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HomeMy WebLinkAboutNCG550761_Issuance of Permit_20190206ROY COOPER Goremm MICHAEL S. REGAN Secretary LINDA CULPEPPER Director NORTH CAROLINA Environmental Quality February 6, 2019 Leonard and Judy Sangmeister 2912 Ash Circle Grimesland, NC 27837 Subject: General Permit NCG550000 Certificate of Coverage (CoC) NCG550761 2912 Ash Circle Pitt County Dear Permittee: The Division has renewed General Permit NCG550000. The Division hereby issues you a revised version of NCG550761, 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 [charles.weaver@ncdenr.gov]. 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 Washington 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 dere k. denard@ncdenr. gov] . cc: NPDES file Since ly, for Linda Culpepper Director, Division of Water Resources D_EQ� 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 NCG550761 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, Leonard and Judy Sangmeister is hereby authorized to discharge <1000 gallons per day of domestic wastewater from a facility located at 2912 Ash Circle Grimesland Pitt County to receiving waters designated as an unnamed tributary to Phi hppi Branch, a class C-NSW stream in subbasin 03-03-05 of the Tar -Pamlico 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 �Uefl for Linda Culpepper Director, Division of Water Resources By Authority of the Environmental Management Commission NPDBS G`dneral Permit 1�1CGSSO�UU 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 SMLAR CHARACTERISTICS UNDER THE NATIONAL POLLUTANT DISCHARGE EIR IINATION 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 pernuttees, 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, H and III hereof This permit shall become effective October 23, 2018. 11is permit shall expire at midnight on October 3f, 2620. Signed this day October 23, 2018. for finda Culpepper, Interim -Director Division of Water Resources By Authority of the'Envuoamental Management Commission Page 1 of 16 NPDES General Permit NCG550000 PART I MONITORING, CONTROLS, AND LIMITATIONS FOR PERMITTED DISCHARGES A. COVERAGE f1.) Limitations -on Coverage: This permit autYiorizes discharges (pursuant to the conditions described in this permit) to all waters of the state unless otherwise excluded in this section. Discharges to the following waters are excluded from permit eoverage and, will -require an -individual permit to discharge: c Waters- classified as WS-I (Water Supply 1) • Waters classified as HQW (High Quality Waters) Waters classified SA (Market Shellfishing, Salt Water) • Waters classified as ORW (Outstanding Resource Waters) • Waters located in the Randleman Lake Watershed. {2.)- Eligibility Vf Coyerage• a. Single Pass Dischagge Systems discharging less than 1,000 gallons per day (applicable to existing facilities only). b. Multi -Phase Filter Systems (Primary & Secondary Single Pass, Recirculating Sand Filters as, well as other alternative technologies that provide treatment equivalerif to, or gedafer than, recircidating sand filters) discharging less than 1,000 gallons per day. {33.) Transfer of C overh4e frbm other permits: a. Notwithstanding Part I, Section A. (L), upon issuance of this general perri it, all existing discharges previously covered under general permit NCG550000 issued on August 1, 2013 will be renewed for coverage under this permit. b. Upon issuance of this general permit, all existing grid active individual - permits previously issued for discharge of domestic wastewater from single family residences and other 100% domestic discharges with similar characteristics will be -eligible for -coverage under this permit, c. This permit does not affect the legal requirements' fd obtaih other permits that may be required by the North Carolina Department of Environmental Quality, or any other federal or local government permit. B. ST�2EATN�ENfi�Y'S'�'EIVI Q�REIVrE��'S (1.) Existing systems (built prior to August 1. 2007): • -Septic Tank • Sand dr'niedia filter component (single pass filter systems, Multi -Phase Filter Systems) • Disinfection (All adding chlorination after August 1, 2007 will also be required to add dechlorination. If a system had chlorination before August 1,.2007, then the addition of dechlorination is not required.) (2.) New (or expanding) and existing systems (built after August 1. 2007) • Septic Tank (with riser) • Filter media • Recirculating pump tank(s) per approved design (Multi -Phase Filter Systems only) • Filter med4component per approved design • Disinfection unit (Chlbrivatiotifdechlorination, or equivalent means of disinfection) • Effluent pipe/outfall • Aeration/erosion control (rip rap). (3.) Failed or failing systems that require replacement: Fdf purposes of this permit, failed or failing systedis that require replacemenf will be subjbd to requirddierits of new systems built after August 1, 2007. f4:) Systems that are •constructed prior to August 1. 2007 that slid not have a valid �mmit: For purposes of this permit, systems that are constructed prior to Augus(1, 2007 that did riot helve a valid permit shall be required to get a valid permit. They will not be required to replace or upgrade systems installed -prior to August 1, 2007 unless they are failing and require replacement. Page 2 of 16 NPDES General Permit NCG550000 C, EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS [15A NCAC 02B .0400 et seq., 02B .0500 et seq.] During the period beginning on -the effective date ofthis'permit and lasting until expiration; the Permittee is aiithorized'td discharge domestic wasfewaterfrom outfall 001. Such disclarges shall be hinted acid mdnitoi'ed by the Permittee as specified below: EFI'LilEIYT CHARACTERISTIC$ . MONMRING RRQUMEMENT ., 1Vlonthly Daily Measurement' sample I Sample, [PareterCode] ' Ave a BSllnllnl nen "T Location' , Flow (gpd) 2 50050 1,000 gpd 2 Annually Estimate Effluent BOD, 5-Day, 20°C (mg/L) 3 C0310 30.0 mg/L 45.0 mg/L Annually Grab Effluent C0530 30:6 mg/L 45.6 mg/L Grab Effluent Total Suspended Solids (TSS) (mg/L) 3 Annually 'Fecal Coiiforrn (#/i00mL) 3,4 31616 200 / 100 mL 400 / 100 mL Annually Grab Effluent Enterococci (##%100mL) 3'4'5 61211 33 / 100 mL Annually GTali Eff i 6t Total Residual- Chlorine (TRC) (µg/L•) 3'6'� 50060 Footnote 6 & 7 Annually Grab Effluent gpd= gallons per day; BOD = Biochemical Oxygen Demand; mg/L = milligrams per liter; #/I00mL = colonies per 100 milliliters; µg/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 Authori'2atidmi to Construct (ATC) issued with the Ceitificafe 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 Colform and Enterococci shall be calculated using the geometric mean, according to the procedure detailed in Part II. Section A. 5. Applicable for' discharges to SR grid SC water odly. Ili SB aiid SC watem's, the requirement fora fecal coliform sample is not required. 6. Receiving sfreth chlorine levels are riot to exeeed 17 µg/L for fitshWafdfdnd 13 µg/L for saltwater: The sample shall be taken from the effluent pipe, prior to discharge into a creek or other waterbody. 7. TRC litnitation only applicable for facilities that are required torvilize dechlorination -(see Part 1,13 fvr Treatment System Requirements). Thd Division shall consider all effluent TRC values reported below 50' µg/L to be in compliance with the permit. However, the Permittee shall continue to maintain records for all values reported by a N6rih Carolina cerfified laboratory (including field certified), even if these values fall below 50 µg/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 A OPERATION; MAINTENANCE & RECORDS (1.) Disinfection: a. The tablet chlorinator and dechlornntitor {if applicable] shall be inspected weekly to ensure there is ann adequate supply of tablefg for continuous add proper" operation. The declilorinator" unit shall' be labeled "dechlorination only". Wastewater grade tablets (calcium hypochlorite) shall be added as needed to provide proper chlorination (pool chlorine tablets shall not be used). b. Unless the altrainoler disinfection uriif is iddiiitored by teldffiefry, the unit shall be checked weekly. The lamp(s) and quartz sleeve(s) shall be cleaned or replaced as needed to ensure proper disinfection. (2.) Bypassing of Treatment Facilities: Treatrhdht'sy'stemss1fa-H lie riiaidatined At all times tdpr'everif seepage of sewage. This'condition supersedes the bypassing of treatment facilities condition in Part II, Section C (4). (3.) Septic tanks - a Septic tanks' and secoridaiy tank (recirculating/pump tanks) shall lie inspected at least yearly to deteri ine if solids must be removed or if other maintenance is necessary. b: -Septic tanks shall be pumped out at least once every five years or when the solids level is found to be more than 1/3 of the liquid depth in any compartment, whichever is greater. All tanks sHould be emptied of their of contents whenever any of the tanks meet this requirement. c. Effluent filters shall be inspected at least once a .year, cleaned, and reinstalled or replaced. d. Coriterits removed froni septic tanks shall be disposed at a Iodation and in a manner compliant with all local, state, and federal regulations. (4.) System Components: Alt system c6nip6nents, including but not neces:§ddly'Iimrted fo, septic tanks, surface sand filters, other filter components, pump/recirculation tanks, controls and alarms, disinfection units, dechlorination apparatus, and the outfalis shall be mairtained at all times and in good operating order. The Permittee is responsible for the operation and maintenance of the entire wastewater treatifiddt systeiri including, but not limited to the following items: a. Accessible sand filter surfaces shall be raked and leveled every six months and any vegetative growth shall be removed, manually. b. All pump and alarm systems shall be inspected and tested monthly. (5) Records Retention: a. Submittal of monthly Discharge Monitorrig Reports (DMRs) shall not be required except upon demand by the Division. This section supersedes the requirement for submitting monthly Discharge Monitoring Reports (DMRs) specified in Part Il, Section D (2) of this permit. Even though the submittal of the monthly monitoring reports to the Division is suspended, all monitoring requirements, remain. b. The data will be maintained on site for a period of three years. The permittee shall notify the Division upon receipt of sampling or monitoring. report indicating noncompliance with the permit. (6.) Outfall Location: A visual review of the outfall location shall be executed twice each year (one at the time of sampling) to ensure th4t rio visible solids or other obvious evidence of system mJIfunctionirig is observed: Any visible signs of a malfunctioning system shall be documented, and steps taken to correct the problem. (7.) Permit Renewal: a. Cerfificates of Coverage (COCs) under this general permit shall be automatically renewed. Dischargers covered by general permits need not submit new Notices of Intent or renewal requests unless so directed by the Division [15A NACA 02H .0127 (e)]. b. COC9 with unpaid adriiiiiistering and compliance thdriif6fifig fee's will d6fbe automatically renewed See Part II, Section B (14) for annual administering and compliance monitoring fee requirements. Page 4 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 Dav 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. Calchdar Ou etr One of the following distinct periods: January through March, April through June, July through September, and October through December. Concp'osite SarnpYe A sample collected over a 24-hour period by continuous sampling or combining grab samples of at least 109 mL in such a manner as to result in a total sample representative of the wastewater discharge during the sample period The Diredtbr may desighate themost'appropime' method (specific number and sine of aliquots necessary, the t 4he MterV'al 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: ea single; -continuous saunple collected, over a 24thour period -proportional to -the Me 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 eollectioir, 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 meaftreinVnt Wtwe'en sample intervals ' -shall bd dewhnined by use of a fife recorder and tbt'aliier, and tht 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 time%onstant Voluthe: aseries of grab samples ofegctalvohin &6olldcted oV'er a 24-holz period at a constant time intervaL Use of this method requires prior approval by the Director. This method may only be used in situations where effluent flow rates vary less than 15 percent. The following restrictions also apply: ➢ influent and effluent grab samples shall be of equal size and of nor less than 100 milliliters ➢ Influent samples shall not be collected more than once per hour. Page 5 of 16 NPDES General Permit NCG550000 ➢ Permittees with wastewater treatment systems whose detention time < 24 hours shall collect effluent grab samples at .intervals of no greater --than 20 Minutes apart during any,24 hour period: ➢ Permiftees with wastewater treatment systems whose detention time exceeds 24 hours shall collect effluent grab samples at least every six hours; there must be a minimum of four samples during a 24- hour sampling period, Continuous flow measurement Flow monitoring that occurs without interruption throughout the operating hours of the facility. Flow shall be monitored continually except for the infrequent times when there may be no flow or for infrequent maintenance activities on the flow device. Daily Discharge The dischwge of a' pollutAnt fiwastwed duhng a ealmdar'day or any 24-hoor periodthat reasokiably represents the' calendar day for purposes of sampling. For pollutants measured in units of mass, the "daily discharge" is calculated as the total mass of the pollutant discharged over the day. For pollutants expressed in other units of measurement, the "daily discharge" is calculated as the average measurement of the pollutant over the day. (40 CFR 122.2; see also "Composite Sample," above.) Daily Maximum The highest "daily discharge" during the calendar month. Daily Sampling Parameters requiring daily sampling shall be sampled 5 out of every 7 days per week unless otherwise specified in the putat. SMAp'ling shall be'condttcbd on' Weekdays eYtcept Whefe holida'y§ or o`thet disroptiobS of norinal operations prevent weekday sampling. If sampling is required for all seven days of the week for any permit parameter(s), that requirement will be so noted on the Effluent Limitations and Monitoring Page(s). DWR or "the Division" The Division of Water Resources, Department of Environmental Quality. Effluent Wastewater discharged following all treatment processes from a water,pollution control facility or other point source whether treated or untreated: EMC The North Carolina Environmental Management Commission EPA The United States Environmental Protection Agency Facihsty Clds&d Cessation of aff activities that require coverage under this NPD'ES permit. Completion of facility closure will allow this permit to be rescinded GebnYetric Mean' The Nth root of the product of the individual values where N = the number of individual values. For purposes of calculating the geometric mean, values of "0" (or "< [detection level]") shall be considered =1. `Gt& S 4hgle Individual samples of at least 169 mL collected over a period of time not exceeding 15 minutes. Grab samples can be collected manually. Grab samples must be representative of the discharge (or the receiving stream, -for instream samples). Hazardous Substance Any substance designated under 40 CFR Part 116 pursuant to Section 311 of the CWA. 1&taft1ai adds flow p*b&6rerrieht The flow measured during the minimum time required for the flow measuring -device or method to produce a result in that instance. To the extent practical, instantaneous flow measurements coincide with the collection of any grab samples required for the same sampling period so that together the samples and flow are representative of the discharge during.that sampling.period. Monthly Average (concentration limit) The'&ithmtflc'fnean of all " daily discharges" of a pollaldnt mreasnted daring the ealthdar tdonth. lh -tile case' of fecal coliform or other bacterial parameters or indicators, the geometric mean of such discharges. Page 6 of 16 NPDES General Permit NCG550000 Permit Issuing; Authority The Director of the Division of Water Resources. l?uarterfy Average (concentration limit) The arithmetic mean of all samples taken over a calendar quarter. Sd,V&&propeMd e 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. .a Section 6. deneral Gaon ikons 1. Duty to Comply Tht Pm9tte tmnt cohiply With all'oonditions of this p'ehnit. Any permit nb'ncomp'liance`cotrstitutes 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 Pern'nuoe sbAll eoffiply 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 ofthe Act, or ahy &I hit cbnditiari or limitation i mplemen`ting any sut h suctions in tt porr)tit issued tinder 'sectibn 402, or ahy 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.X2)] c. The CWA provides that any person who negligently violates sections 30I, 302, 306, 307, 308, 3I9, 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 tupirmen't imposed in a p Mttr eM pYogfMA appYb'i W Under section 402(a)(3) or 402(b)(8) of the Act, is subject to criminal penalties of $2,500 to $25,006 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(cxlyand 40 CFR 122.41(ax2)1 d. Any person who knowingly violates such sections, or such conditions or limitations is subject to criminal 1'e`h9ties of $5;000 to $50,000 per day of Violation, or imprisonI*nt for tt& ntote than 3 years, or both. In tht 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 1,319(cx2) and, 40 CFR 121.41(a)(2)], e. Any person who knowingly violates section 301, 30Z, 303' 306, 307, 308, 31 g 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 kdows at that fte that hb thereby plttees another person in immitient danger of ddath of serloUs 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 otnot more than $366,666 or by imprisonment ofnoi more thanJ0 years, or Page 7 of 16 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 -sub - i to a• fine of mt more than $110004000 andi 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 t© act in accordance with the terms, conditions; or requirements of a permit.-{Norxh, Carolina General- Statutes §-143-21.5-.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 Actor my teMit'condidbh •or &Atafloh MiplbVitri ln`g may -of stich,0c'ti6Yis 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 H violations aite not to exceed $16,000 pet day for each day during which the violation continues, with the maximum amount of any Class II penalty not to exceed $ I77,500. [33 USC 1319(gx2) and 40 CFR 122AI(a)(3)] 2. M to Miti 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" (fait 11.C.7), hothhig M this perdfit -snail bd't:oYiStr wd to reiiewe the Pormittee 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• andliazardous Substance Liability Nothing in this permit shall be construed to preclude the institution of any legal action or relieve the Permittee frdw ohy"resp6lisibilities, iihbilifids,'or penalties to Which the Permittee is'or way be'stbject to tinder NCGS 143- 215.75 et seq. or Section 311 of the Federal Act, 33 USG 1521. 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 Itig is 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 Federals State or local laws or regulations [40 CFR 122A I (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` pro, itions of this permit are severable. if aYty provMdff of this I drmit, or the gplicatioh oiAfty ptovisim •6f this permit to any circumstances, is held invalid, the applicafion of such provision to other circumstances, and the remainder of this permit, shall not be affected thereby [NCGS 150B-23]. 8. Pit to Prrbyide'Infohnat'rbri The Permittee shall famish 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 Thh Perthittee is ndt auMorized to discharge After 1he'ekpkatid)6 dab. In'ordebr to receive antohiatic atzthoiizatim 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 permrission for a Page 8 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 122.2l(d)]. 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) 'Ford-borporation: by d respoitsibie'corptoroth o'fftc er. Pbr th`e p*dse'o'f this Seetio'n, a tesponsible corporate officer means: (a) a president, secretary, treasurer or vice president of the corporation in charge of a principal business fimction, or any other person who performs similar policy or decision making functi'on� for the eoiporation, or (b)'the nlabagcr of one or more man factoring, prodfction, or operating facilities, provided; the manager is authorizedto make management decisions which govern the operation of the regulated facility including having the explicit or implicit duty of making major capital investment recomtnendatiobs, and aitiating acid dhtctu'ig -61her coinpreli tisiVt nieastrres th 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,•requiiements and where authority to sign documents has been assigned or delegated to the manager inaccordance with corporate procedures . (2) For a partnership or sole proprietorship: by a general partner or the proprietor, respectively; or (3) For. a• municipality; Statei Federal;, or otherpublic agency. by either-a,principal emoutive officer or ranking elected official [40 CFR 1,22.22]. 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'aduly authorized representative only if: (1) The authorization is made in writing by a person described above; (2) The authorization speeifred either an individual or'a position having respotisibildy for the o`irernll-ope'ratibn 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 t64Ytlio4i2atioh: If at lhori&lion under patagraph (b)bfthis section is no loiiger aecuraYe beeatase 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 STATEN4ENTS OF CERTIFICATION WILL REACCEPTFU "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 quaked personnel properly gather and 6alticYte the ififbrrrYaridW iiibmitted. BdSed vh' ih)f inclufty of tke pef's6h or pepOW whV in`affage ft 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,• mcluding•the possibility of Ines and imprisonmentfor 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 12141(t)]. 13. Permit Modification, Revocation and Reissuance. or Termination Thb' isst1ati& of this pens t does not ptobibit the prePit'nit issuft authority froYii &bp'6h tYg a'ad Md`fyiog 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. Page 9 of 16 NPDES General Permit NCG550000 14. Annual Administeringand Compliance Monitoring Fee Requirements Th'ePerm'ittdo mast puy the ahhdal a&Agstefg Md-obriYpliance trtor Wriing ft with'in thirty days aftor being billed by the Division. Failure to pay the fee in a timely manner in accordance with 15A NCAC 02H .0105(b)(4) may cause this Division to initiate action to revoke the permit. Section C. doerailon and Maintenance of#igution Controls 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. designate one Operator In Responsible Charge (ORC) who possesses a valid certificate of the type and grade at least equivalent to the type and -grade of the systemi b. designate one or more Back-up Operator(s) in Responsible Charge (Back-up ORCs) who possesses a valid certificate of the type of the system and no more than one grade less than the grade of the system, with the exception of no backup operator in, responsible charge is required- for systems whose minimum visitation requirements are twice per year; and c. submit a signed completed "Water Pollution Control System Operator Designation Form" to the Commission (or t6 the local health depatmiel t fdroWnen df stitit esystelAs)co)ntersigned by the designated corttified 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 Operator in Responsible Charge (ORC) and Back-up Op for 3n 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 ($aek-up ORC).. (3) within seven calendar days of vacancies in both ORC and Backup 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 15A NCAC 08G .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 of as is necessary toinsure 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 or! A NCAC 086 .0204. 2. Proper Operation and Maintenance The Permittee shall at all tirnos properly operate and MoInUM all #heilitios and system bTtreatmetrt ad 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. , ( Page 10 of 16 NPDRS general Permit NCG550000 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 12241(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 ILE.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 propertydamage; (B) There were no feasible alternatives to the bypass, such as the use of auxiliary treatment facilities, meh-tion*of ttntrdnted waAft ormuTntdnarlee'during -notarial pttiods of dquiprnent downtime. 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 fora 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, (1 r of this section: 5. Upsets 'tL EffM'ofail Vpset 146 CFR 122.4i(n)(2)]: At ulsset"daimitulft ah-af6rtli`atiVedefehse'to an 8Ctibfi bto'dght fbt 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 upsets and before an aeon 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 ups€t,shall demonstm#e, through properly signed, oontemporaneous operating 3�ags; or other relevaxat 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. z: Burden o€-proof [40 CPR 122:41(ra)(4)1: The Permittee-seeking to establish the"orcurrenceof an upset has the burden of proof in any enforcement proceeding. 6. Removed Substances Solids, sludges, filttef b&kvv&X of -other poliiltants refflVwd in the coursd of WAtth` bt'o7r'controi 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 slid CoY rftsidiL The Periftitted shall dditaply With all applicable state and Federal regalatiohs goweffi ft 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