discharged during the
month(MG/mo)
8.34 = conversion factor, from(mg/L x MG)to pounds
ii. Annual TN Load (lb/yr) =Sum of the 12 Monthly TN Loads for the calendar year
Page 4 of 8 •

Permit NC0025712
Grade I Biological WPCS [15A NCAC 08G .0302]
b. The Permittee shall report monthly Total Nitrogen results (mg/L and lb/mo) in the discharge
monitoring report for that month and shall report each year's annual results (lb/yr) in the December
report for that year.
A. (4.) ANNUAL LIMITS FOR TOTAL NITROGEN
[G.S. 143-215.1(b)]
a. Total Nitrogen(TN)allocations and TN Load limits for NPDES dischargers in the Neuse River basin apply
on a calendar year basis.
b. For any given calendar year,the Permittee shall be in compliance with the annual TN Load limit in this
Permit if:
(i.) the Permittee's annual TN discharge is less than or equal to its TN Load limit, or
(ii.) the Permittee is a co-permittee member of a compliance association.
c. The TN Load limit in this Permit(if any)may be modified as the result of allowable changes in the
Permittee's TN allocation.
i. Allowable changes include those resulting from purchase of TN allocation from the Wetlands
Restoration Fund;purchase, sale,trade, or lease of allocation between the Permittee and other
dischargers; regionalization; and other transactions approved by the Division.
ii. The Permittee may request a modification of the TN Load limit in this Permit to reflect allowable
changes in its TN allocation.Upon receipt of timely and proper application,the Division will modify
the permit as appropriate and in accordance with state and federal program requirements.
iii. Changes in TN limits become effective on January 1 of the year following permit modification.The
Division must receive application no later than August 31 for changes proposed for the following
calendar year.
iv. Application shall be sent to:
NCDWR/NPDES Program
Attn:Neuse River Basin Coordinator
1617 Mail Service Center
Raleigh,NC 27699-1617
d. If the Permittee is a member and co-permittee of an approved compliance association, its TN discharge
during that year is governed by that association's group NPDES permit and the TN limits therein.
i. The Permittee shall be considered a Co-Permittee Member for any given calendar year in which it is
identified as such in Appendix A of the association's group NPDES permit.
ii. Association roster(s) and members'TN allocations will be updated annually and in accordance with
state and federal program requirements.
iii. If the Permittee intends to join or leave a compliance association,the Division must be notified of the
proposed action in accordance with the procedures defined in the association's NPDES permit.
(A) Upon receipt of timely and proper notification,the Division will modify the permit as appropriate
and in accordance with state and federal program requirements.
(B) Membership changes in a compliance association become effective on January 1 of the year
following modification of the association's permit.
Page 5 of 8

Permit NC0025712
Grade I Biological WPCS [15A NCAC 08G .0302]
e. The TN monitoring and reporting requirements in this Permit remain in effect until expiration of this Permit
and are not affected by the Permittee's membership in a compliance association.
A. (5) TOTAL NITROGEN ALLOCATIONS
[G.S. 143-215.1(b)]
a. The following table lists the Total Nitrogen(TN) allocation(s) assigned to,acquired by, or transferred to the
Permittee in accordance with the Neuse River nutrient management rule(T15A NCAC 02B .0234)and the
status of each as of permit issuance.For compliance purposes,this table does not supercede any TN limit(s)
established elsewhere in this permit or in the NPDES permit of a compliance association of which the
Permittee is a Co-Permittee Member.
ALLOCATION ALLOCATION AMOUNT 0)
TYPE SOURCE DATE STATUS
Estuary(lb/yr) Discharge(lb/yr)
Base Assigned by Rule 12/7/97; 607 1,213 Active
(T15A NCAC 02B 4/1/03
.0234)
Footnote:
(1) Transport Factor=50%
Any addition, deletion, or modification of the listed allocation(s) (other than to correct typographical errors)or
any change to Active status of any of the listed allocations shall be considered a major modification of
this permit and shall be subject to the public review process afforded such modifications under state and
federal rules.
A. (6) ELECTRONIC REPORTING OF DISCHARGE MONITORING REPORTS
[G.S. 143-215.1(b)]
Proposed federal regulations require electronic submittal of all discharge monitoring reports (DMRs)
and specify that, if a state does not establish a system to receive such submittals, then permittees must
submit DMRs electronically to the Environmental Protection Agency(EPA). The Division anticipates
that these regulations will be adopted and is beginning implementation.
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 [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.
Page 6 of 8

Permit NC0025712
Grade I Biological WPCS [15A NCAC 08G .0302]
Monitoring results obtained during the previous month(s) shall be summarized for each month and
submitted electronically using eDMR. The eDMR system allows permitted facilities to enter monitoring
data and submit DMRs electronically using the internet. Until such time that the state's eDMR
application is compliant with EPA's Cross-Media Electronic Reporting Regulation(CROMERR),
permittees will be required to submit all discharge monitoring data to the state electronically using
eDMR and will be required to complete the eDMR submission by printing, signing, and submitting one
signed original and a copy of the computer-printed eDMR to the following address:
NC DENR/Division of Water Resources/Information Processing Unit
ATTENTION: Central Files/eDMR
1617 Mail Service Center
Raleigh,NC 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.
Requests for temporary waivers from the NPDES electronic reporting requirements must be submitted
in writing to the Division for written approval at least sixty(60) days prior to the date the facility would
be required under this permit to begin using eDMR. Temporary waivers shall be valid for twelve(12)
months and shall thereupon expire. At such time, DMRs shall be submitted electronically to the
Division unless the permittee re-applies for and is granted a new temporary waiver by the Division.
Information on eDMR and application for a temporary waiver from the NPDES electronic reporting
requirements is found on the following web page:
http://portal.ncdenr.org/web/wq/admin/bog/ipu/edmr
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.
2. Signatory Requirements [Supplements Section B. (11.) (b) and supersedes Section B. (11.)
cLal
All eDMRs submitted to the permit issuing authority shall be signed by a person described in Part II,
Section B. (11.)(a) or by a duly authorized representative of that person as described in Part II, Section
B. (11.)(b). A person, and not a position,must be delegated signatory authority for eDMR reporting
purposes.
For eDMR submissions, the person signing and submitting the DMR must obtain an eDMR user account
and login credentials to access the eDMR system. For more information on North Carolina's eDMR
Page 7 of 8

Permit NC0025712
Grade I Biological WPCS [15A NCAC 08G .0302]
system,registering for eDMR and obtaining an eDMR user account,please visit the following web
page:
http://portal.ncdenr.org/web/wq/admin/b-og/ipu/edmr
Certification. Any person submitting an electronic DMR using the state's eDMR system shall make the
following certification [40 CFR 122.22]. NO OTHER STATEMENTS OF CERTIFICATION WILL
BE ACCEPTED:
"I certify,under penalty of law, that this document and all attachments were prepared under my
direction or supervision in accordance with a system designed to assure that qualified personnel properly
gather and evaluate the information submitted. Based on my inquiry of the person or persons who
manage the system, or those persons directly responsible for gathering the information, the information
submitted is, to the best of my knowledge and belief,true, accurate, and complete. I am aware that there
are significant penalties for submitting false information, including the possibility of fines and
imprisonment for knowing violations."
3. 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 8 of 8

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NPDES Permit NC0025712 50.000 jig
Receiving Stream:Contentnea Creek
Stream Class: C;Sw,NSW
Stream Segment:27-86-(7) Sub-Basin#:03-04-07
River Basin:Neuse River HUC:030202030703 SCALE 35.428333°N, -77.590833°W
County:Greene 1:20,000

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
(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.
D 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
V
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 subiect 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 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 offines 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:
D 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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