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HomeMy WebLinkAboutNCG550071_Issuance of Permit_20181029 ROY COOPER -, ,° Gorernnr A' „t. a,a,-`, " ,1y 4 R. MICHAEL S. REGAN r» ' 1 h ._n Sccrelary .,�,. ,.� - 1 LINDA CULPEPPER t*.4r.' Interim Dirccior P. Oman — a' NORTH CAROLINA Environmental Quality October 29, 2018 Elizabeth Warner 179 Creekwood Or Advance, NC 27006 Subject: General Permit NCG550000 Certificate of Coverage (Cod) NCG550071 179 Creekwood Dr Davie County Dear Permittee: The Division has reneWed-General Permit NCG550000. The Division hereby 'issues yon'a revised version of NCG550071, along with a copy of the renewed General Permit. Discard any earlier versions of the permit and use this version until further notice. This CoC is issued pursuant to the requirements of North Carolina General Statue 143-215.1 and the Memorandum of Agreement between North Carolina and the US Environmental Protection agency dated October 15, 2007 [or as subsequently amended]. If any parts,nieasurenient frequencies'or sampling requirements contained in this General Permit are unacceptable to you,you have the right to request an individual permit by submitting an individual permit application. Unless such demand is made,the certificate of coverage shall be final and binding. Please take`notice that this Certificate of Coverage is not transferable except after notice to the Division. The Division may require modification or revocation and reissuance of the certificate of coverage. Contact the Winston-Salem Regional Office prior to any sale or transfer of the permitted facility. Regional Office staff will assist you in documenting the transfer of this CoC. This permit does not affect the legal requirements to obtain any other State, Federal, or Local governmental permit that may be required. If you have any questions concerning the requirements of the General Permit,please contact Derek Denard of the NPDES staff[919 707-3618 or via email•at derek.denard@ncdenr.gov]. Sincerely, / ` 1// § VIAK/7 for Linda Culpepper Interim Director, Division of Water Resources cc: NPDES file D Q� North Carolina Department of Environmental Quality I Division of Water Resources 1617 Mail Service Center I Raleigh,North Carolina 27699-1617 919-707-3616 STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENTAL QUALITY DIVISION OF WATER RESOURCES GENERAL PERMIT NCG550000 CERTIFICATE OF COVERAGE NCG550071 DISCHARGE OF DOMESTIC WASTEWATER FROM SINGLE FAMILY RESIDENCES AND OTHER 100% DOMESTIC DISCHARGES WITH SIMILAR CHARACTERISTICS UNDER THE NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM In`Compliance with the provision 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, Elizabeth Warner is hereby authorized to discharge <1000 gallons per day of domestic wastewater from a facility located at 179 Creekwood Dr Advance Davie County to receiving waters designated as an unnamed tributary to Smith Creek, a class C stream in subbasin 03-07-02 of the Yadkin-Pee Dee River Basin in accordance with the effluent limitations, monitoring requirements, and other conditions set forth in Parts I, II, and III hereof. This certificate of coverage takes effect October 29, 2018. This Certificate of Coverage shall remain valid for the duration of the General Permit. Signed this day October 29, 2018 for ' 'da Culpepper Interim Director, Division of Water Resources By Authority of the Environmental Management Commission NPDES General Permit NCG550000 • STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENTAL QUALITY DIVISION OF WATER RESOURCES • GENERAL PERMIT NCG550000 DISCHARGE OF DOMESTIC WASTEWATER FROM SINGLE FAMILY RESIDENCES AND OTHER 100%DOMESTIC DISCHARGES WITH SIMILAR CHARACTERISTICS UNDER THE NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM In compliance with the provision 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, this permit is hereby issued to all owners or operators,hereafter permittees,which are covered by this permit as evidenced by receipt of a Certificate of Coverage by the Environmental Management Commission to allow the discharge of treated domestic wastewater in accordance with the effluent limitations,monitoring requirements,and other conditions set forth in Parts I,ll and III hereof. This permit shall become effective October 239 2018. - This permit shall expire at midnight on October St,2OZ i. Signed this day October 23,2018. • for nada Culpepper,Interim Director Division of Water Resources By Authority of the Environmental Management Commission Page 1 of 16 NPDES General Permit NCG550000 C. EFFLUENT LIld1ITATIONS AND MONITORING REQUIREMENTS [15A NCAC 02B .0400 et seq., 02B .0500 et seq.] During the period beginning on the effective date of this permit and lasting until expiration,the Permittee is autliorizedfd discharge doiriestic wastewater froth outfall 001.Such diktat-es'shall be limited aridriionitofed by the Permittee as specified below: • LIMITS MONITORING EFFLUENT CHARACTERISTICS REQUIREMENT'S [Parameter Code] Monthly Daily Measurement Sample Sample • . Average Maximum Frequency Type Location 1 Flow(gpd)2 .50050 . 1,000 gpd 2 Annually Estimate Effluent BOD,5-Day,20°C(rng/L)3 C0310- 30.0 mg/L 45.0 mg/L Annually Grab Effluent Total Suspended Solids(TSS)(mg/L)3 C0530 30.0 mg/L 45.0 mg/L Annually Grab Effluent Fecal Coliform(#/100mL)3'4 31616 200/100 mL 400/100 mL Annually Grab Effluent •Enterococci(#/l 0110-3'4;5 61211 35/100 mL Aiiiivally "Grafi Effluent -Total Residual Chlorine(TRC)(µg/L•)3'6'7 .50060 . .Footnote 6&7 . Annually , Grab , Effluent gpd=gallons per day;BOD=Biochemical Oxygen Demand;mg/L=milligrams per liter; #1100mL=colonies per 100 milliliters; ttg/L=micrograms per liter Footnotes: 1. Effluent is defined as wastewater leaving the treatment system,prior to discharge into a creek or other • waterbody. 2. The wastewater discharge flow from this facility may not in any case exceed 1,000 gallons per day.The Authorization to Construct(ATC)issued with the Certificate of Coverage(COC)may further limit the flow authorized by the permit to a lower discharge volume. 3. A North Carolina certified laboratory must perform the wastewater analysis. 4. Fecal Coliform and Enterococci shall be calculated using the geometric mean, according to the procedure detailed in Part II. Section A. 5. Applicable for discharges to SB and SC water only.hi SB and SC waters,the requirement for a fecal coliform sample is not required. • 6. Receiving stream chlorine levels are riot to exceed 17 lug/1.,for freshwatefand 13 Aga,for saltwater:The sample shall be taken from the effluent pipe,prior to discharge into a creek or other waterbody. 7. TRC limitationonly applicable for facilities that are required to•utilize•dechlorination-(see Part I,B-for Treatnierit Systeiri Regirireriierits). The Division shall cons'id'er all effluent TRC values reported below 50- tg/L to be in compliance with the permit.However,the Permittee shall continue to maintain records for all values reported by a Noah Carolina certified laboratory(including field certified),even if these values fall below 50µg/L. Conditions: There shall be no discharge of floating solids or foam visible in other than trace amounts. • Page 3 of 16 NPDES General Permit NCG550000 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 Qtiarfet One of the following distinct periods:January through March,April through June,July through September,and October through December. • 'C 'iri�-asite S "�'le o p p A sample collected over a 24-hour period by continuous sampling or combining grab samples of at Ieast IOU mL in such a manner as to result in a total sample representative of the wastewater discharge during the sample period.The Dire'cto'r may designate the'inat method(specific number id 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 periodproportional 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 meas` e�ieiit hetWeenStMplt it terVal's'shall'b deteririined by use of a•flora 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 (4) Constant tiri'r`e/constant.aluriie:a series'df grab samples of equal voiuirre'colleeted oVe'r a 24-hour period at a constant time interval.Use of this method requires prior approval by the Director.This Method-mayonly be . used in situations where effluent flow rates vary less than 15 percent.The following restrictions also apply: ➢ Influent and effluent grab samples shall be of equal size and of no less than 100 milliliters ➢ Influent samples shall not be collected more than once per hour. Page 5 of 16 NPDES General Permit NCG550000 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'dainage 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. ienerai Conditions 1. Duty to Comply The Pertaitte'einiYst co'iriply with all'cbnditiotis of this permit.Any permit noncompliance'con'sti'tutes'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 Perinittee'shiali`coinply With'e ittertt-standard`s or'p'rdhibitiotis'estatilislied ixi'der's'ectibil 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 pennithas-not yet been modified Ito 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 atty•pe7tait corid'ititai'at liinitation iinpletheiititig atiy siteli`sedtiolis in a`pei-init issued iiider'sectiati 402,or'any requirement imposed in a pretreatment program approved under sections 4020)(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 12.2.41(a)(2)1 c. The CWA provides that any person who negligently violates sections 307,302,306,307;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 tlie Act,-OO aiiy re4u rerrie'nt iinliased in'a pretr2atinett'program approved utider.section 402(x)(3)'or 402(b)(8)of the Act,is subject to criminal penalties of$2;500 to$25,0'00•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$509000 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 -peifalties of$5;000 to$50;000 pet day tof Vio'latior,'or iiiiprlsorrtient for'iiot 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. [333 USC'1319(c)(2)and-40 CFR.122.41(a)(2)1- e. Any person who knowingly violates section 301,302;303,30.6,307,308,31g 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 W3 o`'kiiow§'at that Mae that he thereby places'auotlier pet5oii iri immiretit'danger of'death or' erioits b'o'dily injury,shall,upon conviction,be subject to a fine of not more than$250,000 or imprisonment of not more than 15 years,or both.In the case of a second or subseqnent conviction for a knowing endangerment violation,a person shall be subject to a fine of not more than$ 00,000 or by imprisonment of not more than J0 years,or Page 7 of 16 NPDES General Permit NCG550000 • 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)]. • I I. 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). 'Fora•eorporation: b'y'a respotisiblc corporate Officer.For the purpose'o'f this Seetioh,a resp'ohsible 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"cdtporatron,or'(b)the'Manager of One or more tnantifactu'ritig,pro'dttctioii',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 teCoMmendatidits,and initiating and directing'Other'coiiipreheriSive tti tires to as&sitre 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 hr 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 eitheraprincipal 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 author-izedrepresentative 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)` Theeatherization°specified'eitherat ihdividnalor aposition laving respotisibility for the o'verall'op'etatiori 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] V. 'Changes to aetliotlatien:If'au alrthorizatioe'tinder paragraph(b)"of this section is no longer'acciitate b'e'earise 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.orb.of this section shall make the following certification[40 CFR 1122:22]:NO OTHERSTATEMIINTS 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 infoiinatiofr su""biri hell Based oh'thy in4iii67 ofthe per=son orp'ers'ons Witco'iitaitege the rystein, oi'- those persons directly responsible for gathering the information, the information submitted is, to the best of my knowledge and belief true, accurate, and complete.I am aware that there are significant penalties for submitting false-information;including.the possibility.of fines and imprisonment for knowing violations:" 12. Permit Actions • This permit may be modified,revoked and reissued,or terminated for cause.The filing of a request by the Permittee for a permit modification,revocation and reissuance,or termination,or a notification of planned changes or anticipated noncompliance does not-stay any permit condition-[40 CFR-122.41(f)]. 13. Permit Modification,Revocation and Reissuance,or Termination TheissnzntiCe of'this permit does tot proliibitth'e pefiriit i'ssu'ing authority frorii reopeiIirig and m'o'difying the periiiit, 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. Page 9 of 1b • NPDES General PermitNCG550000 3. Need to Halt or Reduce not a Defense _ It shall not be a defense for a Permittee in an enforcement action that it would been e e en necessary to halt or reduce the permitted activity in order to maintain compliance with the condition of this permit[40 CFR 122.41(c)]. 4. Bypassing of Treatment Facilities a. Bypass not exceeding limitations[40 CFR 122;41(m)(2)]} The Permittee may allow any bypass to occur which does not cause effluent limitations to be exceeded,but only if it also is for essential maintenance to assure efficient operation.These bypasses are not subject to the provisions of Paragraphs b.and c.of this section. b: Notice[40 CFR 122.41(m)(3-)j • (1) Anticipated bypass.If the Permittee knows in advance of the need for a bypass,it shall submit prior notice, if possible at least-ten days before the date of the bypass;including an-evaluation of the anticipated ated ,uali- p q tY and effect of the bypass. (2) Unanticipated bypass.The Permittee shall submit notice of an unanticipated bypass as required in Part II.E.6.(24-hour notice). c. Prohibition of Bypass (1) Bypass from the treatment facility is prohibited and the Permit Issuing Authority may take enforcement action against a Permittee for bypass,unless: (A)-Bypass was unavoidable to-prevent loss of life,personal injury or severe property damage; (B) There were no feasible alternatives to the bypass,such as the use of auxiliary treatment facilities, -rete$tioii of untreated wastes-orriiaintenanee•durifig-nom al Minds'oft tluiprilent-dowrititime.This condition is not satisfied if adequate backup equipment should have been installed in the exercise of reasonable engineering judgment to prevent a bypass which occurred during normal periods of equipment downtime or preventive maintenance;and (C)-The Permittee submitted-notices as required-under Paragraph-b.of this section. (2) Bypass from the collection system is prohibited and the Permit Issuing Authority may take enforcement -action•against-a-Permittee for-a-bypass:as provided in any.eurrentor future system-wide collection system • permit associated with the treatment facility. • (3) The Permit Issuing Authority may approve an anticipated bypass,after considering its adverse effects,if the Permit-Issuing Authority determines-that it will meet the three conditions-listed above-in Paragraph- (1)-of this aragraph:(1)-ofthis section. 5. Upsets a. Effect of an nitet 140 CFR 122.410:X2)j: Ari tu'pse't-eoristitates'ati laffrrmative'defeuse'Co'alt action bto tght fol noncompliance with such technology based permit effluent limitations if the requirements of paragraph b.of this condition are met.No determination made during administrative review of claims that noncompliance was caused.by upset,-andbefore an action.for noncompliance,is final-administrative action:subject to judicial review. b. Conditions necessary for a demonstration of upset:Any Permittee who wishes to establish the affirmative • defense of upset-shal-demonstrate-;through.-properly:signed contemporaneous operating logs;or.other relevant evidence that:. (1)An upset occurred and that the Permittee can identify the cause(s)of the upset; (2)The Permittee facility was at the time being properly operated;and • (3)The Permittee submitted'notice of the upset as required in Part II.E.6:(b)-of this permit. (4)The Permittee complied with any remedial measures required under Part II.B.2.of this permit. -e: Burden of proof-[40 GFR-12141(n)(4)].:, The Permittee-seeking to establish the-occurrence of-an upset has the burden of proof in any enforcement proceeding. 6. Removed Substances Solids,'sludges,filter backwa'sh,, 'other Militants rettIdved in the coarse'of treats eiit'or*control'of Wastewaters shall.be utilized/disposed of in accordance with.NCGS 143-215.1 and in a manner such as to prevent any pollutant from such materials from entering waters of the State or navigable waters of the United States except as permitted 'by the tolinnissidn.The'Perriiittee'shall edinply With all applicahie--state'atid Federal regtlatrolis'go`verning the' disposal of sewage sludge,including 40 CFR 503, Standards for the Use and Disposal of Sewage Sludge;40 CFR Part 258,Criteria For Municipal Solid Waste Landfills;and 15A NCAC Subchapter 2T, Waste Not Discharged To Page 11 of 16 NPDES General Permit NCG550000 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 pioVide's that any p'e son 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•6f a gaga:is fora violation conitnitted•tft t a firs t'cons'icti'o'ff of stick Person i ider this p'aragrap'h, 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 tecords•dt- opie's'shall be maintaiit d fora potiod'of'at l'ea`st 3 years fruit the-date of the sample, measurement,report or application.This period maybe extended by request of the Director at any time[40 CFR 122.41]. 7. Recording Re'siilts 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. 8. Iiispeetioir and Ent* • 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 maybe required by law,to; a. Enter,at reasonable times,upon the Permittee's premises where a regulated facility or activity is located or conducted, or where records must be kept under the conditions of this permit; b.- -Have:access to and copy;at reasonable times any records that must be kept under the conditions of this permit; c. Inspect at reasonable times any facilities,equipment(including monitoring and control equipment),practices, or operations regulated or required under this permit;and d. Sample or monitor at reasonable times,for the purposes of assuring permit compliance or as otherwise authorized by the CWA,any substances or parameters at any location[40 CFR 122.41(i)]. Section E teporti'ng Requirements ' 1. Change in Discharge All atithoiiie'd herein shall'be'consistent With the terms aiid"'conditions of this p'e'ritit.The disch'arge'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: Page 13 of 16 NPDES General Permit NCG550000 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 aceordarice*ith the'teriri's shall be`available fbr public iti'spectioti 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. 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'othhtt do'eii'irient subYnitted'br required to to m'ahitab ed udder this p'e'tinit,including irionitoting 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]. • • • • • • • • Page 15 of 16 � I