NCG550151_Issuance of Permit_20190206

ROY COOPER
ny SEAT[ ',',
Gaverno, •
-4 '` MICHAEL S. REGAN
,� ram.
r 'i �• [ Secretary
3 11` LINDA CULPEPPER
.,l Du ectot
'`'ee n sr►y!/`
NORTH CAROLINA
Environmental Quality
February 6, 2019
Jorge Diaz
508 Savona Ave
Coral Gables, FL 33146
Subject: General Permit NCG550000
Certificate of Coverage (CoC) NCG550151
41 Driftwood Ct
Buncombe County
Dear Permittee:
The Division has renewed General Permit NCG550000. The Division hereby issues you a revised
version of NCG550151, 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 you have an email address,please send it to Charles H.Weaver of the NPDES program
[[e-mail]]. Future renewals can be sent to you electronically.
If any parts, measurement 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 CoC is not transferable except after notice to the Division. The Division
may require modification or revocation and reissuance of the CoC. Contact the Asheville 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@nc dear.gov].
. Sincerely,
/ . , i 0141;eZ
for Linda C, pepper
Director, Division of Water Resources
cc: NPDES file
D Q
North Carolina Department of Environmental Quality l Division of Water Resources
1617 Mail Service Center!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 NCG550151
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,
Jorge Diaz
is hereby authorized to discharge <1000 gallons per day of domestic wastewater from a
facility located at
41 Driftwood Ct
Asheville
Buncombe County
to receiving waters designated as the Swannanoa River, a class C stream in subbasin 04-03-02 of
the French Broad 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 February 6, 2019.
This Certificate of Coverage shall remain valid for the duration of the General Permit.
Signed this day February 6, 2019
hid-
4 t 1/8/0/7
for Lin a Culpepper
Director, Division of Water Resources
By Authority of the Environmental Management Commission

NPDES General Permit NCG550000
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 fin€ofmot more than$110004000 and;can be€fned up to •
$2,000,000 for second or subsequent convictions. [40 CFR 122.41(a)f 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;eonditions--or requirements of a permit{North
Carolina General Statutes§ 143•.215-.6-A1
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-peril it eondittioh for limitation implenrhnting any-Of such se'ctib'iis
in a permit issued under section 402 of this Act.Administrative penalties for CIass 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 clay 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(ax3)]
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 ILC.4),"Upsets"(Part II.C.5)and"Power Failures"
(Part 11 C.7),nothing ht this permit shall ire'consttae'ttto relieve the'Permtttee froth-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 andHazardous Substance Liability
Nothing in this permit shall be construed to preclude the institution of any legal action or relieve the Permittee
frOat any'tei Oiisibtiitie§,liabilities,or penalties to Which the PeriiYlttee is t may be subject to tinder NCGS 143-
2I5.75 et seq.or Section 311 of the Federal Act,33 USG 13'21.Furthermore,the Pernittee 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 122A 1(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 •
Thelirooisioitt'of this permit are severable.If•ariy provision of this permit,'or fhe•applicatioh of airy 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. Ditty td Pfovide'lnfotinutiort
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)j.
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 Pettiiittee'•is'nOt authorized to discharge alter the"eepiratiori date.Iti'brder to receive automatic authorizatiott 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
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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: '
(t) 'Fora.corporation: bya(respbntsibieeorpet'a`tenofficer.Per the purpose•of this Section, reSpdrnsible
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
furictiona for the.env—oration;or(b)the manager of one or tore-manOfacturing,prodactitin,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
rectanniehdations,mid initiating d di ding etheer'coraprehe>jsive amides tb 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
applieationrequirementss-and where authority to sign documents has been assigned or delegated to the
/Imager in accordance with corporate procedures.
(2) For a partnership or sole proprietorship: by a general partner or the proprietor,respectively;or
(3) Fora 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 0. .., •ph&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) Thanthotization speci d either an ihdiMi& l-or a position timing 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 company4A 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]
'Cliatlge If an a thoritItion tinder rdrograph'(by of this seetiOr is no longer acc free b'eda`ttse ,
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 122221 NO OTHER STATEMENTS OF CERTIFICATION WILL BE ACCEPTED-a
`7 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
eiYaluate the infOrti tioW s"ubnlitted Bii ed'bni yy inquip y of tlt'e persot3 of periaa who'igat age the system, oy=
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 infonnaaion,•iineluding•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 122A1(t)].
13. Permit Modification,Revocation and Reissuance,or Termination
The I thee of'this pennit does not prohibit the p-etinit is•suing anthotity froth teb/Sehing and inodifying 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;andNorth Carolina General Statute 143.215.1 et.al.
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NPDES General Permit NCG550000
14. Annual Administering and Compliance Monitoring Fee Requirements
ThePermitter riot pay the.animal administering stering and'eottp ianc a monitoring fed vvitift thirty days after being
billed by the Division.Failure to pay the fee in a timely manner in accordance with I5A NCAC 02H.0105(bX4)
may cause this Division to initiate action to revoke the permit.
Section C. Operation and Maintenance of lolintion Contrails
1. Certified Operator
For the purposes of this permit,this requirement does not apply until the permittee receives a letter from the
Division notifying them of classification of the facility.
Owners of classified water pollution control systems must designate operators,certified by the Water Pollution
Control System Operators Certification Commission(WPCSOCC),of the appropriate type and grade for the
system,.and,for each classification must[T15A NCAC 08G.0201]:
a. design tP one Operator In Responsible Charge(ORC)who possesses a valid certificate of the type and grade at
least equivalentto the type-and grade of the system;
b. designate one or more Back-up Operator(s)in Responsible Charge(Back-up OR Cs)who possesses a valid
certificate of the type of the-system and no more than one grade less than the grade of the system,with the
exception of no backup operator in responsible charge is-required-for systems,whose minimum visitation
requirements-are twice per year;and
c. submit a signed completed"Water Pollution Control System Operator Designation Form"to the Commission
(or to tilt Ideal health depatiniett`t for owners'ofsttbs aeesyste )'eountefsigried bathe designated certified
operators,designating the Operator in Responsible Charge(ORC)and the Back-up Operator in Responsible
Charge(Back-up ORC):
(1) 60 calendar days prior to wastewater or residuals being introduced into a new system;or
(2)- within 120-calendar days-following:
receiving notification of a change in the classification of the system requiring the designation of a new
e - a r in Responsible Charge(ORC)and Back-up s . or in Responsible Charge(Back-up ORC)
of the proper type and grade;or
a vacancy in the position of Operator in Responsible Charge(ORC)or Back-up Operator-in Responsible
Charge(Back-up ORC).,
(3) within seven calendar days of vacancies in both ORC and Back-up ORC positions replacing or designating
at least one of the responsibilities.
The ORC of each Class I facility(or the Back-up ORC,when acting as surrogate for the ORC)must:
Visit the facility as often as is necessary to insure proper operation of the treatment system;the treatment
facility must be visited at least weekly
Comply with all other conditions of I5A NCAC 086.0204.
The ORC of each Class II,III and IV facility(or the Back-up ORC,when acting as surrogate for the ORC)must:
Visit the-facility as often as is necessary to insure proper operation of the treatment system;the treatment
facility must be visited at least five days per week,excluding holidays
Properly manage and document daily operation and maintenance of the facility
Comply with all other conditions of I5A NCAC OSG. 204.
2. Proper Operation and Maintenance
The'Per nitte`e shall at all times properly-operate and maintahi ail taclinic§and systen s'ofireatment and control
(and related appurtenances)which are installed or used by the Permittee to achieve compliance with the conditions
of this permit.Proper operation and maintenance also includes adequate laboratory controls and appropriate quality
assurance procedures.This provision requires the Permittee to install and operate backup or auxiliary facilities only
when necessary to achieve compliance with the conditions of the permit[40 CFR 122.41(e)].
NOTE: Properly and officially designated operators are fully responsible for all proper operation and maintenance
of the facility,and all documentation required thereof,whether acting as a contract operator[subcontractor]or a
member of the Permittee's staff.
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NPDES General Permit NCG550000
3. Need to Halt or Reduce not a Defense
It shall not be a defense for a Permittee in an enforcement action that it would have been necessary to halt or
reduce the permitted activity in order to maintain compliance with the condition of this permit[40 CFR 122.41(c)].
4. Bypassing of Treatment Facilities
a: Bypass not exceeding limitations[40 GFR 122:41(m)(2)]'
The Permittee may allow any bypass to occur which does not cause effluent limitations to be exceeded,but
only if it also is for essential maintenance to assure efficient operation.These bypasses are not subject to the
provisions of Paragraphs b.and c.of this section.
b. Notice[40 CFR 122.41(m)(3)1
(1) Anticipated bypass.If the Permittee knows in advance of the need for a bypass,it shall submit prior notice,
if possible at least ten days before the date of the bypass;including an evaluation of the anticipated quality
and effect of the bypass.
(2) Unanticipated bypass.The Permittee shall submit notice of an unanticipated bypass as required in Part
II.E.6.(24-hour notice).
c. Prohibition of Bypass
(1) Bypass from the treatment facility is prohibited and the Permit Issuing Authority may take enforcement
action against a Permittee for bypass,unless:
(A)Bypass was unavoidable to prevent loss of life,personal injury or severe property damage;
(B) There were no feasible alternatives to the bypass,such as the use of auxiliary treatment facilities,
retentidn'oftintreted Wastes'orn amtenanee'dt1riog'normal periods of'quiprn nt'downtitnt.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 againsta Permittee for bypass as provided in any_current or•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 c
(1yofthis section:
5. Upsets
a. Effect awl iYpset[40 CFR 122.4 i•(n)(2)1 An hit et t aittit Ytes affehttiVexiefellsetti ati notion bro(tght flit
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;and before 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 4f upset-shall 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.
Burden of proof[40•CFR 122:410n)(4)]: The Permittee seeking to establish the-occurrence of an upset has
• the burden of proof in any enforcement proceeding.
6. Removed Substances
Solids,•singes,filter backWatli,or ether l i tints reintiVed in the cbtttse of t`realm'ea oar 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 Ceth liissiOri.The l eririittee"shall tiompl t r ith'ail appiitable.state acid Feeletal regtt'latrobs gowertiig 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
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NPDES General Permit NCG550000
Surface Waters.The Permittee shall notify the Permit Issuing Authority of any significant change in its sludge use
or disposal practices.
•
7. Power Failures
The Permittee is responsible for maintaining adequate safeguards(as required by 15A NCAC 02H.0124)to
prevent the discharge of untreated or inadequately treated wastes during electrical power failures either by means
of alternate power sources,standby generators or retention of inadequately treated effluent.
Section D. Monitoring and Htecords
1. Representative Sampling
Samples'eoltei ed'and measuyrement's taken,as retiniredhereiti,shall bb-repios'eni'Cai' a ofthepar fitted discharge.
Samples collected at a frequency Iess 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,'u ess bth-etWespeeified,before the-effluent joins or is dilated by Annoy other wastestre m,booty 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. Repi tip
Monitoring results obtained during the previous months)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 DIM 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 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 lb*the itS r'emrhent devices aid itietliods ttl'nsittent with accepted sciientifie'prsctic'es shalt be sete'ctecl
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 aedep'tted eapability'of that type of device.Devices selected shall be-capable of measuring flocs 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 Division's
Laboratory Certification Section(9 i9 733-3908)or visit hops:/fd'eq.nc.govlabotit/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"Wate1`and Air Qtiality Itesit:big Acts,and to regulat etts published pusutant to Suction
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
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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 p?o'vides that any person vvlho falsifies,fiimpers with,or laTowhigly!tildes iYuaCturat,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
'tsotivieti&Yiofap'ersan'is for a*iolatio t t ontnntted'after a fitatton'itittmori 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. Rncotds Rctentio1Y
Except for records of monitoring information required by this permit related to the Pernittee'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 teem*or eof ies shall be rriaiiitanr:ed fot period of at feast 3''ea'rs froth:the-date-Of-the satnple,
measurement,report or application.This period may be extended by request of the Director at any time[40 CFR
122.41].
7. Recording Resn'lts
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. IYispedtiah'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;
h. 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 &reporting Requirements
1. Chanpe in Discharge
All discharge's aoth`orized hetc ri shalt be consistent With the.ternYs and conditions of this permit.The discharge of
any pollutant identified in this permit more frequently than or at a lever in excess of that authorized shall constitute
a violation of the permit.
2. PlathedChangds
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:
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NPDES General Permit NCG550000
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 requirement&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 riot transferable tb any person without prior Written betted Wand approval from the Director in
accordance with 40'CFR I22.61.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 pennittee and incorporate such other requirements as may be necessary
under the CWA[40 CFR 122.41(1X3),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(1X4)].
a. Monitoring results must be reported on a Discharge Monitoring Report(DM )(See Part II.D.2)or forms
provided by the Director for reporting results of monitoring of sludge use or disposal practices.
b. If the Partin&ttionitofs ally pollutant more frequently than reed by this permit rising test procedures
approved under 40J 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 threaterit public health of the env"rroninettt.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
that ntaiti add ip'tion of the noneompljiaiice,and its cause;the period ofnoneomplianee,including-e tact
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
C•t+1t 122.41(1X6)].
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.
o.- Occurrences outside normal business hours may also be reported to-the Division'-s Emergency-Response
personnel at(800)-858-0368 or(919)733-.3300.
7. Other Noncompliance
The'Pern ittet'shall report all iitstanees of pliawcc not reported tinder 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(I)(7)].
8. Other InTomth tion
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(l)(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
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NPDES General Permit NCG550000
•
digester;the known passage of a slug of hazardous substance through the facility;or any other unusual
eir u mstanees: -
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.
o: Any failure-ofa pumping station,sewer fine,or treatment,facility resulting in;a by-pass without tir t ent 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 acc'ordani;e> th the ten&shall be ac'ailable•for ptyblic iuspeetion 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 reeo*d or other&entrant submitted or reettiired to'bb Maintained under this permit,irichrding monitoring
itoring
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].
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NPDES General Permit NCG550000
PART III
OTHER REQUIREMENTS
• Section A. Construction
a. The Pethtttere shad`not cent "constt icti'on Of wa5tevaater tt'eattitont facilities,nor add to the plant's treatment
capacity,nor change the treatment process(es)utilized at the treatment plant unless(I)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
treattlYeh`t works'or disposal system within the State when the systerti's oY wbtk's principle function is to nondIct,
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.
Section B. Changes in Discharges of Toxic Substances
The Permittee shall notify the Permit Issuing Authority as soon as it knows or has reason to believe(40 CFR 122.42):
a. That any activity has occurred or will occur which would result in the discharge,on a routine or frequent basis,of
any toxic pollutant which is not limited in the permit,if that discharge will exceed the highest of the following
"notification levels"-;-
(1) One hundred micrograms per liter(100 µg/L);
(2) Two hundred micrograms per liter(200 µg/L)for acrolein and acrylonitrile;five hundred micrograms per liter
(500-14.g/1 )for.4-dinitrophenol and-for 2 methyl-4,6-dinitrophenol;and one milligram per liter(1 mom)for
antimony;
(3) Five times the maximum concentration value reported for that pollutant in the permit application.
b. That any activity has' cenrred or*ill dconr"*Melt would result in any discharge;oh a note-routine or infreqUerit
basis,of a toxic pollutant which is not limited in the permit,if that discharge will exceed the highest of the
following"notification levels";
(1) Five hundred micrograms per liter(500 µg/L);
(2) One milligram per liter(1 mg/L)for antimony;
(3) Ten times the maximum concentration value reported for that pollutant in the permit application.
Section C. l'ac'ilty Closure iftequfrements
The Permittee must notify the Division at least 90 days prior to the closure of any wastewater treatment system covered
this permit.The Division y•egitie specific measures•diirhig deactivations of the'systeYn tei prevent adverse
impacts to waters of the State.This permit cannot be rescinded while any activities requiring this permit continue at the
permitted facility.
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NPDES General Permit NCG550000
Surface Waters.The Permittee shall notify the Permit Issuing Authority of any significant change in its sludge use
or disposal practices.
•
7. Power Failures
- The Permittee is responsible for maintaining adequate safeguards(as required by 15A NCAC 02H.0124)to ,
prevent the discharge of untreated or inadequately treatedwastes during electrical power failures either by means
of alternate power sources,standby generators or retention of inadequately treated effluent.
Section D. Monitoring and l ecords
1. Representative Sampling
Sanaplet odilected'aud measurem'eti'ts taken,as required herein,shall be represeirtativ'e'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
phYmit'atid,'ttnless'otlreivsRt-esp ifitrd,befo -th-e-effluent joins or is:dilated by-any othtt waste'stream,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 ofthe 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 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 n'ieastreinent de'ViceS and methods cO sistent with accepted scieil'tifi'c'practi't;'es 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*ability'ofthat typvedevice.DeViees selected shah be ca'pabl'e'of in'eastiring 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 Division's
Laboratory Certification Section(919 733--3908)or visit hops://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.kit.),the'Water and Air Quality Reporting Acts,atid to reeUlstrbn's published pfrstia'dt to Section
304(g),33 USC 1314,of the CWA(as amended),and 40 CH( 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
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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 provides that any petsoti Vvlio falsifies,tampers with,ar latewhigly renders i ceurate,any monitoring
device or method required to be maintained under this pemut 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
eoYivtetitM of a persdrl is fdr a violation coniinitted fift&Y-a first Of-stick person wider 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. Ru ords Retentiron
Except for records of monitoring information required by this permit related to the Pernittee'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),thePermittee 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 6t copies shall be rriaititained for a period of Midst 3 tars froYti the-date-4 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 ReStilts
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. Iii§peetioYt 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 Iocated or
conducted,or where records must be kept under the conditions of this permit;
b: I4ave access to-and copy,at reasonable times,any records that-must be keptunder the conditions of this permit;
c. Inspect at reasonable times any facilities,equipment(includng 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 Reporting Requirements
1. Cbanye in Discharge
All discharges'ak'thbrized herein shall lie eobtisteht with the tern t ati'd'eotiditibbs of this permit Th'e 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. PlanrtedChanges
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:
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NPDES General Permit NCG550000
a. The alteration or addition to a permitted facility may meet one of the criteria for new sources at 40 CFR
12229(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 requirement&under 49 CFR 1-222 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 themxisting permit4 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 riot'transferable toany person without prior written notice Wand approval froth 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(1X3),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.
b. If the Pei rittee nioiritors any pollutant more frequently than retlniied by this permit using test procedures
approvedunder 46 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 thieaten§public health or the eYrvironinent.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 coritairi a-description-of the nohcomptiance,acid its'caitsc;the'period ofttoiicompliattce,including'e tact
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-12.2 41(1x6)].
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.
Occurrences outside normal business hours•may also be-reported to the Division's Emergency-Response
personnel at(800)858=036S or(919)733-3300}.
7. Other Noncompliance
Thb'Peimittee shall repa'rt all instauees ofrioridompiia'nce trot reported under Part II.E.S 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)1
8. Other inTor tiori
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
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NPDES General Permit NCG550000
digester,the known paw-gee of a slug of hazardous substance through the facility;or any other unusual
cirf,umstanoes:
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.
o: Any failure of a o ii o'::station,sewer line;or treatment facility resulting ilia 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 pre de'd hi areordatiee)Mth the terms shall be'a 'ailable for p blie itSpeetiot at the n'ffices
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.
I I. Penalties for Falsification of Reports
The CWA provides that any person who knowingly makes any false statement,representation,or certification in
ariy teeord or other docuhrie7it submitted or required to be Ynaintained tude'r this permit,incltrdiug ri o itbling
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].
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NPDES General Permit NCG550000
PART III
OTHER REQUIREMENTS
• Section A. Construction
a. The Perms shad not edihtnett oohstructibh of wastewater treatment facilities,nbi add to the plant's treatment
capacity,nor change the treatment process(es)utilized at the treatment plant unless(I)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
ttea'tnieiit WerkS o disposal systett within the State'when the systei"s o'r wark'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.
Section B. Changes in Discharges of Toxic Substances
The Permittee shall notify the Permit Issuing Authority as soon as it knows or has reason to believe(40 CFR 122.42):
a. That any activity has occurred or will occur which would result in the discharge,on a routine or frequent basis,of
any toxic pollutant which is not limited in the permit,if that discharge will exceed the highest of the following
"notification levels"
(1) One hundred micrograms per liter(100 µg/L);
(2) Two hundred micrograms per liter(200 µg/L)for acrolein and acrylonitrile;five hundred micrograms per liter
(S00 µg1L)for 2,4-dinitrophenol and for methyl-446-dinitrophenol;undone-milligram per liter(1 mg/•G)for
antimony;
(3) Five times the maximum concentration value reported for that pollutant in the permit application.
That any activity has declined or will&elk which WoUld result in any di'schnte,oh a non-routhie or inffregnetit
basis,of a toxic pollutant which is not limited in the permit,if that discharge will exceed the highest of the
following"notification levels";
(1) Five hundred micrograms per liter(500 µg/L);
(2) One milligram per liter(1 mg/L)for antimony;
(3) Ten times the maximum concentration value reported for that pollutant in the permit application.
Section C. )H'acitity Closure itequirements
The Permittee must notify the Division at least 90 days prior to the closure of any wastewater treatment system covered
bythis'pct ii't.The Divisinri finnytegtii 'specific measures-dtirh1g deactivation olthesystemtO prevent adverse
impacts to waters of the State.This permit cannot be rescinded while any activities requiring this permit continue at the
permitted facility.
Page 16 of 16