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ROY COOPER NORTH CAROLINA
Governor Environmental Quality
MICHAEL S.BEGAN
Secretary
LINDA CULPEPPER
Interim Director
October 17,2018
Mr. Daniel F. McLawhorn,Chairman
Neuse River Compliance Association
PO Box 1410
Clayton,North Carolina 27528-1410
Subject: Draft NPDES Permit No.NCC000001
Neuse River Compliance Association
Dear Mr. McLawhorn:
The Division of Water Resources has reviewed the Neuse River Compliance Association's
application for renewal of its NPDES permit,without modification. The Division has made a
tentative determination to re-issue the permit,and we are enclosing a draft permit and fact
sheet for your review and comment.
Because no revisions are proposed,the Association's Estuary TN Limitation remains at
1,187,213 lb/yr.
At this time,the Division is submitting a notice to the newspapers of general circulation in the
counties of the Neuse River basin,inviting public comment on the draft permit.The notice is
scheduled to be published on or about October 19th. Following a 30-day comment period,we
will review all pertinent comments received and take appropriate action on the permit renewal.
Please provide any comments you have regarding the draft permit to this office no later than
November 19th.
If you have any questions concerning this draft permit,please contact me at(919) 707-3603 or
mike.templeton@ncdenr.gov.
Sincerely,
'Ak_6:: *"."
Michael E.Templeton,P.E.
Enclosures: Draft NPDES Permit No.NCC000001 and Fact Sheet
Copies(w/end.): Haywood Phthisic,Executive Director,NRCA
NPDES Files
eCopies(w/ end.): Glenn Dunn,Poyner&Spruill
George Matthis,River Guardian Foundation
Katy Langley Hunt,Sound Rivers
EPA Region 4 NPDES Program
Raleigh and Washington Regional Offices,DWR/Surface Water
Nora Deamer,Basinwide Planning Unit
-DEQ-*
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
Permit No. NCC000001
DRAFT
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
The Neuse River Compliance Association
and Its Co-Permittee Members
are hereby authorized to discharge Total Nitrogen from the Co-Permittee Member treatment facilities
listed herein
to receiving waters in the Neuse River Basin in accordance with effluent limitations,monitoring and
reporting requirements,and other conditions set forth in this permit.
This permit shall become effective January 1,2019.
This permit and the authorization to discharge shall expire at midnight on December 31,2023.
Signed this day December ,2018.
DRAFT
Linda Culpepper,Interim Director
Division of Water Resources
By Authority of the Environmental Management Commission
DRAFT Permit No. NCC000001
Certificate of Coverage
Page ii of ii
TABLE OF CONTENTS
CERTIFICATE OF COVERAGE i
PART I - SPECIAL CONDITIONS 1
SECTION A-WASTEWATER CONTROLS
A.(1.) DEFINITIONS 1
A.(2.) CO-PERMITTEES AND TN ALLOCATIONS 2
A.(3.) EFFLUENT LIMITATIONS 2
A.(4.) MONITORING REQUIREMENTS 3
A.(5.) REPORTING REQUIREMENTS 4
A.(6.) COMPLIANCE 4
PARTS II&III-STANDARD CONDITIONS 1
SECTION A-APPLICABILITY OF PARTS II&III 1
SECTION B-DEFINITIONS 1
SECTION C-GENERAL CONDITIONS 2
SECTION D-MONITORING AND RECORDS 5
SECTION E-REPORTING REQUIREMENTS 7
PART III - OTHER REQUIREMENTS 9
APPENDIX A - CO-PERMITTEES,TRANSPORT FACTORS,AND TN ALLOCATIONS 1
APPENDIX B - POINT SOURCE FACILITIES ASSIGNED TOTAL NITROGEN ALLOCATIONS 1
DRAFT Permit No. NCC000001
Part I,Page 1 of 5
PART I
SPECIAL CONDITIONS
A.(1.) DEFINITIONS
(a.) Active TN Allocation: Allocation that is included in calculation of TN Load Limits.Allocation
held by a permittee is active by default but may be designated as reserve allocation by the
Division or at the request of the permittee. (See also Reserve TN Allocation.)
(b.) Allocation(or"TN Allocation"): (1) The mass quantity (as of TN) that a discharger or group of
dischargers (such as the Association)is potentially allowed to release to surface waters in
accordance with the Neuse River rule.TN Allocations may be expressed as Estuary TN Allocation
or as the equivalent Discharge TN Allocation;also as active or reserve allocation. (2) In practice,
the term can refer to a permittee's or group's allocation as a whole or to some lesser quantity.
(c.) Association: The Neuse River Compliance Association,a not-for-profit corporation comprised of
NPDES-permitted dischargers in the Neuse River Basin; established voluntarily under the Neuse
Wastewater rule to meet the aggregate Estuary TN Allocation of its Co-Permittee Members.
(d.) Co-Permittee Members: Those NPDES dischargers that for a given calendar year are members of
the Association and are listed in Appendix A of this permit.
(e.) Discharge TN Allocation: TN Allocation specified as applying at the point of discharge (or"end-
of-pipe").
(f.) Discharge TN Load: Actual TN Load measured at a Co-Permittee Member's point of discharge
(or "end-of-pipe").
(g.) Estuary: The Neuse River estuary,which extends from approximately Streets Ferry to the
Pamlico Sound.
(h.) Estuary TN Allocation: TN Allocation specified as applying at the estuary. A Co-Permittee
Member's Estuary TN Allocation is equivalent to its Discharge TN Allocation multiplied by the
applicable Transport Factor.
(i.) Estuary TN Limitation: The sum of active TN allocations held by the Association and its Co-
Permittee Members (group limit) or a Co-Permittee Member (individual limits),as listed in
Appendix A of this permit.
(j.) Estuary TN Load: TN Load estimated to be delivered to the estuary. A Co-Permittee Member's
Estuary TN Load is equivalent to its Discharge TN Load multiplied by the applicable Transport
Factor.
(k.) Limitation(or"TN Limit(ation)" or"TN Load Limit(ation)"):The mass quantity of TN specified
in an NPDES permit as the maximum that an individual discharger or group of dischargers is
authorized to discharge to surface waters. The TN Limitation is the sum of active allocations held
by an individual Co-Permittee Member (in the case of individual limitations) or held in the
aggregate by the Association and its Co-Permittee Members (in the case of the group limitation).
For the purposes of this permit,TN Load Limits are expressed in terms of Estuary TN Load.
(1.) Load (or "TN Load"): The actual mass quantity (as of TN) that a discharger or group of
dischargers releases into surface waters of the Neuse River Basin. TN Loads may be expressed as
Discharge TN Load or as the equivalent Estuary TN Load.
(m.) Neuse Wastewater Rule: The Neuse River Basin Nutrient Sensitive Waters Management Strategy:
Wastewater Discharge Requirements rule (T15A NCAC 2B .0234)
(n.) Regionalization: The consolidation of wastewater collection and/or treatment systems that
results in the elimination of one or more NPDES-permitted discharges.
(o.) Reserve TN Allocation: Allocation that is not included in calculation of TN Limits.The Division
may designate allocation as reserve when water quality-based limits established to prevent
DRAFT Permit No. NCC000001
Part I,Page 2 of 5
localized impacts render that allocation inactive;when treatment of the allocation as active would
be inconsistent with the Neuse Wastewater rule. (See also Active TN Allocation.)
(p.) Total Maximum Daily Load (of TMDL): (1) Generally,the allowable load of a pollutant that can
be discharged to a water body without causing loss of that water's designated uses. (2) In the
context of this permit,refers to Phase II of the Total Maximum Daily Load for Total Nitrogen to the
Neuse River Estuary,North Carolina,approved by the U.S. Environmental Protection Agency on
March 19,2002,and subsequent revisions approved by the EPA.
(q.) Total Nitrogen(TN): The sum of the organic,nitrate,nitrite,and ammonia species of nitrogen in
a water or wastewater.
(r.) Transport Factor: Fraction of the TN in a discharge that is predicted to reach the estuary,as
determined by the Division.
(s.) Water Quality-Based Effluent Limitations (WQBELs): Limitations calculated specifically to
ensure that a discharge does not cause an exceedance of water quality standards either in the
vicinity of the discharge or further downstream.In the context of this permit, applies only to
Total Nitrogen.
A.(2.) CO-PERMITTEES AND TN ALLOCATIONS
(a.) Co-Permittees to this permit shall be the Neuse River Compliance Association(the "Association")
and each of its Co-Permittee Members. The Co-Permittee Members,the Transport Factors
assigned to each,the Members' individual TN allocations,and the Association Estuary TN
Allocation shall be as listed in Appendix A,which is hereby incorporated into this permit in its
entirety.
(b.) Upon timely and proper notification by the Association as described elsewhere in this permit,the
Division shall revise Appendix A to incorporate changes in Association membership,allowable
changes in TN Allocations,or reapportionment by the Association.
(i.) Changes in membership.
(A) Enrollment. In the event that a discharger is admitted to the Association,the Division
shall add the discharger and its TN Allocation to Appendix A as a Co-Permittee
Member and adjust the Association's Estuary TN Allocation accordingly.
(B) Termination. In the event that a Co-Permittee Member's membership is terminated,
the Division shall delete the departing Member and its TN Allocation from Appendix
A and adjust the Association's Estuary TN Allocation accordingly.
(ii.) For the purposes of this permit, allowable changes in TN Allocations include those resulting
from purchase of allocation from the Wetlands Restoration Fund or other authorized source;
purchase,sale,trade,or lease of allocation among the Association,its members,and non-
member dischargers;regionalization;and other transactions approved by the Division.
(iii.) The Association and its Co-Permittee Members may reapportion their TN Allocations
among themselves;however,the Division shall only incorporate the corresponding changes
into Appendix A when specifically requested in writing by the Association and after such
changes have been incorporated into the affected individual permits.
(c.) For the purposes of this permit,Association membership,individual or Association TN
Allocations and associated limits,and allocation status (active or reserve) are effective on a
calendar year basis,and any changes shall become effective no sooner than January 1 of the
following calendar year.
A.(3.) EFFLUENT LIMITATIONS
(a.) Beginning on the effective date of this permit and lasting no later than the expiration date,the Co-
Permittees are authorized to discharge Total Nitrogen(TN)from the treatment facilities listed in
Appendix A subject to the following effluent limitations.
DRAFT Permit No.NCC000001
Part I,Page 3 of 5
(i.) Association TN Limitation. In any calendar year,the Association's Estuary TN Load shall
not exceed its Estuary TN Limitation as specified in Appendix A.
Association TN Limitation: For any calendar year,
Association Estuary TN Load < Association Estuary TN Limitation
where
Association Estuary TN Load(or Limitation) = Sum of Estuary TN Loads(or Limitations)
for All Co-Permittee Members and the
Association
(ii.) Co-Permittee Member TN Limitations. In any calendar year,a Co-Permittee Member shall
be in compliance with its Estuary TN Limitation in Appendix A if:
(A) the Association Estuary TN Load complies with the Association Estuary TN
Limitation in Appendix A,or
(B) in the event that the Association Estuary TN Load exceeds its Estuary TN Limitation,
the Co-Permittee Member's Estuary TN Load does not exceed that Member's Estuary
TN Limitation in Appendix A.
(b.) Individual WQBELs: If the Division determines that a Co-Permittee Member's TN discharge has
reasonable potential to cause localized water quality impacts,it may determine an individual
water quality-based TN Limit for the Member pursuant to Neuse rule (specifically,T15A NCAC
02B .0234(6)(c), (7)(g), and (8)(h)).The Division will then propose to incorporate the new limit into
the Member's individual NPDES permit and this group permit according to standard permitting
procedures. Once the individual WQBEL becomes effective in this group permit,the Member is
subject to the new limit in lieu of the Association TN Limit. If a Member's individual WQBEL is
less than its active TN allocation,the difference is designated as reserve allocation.
(c.) Other Individual Limitations. In the event that a Co-Permittee Member's membership in the
Association is terminated,the departing Member shall no longer be eligible for coverage under
this permit and shall become subject to the TN limitation set forth in its individual NPDES
permit.
(i.) Termination of co-permittee status and re-imposition of a discharger's individual TN
limitation shall become effective only at the beginning of a calendar year (January 1).
(ii.) The Association shall notify the Division if it determines that any Member will depart at the
end of a calendar year and shall provide an accounting of all allowable changes in the
Member's TN Allocation since the most recent issuance of the departing Member's
individual NPDES permit.
(iii.) Upon receipt of the notification and accounting described above,the Division shall modify
the TN limitation in the departing Member's individual NPDES permit as necessary,
effective January 1 of the succeeding year,to reflect all allowable changes in the outgoing
Member's TN Allocation and shall also modify Appendix A of this permit accordingly.
A.(4.) MONITORING REQUIREMENTS
(a.) Each Co-Permittee Member shall continue to monitor its discharge(s) and report the results to the
Division as specified in its individual NPDES permit.
(b.) The Association shall assemble the results of its Co-Permittee Members and report the combined
results to the Division as specified in Condition A.(5.),below.
DRAFT Permit No. NCC000001
Part I,Page 4 of 5
A.(5.) REPORTING REQUIREMENTS
(a.) The Association shall serve as the primary point of contact between the Division and the Co-
Permittee Members on matters related to this permit,unless otherwise noted. The Association's
responsibilities in this regard include:
(i.) preparation and submittal of any reports required by this permit or of related information
requested by the Division;
(ii.) submittal of any request for modification or renewal of this permit;and
(iii.) distribution to the Co-Permittee Members of correspondence from the Division,including
but not limited to that pertaining to permit issuance,modification,and renewal;compliance;
and reporting.
(b.) Notification of Membership/ Allocation Changes. No later than July 1 of each year,the
Association shall request modification of this permit to reflect changes in membership or TN
allocations to become effective in the following calendar year. The Association may revise its
request through its Mid-Year Report or other proper written notification.
(c.) Mid-Year Report. No later than September 30 of each year,the Association shall submit a mid-
year report to the Division.The report shall include,at a minimum,the following information:
(i.) for the period beginning July 1 of the preceding year and ending June 30 of the current year,
a report,for informational purposes only,of each Co-Permittee Member's Discharge and
Estuary TN Loads and the Association's Estuary TN Load;this requirement is waived if the
Association's Estuary TN Load for the previous calendar year was less than 80 percent of
the TN Limitation in that year;and
(ii.) notification of any further changes in Association membership or TN Allocations to become
effective in the following calendar year.
(d.) Year-End Report. No later than March 31 of each year,the Association shall submit a year-end
report to the Division. The report shall include, at a minimum,the following information for the
previous calendar year:
(i.) for the period from January 1 through December 31 of the preceding year,a report of each
Co-Permittee Member's Discharge and Estuary TN Loads and the Association's Estuary TN
Load;
(ii.) a summary of changes in Association membership;and
(iii.) a summary of all regionalisation of discharges,purchases,sales,trades,leases,and other
transactions affecting the TN Allocations of the Association or its Co-Permittee Members.
(e.) Five-Year Report. No later than July 1,2018,in conjunction with application for renewal of this
permit,the Association shall submit a 5-year report to the Division. The report shall include,at a
minimum,the following information:
(i.) a detailed summary of all membership changes and allowable changes in TN Allocations of
the Association or its Co-Permittee Members occurring during the term of this permit;
(ii.) a description of the Association's TN control strategy during that time;
(iii.) a summary of substantial new measures undertaken during that time to control TN
discharges;
(iv.) a general assessment of progress made;and
(v.) a description of efforts planned for the upcoming permit term,if known.
A.(6.) COMPLIANCE
(a.) In the event that the Association exceeds its Estuary TN Limitation in a given calendar year,the
Association shall make offset payments for that excess TN at a rate consistent with the Nutrient
Offsets Payment rule (15A NCAC 2B .0240) or such other rate as may be adopted by the
Commission. Payment shall be made no later than May 1 of the year following the exceedance
and shall be submitted to:
DRAFT Permit No. NCC000001
Part I,Page 5 of 5
NCDEQ/ Division of Mitigation Services
Attn: Wetlands Restoration/ In-Lieu Fee Program
1652 Mail Service Center
Raleigh,NC 27699-1652
or other approved mitigation banker,and three copies shall be submitted to:
NCDEQ/ DWR/ Wastewater Branch
Attn: Neuse River Basin Offset Payments
1617 Mail Service Center
Raleigh,NC 27699-1617
(b.) For any calendar year in which the Association exceeds its Estuary TN Limitation,the Association
shall be in violation of this permit,and the Division may take appropriate enforcement action
against the Association.
(c.) For any calendar year in which the Association exceeds its Estuary TN Limitation,any Co-
Permittee Member that exceeds its Estuary TN Limitation shall also be in violation of this permit,
and the Division may take appropriate enforcement action against the Member for such
exceedance.
(d.) For any calendar year,regardless of Association compliance, any Co-Permittee Member that
exceeds an applicable WQBEL for TN shall also be in violation of this permit,and the Division
may take appropriate enforcement action against the Member for such exceedance.
(e.) Submittal of offset payments shall not limit the Division's authority to enforce the terms and
conditions of this permit nor shall it relieve the Association or its Co-Permittee Members of their
responsibility to comply with any other applicable federal,state,or local law,rule,standard,
ordinance,order,judgment,or decree. In determining the amount of any penalty to be assessed
against the Association or its Co-Permittee Members,the Division shall credit the Association or
its Members for any offset payments submitted by each,provided that the Association includes
with the offset payment submittal an accounting of each Member's contribution.
(f.) No Co-Permittee Member shall be liable for any other Co-Permittee Member's non-compliance
with this permit.
-END OF PART I-
D FSA F TPermit No.NCC000001
Appendix A,Page 1 of 3
APPENDIX A
CO-PERMITTEES,TRANSPORT FACTORS,AND TN ALLOCATIONS - NEUSE RIVER COMPLIANCE ASSOCIATION
Discharge TN Allocations Estuary TN Allocations/Limits
Permittee Permit Facility TF Holdings Facility Holdings Facility ; Individual
Total Total I WQBELs
1 Apex,Town of 1.1 NC0064050 Apex WRF 50% 40,547 40,547 20,274 20,274
2 Aqua North Carolina,Inc. 2.1 NC0064564 Neuse Colony WWTP 50% 8,447 8,447 4,224 4,224 '
3 Benson,Town of 3.1 NC0020389 Benson WWTP 50% 33,790 33,070 16,895 16,535
3.1.1 Sale to Central Johnston County WWTP,NC0030716 -720 -360
4 Cary,Town of 4.1 NC0048879 North Cary WRF 50% 135,158 143,246 67,579 71,623
4.1.1 Connection formerly Morrisville WWTP,NC0050041 4,044 2,022
4.1.2 Connection formerly Morrisville WWTP,NC0050938 4,044 2,022
4.2 NC0065102 South Cary WRF 50% 180,211 180,211 90,105 90,105
5 Clayton,Town of 5.1 NC0025453 Little Creek WRF 50% 21,400 22,832 10,700 11,416 i
5.1.1 Purchase from UNIFI-Kinston,NC0003760 1,432 ' 716
6 Contentnea Metropolitan 6.1 NC0032077 Contentnea Sewerage District WWTP 70% 32,100 37,100 22,470 25,970
Sewerage District 6.1.1Purchase from UNIFI-Kinston,NC0003760 5,000 3,500
7 CWS Systems,Inc. 7.1 NC0033111 Fairfield Harbour WWTP 100% 11,263 11,263 11,263 11,263
Z1.1 Lease from NRCA,former Burlington Industries allocation 0 0
8 Craven County 8.1 NC0089460 Craven County WTP 100% 0 0 0 0
8.1.1 Lease from NRCA,former Burlington Industries allocation 0 01 ,
Duke Energy Progress, 9.1 NC0003417 H.F.Lee Energy Complex 70% 0 0 0 0
9 Inc. 9.1.1 Lease from NRCA,former Burlington Industries allocation 0 0 2
10 E.I. DuPont de Nemours 10.1 NC0003760 E.I. DuPont-Kinston WWTP 70% 35,193 25,493 24,635 17,845
and Company,Inc. 10.1.1 Sale to Town of Clayton WWTP,NC0025453 -2,350 • -1,645
10.1.2 Sale to Central Johnston County WWTP,NC0030716 -2,350 -1,645
10.1.3 Sale to Contentnea MSD WWTP,NC0032077 -5,000 -3,500
11 Farmville,Town of 11.1 NC0029572 Farmville WWTP 50% 39,421 42,211 19,711 21,106
11.1.1 Connection formerly Walstonburg WWTP,NC0020362 2,790 1,395
12 Goldsboro,City of 12.1 NC0023949 Goldsboro WRF 70% 189,221 199,822 132,455 139,876
10.1.1 Connection formerly Genoa Industnal Park WWTP,NC0030392 8,088 : 5,662
10.1.2 Connection formerly Town of Eureka WWTP,NC0048062 578 404
10.1.3 Connection formerly Walnut Creek WWTP,NC0039233 1,618 1,132
10.1.4 Connection formerly Norwayne Jr.HS WWTP,NC0034801 173 121
10.1.5 Connection formerly C.B.Aycock HS WWTP,NC0034819 144 101
(Continued next page)
DRAFTPermit No.NCC000001
Appendix A,Page 2 of 3
APPENDIX A (CONTINUED)
CO-PERMITTEES,TRANSPORT FACTORS,AND TN ALLOCATIONS-NEUSE RIVER COMPLIANCE ASSOCIATION
Discharge TN Allocations Estuary TN Allocations/Limits
Permittee Permit Facility TF Holdings Facility Holdings Facility Individual
Total Total WQBELs
13 Havelock,City of 13.1 NC0021253 Havelock WWTP 100% 21,400 21,400 _ 21,400 21,400
14 Johnston County 14.1 NC0030716 Central Johnston County WWTP 50% 56,203 71,476 28,102 35,738
14.1.1 Connection formerly White Oak Plantation WWTP,NC0060330 5,632 2,816
14.1.2 Agreement formerly Buffalo Creek WWTP,NC0064556 5,632 2,816
14.1.3 Purchase from UNIFI-Kinston,NC0003760 3,290 1,645
14.1.4 Purchase from Town of Benson,NC0020389 720 360
15 Kenly,Town of 15.1 NC0064891 Kenly Regional WWTP 50% 7,096 7,096 3,548 3,548
16 Kinston,City of 16.1 NC0024236 Kinston Regional WRF 70% 50,684 126,711 35,479 88,697
16.1.1 Connection formerly Peachtree WWTP,NC0020541 76,026 53,218
17 La Grange,Town of 17.1 NC0021644 La Grange WWTP 70% 8,447 8,447 5,913 5,913
18 New Bern,City of 18.1 NC0025348 New Bern WWTP 100% 52,937 64,210 52,937 64,210
18.1.1 Connection formerly Zachary Taylor-Hwy 55 Site,NC0066613 5,632 5,632
18.1.2 Connection formerly Neuse Woods Apts,NC0042430 243 243
18.1.3 Connection formerly W.Craven MS,NC0029904 344 344
18.1.4 Connection formerly Neuse River W&SD,NC0070084 2,022 2,022
18.1.5 Connection formerly Craven Co. W&S-Trent River,NC0056545 3,033 3,033 _
19 Raleigh,City of 19.1 NC0029033 Neuse River WWTP 50% 675,790 687,373 _ 337,895 343,687
19.1.1 Connection formerly Plantation Inn WWTP,NC0027570 506 253
19.1.2 Connection formerly Falls Village WW7P,NC0046230 121 61
19.1.3 Connection formerly Neuse Crossings WWTP,NC0064408 6,066 3,033
19.1.4 Purchase from SGWASA WWTP,NC0026824(originally from 4,890 2,945
Bay River MSD,NC0057011,NC0066109)
19.2 NC0030759 Smith Creek WWTP 50% 67,579 70,814 33,790 35,407
19.2.1 Connection formerly Jones Dairy Farm WW7P,NC0064149 3,235 1,618
19.3 NC0079316 Little Creek WWTP 50% I 20,837 26,660 10,418 13,330
19.3.1 Connection formerly Middlesex WW7P,NC0022363 I 1,618 809
19.3.2 Connection formerly Indian Creek Overlook,NC0060771 2,265 1,132
19.3.3 Connection formerly Riverwalk MHP,NC0039292 I 1,031 516
19.3.4 Connection formerly Mill Run MHP,NC0056499 910 455
(Continued next page)
DRAFTPermit No.NCC000001
Appendix A,Page 3 of 3
•
APPENDIX A (CONTINUED)
CO-PERMITTEES,TRANSPORT FACTORS,AND TN ALLOCATIONS - NEUSE RIVER COMPLIANCE ASSOCIATION
Discharge TN Allocations Estuary TN Allocations/Limits
Permittee Permit Facility TF Holdings Facility Holdings Facility ! Individual
Total Total 1 WQBELs
20 South Granville Water& 20.1 NC0026824 SGWASA WWTP 10% 22,420 22,420 2,242 2,242
Sewer Authority
21 US MCAS Cherry Point 21.1 NC0003816 Cherry Point WWTP 100% 39,421 39,421 39,421 39,421
22 Wilson,City of 22.1 NC0023906 Wilson WWTP 50% 157,684 157,886 78,842 78,943
22.1.1 Connection formerly Willow Springs Country Club,NC0031640 202 101
23 NRCA and 23.1 N/A [Group allocation held in common] N/A 24,440
F
Co-Permittee Members 23.1.1 Deeded by Burlington Industries, 24,440 s ;
formerly NC0001376
23.1.2 Leased to Progress Energy,NC0003417, 0 2
from Burlington Industries allocation
23.1.3 Leased to CWS Systems,Inc.,NC0033111, 01
from Burlington Industries allocation 1
23.2 N/A [Individual allocation held in reserve] N/A N/A
23.2.1 Purchase from SGWASA,NC0026824 a
by Town of (previously purchased from Bay River MSD) 3,668
Clayton '
23.2.2 Purchase
by Town of from UNIFI-Kinston,NC0003760 929 a
Gayton
23.2.1 Held by formerly active allocation,held by SGWASA 3,6185
SGWASA
IAssociation Estuary TN Limit 1,187,213 lb/yr I
Total Reserve Estuary Allocation 8,215 lb/yr
Total Estuary Allocation 1,195,428 lb/yr
Footnotes:
1. Craven County is currently leasing Total Nitrogen(TN)allocation from the NRCA until the proposed facility is constructed and a determination is made as to the allocation
needed for its discharge.See footnote 3 regarding the TN allocation held by the NRCA.
2. Progress Energy's Lee Steam Plant is allowed a baseline TN load of 3,260 lb/yr at its Outfall 001(2,282 lb/yr at the estuary).Progress leased additional allocation from the
NRCA to ensure coverage for TN discharges from its Rotamix system through 2013.It ceased operation of that system in 2012.The allocations listed in this table and the
amounts to be reported by Progress under this permit pertain strictly to any load in excess of the baseline allowance.
3. In 1999,Burlington Industries deeded its TN allocation(since adjusted to 24,400 lb/yr at the estuary)for use by the Association and its Co-Permittee Members.At present,
the allocation is a group holding assigned to this group permit and is not associated with any individual permit.Unless noted otherwise in this Appendix A,the entire
amount of the allocation is active and is included in the Association Estuary TN Allocation and Limit.
4. Allocation purchased and held in reserve for future use by the co-permittee member.
5. Allocation held in reserve by the co-permittee member;under the Falls Lake nutrient strategy,a more stringent TN limit was set in its individual permit,effective CY2016.
DRAFTDR F T Permit No.NCC000001
Appendix B,Page 1 of 3
APPENDIX B
POINT SOURCE FACILITIES ASSIGNED TOTAL NITROGEN ALLOCATIONS
NEUSE RIVER BASIN
The following is a list of all treatment facilities that,as holders of individual NPDES permits in 1995,
are assigned a Total Nitrogen (TN) allocation pursuant to state rule T15A NCAC 2B .0234,Neuse River
Basin Nutrient Sensitive Waters Management Strategy-Wastewater Discharge Requirements,adopted
December 1997 and revised October 2002.
The rule establishes an aggregate Estuary TN Allocation of 1.64 million pounds TN per year for these
facilities and prescribes how the allocation is to be divided among the individual facilities. The
allocations,individual and aggregate,become effective with calendar year 2003.
The Total Maximum Daily Load for Total Nitrogen to the Neuse River Estuary,North Carolina,approved by
the USEPA Region 4 in July 1999,also concludes that this aggregate allocation is the maximum
allowable contribution from point source dischargers to the Neuse River estuary.
NPDES
Permittee Facility Subbasin Transport
Permit No. Factor
1. NC0037869 Arbor Hills MHP- 1 Arbor Hills Mobile Home Park 30401 10%
2. NC0066109 Bay River MSD Bayboro WWTP 30410 100%
3. NC0057011 Bay River MSD Oriental WWTP 30410 100%
4. NC0058785 Bible Baptist Church Bible Baptist Church WWTP 30401 10%
5. NC0027570 Bobby L. Murray Plantation Inn WWTP 30402 50%
6. NC0001376 Burlington Industries Wake Plant WWTP 30402 50%
7. NC0051322 Carolina Water Service,Inc. of NC Ashley Hill WWTP 30402 50%'
8. NC0056618 Carolina Water Service,Inc.of NC Carolina Pines WWTP 30410 100%
9. NC0062219 Carolina Water Service,Inc.of NC Kings Grant Subdivision WWTP 30402 50%
10. NC0033111 Carolina Water Service,Inc.of NC NE Craven WWTP 30410 100%
11. NC0064378 Carolina Water Service,Inc.of NC Willowbrook WWTP 30402 50%
12. NC0023841 City of Durham North Durham WRF 30401 10%
13. NC0023949 City of Goldsboro Goldsboro WWTP 30405 70%
14. NC0021253 City of Havelock Havelock WWTP 30410 100%
15. NC0024236 City of Kinston Northside WWTP 30405 70%
16. NC0020541 City of Kinston Peachtree WWTP 30405 70%
17. NC0025348 City of New Bern New Bern WWTP 30410 100%
18. NC0029033 City of Raleigh Neuse River WWTP 30402 50%
19. NC0023906 City of Wilson Wilson WWTP 30407 50%
20. NC0032077 Contentnea Metropolitan Sewerage Dist. Contentnea Sewerage District WWTP 30407 70%
21. NC0029904 Craven County Schools West Craven Middle School WWTP 30408 100%
22. NC0070084 Craven County Water&Sewer Stately Pines WWTP 30410 100%
23. NC0056545 Craven County Water&Sewer Trent River WWTP 30410 100%
24. NC0065706 Crosby Utilities Crosby Utilities/Cottonwood 30402 50%
25. NC0046230 Crosby Water and Sewer,Inc. Falls Village WWTP 30402 50%
26. NC0022853 Durham Products Eno Sewage Facility 30401 10%
27. NC0003760 E.I. Dupont de Nemours&Company,Inc. Kinston Plant 30405 70%
28. NC0066150 FMRK,Inc. Brighton Forest WWTP 30403 50%
29. NC0024520 G&S Associates Days Inn-Durham 30401 10%
30. NC0043389 Gorman Baptist Church Gorman BC WWTP 30401 10%
31. NC0040606 Heater Utilities,Inc. Barclay Downs WWTP 30402 50%
32. NC0060577 Heater Utilities,Inc. Beachwood WWTP 30402 50%
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Appendix B,Page 2 of 3
NPDES permittee Facility Subbasin Transport
Permit No. Factor
33. NC0062740 Heater Utilities,Inc. Briarwood Farms WWTP 30403 50%
34. NC0062715 Heater Utilities,Inc. Crooked Creek WWTP 30403 50%
35. NC0056391 Heater Utilities,Inc. Cross Creek Mobile Estates WWTP 30402 50%
36. NC0049662 Heater Utilities,Inc. Hawthorne Subdivision WWTP 30401 10%
37. NC0058505 Heater Utilities,Inc. Mallard Crossing WWTP 30402 50%
38. NC0064564 Heater Utilities,Inc. Neuse Colony WWTP 30402 50%
39. NC0063614 Heater Utilities,Inc. Wildwood Green WWTP 30401 10%
40. NC0060771 Indian Creek Overlook Indian Creek Overlook 30402 50%
41. NC0063746 Ira D Lee&Associates Deerchase WWTP 30402 50%
42. NC0073318 Ira D Lee&Associates Whippoorwill Valley WWTP 30402 50%
43. NC0030716 Johnston County Central Johnston County WWTP 30402 50%
44. NC0060330 Johnston County White Oak Plantation WWTP 30402 50%
45. NC0038938 Johnston County Board of Education Corinth-Holder Elementary&Middle School 30406 50%
46. NC0064149 Jones Dairy Farm Utilities Jones Dairy Farm WWTP 30402 50%
47. NC0040266 Knightdale MHP Limited Partnership Knightdale MHP Limited Partnership 30402 50%
48. NC0059099 Lake Ridge Aero Park Lake Ridge Aero Park 30401 10%
49. NC0032573 Lenoir County Public Schools Moss Hill Elementary School WWTP 30405 70%
50. NC0032565 Lenoir County Public Schools North Lenoir High School WWTP 30407 50%
51. NC0032557 Lenoir County Public Schools South Lenoir High School WWTP 30407 50%
52. NC0061492 Maury Sanitary Land District Maury Sanitary Land District WWTP 30407 50%
53. NC0049034 Mount Auburn Training Center Mount Auburn Training Center 30402 50%
54. NC0043001 Mt. Sylvan United Methodist Church Mt. Sylvan UMC WWTP 30401 10%
55. NC0037915 Nash/Rocky Mount Schools Southern Nash High School 30407 50%
56. NC0035181 NC Center For Mature Adults NC Center For Mature Adults 30403 50%
57. NC0026824 NC DHHS Butner WWTP 30401 10%
58. NC0042340 Neuse Woods Apartments Neuse Woods Apartments 30410 100%
59. NC0064246 Pace Mobile Home Park Pace Mobile Home Park 30402 50%
60. NC0036471 Person County Schools Helena Elementary School WWTP 30401 10%
61. NC0001881 Phillips Plating Company Phillips Plating Company 30410 100%
62. NC0060526 Pope Industrial Park II Ltd Pope Industrial Park II Ltd 30402 50%
63. NC0051071 Redwood Partners LLC Redwood Academy WWTP 30401 10%
64. NC0049042 Riley Hill Baptist Church Inc Riley Hill Baptist Church Inc 30406 50%
65. NC0064556 River Dell Utilities,Inc. Buffalo Creek WWTP 30406 50%
66. NC0056278 River Mill Homeowners Association,Inc. River Mill WWTP 30402 50%
67. NC0038784 Riverview Mobile Home Park Riverview Mobile Home Park 30402 50%
68. NC0030724 Southside MHP Southside MHP WWTP 30403 50%
69. NC0056731 The Chesson Group Grande Oak Subdivision WWTP 30401 10%
70. NC0064050 Town of Apex Middle Creek WWTP 30403 50%
71. NC0020389 Town of Benson Benson WWTP 30404 50%
72. NC0074837 Town of Bridgeton Bridgeton WWTP 30410 100%
73. NC0048879 Town of Cary North WWTP 30402 50%
74. NC0065102 Town of Cary South WWTP 30403 50%
75. NC0025453 Town of Clayton Little Creek WWTP 30402 50%
76. NC0048062 Town of Eureka Eureka Town-WWTP 30407 50%
77. NC0029572 Town of Farmville Farmville WWTP 30407 50%
78. NC0066516 Town of Fuquay-Varina Terrible Creek WWTP 30403 50%
79. NC0026433 Town of Hillsborough Hillsborough WWTP 30401 10%
80. NC0025712 Town of Hookerton Hookerton WWTP 30407 50%
81. NC0064891 Town of Kenly Kenly Regional WWTP 30406 50%
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NPDES permittee Facility Subbasin Transport
Permit No. Factor
82. NC0021644 Town of La Grange La Grange WWTP 30405 70%
83. NC0022363 Town of Middlesex Middlesex WWTP 30407 50%
84. NC0050938 Town of Morrisville Morrisville WTP 30402 50%
85. NC0050041 Town of Morrisville Morrisville WWTP 30402 50%
86. NC0026662 Town of Princeton Princeton WWTP 30406 50%
87. NC0030406 Town of River Bend River Bend WWTP 30411 100%
88. NC0020842 Town of Snow Hill Snow Hill WWTP 30407 50%
89. NC0057606 Town of Stantonsburg Stantonsburg WWTP 30407 50%
90. NC0021342 Town of Trenton Trenton WWTP 30411 100%
91. NC0031828 Town of Vanceboro Vanceboro WWTP 30409 100%
92. NC0030759 Town of Wake Forest Wake Forest WWTP 30402 50%
93. NC0020362 Town of Walstonburg Walstonburg WWTP 30407 50%
94. NC0079316 Town of Zebulon Little Creek WWTP 30407 50%
95. NC0065714 Tradewinds Homeowners Association,Inc. Tradewinds WWTP 30402 50%
96. NC0056499 Uniprop,Inc. Mill Run Mobile Home Park 30402 50%
97. NC0039292 Uniprop,Inc. Riverwalk Mobile Home Park 30402 50%
98. NC0003816 US MCAS Cherry Point Cherry Point WWTP 30410 100%
99. NC0061638 Utilities Inc Amherst WWTP 30403 50%
100. NC0039233 Village of Walnut Creek Walnut Creek WWTP 30405 70%
101. NC0025631 Wake Technical Institute Wake Tech WWTP 30403 50%
102. NC0030392 Wayne County Genoa Industrial Park WWTP 30405 70%
103. NC0034819 Wayne County Board of Education Charles B.Aycock High School 30407 50%
104. NC0034801 Wayne County Board of Education Norwayne Junior High School 30407 50%
105. NC0003191 Weyerhaeuser Company New Bern Mill 30408 100%
106. NC0064408 Whitewood Prop Inc Neuse Crossing WWTP 30402 50%
107. NC0031640 Willow Springs Country Club Willow Springs CC WWTP 30407 50%
108. NC0081752 Willowhaven Country Club Willowhaven CC WWTP 30401 10%
109. NC0066613 Zachary Taylor Hwy 55 Site WWTP 30410 100%
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PART II
STANDARD CONDITIONS FOR NPDES PERMITS
SECTION A-APPLICABILITY OF PARTS II AND III
Parts II and III of this permit contain standard conditions that apply specifically to individual permittees
that own or operate a treatment facility.These (or similar)conditions are routinely found in North
Carolina's NPDES wastewater permits,including those of the Neuse River Compliance Association's co-
permittee members.The conditions do not necessarily apply to the Association or its members within the
context of this group permit.The group permit includes those standard conditions that apply here at least in
part.For the purposes of determining compliance with this permit,these conditions shall be read with the
following understanding:
a. The Neuse River Compliance Association serves as a governing body for its Members.It neither owns
nor operates treatment facilities.Consequently,the standard conditions in Parts II and III of this permit
which by their terms or meaning regulate a permittee that owns or operates a treatment facility,or
which are inconsistent with the Special Conditions in Part I of this permit,shall neither be applicable to
nor enforceable against the Association.
b. Each of the Co-Permittee Members governed by this Association permit owns or operates one or more
treatment facilities.Each holds an individual NPDES permit for each facility and remains subject to the
standard conditions in its permit(s). Consequently,the standard conditions in this Association permit
shall neither be applicable to nor enforceable against the individual Co-Permittee Members under this
group permit unless such is clearly consistent with the construction of the permit.
c. Wherever a standard condition in this Association permit is by its terms or meaning applicable to the
Association or to the membership in its entirety,and it refers to "the permittee," it shall be construed to
mean the Association and its Co-Permittee Members.
SECTION B-DEFINITIONS
1. 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.
2. DWR or"the Division"
The Division of Water Resources,Watcr Quality Programs,Department of Environment ander
ResoufeesQuality.
3. EMC
The North Carolina Environmental Management Commission.
4. EPA
The United States Environmental Protection Agency.
5. Permit Issuing Authority
The Director of the Division of Water Resources.
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SECTION C-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 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)]
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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.
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.
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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]
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 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."
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)].
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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 D-MONITORING AND RECORDS
1. Representative Sampling
Samples collected and measurements taken,as required herein,shall be representative of the permitted
discharge.Samples collected at a frequency less than daily shall be taken on a day and time that is
representative of the discharge for the period the sample represents.All samples shall be taken at the
monitoring points specified in this permit and,unless otherwise specified,before the effluent joins or is
diluted by any other wastestream,body of water,or substance. Monitoring points shall not be changed
without notification to and the approval of the Permit Issuing Authority [40 CFR 122.41(j)].
2. Reporting
Monitoring results obtained during the previous month(s) shall be summarized for each month and
reported on a monthly Discharge Monitoring Report(DMR)Form(MR 1,1.1,2,3) or alternative forms
approved by the Director,postmarked no later than the last calendar day of the month following the
completed reporting period.
The first DMR is due on the last day of the month following the issuance of the permit or in the case of a
new facility,on the last day of the month following the commencement of discharge.Duplicate signed
copies of these,and all other reports required herein,shall be submitted to the following address:
NC DENR DEQ/ Division of Water Resources/ Water Quality Permitting Section
ATTENTION:Central Files
1617 Mail Service Center
Raleigh,North Carolina 27699-1617
3. Flow Measurements
Appropriate flow measurement devices and methods consistent with accepted scientific practices shall
be selected and used to ensure the accuracy and reliability of measurements of the volume of monitored
discharges.The devices shall be installed,calibrated and maintained to ensure that the accuracy of the
measurements is consistent with the accepted capability of that type of device. Devices selected shall be
capable of measuring flows with a maximum deviation of less than 10% from the true discharge rates
throughout the range of expected discharge volumes.Flow measurement devices shall be accurately
calibrated at a minimum of once per year and maintained to ensure that the accuracy of the
measurements is consistent with the accepted capability of that type of device.The Director shall
approve the flow measurement device and monitoring location prior to installation.
Once-through condenser cooling water flow monitored by pump logs,or pump hour meters as specified
in Part I of this permit and based on the manufacturer's pump curves shall not be subject to this
requirement.
4. Test Procedures
Laboratories used for sample analysis must be certified by the Division.Permittees should contact the
I Division's Laboratory Certification Section(919 733-3908 or http://portal.ncdcnr.arg/wcb/wq/lab/ccrt
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https://deq.nc.gov/about/divisions/water-resources/water-resources-data/water-sciences-home-
page/laboratory-certification-branch) for information regarding laboratory certifications.
Facilities whose personnel are conducting testing of field-certified parameters only must hold the
appropriate field parameter laboratory certifications.
Test procedures for the analysis of pollutants shall conform to the EMC regulations(published pursuant
to NCGS 143-215.63 et. seq.),the Water and Air Quality Reporting Acts,and to regulations published
pursuant to Section 304(g),33 USC 1314,of the CWA(as amended),and 40 CFR 136;or in the case of
sludge use or disposal,approved under 40 CFR 136,unless otherwise specified in 40 CFR 503,unless
other test procedures have been specified in this permit[40 CFR 122.41].
To meet the intent of the monitoring required by this permit,all test procedures must produce minimum
detection and reporting levels that are below the permit discharge requirements and all data generated
must be reported down to the minimum detection or lower reporting level of the procedure.If no
approved methods are determined capable of achieving minimum detection and reporting levels below
permit discharge requirements,then the most sensitive (method with the lowest possible detection and
reporting level)approved method must be used.
5. Penalties for Tampering
The CWA provides that any person who falsifies,tampers with,or knowingly renders inaccurate,any
monitoring device or method required to be maintained under this permit shall,upon conviction,be
punished by a fine of not more than$10,000 per violation,or by imprisonment for not more than two
years per violation,or by both.If a conviction of a person is for a violation committed after a first
conviction of such person under this paragraph,punishment is a fine of not more than$20,000 per day
of violation,or by imprisonment of not more than 4 years,or both[40 CFR 122.41].
6. Records Retention
Except for records of monitoring information required by this permit related to the Permittee's sewage
sludge use and disposal activities,which shall be retained for a period of at least five years (or longer as
required by 40 CFR 503),the Permittee shall retain records of all monitoring information,including:
> all calibration and maintenance records
> all original strip chart recordings for continuous monitoring instrumentation
➢ copies of all reports required by this permit
➢ copies of all data used to complete the application for this permit
These records or copies shall be maintained for a period of at least 3 years from the date of the sample,
measurement,report or application.This period may be extended by request of the Director at any time
[40 CFR 122.41].
7. Recording Results
For each measurement or sample taken pursuant to the requirements of this permit,the Permittee shall
record the following information[40 CFR 122.41]:
a. The date,exact place,and time of sampling or measurements;
b. The individual(s)who performed the sampling or measurements;
c. The date(s)analyses were performed;
d. The individual(s)who performed the analyses;
e. The analytical techniques or methods used;and
f. The results of such analyses.
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8. Inspection and Entry
The Permittee shall allow the Director,or an authorized representative(including an authorized
contractor acting as a representative of the Director),upon the presentation of credentials and other
documents as may be required by law,to;
a. Enter,at reasonable times,upon the Permittee's premises where a regulated facility or activity is
located or conducted,or where records must be kept under the conditions of this permit;
b. Have access to and copy,at reasonable times,any records that must be kept under the conditions of
this permit;
c. Inspect at reasonable times any facilities,equipment(including monitoring and control equipment),
practices,or operations regulated or required under this permit;and
d. Sample or monitor at reasonable times,for the purposes of assuring permit compliance or as
otherwise authorized by the CWA,any substances or parameters at any location[40 CFR 122.41(i)].
SECTION F-REPORTING REQUIREMENTS
1. Change in Discharge
All discharges authorized herein shall be consistent with the terms and conditions of this permit.The
discharge of any pollutant identified in this permit more frequently than or at a level in excess of that
authorized shall constitute a violation of the permit.
2. Planned Changes
The Permittee shall give notice to the Director as soon as possible of any planned physical alterations or
additions to the permitted facility [40 CFR 122.41(1)].Notice is required only when:
a. The alteration or addition to a permitted facility may meet one of the criteria for new sources at 40
CFR 122.29(b);or
b. The alteration or addition could significantly change the nature or increase the quantity of pollutants
discharged.This notification applies to pollutants subject neither to effluent limitations in the
permit,nor to notification requirements under 40 CFR 122.42(a)(1);or
c. The alteration or addition results in a significant change in the Permittee's sludge use or disposal
practices,and such alteration,addition or change may justify the application of permit conditions
that are different from or absent in the existing permit,including notification of additional use or
disposal sites not reported during the permit application process or not reported pursuant to an
approved land application plan.
3. Anticipated Noncompliance
The Permittee shall give advance notice to the Director of any planned changes to the permitted facility
or other activities that might result in noncompliance with the permit[40 CFR 122.41(1)(2)].
4. Transfers
This permit is not transferable to any person without prior written notice to and approval from the
Director in accordance with 40 CFR 122.61.The Director may condition approval in accordance with
NCGS 143-215.1,in particular NCGS 143-215.1(b)(4)b.2.,and may require modification or revocation and
reissuance of the permit,or a minor modification,to identify the new permittee and incorporate such
other requirements as may be necessary under the CWA [40 CFR 122.41(1)(3),122.61] or state statute.
5. Monitoring Reports
Monitoring results shall be reported at the intervals specified elsewhere in this permit[40 CFR
122.41(1)(4)].
a. Monitoring results must be reported on a Discharge Monitoring Report(DMR) (See Part II.D.2) or
forms provided by the Director for reporting results of monitoring of sludge use or disposal
practices.
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b. If the Permittee monitors any pollutant more frequently than required by this permit using test
procedures approved under 40 CFR Part 136 and at a sampling location specified in this permit or
other appropriate instrument governing the discharge,the results of such monitoring shall be
included in the calculation and reporting of the data submitted on the DMR.
6. Twenty-four Hour Reporting
a. The Permittee shall report to the Director or the appropriate Regional Office any noncompliance that
potentially threatens public health or the environment.Any information shall be provided orally
within 24 hours from the time the Permittee became aware of the circumstances.A written
submission shall also be provided within 5 days of the time the Permittee becomes aware of the
circumstances.The written submission shall contain a description of the noncompliance,and its
cause;the period of noncompliance,including exact dates and times,and if the noncompliance has
not been corrected,the anticipated time it is expected to continue;and steps taken or planned to
reduce,eliminate,and prevent reoccurrence of the noncompliance [40 CFR 122.41(1)(6)].
b. The Director may waive the written report on a case-by-case basis for reports under this section if
the oral report has been received within 24 hours.
c. Occurrences outside normal business hours may also be reported to the Division's Emergency
Response personnel at(800) 662-7956, (800)858-0368 or(919) 733-3300.
7. Other Noncompliance
The Permittee shall report all instances of noncompliance not reported under Part II.E.5 and 6. of this
permit at the time monitoring reports are submitted.The reports shall contain the information listed in
Part II.E.6. of this permit[40 CFR 122.41(1)(7)].
8. Other Information
Where the Permittee becomes aware that it failed to submit any relevant facts in a permit application,or
submitted incorrect information in a permit application or in any report to the Director,it shall promptly
submit such facts or information[40 CFR 122.41(1)(8)].
9. Noncompliance Notification
The Permittee shall report by telephone to either the central office or the appropriate regional office of
the Division as soon as possible,but in no case more than 24 hours or on the next working day following
the occurrence or first knowledge of the occurrence of any of the following:
a. Any occurrence at the water pollution control facility which results in the discharge of significant
amounts of wastes which are abnormal in quantity or characteristic,such as the dumping of the
contents of a sludge digester;the known passage of a slug of hazardous substance through the
facility;or any other unusual circumstances.
b. Any process unit failure,due to known or unknown reasons,that render the facility incapable of
adequate wastewater treatment such as mechanical or electrical failures of pumps,aerators,
compressors,etc.
c. Any failure of a pumping station,sewer line,or treatment facility resulting in a by-pass without
treatment of all or any portion of the influent to such station or facility.
Persons reporting such occurrences by telephone shall also file a written report within 5 days following
first knowledge of the occurrence.Also see reporting requirements for municipalities in Part IV.C.2.c. of
this permit. •
10. Availability of Reports
Except for data determined to be confidential under NCGS 143-215.3 (a)(2) or Section 308 of the Federal
Act,33 USC 1318,all reports prepared in accordance with the terms shall be available for public
inspection at the offices of the Division.As required by the Act,effluent data shall not be considered
confidential.Knowingly making any false statement on any such report may result in the imposition of
criminal penalties as provided for in NCGS 143-215.1(b)(2)or in Section 309 of the Federal Act.
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11. Penalties for Falsification of Reports
The CWA provides that any person who knowingly makes any false statement,representation,or
certification in any record or other document submitted or required to be maintained under this permit,
including monitoring reports or reports of compliance or noncompliance shall,upon conviction,be
punished by a fine of not more than$25,000 per violation,or by imprisonment for not more than two
years per violation,or by both[40 CFR 122.41].
12. Annual Performance Reports
Permittees who own or operate facilities that collect or treat municipal or domestic waste shall provide
an annual report to the Permit Issuing Authority and to the users/customers served by the Permittee
(NCGS 143-215.1C).The report shall summarize the performance of the collection or treatment system,
as well as the extent to which the facility was compliant with applicable Federal or State laws,
regulations and rules pertaining to water quality.The report shall be provided no later than sixty days
after the end of the calendar or fiscal year,depending upon which annual period is used for evaluation.
The report shall be sent to:
NC DENR DEQ/ Division of Water Resources/ Water Quality Permitting Section
ATTENTION:Central Files
1617 Mail Service Center
Raleigh,North Carolina 27699-1617
PART III
OTHER REQUIREMENTS
SECTION A-CONSTRUCTION
a. The Permittee shall not commence construction of wastewater treatment facilities,nor add to the plant's
treatment capacity,nor change the treatment process(es)utilized at the treatment plant unless(1)the
Division has issued an Authorization to Construct(ATC)permit or(2)the Permittee is exempted from
such ATC permit requirements under Item b. of this Section.
b. In accordance with NCGS 143-215.1(a5) [SL 2011-394],no permit shall be required to enter into a
contract for the construction,installation,or alteration of any treatment work or disposal system or to
construct,install,or alter any treatment works or disposal system within the State when the system's or
work's principle function is to conduct,treat,equalize,neutralize,stabilize,recycle,or dispose of
industrial waste or sewage from an industrial facility and the discharge of the industrial waste or
sewage is authorized under a permit issued for the discharge of the industrial waste or sewage into the
waters of the State. Notwithstanding the above,the permit issued for the discharge may be modified if
required by federal regulation.
c. Issuance of an ATC will not occur until Final Plans and Specifications for the proposed construction
have been submitted by the Permittee and approved by the Division.
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