HomeMy WebLinkAboutNCG550220_Issuance of Permit_20190311 ROY COOPER
1;4 eI Govetnor
t*: MICHAEL S. REGAN
i.3;Ti:t ` tif+ Sec,etary
LINDA CULPEPPER
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NORTH CAROLINA
Environmental Quality
March 11, 2019
Mary F. Saunders
540 Shadow Ln
Winston-Salem, NC 27107
Subject: General Permit NCG550000
Certificate of Coverage (CoC) NCG550220
540 Shadow Ln
Forsyth County
Dear Permittee:
The Division has renewed General Permit NCG550000. The Division hereby issues you a revised
version of NCG550220, 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 Weaver [charles.weaver@ncdenr.gov]. Future
CoC 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 Winston-Salem Regional
Office prior to any sale or transfer of the permitted facility. Regional Office staff will assist you
in documenting the transfer of this CoC.
This permit does not affect the legal requirements to obtain any other State,Federal, or Local
governmental permit that may be required. If you have any questions concerning the requirements of the
General Permit,please contact Derek Denard of the NPDES staff[919 707-3618 or via email at
derek.denard@ncdenr.gov].
Sine ely, //,1
for ' da Culpepper&el
Director, Division of Water Resources
cc: NPDES file
D Q11)
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 NCG550220 ,
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,
Mary F. Saunders
is hereby authorized to discharge <1000 gallons per day of domestic wastewater from a
facility located at
540 Shadow Ln
Winston-Salem
Forsyth County
to receiving waters designated as Soakas Creek, a class C stream in subbasin 03-07-04 of the
Yadkin-Pee Dee River Basin in accordance with the effluent limitations, monitoring requirements,
and other conditions set forth in Parts I, II, and III hereof.
This certificate of coverage takes effect March 11, 2019.
This Certificate of Coverage shall remain valid for the duration of the General Permit.
Signed this day March 11, 2019
(47 if Oh/
for Linda Culpepper
Director, Division of Water Resources
By Authority of the Environmental Management Commission
NORTH CAROLINA DEPARTMENT'OF
ENVIRONMENTAL QUALITY II I I III II I II I I II II I I I II I II II
INVOICE * 2018PR009297 *
Annual Permit Fee Overdue
This annual fee is required by the North Carolina Administrative Code.It covers the administrative costs associated with
your permit.It is required of any person holding a permit for any time during the annual fee period,regardless of the facility's
operating status.Failure to pay the fee by the due date will subject the permit to revocation.Operating without a valid
permit is a violation and is subject to a$10,000 per day fine.If the permit is revoked and you later decide a permit is
needed,you must reapply,with the understanding the permit request may be denied due to changes in environmental,
regulatory,or modeling conditions.
Invoice Number. 2018PR009297 Annual Fee Period: 2018-11-01 to 2019-10-31
Permit Number: NCG550220 Invoice Date: 10/05/2018
Forsyth County
540 Shadow Lane Due Date: 11/04/2018
Mary F.Saunders Annual Fee: $60.00
540 Shadow Ln
Winston Salem,NC 27107
Notes:
1. You may pay either by mail with check/money order OR by electronic payment(eCheck or Credit Card).
2. If payment is by check/money order,please remit payment to:
NCDEQ-Division of Water Resources
Attn: Animal/Discharge/Non-Discharge Billing
1617 Mail Service Center
Raleigh,NC 27699-1617
3. If payment is electronic,please see https:l/dea.nc.00v/epavments/wq to pay electronically. Payments by eCheck will debit your
checking account. Credit card transactions will incur a convenience fee.
4. Please include your Permit Number and Invoice Number on all correspondence.
5. A$25.00 processing fee will be charged for returned checks in accordance with North Carolina General Statute 25-3-512.
6. Non-Payment of this fee by the payment due date will initiate the permit revocation process.
7. Should you have any questions regarding this invoice,please contact the Annual Administering and Compliance Fee
Coordinator at 919-707-3698.
(Return This Portion With Check)
III 1111 1111111111 liii
* 2 0 1 8 P R 0 0 9 2 9 7 *
ANNUAL PERMIT INVOICE
Overdue
Invoice Number. 2018PR009297 Annual Fee Period: 2018-11-01 to 2019-10-31
Permit Number ' NCG550220
Invoice Date: 10/5/2018
Forsyth County
540 Shadow Lane Due Date: 11/4/2018
Annual Fee: $60.00
Mary F.Saunders
540 Shadow Ln
Winston Salem,NC 27107 Check Number.
NPDES General Permit NCG550000
STATE OF NORTH CAROLINA
DEPARTMENT OF ENVIRONMENTAL QUALITY
DIVISION OF WATER RESOURCES
GENERAL PERMIT NCG550000
DISCHARGE OF DOMESTIC WASTEWATER FROM
SINGLE FAMILY RESIDENCES
AND OTHER 100%DOMESTIC DISCHARGES
WITH SIMILAR CHARACTERISTICS
UNDER THE
NATIONAL POLLUTANT DISCHARGE ELIM NATION SYSTEM
In compliance with the provision of North Carolina General Statute 143-215.1,other lawful standards and
regulations promulgated and adopted by the North Carolina Environmental Management Commission,
and the Federal Water Pollution Control Act, as amended, this permit is hereby issued to all owners or
operators,hereafter permittees,which are covered by this permit as evidenced by receipt of a Certificate
of Coverage by the Environmental Management Commission to allow the discharge of treated domestic
wastewater in accordance with the effluent limitations,monitoring requirements,and other conditions set
forth in Parts I,II and III hereof.
This permit shall become effective October 23,2018.
This permit shall expire at midnight on October 31,2020.
Signed this day October 23,2018.
•
•
- -- --- - - - --- - ----
for da Culpepper,Interim Director
Division of Water Resources
By Authority of the Environmental Management Commission
Page 1 of 16
NPDES General Permit NCG550000
PART I
MONITORING, CONTROLS,AND LIMITATIONS FOR PERMITTED DISCHARGES
A. COVERAGE
(1.)Limitations on Coverage:
This permit authorizes 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
coverage and will require an individual permit to discharge:
• Waters classified as WS-I(Water Supply I)
• 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 of Coverage:
a. Single Pass Discharge 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 equivalent to,or greater than,recirculating sand filters)
discharging less than 1,000 gallons per day.
(3.)Transfer of Coverage from other permits:
a. Notwithstanding Part I,Section A.(1.),upon issuance of this general permit,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 and 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 to obtain other permits that may be required by the
North Carolina Department of Environmental Quality,or any other federal or local government permit.
B. TREATMENT SYSTEM REOUIREMENTS
(1.)Existing systems(built prior to August 1,2007):
• Septic Tank
• Sand or media 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 media component per approved design
• Disinfection unit(Chlorination/dechlorination,or equivalent means of disinfection)
• Effluent pipe/outfall
• Aeration/erosion control(rip rap).
(3.)Failed or failing systems that require replacement:
For purposes of this permit,failed or failing systems that require replacement will be subject to requirements
of new systems built after August 1,2007.
(4.)Systems that are constructed prior to August 1,2007 that did not have a valid permit:
For purposes of this permit,systems that are constructed prior to August 1,2007 that did not have 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 of this permit and lasting until expiration,the Permittee is
authorized to discharge domestic wastewater from outfall 001. Such discharges shall be limited and monitored by
the Permittee as specified below:
LIMITS MONITORING' . ,
EFFLUENT CHARACTERISTICS REQUIREMENTS
[Para►neterCodei Monthly Daily Measurement Sample Sample
Average Maximum Frequency Type Location I
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
Total Suspended Solids(TSS)(mg/L)3 C0530 30.0 mg/L 45.0 mg/L Annually Grab Effluent
Fecal Coliform(#/100mL)3'4 31616 200/100 mL 400/100 mL Annually Grab Effluent
Enterococci(#/100mL)3'4'5 61211 35/100 mL Annually Grab Effluent
Total Residual Chlorine(TRC)(µg/L)3'6'7 50060 Footnote 6&7 Annually Grab Effluent
gpd=gallons per day;BOD=Biochemical Oxygen Demand;mg/L=milligrams per liter;
#/100mL=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
Authorization to Construct(ATC)issued with the Certificate of Coverage(COC)may further limit the flow
authorized by the permit to a lower discharge volume.
3. A North Carolina certified laboratory must perform the wastewater analysis.
4. Fecal Coliform and Enterococci shall be calculated using the geometric mean,according to the procedure
detailed in Part II. Section A.
5. Applicable for discharges to SB and SC water only.In SB and SC waters,the requirement for a fecal coliform
sample is not required.
6. Receiving stream chlorine levels are not to exceed 17 µg/L for freshwater and 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 limitation only applicable for facilities that are required to utilize dechlorination(see Part I,B for
Treatment System Requirements).The 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 North Carolina certified 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
D. OPERATION,MAINTENANCE &RECORDS
(1.)Disinfection:
a. The tablet chlorinator and dechlorinator[if applicable] shall be inspected weekly to ensure there is an
adequate supply of tablets for continuous and proper operation.The dechlorinator 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 ultraviolet disinfection unit is monitored by telemetry,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:
Treatment systems shall be maintained at all times to prevent 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 secondary tank(recirculating/pump tanks)shall be inspected at least yearly to determine
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. Contents removed from septic tanks shall be disposed at a location and in a manner compliant with all
local,state,and federal regulations.
(4.)System Components: _
All system components,including but not necessarily limited to,septic tanks,surface sand filters,other filter
components,pump/recirculation tanks,controls and alarms,disinfection units,dechlorination apparatus,and
the outfalls shall be maintained at all times and in good operating order. The Permittee is responsible for the
operation and maintenance of the entire wastewater treatment system 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 Monitoring 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 II,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.
c. 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 that no visible solids or other obvious evidence of system malfunctioning is observed.Any visible
signs of a malfunctioning system shall be documented,and steps taken to correct the problem.
(7.)Permit Renewal:
a. Certificates 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. COCs with unpaid administering and compliance monitoring fees will not be 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 Day
The period from midnight of one day until midnight of the next day.However,for purposes of this permit,any
consecutive 24-hour period that reasonably represents the calendar day may be used for sampling.
Calendar Week
The period from Sunday through the following Saturday.
Calendar Quarter
One of the following distinct periods:January through March,April through June,July through September,and
October through December.
Composite Sample
A sample collected over a 24-hour period by continuous sampling or combining grab samples of at least 100 mL in
such a manner as to result in a total sample representative of the wastewater discharge during the sample period.The
Director may designate the most appropriate method(specific number and size of aliquots necessary,the time interval
between grab samples,etc.)on a_case-by-case basis.Samples may be collected manually or automatically.Composite
samples may be obtained by the following methods:
(1) Continuous:a single,continuous sample collected over a 24-hour period proportional to the rate of flow.
(2) Constant time/variable volume:a series of grab samples collected at equal time intervals over a 24 hour period
of discharge and combined proportional to the rate of flow measured at the time of individual sample
collection,or
(3) Variable time/constant volume:a series of grab samples of equal volume collected over a 24 hour period with
the time intervals between samples determined by a preset number of gallons passing the sampling point.Flow
measurement between sample intervals shall be determined by use of a flow recorder and totalizer,and the
preset gallon interval between sample collection fixed at no greater than 1/24 of the expected total daily flow at
the treatment system,or
(4) Constant time/constant volume:a series of grab samples of equal volume collected over a 24-hour 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 no 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.
➢ Permittees 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 discharge of a pollutant measured during a calendar day or any 24-hour period that reasonably 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
permit.Sampling shall be conducted on weekdays except where holidays or other disruptions of normal 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
Facility Closure
Cessation of all activities that require coverage under this NPDES permit.Completion of facility closure will allow this
permit to be rescinded.
Geometric 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.
Grab Sample
Individual samples of at least 100 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.
Instantaneous flow measurement
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 arithmetic mean of all"daily discharges"of a pollutant measured during the calendar month.In the 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.
Quarterly Average(concentration limit)
The arithmetic mean of all samples taken over a calendar quarter.
Severe property damage
Substantial physical damage to property,damage to the treatment facilities which causes them to become inoperable,or
substantial and permanent loss of natural resources which can reasonably be expected to occur in the absence of a
bypass. Severe property damage excludes economic loss caused by delays in production.
Toxic Pollutant:Any pollutant listed as toxic under Section 307(a)(1)of the CWA.
Upset
An incident beyond the reasonable control of the Permittee causing unintentional and temporary noncompliance with
permit effluent limitations and/or monitoring requirements.An upset does not include noncompliance caused by
operational error,improperly designed treatment facilities,inadequate treatment facilities,lack of preventive
maintenance,or careless or improper operation.
Weekly Average(concentration limit)
The arithmetic mean of all"daily discharges"of a pollutant measured during the calendar week.In the case of fecal
coliform or other bacterial parameters or indicators,the geometric mean of such discharges.
Section B. General Conditions
1. Duty to Comply
The Permittee must comply with all conditions of this permit.Any permit noncompliance constitutes a violation of
the CWA and is grounds for enforcement action;for permit termination,revocation and reissuance,or
modification;or denial of a permit renewal application[40 CFR 122.41].
a. The Permittee-shall comply with effluent standards or prohibitions established under section 307(a)of the
CWA for toxic pollutants and with standards for sewage sludge use or disposal established under section
405(d)of the CWA within the time provided in the regulations that establish these standards or prohibitions or
standards for sewage sludge use or disposal,even if the permit has not yet been modified to incorporate the
requirement.
b. The CWA provides that any person who violates section[s]301,302,306,307,308,318 or 405 of the Act,or
any permit condition or limitation implementing any such sections in a permit issued under section 402,or any
requirement imposed in a pretreatment program approved under sections 402(a)(3)or 402(b)(8)of the Act,is
subject to a civil penalty not to exceed$37,500 per day for each violation. [33 USC 1319(d)and 40 CFR
122.41(a)(2)]
c. The CWA provides that any person who negligently violates sections 301,302,306,307,308,318,or 405 of
the Act,or any condition or limitation implementing any of such sections in a permit issued under section 402
of the Act,or any requirement imposed in a pretreatment program approved under section 402(a)(3)or
402(b)(8)of the Act,is subject to criminal penalties of$2,500 to$25,000 per day of violation,or
imprisonment of not more than 1 year,or both.In the case of a second or subsequent conviction for a negligent
violation,a person shall be subject to criminal penalties of not more than$50,000 per day of violation,or by
imprisonment of not more than 2 years,or both. [33 USC 1319(c)(1)and 40 CFR 122.41(a)(2)]
d. Any person who knowingly violates such sections,or such conditions or limitations is subject to criminal
penalties of$5,000 to$50,000 per day of violation,or imprisonment for not more than 3 years,or both.In the
case of a second or subsequent conviction for a knowing violation,a person shall be subject to criminal
penalties of not more than$100,000 per day of violation,or imprisonment of not more than 6 years,or both.
[33 USC 1319(c)(2)and 40 CFR 122.41(a)(2)]
e. Any person who knowingly violates section 301,302,303,306,307,308,318 or 405 of the Act,or any permit
condition or limitation implementing any of such sections in a permit issued under section 402 of the Act,and
who knows at that time that he thereby places another person in imminent danger of death or serious bodily
injury,shall,upon conviction,be subject to a fine of not more than$250,000 or imprisonment of not more than
15 years,or both.In the case of a second or subsequent conviction for a knowing endangerment violation,a
person shall be subject to a fine of not more than$500,000 or by imprisonment of not more than 30 years,or
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 subject to a fine of not more than$1,000,000 and can be fined up to
$2,000,000 for second or subsequent convictions. [40 CFR 122.41(a)(2)]
f. Under state law,a civil penalty of not more than$25,000 per violation may be assessed against any person
who violates or fails to act in accordance with the terms,conditions,or requirements of a permit. [North
Carolina General Statutes§ 143-215.6A]
g. Any person may be assessed an administrative penalty by the Administrator for violating section 301,302,
306,307,308,318 or 405 of this Act,or any permit condition or limitation implementing any of such sections
in a permit issued under section 402 of this Act.Administrative penalties for Class I violations are not to
exceed$16,000 per violation,with the maximum amount of any Class I penalty assessed not to exceed
$37,500.Penalties for Class II violations are not to exceed$16,000 per day for each day during which the
violation continues,with the maximum amount of any Class II penalty not to exceed$177,500. [33 USC
1319(g)(2)and 40 CFR 122.41(a)(3)]
2. Duty to Mitigate
The Permittee shall take all reasonable steps to minimize or prevent any discharge or sludge use or disposal in
violation of this permit with a reasonable likelihood of adversely affecting human health or the environment[40
CFR 122.41(d)].
3. Civil and Criminal Liability
Except as provided in permit conditions on"Bypassing"(Part II.C.4),"Upsets"(Part II.C.5)and"Power Failures"
(Part II.C.7),nothing in this permit shall be construed to relieve the Permittee from any responsibilities,liabilities,
or penalties for noncompliance pursuant to NCGS 143-215.3, 143-215.6 or Section 309 of the Federal Act,33 USC
1319.Furthermore,the Permittee is responsible for consequential damages,such as fish kills,even though the
responsibility for effective compliance may be temporarily suspended.
4. Oil and Hazardous Substance Liability
Nothing in this permit shall be construed to preclude the institution of any legal action or relieve the Permittee
from any responsibilities,liabilities,or penalties to which the Permittee is or may be subject to under NCGS 143-
215.75 et seq.or Section 311 of the Federal Act,33 USG 1321.Furthermore,the Permittee is responsible for
consequential damages,such as fish kills,even though the responsibility for effective compliance may be
temporarily suspended.
5. Property Rights
The issuance of this permit does not convey any property rights in either real or personal property,or any exclusive
privileges,nor does it authorize any injury to private property or any invasion of personal rights,nor any
infringement of Federal,State or local laws or regulations[40 CFR 122.41(g)].
6. Onshore or Offshore Construction
This permit does not authorize or approve the construction of any onshore or offshore physical structures or
facilities or the undertaking of any work in any navigable waters.
7. Severability
The provisions of this permit are severable.If any provision of this permit,or the application of any provision of
this permit to any circumstances,is held invalid,the application of such provision to other circumstances,and the
remainder of this permit,shall not be affected thereby[NCGS 150B-23].
8. Duty to Provide Information
The Permittee shall furnish to the Permit Issuing Authority,within a reasonable time,any information which the
Permit Issuing Authority may request to determine whether cause exists for modifying,revoking and reissuing,or
terminating this permit or to determine compliance with this permit.The Permittee shall also furnish to the Permit
Issuing Authority upon request,copies of records required by this permit[40 CFR 122.41(h)].
9. Duty to Reanvly
If the Permittee wishes to continue an activity regulated by this permit after the expiration date of this permit,the
Permittee must apply for and obtain a new permit[40 CFR 122.41(b)].
10. Expiration of Permit
The Permittee is not authorized to discharge after the expiration date.In order to receive automatic authorization to
discharge beyond the expiration date,the Permittee shall submit such information,forms,and fees as are required
by the agency authorized to issue permits no later than 180 days prior to the expiration date unless permission for a
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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)].
11. Signatory Requirements
All applications,reports,or information submitted to the Permit Issuing Authority shall be signed and certified[40
CFR 122.41(k)].
a. All permit applications shall be signed as follows:
(1) For a corporation: by a responsible corporate officer.For the purpose of this Section,a responsible
corporate officer means: (a)a president,secretary,treasurer or vice president of the corporation in charge
of a principal business function,or any other person who performs similar policy or decision making
functions for the corporation,or(b)the manager of one or more manufacturing,production,or operating
facilities,provided,the manager is authorized to make management decisions which govern the operation
of the regulated facility including having the explicit or implicit duty of making major capital investment
recommendations,and initiating and directing other comprehensive measures to assure long term
environmental compliance with environmental laws and regulations;the manager can ensure that the
necessary systems are established or actions taken to gather complete and accurate information for permit
application requirements;and where authority to sign documents has been assigned or delegated to the
manager in accordance with corporate procedures.
(2) For a partnership or sole proprietorship: by a general partner or the proprietor,respectively;or
(3) For a municipality,State,Federal,or other public agency: by either a principal executive officer or
•
ranking elected official[40 CFR 122.22].
b. All reports required by the permit and other information requested by the Permit Issuing Authority shall be
signed by a person described in paragraph a.above or by a duly authorized representative of that person.A
person is a duly authorized representative only if:
(1) The authorization is made in writing by a person described above;
(2) The authorization specified either an individual or a position having responsibility for the overall operation
of the regulated facility or activity,such as the position of plant manager,operator of a well or well field,
superintendent,a position of equivalent responsibility,or an individual or position having overall
responsibility for environmental matters for the company.(A duly authorized representative may thus be
either a named individual or any individual occupying a named position.);and
(3) The written authorization is submitted to the Permit Issuing Authority[40 CFR 122.22]
c. Changes to authorization:If an authorization under paragraph(b)of this section is no longer accurate because
a different individual or position has responsibility for the overall operation of the facility,a new authorization
satisfying the requirements of paragraph(b)of this section must be submitted to the Director prior to or
together with any reports,information,or applications to be signed by an authorized representative[40 CFR
122.22]
d. Certification.Any person signing a document under paragraphs a.orb.of this section shall make the following
certification[40 CFR 122.22].NO OTHER STATEMENTS OF CERUFTCATION WILL BE ACCEPTED:
"I certi under penalty of law, that this document and all attachments were prepared under my direction or
supervision in accordance with a system designed to assure that qualified personnel properly gather and
evaluate the information submitted.Based on my inquiry of the person or persons who manage the system, or
those persons directly responsible for gathering the information, the information submitted is, to the best of my
knowledge and belief true, accurate, and complete.I am aware that there are significant penalties for
submitting false information, including the possibility of fines and imprisonment for knowing violations."
12. Permit Actions
This permit may be modified,revoked and reissued,or terminated for cause.The filing of a request by the
Permittee for a permit modification,revocation and reissuance,or termination,or a notification of planned changes
or anticipated noncompliance does not stay any permit condition[40 CFR 122.41(f)].
13. Permit Modification,Revocation and Reissuance,or Termination
The issuance of this permit does not prohibit the permit issuing authority from reopening and modifying the permit,
revoking and reissuing the permit,or terminating the permit as allowed by the laws,rules,and regulations
contained in Title 40,Code of Federal Regulations,Parts 122 and 123;Title 15A of the North Carolina
Administrative Code,Subchapter 02H.0100;and North Carolina General Statute 143.215.1 et.al.
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14. Annual Administering and Compliance Monitoring Fee Requirements
The Permittee must pay the annual administering and compliance monitoring fee within thirty days after being
billed by the Division.Failure to pay the fee in a timely manner in accordance with 15A NCAC 02H.0105(b)(4)
may cause this Division to initiate action to revoke the permit.
Section C. Operation and Maintenance of Pollution 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 system;
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 to the local health department for owners of subsurface systems)countersigned by the 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
Operator in Responsible Charge(ORC)and Back-up Operator 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 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 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 15A NCAC 08G.0204.
2. Proper Operation and Maintenance
The Permittee shall at all times properly operate and maintain all facilities and systems of treatment and control
(and related appurtenances)which are installed or used by the Pennittee 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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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 CFR 122.41(m)(2)]
The Permittee may allow any bypass to occur which does not cause effluent limitations to be exceeded,but
only if it also is for essential maintenance to assure efficient operation.These bypasses are not subject to the
provisions of Paragraphs b.and c.of this section.
b. Notice[40 CFR 122.41(m)(3)]
(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,
retention of untreated wastes or maintenance during normal periods of equipment 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 for a 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)of this section.
5. Upsets
a. Effect of an upset[40 CFR 122.41(n)(2)]: An upset constitutes an affirmative defense to an action brought for
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 of 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.
c. Burden of proof[40 CFR 122.41(n)(4)]: The Permittee seeking to establish the occurrence of an upset has
the burden of proof in any enforcement proceeding.
6. Removed Substances
Solids,sludges,filter backwash,or other pollutants removed in the course of treatment or control of wastewaters
shall be utilized/disposed of in accordance with NCGS 143-215.1 and in a manner such as to prevent any pollutant
from such materials from entering waters of the State or navigable waters of the United States except as permitted
by the Commission.The Permittee shall comply with all applicable state and Federal regulations governing 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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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 Records
1. Representative Sampling
Samples collected and measurements taken,as required herein,shall be representative of the permitted discharge.
Samples collected at a frequency less than daily shall be taken on a day and time that is representative of the
discharge for the period the sample represents.All samples shall be taken at the monitoring points specified in this
permit and,Unless otherwise specified,before the effluent joins or is diluted by any other wastestream,body of
water,or substance.Monitoring points shall not be changed without notification to and the approval of the Permit
Issuing Authority[40 CFR 122.41(j)].
2. Reporting
Monitoring results obtained during the previous month(s)shall be summarized for each month and reported on a
monthly Discharge Monitoring Report(DMR)Form(MR 1, 1.1,2,3)or alternative forms approved by the
Director,postmarked no later than the last calendar day of the month following the completed reporting period.
The first DMR is due on the last day of the month following the issuance of the permit or in the case of a new
facility,on the last day of the month following the commencement of discharge.Duplicate signed copies of these,
and all other reports required herein,shall be submitted to the following address:
NC DEQ/Division of Water Resources/Water Quality Permitting Section
ATTENTION:Central Files
1617 Mail Service Center
Raleigh,North Carolina 27699-1617
3. Flow Measurements
Appropriate flow measurement devices and methods consistent with accepted scientific practices shall be selected
and used to ensure the accuracy and reliability of measurements of the volume of monitored discharges.The
devices shall be installed,calibrated and maintained to ensure that the accuracy of the measurements is consistent
with the accepted capability of that type of device.Devices selected shall be capable of measuring flows with a
maximum deviation of less than 10%from the true discharge rates throughout the range of expected discharge
volumes.Flow measurement devices shall be accurately calibrated at a minimum of once per year and maintained
to ensure that the accuracy of the measurements is consistent with the accepted capability of that type of device.
The Director shall approve the flow measurement device and monitoring location prior to installation.
Once-through condenser cooling water flow monitored by pump logs,or pump hour meters as specified in Part I of
this permit and based on the manufacturer's pump curves shall not be subject to this requirement.
4. Test Procedures
Laboratories used for sample analysis must be certified by the Division.Permittees should contact the Division's
Laboratory Certification Section(919 733-3908)or visit https://deq.nc.gov/about/divisions/water-resources/water-
resources-data/water-sciences-home page/laboratory-certification-branch for information regarding laboratory
certifications.
Facilities whose personnel are conducting testing of field-certified parameters only must hold the appropriate field
parameter laboratory certifications.
Test procedures for the analysis of pollutants shall conform to the EMC regulations(published pursuant to NCGS
143-215.63 et.seq.),the Water and Air Quality Reporting Acts,and to regulations published pursuant to Section
304(g),33 USC 1314,of the CWA(as amended),and 40 CFR 136;or in the case of sludge use or disposal,
approved under 40 CFR 136,unless otherwise specified in 40 CFR 503,unless other test procedures have been
specified in this permit[40 CFR 122.41].
To meet the intent of the monitoring required by this permit,all test procedures must produce minimum detection
and reporting levels that are below the permit discharge requirements and all data generated must be reported down
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to the minimum detection or lower reporting level of the procedure.If no approved methods are determined
capable of achieving minimum detection and reporting levels below permit discharge requirements,then the most
sensitive(method with the lowest possible detection and reporting level)approved method must be used.
5. Penalties for Tampering
The CWA provides that any person who falsifies,tampers with,or knowingly renders inaccurate,any monitoring
device or method required to be maintained under this permit shall,upon conviction,be punished by a fine of not
more than$10,000 per violation,or by imprisonment for not more than two years per violation,or by both.If a
conviction of a person is for a violation committed after a first conviction of such person under this paragraph,
punishment is a fine of not more than$20,000 per day of violation,or by imprisonment of not more than 4 years,
or both[40 CFR 122.41].
6. Records Retention
Except for records of monitoring information required by this permit related to the Permittee's sewage sludge use
and disposal activities,which shall be retained for a period of at least five years(or longer as required by 40 CFR
503),the Pemaittee shall retain records of all monitoring information,including:
all calibration and maintenance records
all original strip chart recordings for continuous monitoring instrumentation
copies of all reports required by this permit
copies of all data used to complete the application for this permit
These records or copies shall be maintained for a period of at least 3 years from the date of the sample,
measurement,report or application.This period may be extended by request of the Director at any time[40 CFR
122.41].
7. Recording Results
For each measurement or sample taken pursuant to the requirements of this permit,the Permittee shall record the
following information[40 CFR 122.41]:
a. The date,exact place,and time of sampling or measurements;
b. The individual(s)who performed the sampling or measurements;
c. The date(s)analyses were performed;
d. The individual(s)who performed the analyses;
e. The analytical techniques or methods used;and
f. The results of such analyses.
8. Inspection and Entry
The Permittee shall allow the Director,or an authorized representative(including an authorized contractor acting as
a representative of the Director),upon the presentation of credentials and other documents as may be required by
law,to;
a. Enter,at reasonable times,upon the Permittee's premises where a regulated facility or activity is located or
conducted,or where records must be kept under the conditions of this permit;
b. Have access to and copy,at reasonable times,any records that must be kept under the conditions of this permit;
c. Inspect at reasonable times any facilities,equipment(including monitoring and control equipment),practices,
or operations regulated or required under this permit;and
d. Sample or monitor at reasonable times,for the purposes of assuring permit compliance or as otherwise
authorized by the CWA,any substances or parameters at any location[40 CFR 122.41(i)].
Section E Reporting Requirements
1. Change in Discharge
All discharges authorized herein shall be consistent with the terms and conditions of this permit.The discharge of
any pollutant identified in this permit more frequently than or at a level in excess of that authorized shall constitute
a violation of the permit.
2. Planned Changes
The Permittee shall give notice to the Director as soon as possible of any planned physical alterations or additions
to the permitted facility[40 CFR 122.41(1)].Notice is required only when:
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a. The alteration or addition to a permitted facility may meet one of the criteria for new sources at 40 CFR
122.29(b);or
b. The alteration or addition could significantly change the nature or increase the quantity of pollutants
discharged.This notification applies to pollutants subject neither to effluent limitations in the permit,nor to
notification requirements under 40 CFR 122.42(a)(1);or
c. The alteration or addition results in a significant change in the Permittee's sludge use or disposal practices,and
such alteration,addition or change may justify the application of permit conditions that are different from or
absent in the existing permit,including notification of additional use or disposal sites not reported during the
permit application process or not reported pursuant to an approved land application plan.
3. Anticipated Noncompliance
The Permittee shall give advance notice to the Director of any planned changes to the permitted facility or other
activities that might result in noncompliance with the permit[40 CFR 122.41(1)(2)].
4. Transfers
This permit is not transferable to any person without prior written notice to and approval from the Director in
accordance with 40 CFR 122.61.The Director may condition approval in accordance with NCGS 143-215.1,in
particular NCGS 143-215.1(b)(4)b.2.,and may require modification or revocation and reissuance of the permit,or
a minor modification,to identify the new permittee and incorporate such other requirements as may be necessary
under the CWA[40 CFR 122.41(1)(3), 122.61]or state statute.
5. Monitoring Reports
Monitoring results shall be reported at the intervals specified elsewhere in this permit[40 CFR 122.41(1)(4)].
a. Monitoring results must be reported on a Discharge Monitoring Report(DMR)(See Part II.D.2)or forms
provided by the Director for reporting results of monitoring of sludge use or disposal practices.
b. If the Permittee monitors any pollutant more frequently than required by this permit using test procedures
approved under 40 CFR Part 136 and at a sampling location specified in this permit or other appropriate
instrument governing the discharge,the results of such monitoring shall be included in the calculation and
reporting of the data submitted on the DMR.
6. Twenty-four Hour Reporting
a. The Permittee shall report to the Director or the appropriate Regional Office any noncompliance that
potentially threatens public health or the environment.Any information shall be provided orally within 24
hours from the time the Permittee became aware of the circumstances.A written submission shall also be
provided within 5 days of the time the Permittee becomes aware of the circumstances.The written submission
shall contain a description of the noncompliance,and its cause;the period of noncompliance,including exact
dates and times,and if the noncompliance has not been corrected,the anticipated time it is expected to
continue;and steps taken or planned to reduce,eliminate,and prevent reoccurrence of the noncompliance[40
CFR 122.41(1)(6)].
b. The Director may waive the written report on a case-by-case basis for reports under this section if the oral
report has been received within 24 hours.
c. Occurrences outside normal business hours may also be reported to the Division's Emergency Response
personnel at(800)858-0368 or(919)733-3300.
7. Other Noncompliance
The Permittee shall report all instances of noncompliance not reported under Part II.E.5 and 6.of this permit at the
time monitoring reports are submitted.The reports shall contain the information listed in Part II.E.6.of this permit
[40 CFR 122.41(1)(7)].
8. Other Information
Where the Permittee becomes aware that it failed to submit any relevant facts in a permit application,or submitted
incorrect information in a permit application or in any report to the Director,it shall promptly submit such facts or
information[40 CFR 122.41(1)(8)].
9. Noncompliance Notification
The Permittee shall report by telephone to either the central office or the appropriate regional office of the Division
as soon as possible,but in no case more than 24 hours or on the next working day following the occurrence or first
knowledge of the occurrence of any of the following:
a. Any occurrence at the water pollution control facility which results in the discharge of significant amounts of
wastes which are abnormal in quantity or characteristic,such as the dumping of the contents of a sludge
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digester;the known passage of a slug of hazardous substance through the facility;or any other unusual
circumstances.
b. Any process unit failure,due to known or unknown reasons,that render the facility incapable of adequate
wastewater treatment such as mechanical or electrical failures of pumps,aerators,compressors,etc.
c. Any failure of a pumping station,sewer line,or treatment facility resulting in a by-pass without treatment of all
or any portion of the influent to such station or facility.
Persons reporting such occurrences by telephone shall also file a written report within 5 days following first
knowledge of the occurrence.Also see reporting requirements for municipalities in Part IV.C.2.c.of this permit.
10. Availability of Reports
Except for data determined to be confidential under NCGS 143-215.3(a)(2)or Section 308 of the Federal Act,33
USC 1318,all reports prepared in accordance with the terms shall be available for public inspection at the offices
of the Division.As required by the Act,effluent data shall not be considered confidential.Knowingly making any
false statement on any such report may result in the imposition of criminal penalties as provided for in NCGS 143-
215.1(b)(2)or in Section 309 of the Federal Act.
11. Penalties for Falsification of Reports
The CWA provides that any person who knowingly makes any false statement,representation,or certification in
any record or other document submitted or required to be maintained under this permit,including monitoring
reports or reports of compliance or noncompliance shall,upon conviction,be punished by a fine of not more than
$25,000 per violation,or by imprisonment for not more than two years per violation,or by both[40 CFR 122.41].
•
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PART III
OTHER REQUIREMENTS
Section A. Construction
a. The Permittee shall not commence construction of wastewater treatment facilities,nor add to the plant's treatment
capacity,nor change the treatment process(es)utilized at the treatment plant unless(1)the Division has issued an
Authorization to Construct(AtC)permit or(2)the Permittee is exempted from such AtC permit requirements
under Item b.of this Section.
b.. In accordance with NCGS 143-215.1(a5)[SL 2011-394],no permit shall be required to enter into a contract for the
construction,installation,or alteration of any treatment work or disposal system or to construct,install,or alter any
treatment works or disposal system within the State whenthe system's or work's principle function is to conduct,
treat,equalize,neutralize,stabilize,recycle,or dispose of industrial waste or sewage from an industrial facility and
the discharge of the industrial waste or sewage is authorized under a permit issued for the discharge of the
industrial waste or sewage into the waters of the State. Notwithstanding the above,the permit issued for the
discharge may be modified if required by federal regulation.
c. Issuance of an AtC will not occur until Final Plans and Specifications for the proposed construction have been
submitted by the Permittee and approved by the Division.
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 µg/L)for 2,4-dinitrophenol and for 2-methyl-4,6-dinitrophenol;and one milligram per liter(1 mg/L)for
antimony;
(3) Five times the maximum concentration value reported for that pollutant in the permit application.
b. That any activity has occurred or will occur which would result in any discharge,on a non-routine or infrequent
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. Facility Closure Requirements
The Permittee must notify the Division at least 90 days prior to the closure of any wastewater treatment system covered
by this permit.The Division may require specific measures during deactivation of the system to 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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