WQ0003449_Final Permit_19990810

State of North Carolina
Department of Environment
and Natural Resources
Division of Water Quality
James B. Hunt, Jr., Governor
Wayne McDevitt, Secretary
Kerr T. Stevens, Director
August 10, 1999
MR, RALPH D. SMITH, VICE PRESIDENT OF OPERATIONS
TRIGEN-BIOPOWER, INC.
9140 ARROWPOINT BOULEVARD, SUITE 370
CHARLOTTE, NORTH CAROLINA 28273
Dear Mr. Smith:
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NORTH CAROLINA DEPARTMENT OF
ENVIRONMENT AND NATURAL RESOURCES
Subject: Permit No. WQ0003449
Trigen-BioPower, Inc.
Forest City Facility
Scrubber Water Recycle System
Rutherford County
In accordance with your renewal request received May 14, 1999, we are forwarding herewith Permit No.
WQ0003449, dated August 10, 1999, to Trigen-BioPower, Inc. for the continued operation of the subject scrubber water
recycle system.
This permit shall be effective from the date of issuance until July 31, 2004, shall void Permit No. WQ0003449 issued
June 24, 1998, and shall be subject to the conditions and limitations as specified therein. Please pay particular attention to the
monitoring requirements in this permit. Failure to establish an adequate system for collecting and maintaining the required
operational information will result in future compliance problems.
If any parts, requirements, or limitations contained in this permit are unacceptable, you have the right to request an
adjudicatory hearing upon written request within thirty (30) days following receipt of this permit. This request must be in the
form of a written petition, conforming to Chapter 150B of North Carolina General Statutes, and filed with the Office of
Administrative Hearings, P.O_ Drawer 27447, Raleigh, NC 27611-7447. Unless such demands are made this permit shall be
final and binding.
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If you need additional information concerning this matter, please contaTs. Joni Cardin at [phone] extension
Since e ,
Aerr T. Stevens
cc: Rutherford County Health Department
Asheville Regional Office, Water Quality Section
Asheville Regional Office, Groundwater Section
Supervisor, Groundwater Section, Central Office
Technical Assistance and Certification Unit
Non -Discharge Compliance/Enforcement Unit
1617 Mail Service Center, Raleigh, North Carolina 27699-1617 Telephone [phone] Fax [phone]
An Equal Opportunity Affirmative Action Employer 50% recycled/10% post -consumer paper

NORTH CAROLINA
ENVIRONMENTAL MANAGEMENT COMMISSION
DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES
RALEIGH
RECYCLE SYSTEM PERMIT
In accordance with the provisions of Article 21 of Chapter 143, General Statutes of North Carolina as amended, and
other applicable Laws, Rules, and Regulations
PERMISSION IS HEREBY GRANTED TO
Trigen-BioPower, Inc.
Rutherford County
FOR THE
continued operation of a scrubber water recycle system consisting of a 10,000 -square -foot concrete
recirculation/settling basin, a 300 -GPM recirculation pump, and all associated valves, piping, and appurtenances to
serve Trigen BioPower, Inc.'s Forest City Facility, with no discharge of wastes to the surface waters, pursuant to
the renewal request received May 14, 1999, and in conformity with the project plan, specifications, and other
supporting data subsequently filed and approved by the Department of Environment and Natural Resources and
considered a part of this permit.
This permit shall be effective from the date of issuance until July 31, 2004, shall void Permit No.
WQ0003449 issued June 24, 1998, and shall be subject to the following specified conditions and limitations:
1. This permit is effective only with respect to the nature and volume of wastes described in the application and
other supporting data.
2. The facilities shall be properly maintained and operated at all times.
3. This permit is not transferable. In the event there is a desire for the facilities to change ownership, or there is
a name change of the Permittee, a formal permit request must be submitted to the Division of Water Quality
(Division) accompanied by an application fee, documentation from the parties involved, and other supporting
materials as may be appropriate. The approval of the request will be considered on its merits and may or may
not be approved.
4. In the event that the facilities fail to perform satisfactorily, including the creation of nuisance conditions, the
Permittee shall take immediate corrective action, including those actions that may be required by this
Division, such as the construction of additional or replacement treatment or disposal facilities.
5. The residuals generated from these treatment facilities must be disposed in accordance with General Statute
143-215.1 and in a manner approved by the Division.
6. The issuance of this permit shall not relieve the Permittee of the responsibility for damages to surface or
groundwaters resulting from the operation of this facility.

The facilities shall be effectively maintained and operated as a non -discharge system to prevent the discharge
of any wastewater resulting from the operation of this facility.
Diversion or bypassing of untreated wastewater from the treatment facilities is prohibited.
9. Freeboard in the recirculation/settling basin shall not be less than two feet at any time.
10. Any monitoring deemed necessary by the Division to insure surface and ground water protection will be
established and an acceptable sampling reporting schedule shall be followed.
11. The COMPLIANCE BOUNDARY for the disposal system is specified by regulations in 15A NCAC 2L,
Groundwater Classifications and Standards. The Compliance Boundary is for the disposal system
constructed after December 31, 1983 is established at either (1) 250 feet from the waste disposal area, or (2)
50 feet within the property boundary, whichever is closest to the waste disposal area. An exceedance of
Groundwater Quality Standards at or beyond the Compliance Boundary is subject to immediate remediation
action in addition to the penalty provisions applicable under General Statute 143-215.6A(a)(1).
In accordance with 15A NCAC 2L, a REVIEW BOUNDARY is established around the disposal systems
midway between the Compliance Boundary and the perimeter of the waste disposal area. Any exceedance of
standards at the Review Boundary shall require remediation action on the part of the Permittee.
12. Adequate inspection, maintenance, and cleaning shall be provided by the Permittee to insure proper operation
of the subject facilities.
13. The Permittee or his designee shall inspect the wastewater recycle facilities to prevent malfunctions and
deterioration, operator errors and discharges which may cause or lead to the release of wastes to the
environment, a threat to human health, or a nuisance. The Permittee shall maintain an inspection log or
summary including at least the date and time of inspection, observations made, and any maintenance, repairs,
or corrective actions taken by the Permittee. This log of inspections shall be maintained by the Permittee for
a period of three years from the date of the inspection and shall be made available to the Division or other
permitting authority, upon request.
14. Any duly authorized officer, employee, or representative of the Division may, upon presentation of
credentials, enter and inspect any property, premises or place on or related to the recycle system at any
reasonable time for the purpose of determining compliance with this permit, may inspect or copy any records
that must be maintained under the terms and conditions of this permit, and may obtain samples of
groundwater, surface water, or leachate.
15. The annual administering and compliance fee must be paid by the Permittee within thirty (30) days after
being billed by the Division. Failure to pay the fee accordingly may cause the Division to initiate action to
revoke this permit as specified by 15A NCAC 211.0205 (c)(4).
16. Failure to abide by the conditions and limitations contained in this permit may subject the Permittee to an
enforcement action by the Division in accordance with North Carolina General Statute 143-215.6A to 143-
215.6C.
17. The issuance of this permit does not preclude the Permittee from complying with any and all statutes, rules,
regulations, or ordinances which may be imposed by other government agencies (local, state, and federal)
which have jurisdiction.
18. A set of approved plans and specifications for the subject project must be retained by the Permittee for the
life of this project.

19. Noncompliance Notification:
The Permittee shall report by telephone to the Asheville Regional Office, telephone number [phone],
as soon as possible, but in no case more than 24 hours or on the next working day following the occurrence or
first knowledge of the occurrence of any of the following:
a. Any occurrence at the wastewater treatment facility which results in the treatment of significant amounts
of wastes which are abnormal in quantity or characteristic, such as the dumping of the contents of a basin
or tank, the known passage of a slug of hazardous substance through the facility, or any other unusual
circumstances;
b. Any process unit failure, due to known or unknown reasons, that renders the facility incapable of
adequate wastewater treatment, such as mechanical or electrical failures of pumps, aerators, compressors,
etc.;
c. Any failure of apumping station, sewer line, or treatment facility resulting in a by-pass directly to
receiving waters without treatment of all or any portion of the influent to such station or facility; or
d. Any time that self -Monitoring information indicates that the facility is not in compliance with its permit
limitations.
Persons reporting such occurrences by telephone shall also file a written report in letter form within five (5)
days following first knowledge of the occurrence. This report must outline the actions taken or proposed to
be taken to ensure that the problem does not recur.
20. Upon classification of the facility by the Water Pollution Control Systems Operators Certification
Commission (WPCSOCC), the Permittee shall employ a certified wastewater treatment plant operator to be
in responsible charge (ORC) of the wastewater treatment facilities. The operator must hold a certificate of
the type and grade at least equivalent to or greater than the classification assigned to the wastewater treatment
facilities by the WPCSOCC. The Permittee must also employ a certified back-up operator of the appropriate
type and grade to comply with the conditions of 15A NCAC 8A ,0202. The ORC of the facility must visit
each Class I facility at least weekly and each Class II, 111, and IV facility at least daily, excluding weekends
and holidays, and must properly manage and document daily operation and maintenance of the facility and
must comply with all other conditions of 15A NCAC 8A.0202.
21. The Permittee, at least six (6) months prior to the expiration of this permit, shall request its extension. Upon
receipt of the request, the Commission will review the adequacy of the facilities described therein, and if
warranted, will extend the permit for such period of time and under such conditions and limitations as it may
deem appropriate.
Permit issued this tpe tenth day of August, 1999
NORTH
AL MANAGEMENT COMMISSION
Kerr T. Stevens, Director
Division of Water Quality
By Authority of the Environmental Management Commission
Permit Number WQ0003449