HomeMy WebLinkAboutNC0003417_Approval_20190605 dap.STATE 4,
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ROY COOPER -
Governor d 44
MICHAEL S.REGAN „r,'r�
Secretaryjot -
LINDA CULPEPPER4•4,9,..easo
Director NORTH CAROLINA
Environmental Quality
June 5, 2019
Mr. Paul Draovitch, Senior Vice President EH&S
Duke Energy Carolinas, LLC
Mail Code: EC13K
P.O. Box 1006
Charlotte, NC 28201-1006
Subject: Final NPDES Permit Renewal
Permit NC0003417
H.F. Lee Energy Complex
Wayne County
Facility Class I
Dear Mr. Draovitch:
Division personnel have reviewed and approved your application for renewal of the subject permit.
Accordingly, we are forwarding the attached NPDES permit. This permit is issued pursuant to the
requirements of North Carolina General Statute 143-215.1 and the Memorandum of Agreement
between North Carolina and the U.S. Environmental Protection Agency dated October 15, 2007
(or as subsequently amended).
In response to your comments received on November 30, 2018 the Division offers the
following responses:
• Remove the flow limit for Outfall 003. The flow limit for Outfall 003 was removed from
the permit.
• Modify the sample type from composite to grab for Phase III —Groundwater Extraction
Outfall 001. The Division is unable to grant this request, this is a new treatment system
and the facility is able to incorporate composite sampling.
• The Division verified with the Neuse River Water and Sewer Authority that the phone
number listed in the permit for reporting any releases is the correct phone number.
• Modify the sample type for flow from "pump logs" to "estimate" for outfalls 002 and
002A. The sample type was modified in the permit.
• Remove the reference for sanitary waste from Outfall 002. The list of wastewaters
contributing to Outfall 002 was modified to delete sanitary wastewater.
• Correct the upstream instream sampling location. The upstream location was modified to
the bridge on Ferry Bridge Road.
D_EQ
North Carolina Departttseer of EtMro rnemii Qualls I Division of water Resources
512 North Salbbury Street 11617Mad Senfice Center Ra1Hgh.North Carolina 2?699 lol I
The Division made the following additional changes to the Draft Permit and the Fact Sheet:
• The following statement was added to the Fact Sheet to reflect the current status of the
facility: "The decanting of the ash pond water has been completed."
• The sample type for Conditions A. (1.), A. (2.), and A. (3.)was changed from"Pump
Logs or estimate"to "Pump Logs"to increase accuracy of the discharge data.
• The monitoring frequency for Total Arsenic, Total Selenium, and Total Lead was
increased to Weekly from Monthly for Condition A. (3.)to better evaluate impact of the
groundwater discharge on the receiving stream.
• A new requirement to discontinue discharge if the concentration of the indicator
pollutants reaches high level was added to Condition A. (3.)to better protect the
receiving stream.
The final permit maintains the following significant changes identified in the letter sent on
October 30,2018:
• Outfalls for seeps and the special condition addressing the discharge from seepage were
eliminated. Seeps will be addresses through Special Order by Consent EMC'SOC WQ.S 18-
006.
• The Effluent and Monitoring Requirements for Phase III for Outfall 001 were modified to
reflect changes in wastewaters to be discharged. Phase III will consist of treated
groundwater discharge.
• Effluent and Monitoring Requirements for Outfall 001 (decanting and dewatering)were
modified to add monitoring for chromium, lead, cadmium, copper,zinc and TDS.
• Added a footnote to outfall 002 and.002A to allow the facility to discontinue sampling
under unsafe conditions.
• Removed monitoring and limits for BOD and fecal coliform from outfall 002 as the
wastewater treatment system for domestic wastewaters is no longer in operation.
Footnotes addressing domestic wastewater and the special condition addressing Domestic
Wastewater Treatment Plant requirements were removed from the draft permit.
• Outfall 004 was added to the permit for the discharge of treated wastewater from the
proposed coal ash beneficiation facility.
• Instream sampling special condition was modified to require monthly sampling.
• Clean. Water Act 316(b) special condition was modified to require the submittal of
materials required by the 316(b) rule by 3.5 years from the issuance of the permit and to
add language stating that the Division determined that operating and maintaining the
existing closed-cycle recirculating system meets the requirements for an interim BTA.
• A footnote was added for the decanting and dewatering effluent pages that requires the
facility to discontinue the discharge if pollutant levels reach 85% of the allowable levels
and'to report the event to the Division.
• Ash Pond Working Capacity Special Condition was removed as is no longer applicable.
If any parts, measurement frequencies or sampling requirements contained in this permit are
unacceptable to you, you have the right to an adjudicatory hearing upon written request within
thirty (30) days following receipt of this letter. This request must be in the form of a written
petition, conforming to Chapter 150B of the North Carolina General Statutes, and filed with the
Page2of3
Office of Administrative Hearings (6714 Mail Service Center, Raleigh, North Carolina 27699-
6714). Unless such demand is made,this decision shall be final and binding.
Please note that this permit is not transferable except after notice to the Division. The Division
may require modification or revocation and reissuance of the permit. This permit does not affect
the legal requirements to obtain other permits which may be required by the Division of Water
Resources or any other Federal, State, or Local governmental regulations.
If you have any questions concerning this permit, please contact Sergei Chernikov at (919) 707-
3606 or via email at sergei.chernikov@ncdenr.gov.
Sincerely,
Linda Culpepper, Director
Division of Water Resources,NCDEQ
Hardcopy: NPDES Files
Central Files
E-copy: DWR/Washington Regional Office/Water Quality
US EPA Region 4
DWR/Aquatic Toxicology Branch/Susan Meadows
Page 3 of 3
Permit NC000341 7
STATE OF NORTH CAROLINA
DEPARTMENT OF ENVIRONMENTAL QUALITY
DIVISION OF WATER RESOURCES
PERMIT
TO DISCHARGE WASTEWATER UNDER THE
NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM
In compliance with the 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,
Duke Energy Progress, LLC
is hereby authorized to discharge wastewater from a facility located at
H.F. Lee Energy Complex
1199 Black Jack Church Road
Goldsboro, North Carolina
Wayne County
to receiving waters designated as the Neuse River in the Neuse River Basin
in accordance with effluent limitations, monitoring requirements, and other applicable
conditions set forth in Parts I, II, and III hereof.
The permit shall become effective July 1, 2019.
This permit and the authorization to discharge shall expire at midnight on March 31, 2024.
Signed this day June 5, 2019.
Linda Culpepper, Director
Division of Water Resources
By Authority of the Environmental Management Commission
Page 1 of 26
Permit NC000341 7
SUPPLEMENT TO PERMIT COVER SHEET
All previous NPDES Permits issued to this facility, whether for operation or discharge are hereby
revoked. As of this permit issuance, any previously issued permit bearing this number is no longer
effective. Therefore;the exclusive authority to operate and discharge from this facility arises under
the permit conditions, requirements, terms, and provisions included herein.
Duke Energy Progress, LLC.
is hereby authorized to:
1. Continue to discharge the following treated wastestreams from the H. F. Lee Energy
Complex located at 1199 Black Jack Church Road, Goldsboro, Wayne County:
• Outfall 001 -Active Ash Basin - 2.16 MGD
No process wastewaters are discharged to Outfall 001.
o Ash Pond Decant, Phase I
o Ash Pond Dewatering and Groundwater Extraction, Phase II
o Ash Pond Groundwater Extraction, Phase III
• Outfall 002 and 002A - Cooling Pond- No Flow Limit
The facility uses an existing 545 acre closed-cycle cooling pond with baffled dikes to
treat recirculating condenser cooling and process water.
o Recirculated condenser cooling water (-369 MGD)
o Lee Combined Cycle Plant Site wastewaters:
o Cooling tower blowdown from the Wet Surface Air Cooler and the combined
cycle Heat Recovery Steam Generator (HRSG),
o Wayne County Combustion Turbine Site wastewaters from the sump lift
station,
o Wayne County Combustion Reverse osmosis reject wastewaters from the
water treatment plant and RO cleaning wastewaters
o Filter plant wastewaters
o Low volume Wastewaters
o Stormwater from drains and Combustion Turbine Site secondary containment
and fuel forwarding area
o Equipment and containment drains and wash waters
o Miscellaneous wastewaters as described in the application -
o Coal pile runoff(ceased)
o Outfall 002A- additional outfall to be used only during severe weather or
required maintenance
No metal cleaning wastes shall be discharged to Outfall 002 or Outfall 002A.
Page 2 of 26
Permit NC000341 7
• Outfall 003 - Lee Combined Cycle Plant Site Wastewaters (Optional)- No Flow Limit
o Lee Combined Cycle Plant Site wastewaters:
o Cooling tower blowdown from the Wet Surface Air Cooler and the combined
cycle Heat Recovery Steam Generator (HRSG),
o Wayne County Combustion Turbine Site wastewaters from the sump lift
station,
o Wayne County Combustion Reverse osmosis reject wastewaters from the
water treatment plant and RO cleaning wastewaters
o Filter plant wastewaters
o Equipment and containment drains and wash waters
No metal cleaning wastes shall be discharged to Outfall 003.
• Outfall 004 - Coal Ash Beneficiation Plant- No Flow Limit
The facility shall treat wastewater discharged from the beneficiation plant in a
retention pond and an oil/water separator.
Beneficiation Plant wastewaters:
• o Truck wash water
o Dust suppression water
o Stormwater
The effluent from the Coal Ash Beneficiation Plant can be discharged to the Neuse
River via Outfall 004 or to the Cooling Pond (Outfall 002).
2. Discharge from said treatment works via Outfalls 001, Outfalls 002 and 002A,
Outfall 003 and Outfall 004, into the Neuse River, a Class WS-IV; NSW water in the
Neuse River Basin, at the locations specified on the attached map.
•
Page 3 of 26
Permit NC0003417
Part I
A. (1.) EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS (Phase I-Ash
Pond Decant-Outfall 001) [15A NCAC 02B .0400 et seq., 02B .0500 et seq.]
During the period beginning on the effective date of this permit and lasting until commencement
of dewatering, or expiration, the permittee is authorized to discharge effluent from Outfall 001
(decanting the free water above the settled ash layer that does not involve mechanical
disturbance of the ash). Such discharges shall be limited and monitored' by the permittee as
specified below:
EFFLUENT LIMITS MONITORING REQUIREMENTS
CHARACTERISTICS Monthly Daily Measurement Sample Sample
Average Maximum Frequency Type Location
Flow, MGD 2.16 Daily Pump Logs Effluent
pH3 6.0 s pH s 9.0 2/Month Grab Effluent
Total Suspended Solids4 30.0 mg/L 100.0 mg/L 2/Month Grab Effluent
Oil and Grease 15.0 mg/L 20.0 mg/L 2/Month Grab Effluent
Total Kjeldahl Nitrogen Monthly Grab Effluent
(TKN), mg/L
Total Nitrogen (TN), mg/L Monthly Calculated Effluent
TN = (NO2 + NO3) + TKN
Monitor& Report (lbs/month) Monthly Calculated
TN Load 5 Effluent
Monitor & Report (lbs/year) Annually Calculated
Total Phosphorus, mg/L Monthly Grab Effluent
Chronic Toxicity6 Monthly Grab Effluent
Turbidity7, NTU Monthly Grab Effluent
Total Hardness, mg/L Monthly Grab Effluent
[CaCO3]
Total Arsenic, pg/L Weekly Grab Effluent
Total Mercury8, ng/L Weekly Grab Effluent
Total Selenium, µg/L Weekly Grab Effluent
Total Chromium, µg/L Monthly Grab Effluent
Total Lead, µg/L Monthly Grab Effluent
Total Cadmium, µg/L Monthly Grab Effluent
Total Copper, µg/L Monthly Grab Effluent
Total Zinc, µg/L Monthly Grab Effluent
TDS, mg/L Monthly Grab Effluent
Nitrate/nitrite as N, mg/L Monthly Grab Effluent
Notes:
1. The permittee shall submit Discharge Monitoring Reports electronically using NC DWR's
eDMR application system. Please See Special Condition A. (25.).
2. Effluent sampling shall be conducted at the discharge from the ash settling pond prior to
mixing with any other waste stream.
3. The facility shall continuously monitor pH when the decanting process commences and the
decanting pump shall be shutoff automatically when 15 minutes running average pH falls
below 6.1 standard units or rises above 8.9 standard units. Pumping will be allowed to
continue after the pH issue has been resolved or if interruption might result in a dam failure
or damage.
4. The facility shall continuously monitor TSS concentration when the decanting process
commences, and the pump shall be shutoff automatically when one half of the Daily
Page 4 of 26
Permit NC0003417
•
Maximum limit (15 minutes average) is exceeded. Pumping will be allowed to continue after
the TSS issue has been resolved or if interruption might result in a dam failure or damage.
Continuous TSS monitoring is only required when the pumps are employed.
5. See Special Condition A. (12.) Total Nitrogen Calculations
6. Chronic Toxicity (Ceriodaphnia) at 1.3%; Monthly; see Special Condition A (9).
7. The discharge from this facility shall not cause turbidity in the receiving stream to exceed 50
NTU. If the instream turbidity exceeds 50 NTU due to natural background conditions, the
discharge cannot cause turbidity to increase in the receiving stream. Therefore, if the effluent
measurement exceeds 50 NTU, the Permittee shall sample upstream and downstream
turbidity in the receiving waterbody, within 24 hours, to demonstrate the existing turbidity
level in the receiving waterbody was not increased. All data shall be reported on the DMRs.
(See 15A NCAC 2B .0211 (21)). NTU - Nephelometric Turbidity Unit.
8. The facility shall use EPA method 1631E.
a. When the facility commences the ash pond/ponds decanting/dewatering, the facility shall
treat the wastewater discharged from the ash pond using physical-chemical treatment, if
necessary, to assure state Water Quality Standards are not contravened in the receiving
stream. Duke Energy shall notify DWR NPDES Permitting and DWR Washington Regional
Office, in writing, within seven calendar days of installing additional physical-chemical
treatment at this Outfall.
b. The facility is allowed to drawdown the wastewater in the ash pond to no less than three
feet above the ash.
c. The rate for lowering the liquid level in a coal ash pond shall not exceed one (1) foot per
day unless a higher rate is supported to the satisfaction of DEMLR and in accordance with
NCAC, Title 15A, Subchapter 2K.
d. The facility shall use a floating pump station with free water skimmed from the basin
surface using an adjustable weir.
e. The limits and conditions in Section A. (2.) of the permit apply when water in the ash
settling basin is lowered below the three feet trigger mark.
f. The facility shall notify DWR NPDES Permitting Unit and DWR Washington Regional
Office, in writing, seven calendar days prior to the commencement of the dewatering.
g. If any one of these pollutants (As, Se, and Hg) reaches 85% of the allowable level during
decanting/dewatering, the facility shall immediately discontinue discharge from the
decanting/dewatering operations and report the event to the Washington Regional Office
and Complex NPDES Permitting Branch via telephone and e-mail.
There shall be no discharge of floating solids or visible foam in other than trace amounts.
There shall be no discharge of polychlorinated biphenyls (PCBs).
This facility is currently classified as "non-nutrient bearing".
Page 5 of 26
Permit NC0003417
A. (2.) EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS (Phase II-Ash
Pond Dewatering and Groundwater Extraction-Outfall 001) [15A NCAC 02B .0400 et seq., 02B
.0500 et seq.]
During the period beginning on the commencement date of the dewatering operation and lasting
until completion of dewatering or expiration, the Permittee is authorized to discharge treated
effluent from Outfall 001 (ash pond dewatering or ash pond dewatering and groundwater
extraction from remediation wells). Such discharges shall be limited and monitored' by the
permittee as specified below:
EFFLUENT LIMITS - MONITORING REQUIREMENTS
CHARACTERISTICS Monthly Daily Measurement Sample Sample
Average Maximum Frequency Type Location
Flow 2.16 MGD Weekly Pump Logs Effluent
pH3 6.0 s pH s 9.0 Weekly Grab Effluent
Total Suspended Solids4 30.0 mg/L 100.0 mg/L Weekly Grab Effluent
Oil and Grease 15.0 mg/L 20.0 mg/L Weekly Grab Effluent
Total Kjeldahl Nitrogen
(TKN), mg/L Monthly Grab Effluent
Total Nitrogen (TN), mg/L Monthly Calculated Effluent
TN = (NO2 + NO3) + TKN
TN Loads Monitor& Report (lbs/month) Monthly Calculated Effluent
Monitor&Report (lbs/year) Annually Calculated
Total Phosphorus, mg/L Monthly Grab Effluent
Chronic Toxicityb Monthly Grab Effluent
Turbidity7, NTU Weekly Grab Effluent
Total Hardness, mg/L Weekly Grab Effluent
[CaCO3]
Total Arsenic, µg/L 3295 µg/L 21994 pg/L Weekly Grab Effluent
Total Mercury8, ng/L Weekly Grab Effluent
Total Selenium, µg/L Weekly Grab Effluent
Total Chromium, µg/L Weekly Grab Effluent
Total Lead, µg/L Weekly Grab Effluent
Total Cadmium, µg/L Weekly Grab Effluent
Total Copper, µg/L Weekly Grab Effluent
Total Zinc, µg/L Weekly Grab Effluent
TDS, mg/L Weekly Grab Effluent
Nitrate/nitrite as N, mg/L Weekly Grab Effluent
Notes:
1. The permittee shall submit Discharge Monitoring Reports electronically using NC DWR's eDMR
application system. Please See Special Condition A. (25.).
2. Effluent sampling shall be conducted at the discharge from the ash settling pond prior to
mixing with any other waste stream.
3. The facility shall continuously monitor pH when the dewatering process commences and the
dewatering pump shall be shutoff automatically when 15 minutes running average pH falls below
6.1 standard units or rises above 8.9 standard units. Pumping will be allowed to continue after
the pH issue has been resolved or if interruption might result in a dank failure or damage.
4. The facility shall continuously monitor TSS concentration when the dewatering process
commences, and the dewatering pump shall be shutoff automatically when one half of the Daily
Maximum limit (15 minutes average) is exceeded. Pumping will be allowed to continue after the
Page 6 of 26
Permit NC000341 7
TSS issue has been resolved or if interruption might result in a dam failure or damage.
Continuous TSS monitoring is only required when the pumps are employed.
5. See Special Condition A. (12.) Total Nitrogen Calculations
6. Chronic Toxicity (Ceriodaphnia) at 1.3%; Monthly; see Special Condition A (9).
7. The discharge from this facility shall not cause turbidity in the receiving stream to exceed 50
NTU. If the instream turbidity exceeds 50 NTU due to natural background conditions, the
discharge cannot cause turbidity to increase in the receiving stream. Therefore, if the effluent
measurement exceeds 50 NTU, the Permittee shall sample upstream and downstream turbidity in
the receiving waterbody, within 24 hours, to demonstrate the existing turbidity level in the
receiving waterbody was not increased. All data shall be reported on the DMRs. (See 15A NCAC
2B .0211 (21)). NTU - Nephelometric Turbidity Unit
8. The facility shall use EPA method 1631E.
a. The rate for lowering the liquid level in a coal ash pond shall not exceed one (1) foot per
day unless a higher rate is supported to the satisfaction of DEMLR and in accordance with
NCAC, Title 15A, Subchapter 2K.
b. The facility shall use a floating pump station with free water skimmed from the basin
surface using an adjustable weir.
c. When the facility commences-the ash pond/ponds decanting/dewatering, the facility shall
treat the wastewater discharged from the ash pond using physical-chemical treatment, if
necessary, to assure state Water Quality Standards are not contravened in the receiving
stream. Duke Energy shall notify DWR NPDES Permitting and DWR Washington Regional
Office, in writing, within seven calendar days of installing additional physical-chemical
treatment at this Outfall.
d. If any one of these pollutants (As, Se, and Hg) reaches 85% of the allowable levels during
decanting/dewatering, the facility shall immediately discontinue discharge from the
decanting/dewatering operations and report the event to the Washington Regional Office
and Complex NPDES Permitting Branch via telephone and e-mail.
e. When pond dewatering has finished and the discharge primarily consists of treated
groundwater extraction and remediation wastewater, Duke Energy shall sample and
submit a completed EPA Form 2C for Outfall 001 as soon as practicable, but no later than
180 days from the commencement of groundwater remediation discharges through Outfall
001.
There shall be no discharge of floating solids or visible foam in other than trace amounts.
There shall be no discharge of polychlorinated biphenyls (PCBs).
This facility is currently classified as "non-nutrient bearing".
Page7of26
Permit NC0003417
A. (3.) EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS (Phase III -
Groundwater Extraction - Outfall 001) [15A NCAC 02B .0400 et seq., 02B .0500
et seq.]
During the period when ash pond dewatering has finished and beginning on the commencement
date of only groundwater remediation discharge and lasting until expiration, the Permittee is
authorized to discharge treated effluent from Outfall 001 (consisting of groundwater
extraction from remediation wells). Such discharges shall be limited and monitored' by the
permittee as specified below:
EFFLUENT LIMITS MONITORING REQUIREMENTS
Daily Measurement Sample Sample
CHARACTERISTICS Monthly
Average Maximum Frequency Type Location
Flow 1.8 MGD Weekly Pump Logs Effluent
pH 6.0 s pH s 9.0 2/ Month Grab Effluent
Total Kjeldahl Nitrogen
(TKN), mg/L Monthly Composite Effluent
Total Nitrogen (TN), mg/L Monthly Calculated Effluent
TN = (NO2 + NO3) + TKN
TN Load3 Monitor & Report (lbs/month) Monthly Calculated Effluent
Monitor & Report (lbs/year) Annually Calculated
Total Phosphorus, mg/L Monthly Composite Effluent
Chronic Toxicity4 Monthly Composite Effluent
Turbidity5, NTU - Monthly Grab Effluent
Total Hardness, mg/L Monthly Composite Effluent
[CaCO3]
Total Arsenic, µg/L Weekly Composite Effluent
Total Cadmium, µg/L Monthly Composite Effluent
Total Copper, µg/L Monthly Composite Effluent
Total Lead, pg/L Weekly Composite Effluent
Total Mercury6, ng/L Monthly Grab Effluent
Total Barium, mg/L Monthly Composite Effluent
Total Selenium, µg/L Weekly Composite Effluent
Nitrate/nitrite as N, mg/L Monthly Composite Effluent
Notes:
1. The permittee shall submit Discharge Monitoring Reports electronically using NC DWR's eDMR
application system. Please See Special Condition A. (25.).
2. Effluent sampling shall be conducted at the discharge from the Wastewater Treatment System
prior to mixing with any other waste stream.
3. See Special Condition A. (12.) Total Nitrogen Calculations
4. . Chronic Toxicity (Ceriodaphnia) at 1.0 %; Monthly; see Special Condition A (9). .
5. The net turbidity shall not exceed 50 NTU using a grab sample and measured by the difference
between the effluent turbidity and the background turbidity. The sample for the background
turbidity shall be taken at point in the receiving waterbody upstream of the discharge location,
and the background turbidity and the effluent turbidity samples shall be taken within the same
24 hour period.
NTU - Nephelometric Turbidity Unit.
6. The facility shall use EPA method 1631E.
a. When pond dewatering has finished and the discharge primarily consists of treated
groundwater extraction and remediation wastewater, Duke Energy shall sample and
Page 8 of 26
Permit NC0003417
submit a completed EPA Form 2C for Outfall 001 as soon as practicable, but no later than
180 days from the commencement of groundwater remediation discharges through Outfall
001.
b. If any one of these pollutants (As, Se, and Hg) reaches 85% of the allowable levels during
decanting/dewatering, the facility shall immediately discontinue discharge from the
decanting/dewatering operations and report the event to the Washington Regional Office
and Complex NPDES Permitting Branch via telephone and e-mail.
There shall be no discharge of floating solids or visible foam in other than trace amounts.
A. (4.) EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS (COOLING
POND - OUTFALL 002) [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 treated effluent from Outfall 002 (consisting primarily of
recirculated condenser cooling water, low volume wastes, cooling tower blowdown, combustion
turbine site wastewaters, reverse osmosis reject wastewaters, filter plant wastewaters, storm
water, coal pile runoff(ceased) and equipment wash waters). Such discharges shall be limited
and monitored) by the permittee as specified below:
EFFLUENT LIMITS - MONITORING REQUIREMENTS
CHARACTERISTICS Monthly Daily Measurement Sample Sample
Average Maximum Frequency Type Location
Flow, MGD2 Each Event Estimate Outfall Structure
Temperature3 32.0 °C Each Event Grab Outfall Structure
Total Suspended Solids 30.0 mg/L 50.0 mg/L Each Event Grab Outfall Structure
Oil and Grease , 15.0 mg/L 20.0 mg/L Each Event Grab Outfall Structure
pH 6.0 <_ pH 9.0 - Each Event Grab Outfall Structure
Total Residual Chlorine4 28.0 µg/L Each Event Grab Outfall Structure
Free Available Chlorine4 200 µg/L 500 µg/L Each Event Grab Outfall Structure
Fluoride, mg/L Each Event Grab Outfall Structure
Total Hardness, mg/L
[CaCO3] Each Event Grab Outfall Structure
Total Arsenic µg/L, Each Event Grab Outfall Structure
Total Chromium 200 µg/L 200 µg/L Each Event Grab Outfall Structure
Total Zinc 1000 µg/L 1000 µg/L Each Event Grab Outfall Structure
Total Lead, µg/L Each Event Grab Outfall Structure
Total Mercury5, ng/L Each Event Grab Outfall Structure
Total Molybdenum, µg/L 1313,7347 13,734 µg/L Each Event Grab Outfall Structure
Acute Episodic Toxicity6 See A. (10.) Grab Outfall Structure
The 126 Priority
Pollutants (40 CFR Part
423, Appendix A) No Detectable Amount Each Event Grab Outfall Structure
Exclusive of Zinc and
Chromium?
Notes:
1. The permittee shall submit Discharge Monitoring Reports electronically using NC DWR's eDMR
application system. Please See Special Condition A. (25.).
Page 9 of 26
Permit NC0003417
2. This discharge is permitted only in the following cases: a) caused by extreme rainfall; b) where
unavoidable to prevent loss of life, severe property damage, or damage to the cooling pond
structure; or c) for necessary maintenance activities. In the event that a,discharge occurs, the
permittee shall inform the Washington Regional Office (252-946-6481) and the Neuse River Water
and Sewer Authority (252-522-2567) by telephone as soon as possible, but in no case later than
48 hours after the discharge occurs. The permittee shall also provide the following information,
in writing, to the Division within 10 days of the discharge: a) a description and cause of the
discharge; b) the duration of the discharge, including time and dates, anticipated time the
discharge is expected to continue, and steps being taken to reduce, prevent, and eliminate
reoccurrence of the discharge. The permittee shall take all reasonable steps necessary to
minimize any adverse impact to navigable waters resulting from the discharge, including such
monitoring as necessary to determine the environmental impact of the discharge.
3. As a result of this discharge, the temperature of the receiving water shall not be increased by
more than 2.8°C above ambient water temperature and in no case exceed 32°C.
4. Monitoring requirement for total residual chlorine applies only when chlorine is added to the
recirculating condenser cooling or process water discharged to the pond. Neither free available
chlorine nor total residual chorine may be discharged from any single generating unit for more
than two hours per day, unless the Permittee demonstrates to the Division that discharge for
more than two hours is required for macroinvertebrate control. The 500 µg/L is a daily
maximum limitation and is to be measured during the chlorine release period. The 200 µg/L
limitation is an average during the chlorine release period. Monitoring is required only when
chlorine is added to the cooling water system.
5. The facility shall use EPA method 1631E.
6. Acute Episodic Toxicity (Fathead Minnow 24-hr); LC50; see Special Condition A. (10).
7. These limitations and monitoring requirements apply if these substances are added by the
Permittee for cooling tower maintenance. There shall be no detectable amounts of the_126
priority pollutants (40 CFR 423 Appendix A) contained in chemicals added for cooling tower
except for total chromium and total zinc. Compliance with the limitations for the 126 priority
pollutants in 40 CFR Section 423.13(d)(1) may be determined by engineering calculations which
demonstrate that the regulated pollutants are not detectable in the final discharge by the
analytical methods in 40 CFR Part 136.
a. The permittee shall obtain authorization from the Division of Water Resources prior to
using any biocide in the cooling water; see condition A. (16).
b. In accordance with 15A NCAC 2B .0505 (c)(4), sampling may be discontinued when flow
conditions or extreme weather conditions could result in injury or death of the person(s)
collecting samples. In such cases, on each day that sampling is discontinued, written
justification for the discontinuance shall be specified in the monitoring report for the
month in which the event occurred.
There shall be no discharge of polychlorinated biphenyls (PCBs).
There shall be no discharge of metal cleaning wastes.
There shall be no discharge of floating solids or foam visible in other than trace amounts.
Page 10 of 26
Permit NC000341 7
A. (5.) EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS (Cooling
Pond - Outfall 002A) [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 treated effluent from Outfall 002A only during severe
weather events or required maintenance (this wastewater primarily consists of recirculated
condenser cooling water, low volume wastes, cooling tower blowdown, combustion turbine site
wastewaters, reverse osmosis reject wastewaters, filter plant wastewaters, storm water, and
equipment wash waters). Such discharges shall be limited and monitored' by the permittee as
specified below:
EFFLUENT LIMITS MONITORING REQUIREMENTS
CHARACTERISTICS Monthly Daily Measurement Sample Sample
Average Maximum Frequency Type Location
Flow, MGD2 Each Event Estimate Outfall Structure
Temperature3 32.0 °C Each Event Grab Outfall Structure
Total Suspended Solids 30.0 mg/L 50.0 mg/L Each Event Grab Outfall Structure
Oil and Grease 15.0 mg/L , 20.0 mg/L Each Event Grab Outfall Structure
pH 6.0 s pH < 9.0 Each Event Grab Outfall Structure
Total Residual Chlorine4 28.0 µg/L Each Event Grab Outfall Structure
Free Available Chlorine4 200 µg/L 500 µg/L Each Event Grab Outfall Structure
Fluoride, mg/L Each Event Grab Outfall Structure
Total Hardness, mg/L
[CaCO3] Each Event Grab Outfall Structure
Total Arsenic µg/L, Each Event Grab Outfall Structure
Total Chromium 200 µg/L 200 µg/L Each Event Grab Outfall Structure
Total Zinc 1000 µg/L 1000 µg/L Each Event Grab Outfall Structure
Total Lead, µg/L Each Event Grab Outfall Structure
Total Mercury5, ng/L Each Event Grab Outfall Structure
Total Molybdenum, µg/L 13,734 13,734 Each Event Grab Outfall Structure
µg/L lug/L
Acute Episodic Toxicity6 See A. (10.) Grab Outfall Structure
Notes:
1. The permittee shall submit Discharge Monitoring Reports electronically using NC DWR's eDMR
application system. Please See Special Condition A. (25.).
2. This discharge is permitted only in the following cases: a) caused by extreme rainfall; b) where
unavoidable to prevent loss of life, severe property damage, or damage to the cooling pond
structure; or c) for necessary maintenance activities. In the event that a discharge occurs, the
permittee shall inform the Washington Regional Office (252-946-6481) by telephone as soon as
possible, but in no case later than 48 hours after the discharge occurs. The permittee shall also
provide the following information, in writing, to the Division within 10 days of the discharge: a) a
description and cause of the discharge; b) the duration of the discharge, including time and
dates, anticipated time the discharge is expected to continue, and steps being taken to reduce,
prevent, and eliminate reoccurrence of the discharge. The permittee shall take all reasonable
steps necessary to minimize any adverse impact to navigable waters resulting from the discharge,
_including such monitoring as necessary to determine the environmental impact of the discharge.
3. As a result of this discharge, the temperature of the receiving water shall not be increased by
more than 2.8°C above ambient water temperature and in no case exceed 32°C.
4. Monitoring requirement for total residual chlorine applies only when chlorine is added to the
recirculating condenser cooling or process water discharged to the pond. Neither free available
Page 11 of 26
Permit NC0003417
chlorine nor total residual chorine may be discharged from any single generating unit for more
than two hours per day, unless the Permittee demonstrates to the Division that discharge for
more than two hours is required for macroinvertebrate control. The 500 µg/L is a daily
maximum limitation and is to be measured during the chlorine release period. The 200 µg/L
limitation is an average during the chlorine release period. Monitoring is required only when
chlorine is added to the cooling water system.
5. The facility shall use EPA method 1631E.
6. Acute Episodic Toxicity (Fathead Minnow 24-hr); LC50; see Special Condition A. (10).
a. The permittee shall obtain authorization from the Division of Water Resources prior to
using any biocide in the cooling water; see condition A. (16).
b. In accordance with 15A NCAC 2B .0505 (c)(4), sampling may be discontinued when flow
conditions or extreme weather conditions could result in injury or death of the person(s)
collecting samples. In such cases, on each day that sampling is discontinued, written
justification for the discontinuance shall be specified in the monitoring report for the
month in which the event occurred.
There shall be no discharge of polychlorinated biphenyls (PCBs).
There shall be no discharge of metal cleaning wastes.
There shall be no discharge of floating solids or foam visible in other than trace amounts.
Page 12 of 26
Permit NC000341 7
A. (6.) EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS (Wastewater
Pond—Outfall 003) [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 filter plant wastewaters,equipment and containment drains,
reverse osmosis reject and filter backwash, quenched heat recovery steam generator blowdown,
combustion turbine wash waters, and equipment wash water from Outfall 003. Such discharges
shall be limited and monitored' by the permittee as specified below:
EFFLUENT LIMITS MONITORING REQUIREMENTS
CHARACTERISTICS Monthly Daily Measurement Sample Sample
Average Maximum Frequency Type Location
Flow, MGD Daily Pump Logs Effluent
Temperature2 32.0 °C 2/ Month Grab Effluent
Total Suspended Solids 30.0 mg/L 100.0 mg/L 2/ Month Composite Effluent
Oil and Grease 15.0 mg/L 20.0 mg/L 2/ Month Grab Effluent
pH 6.0 <_ pH s 9.0 2/ Month Grab Effluent
Total Residual Chlorine3 28.0 µg/L 2/ Month Grab Effluent
Free Available Chlorine3 200 µg/L 500 µg/L 2/ Month Grab Effluent
Fluoride, mg/L Quarterly Grab Effluent
Total Hardness, mg/L Quarterly Composite Effluent
[CaCO3]
Total Arsenic µg/L, Quarterly Composite Effluent
Total Chromium 200 µg/L 200 µg/L Monthly Composite Effluent
Total Zinc 1000 µg/L 1000 pg/L Monthly Composite Effluent
Turbidity5, NTU Monthly Grab Effluent
Total Lead, µg/L Quarterly Composite Effluent
Total Mercury'', ng/L Quarterly Grab Effluent
Total Molybdenum, µg/L Quarterly Composite Effluent
Total Selenium, µg/L Quarterly Composite Effluent
Acute Toxicity6 See A.(11.) Composite Effluent
The 126 Priority
Pollutants (40 CFR Part
423, Appendix A) No Detectable Amount Annual 40 CFR 136 Effluent
Exclusive of Zinc and
Chromium?
Notes:
1. The permittee shall submit Discharge Monitoring Reports electronically using NC DWR's eDMR
application system. Please See Special Condition A. (25.).
2. As a result of this discharge, the temperature of the receiving water shall not be increased by
more than 2.8°C above ambient water temperature and in no case exceed 32°C.
3. Monitoring requirement for total residual chlorine applies only when chlorine is added to the
blowdown or process water discharged to the pond. Neither free available chlorine nor total
residual chorine may be discharged from any single generating unit for more than two hours
per day, unless the Permittee demonstrates to the Division that discharge for more than two
hours is required for macroinvertebrate control. The 500 µg/L is a daily maximum limitation
and is to be measured during the chlorine release period. The 200 µg/L limitation is an
average during the chlorine release period. Monitoring is required only when chlorine is
added to the cooling water system.
Page 13 of 26
Permit NC000341 7
4. The facility shall use EPA method 1631E.
5. The discharge from this facility shall not cause turbidity in the receiving stream to exceed 50 NTU. If the
instream turbidity exceeds 50 NTU due to natural background conditions, the discharge cannot cause
turbidity to increase in the receiving stream. Therefore, if the effluent measurement exceeds 50 NTU, the
Permittee shall sample upstream and downstream turbidity in the receiving waterbody,within 24 hours,to
demonstrate the existing turbidity level in the receiving waterbody was not increased. All data shall be
reported on the DMRs. (See 15A NCAC 2B.0211 (21)). NTU-Nephelometric Turbidity Unit
6. Acute Episodic Toxicity (Fathead Minnow 24-hr); LC50; see Special Condition A. (11).
7. These limitations and monitoring requirements apply if these substances are added by the
Permittee for cooling tower maintenance. There shall be no detectable amounts of the 126
priority pollutants (40 CFR 423 Appendix A) contained in chemicals added for cooling tower
except for total chromium and total zinc. Compliance with the limitations for the 126 priority
pollutants in 40 CFR Section 423.13(d)(1) may be determined by engineering calculations which
demonstrate that the regulated pollutants are not detectable in the final discharge by the '
analytical methods in 40 CFR Part'136.
a. The permittee shall obtain authorization from the Division of Water Resources prior to
using any biocide in the cooling water; see condition A. (16.).
b. When wastewater discharges to Outfa11 003 commence, Duke Energy shall sample and
submit a completed EPA Form 2C for Outfall 003 as soon as practicable, but no later than
180 days from the commencement of discharge through Outfall 003.
There shall be no discharge of polychlorinated biphenyls (PCBs).
There shall be no discharge of metal cleaning wastes.
There shall be no discharge of floating solids or foam visible in other than trace amounts.
Page 14 of 26
Permit NC000341 7
A. (7.) EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS (Coal Ash
Beneficiation Plant - OUTFALL 004) [15A NCAC 02B .0400 et seq., 02B .0500 et
seq.]
During the period beginning on the commencement date of the beneficiation plant operations and
lasting until expiration, the Permittee is authorized to discharge from Outfall 004- Coal Ash
Beneficiation Plant discharge. Such discharges shall be limited and monitored' by the Permittee as
specified below:
EFFLUENT LIMITS MONITORING REQUIREMENTS
CHARACTERISTICS
Monthly • Daily Measurement Sample Sample
Average Maximum Frequency Type Location
Flow, MGD Daily Estimate Effluent
pH 6.0 to 9.0 S.U. Monthly Grab Effluent
TSS 30.0 mg/L 50.0 mg/L Monthly Grab Effluent
Oil and Grease 15.0 mg/L 20.0 mg/L Monthly Grab Effluent
Total Dissolved Solids, Monthly Grab Effluent
mg/L '
Chlorides, mg/L Monthly Grab Effluent
Sulfates, mg/L Monthly Grab Effluent
Total Hardness, mg/L as Monthly Grab Effluent
CaCO3
Total Arsenic, µg/L Monthly Grab Effluent
Total Selenium, µg/L Monthly Grab Effluent
Total Copper, µg/L Monthly Grab Effluent
Total Lead, pg/L Monthly Grab Effluent
Total Nickel, µg/L Monthly Grab Effluent
Total Mercury2 47 ng/L (annual average Monthly Grab Effluent
limit)
Total Thallium, µg/L Monthly Grab Effluent
Total Zinc, µg/L Monthly Grab Effluent
Acute Toxicity3 Monthly Grab Effluent
Notes:
1. The permittee shall submit Discharge Monitoring Reports electronically using NC DWR's eDMR
application system. Please See Special Condition A. (25.).
2. The facility shall use EPA method 1631E.
3. Acute Toxicity (Fathead Minnow 24-hr); LC50; see Special Condition A. (11).
a. When the coal ash beneficiation discharge and treatment commences from the coal ash
beneficiation facility, Duke Energy shall sample and submit a completed EPA Form 2C for
Outfall 004 as soon as practicable, but no later than 180 days from the commencement of
the discharge through Outfall 004.
b. There shall be no discharge of floating solids or visible foam in other than trace amounts.
Page 15 of 26
Permit NC0003417
A. (8.) TOXICITY RE-OPENER CONDITION.[15A NCAC 02B .0400 et seq., 02B .0500 et
seq.]
This permit shall be modified, or revoked and reissued, to incorporate additional toxicity limitations
and monitoring requirements in the event that toxicity testing or other studies conducted on the
effluent or receiving stream indicate that detrimental effects may be expected in the receiving stream
as a result of this discharge.
A. (9.) CHRONIC TOXICITY LIMIT (Monthly - Outfall 001) [15A NCAC 02B .0400 et
seq., 02B .0500 et seq.]
The effluent discharge shall at no time exhibit observable inhibition of reproduction or significant
mortality to Ceriodaphnia dubia at an effluent concentration of 1.3 %(Phase I and II)/1.0% (Phase
III).
The permit holder shall perform at a minimum, monthly monitoring using test procedures outlined
in the "North Carolina Ceriodaphnia Chronic Effluent Bioassay Procedure," Revised December 2010,
or subsequent versions or"North Carolina Phase II Chronic Whole Effluent Toxicity Test Procedure"
(Revised- December 2010) or subsequent versions. Effluent sampling for this testing must be
obtained during representative effluent discharge and shall be performed at the NPDES permitted
final effluent discharge below all treatment processes.
If the test procedure performed as the first test of any month results in a failure or ChV below
the permit limit, then multiple-concentration testing shall be performed at a minimum, in
each of the two following months as described in "North Carolina Phase II Chronic Whole
Effluent Toxicity Test Procedure" (Revised-December 2010) or subsequent versions.
All toxicity testing results required as part of this permit condition will be entered on the Effluent
Discharge Monitoring Form (MR-1) for the months in which tests were performed, using the
parameter code TGP3B for the pass/fail results and THP3B for the Chronic Value. Additionally,
DWR Form AT-3 (original) is to be sent to the following address:
Attention: North Carolina Division of Water Resources
Water Sciences Section/Aquatic Toxicology Branch
1621 Mail Service Center
Raleigh, North Carolina 27699-1621
Completed Aquatic Toxicity Test Forms shall be filed with the Water Sciences Section no later than
30 days after the end of the reporting period for which the report is made.
•
Test data shall be complete, accurate, include all supporting chemical/physical measurements and
all concentration/response data, and be certified by laboratory supervisor and ORC or approved
designate signature. Total residual chlorine of the effluent toxicity sample must be measured and
reported if chlorine is employed for disinfection of the waste stream.
Should there be no discharge of flow from the facility during a month in which toxicity monitoring is
required, the permittee will complete the information located at the top of the aquatic toxicity (AT)
test form indicating the facility name, permit number, pipe number, county, and the month/year of
the report with the notation of"No Flow" in the comment area of the form. The report shall be
submitted to the Water Sciences Section at the address cited above.
Should the permittee fail to monitor during a month in which toxicity monitoring is required,
monitoring will be required during the following month. Assessment of toxicity compliance is based
on the toxicity testing month.
Page 16 of 26
Permit NC0003417
Should any test data from this monitoring requirement or tests performed by the North Carolina
Division of Water Resources indicate potential impacts to the receiving stream, this permit may be
re-opened and modified to include alternate monitoring requirements or limits.
NOTE: Failure to achieve test conditions as specified in the cited document, such as minimum
control organism survival, minimum control organism reproduction, and appropriate environmental
controls, shall constitute an invalid test and will require immediate follow-up testing to be
completed no later than the last day of the month following the month of the initial monitoring.
A. (10.) ACUTE TOXICITY MONITORING - Outfalls 002, 002A, and 003
[15A NCAC 02B .0400 et seq., 02B .0500 et seq.]
The permittee shall conduct FIVE acute toxicity tests using protocols defined as definitive in EPA
Document EPA/600/4-90/027 entitled"Methods for Measuring the Acute Toxicity of Effluents to
Freshwater and Marine Organisms."The monitoring shall be performed as a Fathead Minnow
(Pimephales promelas) 24 hour static test. Effluent samples for self-monitoring purposes must be
obtained below all waste treatment. For each Outfall, sampling and subsequent testing will occur
during the first five discrete discharge events after the effective day of this permit. After monitoring of
the first five toxicity tests, the permittee will conduct one test annually, with the annual period
beginning in January of the next calendar year. The annual test requirement must be performed and
reported by June 30. If no discharge occurs by June 30, verbal notification shall be made to the
Division within two weeks of this date by contacting the Aquatic Toxicology Unit at 919-743-8401.
Verbal notification shall be followed by the Aquatic Toxicity Test Form indicating "No Discharge
through June 30th" within 30 days following the reporting period. Toxicity testing shall be performed
on the next discharge event for the annual test requirement.
The parameter code for this test is TAE6C. All toxicity testing results required as part of this permit
condition will be entered on the Effluent Discharge Form (MR-1) for the month in which it was
performed, using the appropriate parameter code. Additionally, DWR Form AT-1 (original) is to be
sent to the following address:
Attention: North Carolina Division of Water Resources
Water Sciences Section/Aquatic Toxicology Branch
1621 Mail Service Center
Raleigh, North Carolina 27699-1621
Completed Aquatic Toxicity Test Forms shall be filed with the Water Sciences Section no later than
30 days after the end of the reporting period for which the report is made.
Test data shall be complete and accurate and include all supporting chemical/physical
measurements performed in association with the toxicity tests, as well as all dose/response data.
Total residual chlorine of the effluent toxicity sample must be measured and reported if chlorine is
employed for disinfection of the waste stream.
Should any test data from either these monitoring requirements or tests performed by the North
Carolina Division of Water Resources indicate potential impacts to the receiving stream, this permit
may be re-opened and modified to include alternate monitoring requirements or limits.
NOTE: Failure to achieve test conditions as specified in the cited document, such as
minimum control organism survival and appropriate environmental controls, shall constitute
an invalid test and will require immediate follow-up testing to be completed no later than the
last day of the month following the month of the initial monitoring.
Page 17 of 26
Permit NC000341 7
A. (11.) ACUTE TOXICITY MONITORING - Outfall 004 [15A NCAC 02B .0400 et seq.,
02B .0500 et seq.]
The permittee shall conduct acute toxicity tests on a monthly basis using protocols defined as
definitive in EPA Document EPA-821-R-02-012 entitled "Methods for Measuring the Acute Toxicity of
Effluents and Receiving Waters to Freshwater and Marine Organisms."The monitoring shall be
performed as a Fathead Minnow (Pimephales promelas) 48-hour static test. Effluent samples for
self-monitoring purposes must be obtained during representative effluent discharge and shall be
performed at the NPDES permitted final effluent discharge below all waste treatment processes.
The parameter code for Pimephales promelas is TAA6C. All toxicity testing results required as part of
this permit condition will be entered on the Effluent Discharge Form (MR-1) for the month in which it
was performed, using the appropriate parameter code. Additionally, DWR Form AT-1 (original) is to
be sent to the following address:
Attention: North Carolina Division of Water Resources
Water Sciences Section/Aquatic Toxicology Branch
1621 Mail Service Center
Raleigh, North Carolina 27699-1621
Completed Aquatic Toxicity Test Forms shall be filed with the Water Sciences Section no later than 30 days of
end of the reporting period for which the report is made.
Test data shall be complete and accurate and include all supporting chemical/physical measurements perfort
association with the toxicity tests, as well as all dose/response data. Total residual chlorine of the effluent fox
sample must be measured and-reported if chlorine is employed for disinfection of the waste stream.
Should there be no discharge of flow from the facility during any month, the permittee will complete
the information located at the top of the aquatic toxicity (AT) test form indicating the facility name,
permit number, pipe.number, county, and the month/year of the report with the notation of"No
Flow" in the comment area of the form. The report shall be submitted to the Water Sciences Section
at the address cited above.
Should any test data from either these monitoring requirements or tests performed by the North
Carolina Division of Water Quality indicate potential impacts to the receiving stream, this permit may
be re-opened and modified to include alternate monitoring requirements or limits.
NOTE: Failure to achieve test conditions as specified in the cited document, such as minimum
control organism survival and appropriate environmental controls, shall constitute an invalid test
and will require immediate follow-up testing to be completed no later than the last day of the month
following the month of the initial monitoring.
A. (12.) CALCULATION OF TOTAL NITROGEN LOADS - Outfall 001 (Ash Pond)
[G.S. 143-215.1(b)]
a. The Permittee shall calculate monthly and annual TN Loads as follows:
i. Monthly TN Load (lb/mo) =TN x TMF x 8.34
where:
TN = the average Total Nitrogen concentration (mg/L) of the samples
collected during the month
TMF = the Total Monthly Flow of wastewater discharged during the
month (MG/mo)
Page 18 of 26
Permit NC0003417
8.34 = conversion factor, from (mg/L x MG) to pounds
ii. Annual TN Load (1b/yr) = Sum of the 12 Monthly TN Loads for the calendar year
b. The Permittee shall report monthly Total Nitrogen results (mg/L and lb/mo) in the discharge
monitoring report for that month and shall report each year's annual results (1b/yr) in the
December report for that year.
A. (13.) ANNUAL LIMITS FOR TOTAL NITROGEN [G.S. 143-215.1(b)]
a. Total Nitrogen (TN) allocations and TN Load limits for NPDES dischargers in the Neuse River
basin apply on a calendar year basis.
b. For any given calendar year, the Permittee shall be in compliance with the annual TN Load limit
in this Permit if:
i. the Permittee's annual TN discharge is less than or equal to its TN Load limit, or
ii. the Permittee is a co-permittee member of a compliance association.
c. If the Permittee is not a co-permittee member of a compliance association and the Permittee's
cumulative annual TN discharge exceeds the effective TN Load limit in this permit at any point
during the calendar year, the Permittee is in violation of its-TN Load limit, and each day of a
continuing violation shall constitute a separate violation.
d. The TN Load limit in this Permit (if any) may be modified as the result of allowable changes in
the Permittee's TN allocation.
i. Allowable changes include those resulting from purchase of TN allocation from the
Wetlands Restoration Fund; purchase, sale, trade, or lease of allocation between the
Permittee and other dischargers; regionalization; and other transactions approved by the
Division.
ii. The Permittee may request a modification of the TN Load limit in this Permit to reflect
allowable changes in its TN allocation. Upon receipt of timely and proper application, the
Division will modify the permit as appropriate and in accordance with state and federal
program requirements:
iii. Changes in TN limits become effective on January 1 of the year following permit
modification. The Division must receive application no later than August 31 for changes
proposed for the following calendar year.
iv. Application shall be sent to:
NCDWR / NPDES Programs
Attn: Neuse River Basin Coordinator
1617 Mail Service Center
Raleigh, NC 27699-16 17
e. If the Permittee is a member and co-permittee of an approved compliance association, its TN
discharge during that year is governed by that association's group NPDES permit and the TN
limits therein.
i. The Permittee shall be considered a Co-Permittee Member for any given calendar year in
which it is identified as such in Appendix A of the association's group NPDES permit.
ii. Association roster(s) and members' TN allocations will be updated annually and in
accordance with state and federal program requirements.
iii. If the Permittee intends to join or leave a compliance association, the Division must be
notified of the proposed action,in accordance with the procedures defined in the
association's NPDES permit.
(A) Upon receipt of timely and proper notification, the Division will modify the permit as
appropriate and in accordance with state and federal program requirements.
(B) Membership changes in a compliance association become effective on January 1 of
the year following modification of the association's permit.
f. The TN monitoring and reporting requirements in this Permit remain in effect until expiration of
this Permit and are not affected by the Permittee's membership in a compliance association.
Page 19 of 26
Permit NC0003417
A. (14.) TOTAL NITROGEN ALLOCATIONS [G.S. 143-215.1(b)]
a. The following table lists the Total Nitrogen (TN) allocation(s) assigned to, acquired by, or
transferred to the Permittee in accordance with the Neuse River nutrient management rule
(T15A NCAC 02B .0234) and the status of each as of permit issuance. For compliance
purposes, this table does not supersede any TN limit(s) established elsewhere in this permit or
in the NPDES permit of a compliance association of which the Permittee is a Co-Permittee
Member.
ALLOCATION AMOUNT 1
ALLOCATION SOURCE DATE STATUS
TYPE Estuary Discharge
(lb/yr) (lb/yr)
NA See Footnote 2. - - - -
TOTAL . - - -
Footnote:
1. Transport Factor = 70%
2. Duke Energy Progress'H.F.Lee Energy Complex received no TN allocation under the Neuse rule but is
allowed a baseline TN load of 3,260 lb/yr at its Outfall 001 (2,282 lb/yr at the estuary),which is not part of
the point source waste load allocation.
b. Any addition, deletion, or modification of the listed allocations (other than typographical errors)
or any change to Active status of any of the listed allocations shall be considered a major
modification of this permit and shall be subject to the public review process afforded such
modifications under state and federal rules.
A. (15.) ADDITIONAL CONDITIONS AND DEFINITIONS [G.S. 143-215.3(a)(2) & 143-
215.66]
The following special conditions are applicable to all outfalls regulated by this permit:
a) There shall be no discharge of polychlorinated biphenyl compounds such as those once
commonly used for transformer fluid.
b) Nothing contained in this permit shall be construed as a waiver by the permittee of any right
to a hearing it may have pursuant to State or Federal laws or regulations.
c) Discharge of any waste resulting from the combustion of toxic or hazardous waste to any
waste stream which ultimately discharges to waters of the United States is prohibited, unless
specifically authorized in this permit.
d) The permittee shall report all visible discharges of floating materials (such as an oil slick) to
the Director when submitting DMRs.
e) "Upset," means an exceptional incident in which there is an unintentional and temporary
non-compliance with technology-based effluent limitations because of factors beyond the
reasonable control of the permittee. An upset does not include noncompliance to the extent
cause by operational error, improperly designed treatment facilities, inadequate treatment
facilities, lack of preventative maintenance, or improper operations.
f) All flows shall be reported on monthly DMRs. Should no flow occur during a given month,
the words "no flow" should be clearly written on the front of the DMR.
g) EPA methods 200.7 or 200.8 (or the most current versions) shall be used for analyses of all
metals except for total mercury.
h) All effluent samples for all external outfalls shall be taken at the most accessible location after
the final treatment but prior to discharge to waters of the U.S. (40 CFR 122.41(j)).
i) The term low volume waste sources means wastewater from all sources except those for which
specific limitations are otherwise established in this part (40 CFR 423.11 (b)).
Page 20 of 26
° Permit NC0003417
j) The term chemical metal cleaning waste means any wastewater resulting from cleaning any
metal process equipment with chemical compounds, including, but not limited to, boiler tube
cleaning (40 CFR 423.11 (c)).
k) The term metal cleaning waste means any wastewater resulting from cleaning [with or
without chemical cleaning compounds] any metal process equipment including, but not
limited to, boiler tube cleaning, boiler fireside cleaning, and air preheater cleaning (40 CFR
423.11 (d)).
1) For all outfalls where the flow measurement is to be "estimated" the estimate can be done by
using calibrated V-notch weir, stop-watch and graduated cylinder, or other method approved
by the Division.
A. (16.) BIOCIDE CONDITION [NCGS 143-215.1]
The permittee shall not use any biocides except those approved in conjunction with the permit
application or in accordance with this condition. The permittee shall notify the Director in writing not
later than ninety (90) days prior to instituting use of any additional biocide used in cooling systems
which may be toxic to aquatic life other than those previously reported to the Division of Water
Resources. Such notification shall include completion of Biocide Worksheet Form 101 and a map
locating the discharge point and receiving stream. Completion of Biocide Worksheet Form 101 is not
necessary for those outfalls containing toxicity testing. Division approval is not necessary for the
introduction of new biocides into outfalls currently tested for whole effluent toxicity.
A. (17.) CLEAN WATER ACT SECTION 316(B) [40 CFR 125.95]
The permittee shall comply with the Cooling Water Intake Structure Rule per 40 CFR 125.95. Pursuit
to 40 CFR 125.98 the Director has determined that operating and maintaining the existing Closed-
cycle recirculating system meets the requirements for an interim BTA.
The permittee shall submit the following information as required in §122.21 (except 122.21 (r)(6)) by
July 31, 2022.
§122.21(r)(2) Source Water Physical Data
§/22.21(r)(3) Cooling Water Intake Structure Data
§122.21(r)(4) Source Water Baseline Biological Characterization Data
§/22.21(r)(5) Cooling Water System Data
§122.21(r)(6) Chosen Method(s) of Compliance with the Impingement Mortality Standard (the chosen
method will be defined after the site-specific BTA determination is made by the Director)
§122.21(r)(7) Entrainment Performance Studies
§122.21(r)(8) Operational Status
§122.21(r)(9) Entrainment Characterization Study
§122.21(r)(10) Comprehensive Technical Feasibility and Cost Evaluation Study
§122.21(r)(11) Benefits Valuation Study
§122.21(r)(12) Non-water Quality and Other Environmental Impacts Study
Based on the Director's selection of entrainment, this permit may be reopened to establish a
schedule to implement the selected technology to comply with the Rule.
Copies of all the study plans, study results, and any other r applicable materials should be submitted
to:
1. Electronic Version Only (PDF and CD)
Division of Water Resources
WQ Permitting Section - NPDES
Page 21 of 26
Permit NC0003417
1617 Mail Service Center
Raleigh, NC 27699-1617
2. Electronic Version (PDF and CD) and Hard Copy
Division of Water Resources
Water Sciences Section
1623 Mail Service Center --
Raleigh, NC 27699-1623
Nothing in this permit authorizes take for the purposes of a facility compliance with the Endangered
Species Act.
A. (18.) COMPLIANCE BOUNDARY [15A NCAC 02L.0107]
The compliance boundary for the disposal system shall be specified in accordance with 15A NCAC
02L .0107(a) or (b) dependent upon the date permitted. An exceedance of groundwater standards at
or beyond the compliance boundary is subject to remediation action according to 15A NCAC 02L
.0106(c), (d), or (e) as well as enforcement actions in accordance with North Carolina General Statute
143-215.6A through 143-215.6C. The compliance boundary map for this facility is incorporated
herein and attached hereto as Attachment A.
A. (19.) STRUCTURAL INTEGRITY INSPECTIONS OF ASH POND DAM [15A NCAC
02K.0208]
The facility shall meet the dam design and dam safety requirements per 15A NCAC 2K.
A. (2O:) ASH POND CLOSURE [NCGS 143-215.1(b)]
The facility shall prepare an Ash Ponds Closure Plan. This Plan shall be submitted to the Division
one month prior to the closure of the ash ponds to the address listed below:
Electronic Version Only (PDF and CD)
Division of Water Resources
WQ Permitting Section - NPDES
1617 Mail Service Center
Raleigh, NC 27699-1617
A. (21.) INSTREAM MONITORING [15A NCAC 02B .0500 et seq.]
The facility shall conduct monthly instream monitoring (upstream of Outfall 002 - at the Ferry Bridge
Road, and downstream of Outfall 003 - at Stevens Mill Road bridge) for total arsenic, total selenium,
total mercury (method 1631E), total chromium, dissolved lead, dissolved cadmium, dissolved copper,
dissolved zinc, bromide, total hardness, and total dissolved solids (TDS). The monitoring results shall
be reported in the monthly DMRs and summarized with the NPDES permit renewal application.
Sampling periods and the samples collected shall be representative of the surface waters.
Instream monitoring by the permittee is provisionally waived considering the permittee's
participation in the Neuse River Basin Association provided the Association agrees to sample for all
the parameters listed in this condition and at the specified locations and frequencies. Instream
monitoring shall be conducted as stated in this permit should the permittee end its participation in
the Association.
Page 22 of 26
Permit NC0003417
A. (22.) FISH TISSUE MONITORING NEAR ASH POND DISCHARGE (Outfall 001)
[NCGS 143-215.3 (a)(2)]
The•facility shall conduct fish tissue monitoring annually and submit the results with the NPDES
permit renewal application.The objective of this monitoring is to evaluate potential uptake of pollutants
by fish tissue near the ash pond discharge. The parameters analyzed in fish tissue shall include
arsenic, selenium, and mercury. The monitoring shall be conducted in accordance with the sampling
plan approved by the Division. The plan should be submitted to the Division within 180 days from the
effective date of the permit. Upon approval, the plan becomes an enforceable part of the permit.
Copies of the plan and monitoring results shall be submitted to:
1) Electronic Version Only (PDF and CD)
Division of Water Resources
WQ Permitting Section - NPDES
1617 Mail Service Center
Raleigh, NC 27699-1617.
2) Electronic Version (PDF and CD) and Hard Copy
Division of Water Resources
WSS - Biological Assessment Branch
1621 Mail Service Center
Raleigh, NC 27699-1621
A. (23.) APPLICABLE STATELAW(STATE ENFORCEABLE ONLY) [NCGS 143-215.1(b)]
This facility shall meet the requirements:of Senate Bill 729 (Coal Ash Management Act). This permit
may be reopened to include new requirements imposed by Senate Bill 729.
A. (24.) CHEMICAL DISCHARGES [G.S. 143-215, 143-215.1]
Discharge of any product registered under the Federal Insecticide, Fungicide, and Rodenticide Act to
any waste stream which may ultimately be released to lakes, rivers, streams or other waters of the
United States is prohibited unless specifically authorized elsewhere in this permit. Discharge of
chlorine from the use of chlorine gas, sodium hypochlorite, or other similar chlorination compounds
for disinfection in plant potable and service water systems and in sewage treatment is authorized. Use
of restricted use pesticides for lake management purposes by applicators licensed by the N.C. Pesticide
Board is allowed.
A. (25.) ELECTRONIC REPORTING OF DISCHARGE MONITORING REPORTS-[G.S.
143-215.1(b)] •
Federal regulations require electronic submittal of all discharge monitoring reports (DMRs) and
program reports. The final NPDES Electronic Reporting Rule was adopted and became effective on
December 21, 2015.
NOTE: This special condition supplements or supersedes the following sections within Part II of this
permit (Standard Conditions for NPDES Permits).:
• Section B. (11.) Signatory Requirements
• Section D. (2.) Reporting
• Section D. (6.) Records Retention
• Section E. (5.) Monitoring Reports
1. Reporting Requirements [Supersedes Section D. (2.) and Section E. (5.) (an
Page 23 of 26
Permit NC000341 7
The permittee shall report discharge monitoring data electronically using the NC DWR's
Electronic Discharge Monitoring Report (eDMR) internet application.
Monitoring results obtained during the previous month(s) shall be summarized for each month
and submitted electronically using eDMR. The eDMR system allows permitted facilities to enter
monitoring data and submit DMRs electronically using the internet. Until such time that the
state's eDMR application is compliant with EPA's Cross-Media Electronic Reporting Regulation
(CROMERR), permittees will be required to submit all discharge monitoring data to the state
electronically using eDMR and will be required to complete the eDMR submission by printing,
signing, and submitting one signed original and a copy of the computer printed eDMR to the
following address:
NC DENR / Division of Water Resources / Water Quality Permitting Section
ATTENTION: Central Files
1617 Mail Service Center
Raleigh, North Carolina 27699-1617
If a permittee is unable to use the eDMR system due to a demonstrated hardship or due to the
facility being physically located in an area where less than 10 percent of the households have
broadband access, then a temporary waiver from the NPDES electronic reporting requirements
may be granted and discharge monitoring data may be submitted on paper DMR forms (MR 1,
1.1, 2, 3) or alternative forms approved by the Director. Duplicate signed copies shall be
submitted to the mailing address above. See "How to Request a Waiver from Electronic
Reporting" section below.
Regardless of the submission method, 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.
Starting on December 21, 2020, the permittee must electronically report the following
compliance monitoring data and reports, when applicable:
• Sewer Overflow/Bypass Event Reports;
• Pretreatment Program Annual Reports; and
• Clean Water Act (CWA) Section 316(b) Annual Reports.
The permittee may seek an electronic reporting waiver from the Division (see "How to Request a
Waiver from Electronic Reporting" section below).
2. Electronic Submissions
In accordance with 40 CFR 122.41(1)(9), the permittee must identify the initial recipient at the
time of each electronic submission. The permittee should use the EPA's website resources to
identify the initial recipient for the electronic submission.
Initial recipient of electronic NPDES information from NPDES-regulated facilities means the entity
(EPA or the state authorized by EPA to implement the NPDES program) that is the designated
entity for receiving electronic NPDES data [see 40 CFR 127.2(b)].
EPA plans to establish a website that will also link to the appropriate electronic reporting tool for
each type of electronic submission and for each state. Instructions on how to access and use the
appropriate electronic reporting tool will be available as well. Information on EPA's NPDES
Electronic Reporting Rule is found at: http://www2.epa.gov/compliance/final-national-
pollutant-discharge-elimination-system-npdes-electronic-reporting-rule.
Electronic submissions must start by the dates listed in the "Reporting Requirements" section
above.
Page 24 of 26
Permit NC0003417
3. How to Request a Waiver from Electronic Reporting
The permittee may seek a temporary electronic reporting waiver from the Division. To obtain an
electronic reporting waiver, a permittee must first submit an electronic reporting waiver request
to the Division. Requests for temporary electronic reporting waivers must be submitted in writing
to the Division for written approval at least sixty (60) days prior to the date the facility would be
required under this permit to begin submitting monitoring data and reports. The duration of a
temporary waiver shall not exceed 5 years and shall thereupon expire. At such time, monitoring
data and reports shall be submitted electronically to the Division unless the permittee re-applies
for and is granted a new temporary electronic reporting waiver by the Division. Approved
electronic reporting waivers are not transferrable. Only permittees with an approved reporting
waiver request may submit monitoring data and reports on paper to the Division for the period
that the approved reporting waiver request is effective.
Information on eDMR and the application for a temporary electronic reporting waiver are found
on the following web page:
http://deq.nc.gov/about/divisions/water-resources/edmr
4. Signatory Requirements [Supplements Section B. (11.) (b) and Supersedes Section B. (11.)
fd)l
All eDMRs submitted to the permit issuing authority shall be signed by a person described in
Part II, Section B. (11.)(a) or by a duly authorized representative of that person as described in
Part II, Section B. (11.)(b). A person, and not a position, must be delegated signatory authority
for eDMR reporting purposes.
For eDMR submissions, the person signing and submitting the DMR must obtain an eDMR user
account and login credentials to access the eDMR system. For more information on North
Carolina's eDMR system, registering for eDMR and obtaining an eDMR user account, please visit
the following web page:
http://deq.nc.gov/about/divisions/water-resources/edmr
Certification. Any person submitting an electronic DMR using the state's eDMR system shall
make the following certification [40 CFR 122.22]. NO OTHER STATEMENTS OF CERTIFICATION
WILL BE ACCEPTED:
"I certify, under penalty of law, that this document and all attachments were prepared under my
direction or supervision in accordance with a system designed to assure that qualified personnel
properly gather and evaluate the information submitted. Based on my inquiry of the person or
persons who manage the system, or those persons directly responsible for gathering the
information, the information submitted is, to the best of my knowledge and belief, true, accurate,
and complete. I am aware that there are significant penalties for submitting false information,
including the possibility of fines and imprisonment for knowing violations."
5. Records Retention [Supplements Section D. (6.)l
The permittee shall retain records of all Discharge Monitoring Reports, including eDMR
submissions. These records or copies shall be maintained for a period of at least 3 years from
the date of the report. This period may be extended by request of the Director at any time [40
CFR 122.41].
Page 25 of 26
Permit NC0003417
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HF Lee Energy Complex—NC0003417 Facility Location (not to scale)
Receiving Stream:Neuse River Stream Class: WS-IV _
State Grid/USGS Quad:F26NE/NW Goldsboro Drainage Basin:Neuse River Basin *-
001:Latitude 35°22'16" Longitude 78°04'09" HUC: 03050105 .. .
002:Latitude 35°22'09" Longitude 78°05'06" Sub-Basin: 03-04-12 a• ° ' N
002A:Latitude 35°22'18" Longitude 78°03'54"
003:Latitude 35°22'02" Longitude 78°04'60" Wayne County
004: Latitude 35°22'18" Longitude 78°06'04" Page 26 of 26
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Attachment A Compliance Boundary
NPDES Permit Standard Conditions
Page 1 of 18
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
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NPDES Permit Standard Conditions
• Page 2 of 18
(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.
> 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).
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NPDES Permit Standard Conditions
Page 3 of 18
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.
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
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NPDES Permit Standard Conditions
Page 4 of 18
imprisonment of not more than 1 year,or both.In the case of a second or subsequent conviction for a negligent
violation,a person shall be subject to criminal penalties of not more than$50,000 per day of violation,or by
imprisonment of not more than 2 years,or both. [33 USC 1319(c)(1)and 40 CFR 122.41(a)(2)]
d. Any person who knowingly violates such sections,or such conditions or limitations is subject to criminal
penalties of$5,000 to$50,000 per day of violation,or imprisonment for not more than 3 years,or both.In the
case of a second or subsequent conviction for a knowing violation,a person shall be subject to criminal
penalties of not more than$100,000 per day of violation,or imprisonment of not more than 6 years,or both.
[33 USC 1319(c)(2)and 40 CFR 122.41(a)(2)]
e. Any person who knowingly violates section 301,302,303,306,307,308,318 or 405 of the Act,or any permit
condition or limitation implementing any of such sections in a permit issued under section 402 of the Act,and
who knows at that time that he thereby places another person in imminent danger of death or serious bodily
injury,shall,upon conviction,be subject to a fine of not more than$250,000 or imprisonment of not more than
15 years,or both.In the case of a second or subsequent conviction for a knowing endangerment violation,a
person shall be subject to a fine of not more than$500,000 or by imprisonment of not more than 30 years,or
both.An organization,as defined in section 309(c)(3)(B)(iii)of the CWA, shall,upon conviction of violating
the imminent danger provision,be subject to a fine of not more than$1,000,000 and can be fined up to
$2,000,000 for second or subsequent convictions. [40 CFR 122.41(a)(2)]
f. Under state law,a civil penalty of not more than$25,000 per violation may be assessed against any person
who violates or fails to act in accordance with the terms,conditions,or requirements of a permit. [North
Carolina General Statutes § 143-215.6A]
g. Any person may be assessed an administrative penalty by the Administrator for violating section 301,302,
306,307,308,318 or 405 of this Act,or any permit condition or limitation implementing any of such sections
in a permit issued under section 402 of this Act.Administrative penalties for Class I violations are not to
exceed$16,000 per violation,with the maximum amount of any Class I penalty assessed not to exceed
$37,500.Penalties for Class II violations are not to exceed$16,000 per day for each day during which the
violation continues,with the maximum amount of any Class II penalty not to exceed$177,500. [33 USC
1319(g)(2)and 40 CFR 122.41(a)(3)]
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.
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NPDES Permit Standard Conditions
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7. Severability
The provisions of this permit are severable.If any provision of this permit,or the application of any provision of
this permit to any circumstances,is held invalid,the application of such provision to other circumstances,and the
remainder of this permit, shall not be affected thereby [NCGS 150B-23].
8. Duty to Provide Information
The Permittee shall furnish to the Permit Issuing Authority,within a reasonable time,any information which the
Permit Issuing Authority may request to determine whether cause exists for modifying,revoking and reissuing,or
terminating this permit or to determine compliance with this permit.The Permittee shall also furnish to the Permit
Issuing Authority upon request,copies of records required by this permit[40 CFR 122.41(h)].
9. Duty to Reapply
If the Permittee wishes to continue an activity regulated by this permit after the expiration date of this permit,the
Permittee must apply for and obtain a new permit[40 CFR 122.41(b)].
10. Expiration of Permit
The Permittee is not authorized to discharge after the expiration date.In order to receive automatic authorization to
discharge beyond the expiration date,the Permittee shall submit such information,forms,and fees as are required
by the agency authorized to issue permits no later than 180 days prior to the expiration date unless permission for a
later date has been granted by the Director. (The Director shall not grant permission for applications to be
submitted later than the expiration date of the existing permit.) [40 CFR 122.21(d)] Any Permittee that has not
requested renewal at least 180 days prior to expiration,or any Permittee that does not have a permit after the
expiration and has not requested renewal at least 180 days prior to expiration,will subject the Permittee to
enforcement procedures as provided in NCGS 143-215.6 and 33 USC 1251 et. seq.
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]
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c. Changes to authorization: If an authorization under paragraph(b)of this section is no longer accurate because
a different individual or position has responsibility for the overall operation of the facility,a new authorization
satisfying the requirements of paragraph(b)of this section must be submitted to the Director prior to or
together with any reports,information,or applications to be signed by an authorized representative [40 CFR
122.22]
d. Certification.Any person signing a document under paragraphs a.or b. of this section shall make the following
certification [40 CFR 122.22].NO OTHER STATEMENTS OF CERTIFICATION WILL BE ACCEPTED:
"I cert under penalty of law, that this document and all attachments were prepared under my direction or
supervision in accordance with a system designed to assure that qualified personnel properly gather and
evaluate the 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.
14. Annual Administering and Compliance Monitoring Fee Requirements
The Permittee must pay the annual administering and compliance monitoring fee within thirty days after being
billed by the Division.Failure to pay the fee in a timely manner in accordance with 15A NCAC 02H.0105(b)(2)
may cause this Division to initiate action to revoke the permit.
Section C. Operation and Maintenance of Pollution Controls
1. Certified Operator
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).
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(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 ofthe 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 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.
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.
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(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
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:
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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
to the minimum detection or lower reporting level of the procedure.If no approved methods are determined
capable of achieving minimum detection and reporting levels below permit discharge requirements,then the most
sensitive(method with the lowest possible detection and reporting level)approved method must be used.
5. Penalties for Tampering
The CWA provides that any person who falsifies,tampers with,or knowingly renders inaccurate,any monitoring
device or method required to be maintained under this permit shall,upon conviction,be punished by a fine of not
more than$10,000 per violation,or by imprisonment for not more than two years per violation,or by both.If a
conviction of a person is for a violation committed after a first conviction of such person under this paragraph,
punishment is a fine of not more than$20,000 per day of violation,or by imprisonment of not more than 4 years,
or both[40 CFR 122.41].
6. Records Retention
Except for records of monitoring information required by this permit related to the Permittee's sewage sludge use
and disposal activities,which shall be retained for a period of at least five years(or longer as required by 40 CFR
503),the Permittee shall retain records of all monitoring information,including:
> all calibration and maintenance records
> all original strip chart recordings for continuous monitoring instrumentation
> copies of all reports required by this permit
> copies of all data used to complete the application for this permit
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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:
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
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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
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
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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].
12. Annual Performance Reports
Permittees who own or operate facilities that primarily collect or treat municipal or domestic wastewater and have
an average annual flow greater than 200,000 gallons per day shall provide an annual report to the Permit Issuing
Authority and to the users/customers served by the Permittee(NCGS 143-215.1C).The report shall summarize the
performance of the collection or treatment system,as well as the extent to which the facility was compliant with
applicable Federal or State laws,regulations and rules pertaining to water quality.The report shall be provided no
later than sixty days after the end of the calendar or fiscal year,depending upon which annual period is used for
evaluation.
The report shall be sent to:
NC DEQ/Division of Water Resources/Water Quality Permitting Section
ATTENTION: Central Files
1617 Mail Service Center
Raleigh,North Carolina 27699-1617
•
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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 when the system's or work's principle function is to conduct,
treat,equalize,neutralize,stabilize,recycle,or dispose of industrial waste or sewage from an industrial facility and
the discharge of the industrial waste or sewage is authorized under a permit issued for the discharge of the
industrial waste or sewage into the waters of the State. Notwithstanding the above,the permit issued for the
discharge may be modified if required by federal regulation.
c. Issuance of an AtC will not occur until Final Plans and Specifications for the proposed construction have been
submitted by the Permittee and approved by the Division.
Section B. Groundwater Monitoring
The Permittee shall,upon written notice from the Director,conduct groundwater monitoring as may be required to
determine the compliance of this NPDES permitted facility with the current groundwater standards.
Section C. 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 D. 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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PART IV
SPECIAL CONDITIONS FOR MUNICIPAL FACILITIES
Section A. Definitions
In addition to the definitions in Part II of this permit,the following definitions apply to municipal facilities:
Indirect Discharge or Industrial User
Any non-domestic source that discharges wastewater containing pollutants into a POTW regulated under section
307(b),(c)or(d)of the CWA. [40 CFR 403.3 (i)and(j)and 15A NCAC 02H.0903(b)(11)]
Interference
Inhibition or disruption of the POTW treatment processes;operations;or its sludge process,use,or disposal which
causes or contributes to a violation of any requirement of the Permittee's(or any satellite POTW's if different from the
Permittee)NPDES,collection system,or non-discharge permit or prevents sewage sludge use or disposal in
compliance with specified applicable State and Federal statutes,regulations,or permits. [15A NCAC 02H
.0903(b)(14)]
Pass Through
A discharge which exits the POTW into waters of the State in quantities or concentrations which,alone or with
discharges from other sources,causes a violation,including an increase in the magnitude or duration of a violation,of
the Permittee's(or any satellite POTW's, if different from the Permittee)NPDES,collection system,or non-discharge
permit. [15A NCAC 02H .0903(b)(23)]
Publicly Owned Treatment Works(POTW)
A treatment works as defined by Section 212 of the CWA,which is owned by a State or local government organization.
This definition includes any devices and systems used in the storage,treatment,recycling and reclamation of municipal
sewage or industrial wastes of a liquid nature.It also,includes the collection system,as defined in 15A NCAC 2T
.0402,only if it conveys wastewater to a POTW treatment plant. The term also means the local government
organization,or municipality,as defined in section 502(4)of the CWA,which has jurisdiction over indirect discharges
to and the discharges from such a treatment works.In this context,the organization may be the owner of the POTW
treatment plant or the owner of the collection system into which an indirect discharger discharges.This second type of
POTW may be referred to as a"satellite POTW organization." [15A NCAC 02H .0903(b)(26)]
"Significant Industrial User"or"SIU"
An Industrial User that discharges wastewater into a publicly owned treatment works and that[15A NCAC 02H
.0903(b)(33)]:
1. Discharges an average of 25,000 gallons per day or more of process wastewater to the POTW(excluding sanitary,
noncontact cooling and boiler blowdown wastewaters);or
2. Contributes process wastewater which makes up five percent or more of the NPDES or non-discharge permitted
flow limit or organic capacity of the POTW treatment plant.In this context,organic capacity refers to BOD,TSS
and ammonia;or
3. Is subject to categorical standards under 40 CFR Part 403.6 and 40 CFR Parts 405-471;or
4. Is designated as such by the Permittee on the basis that the Industrial User has a reasonable potential for adversely
affecting the POTW's operation or for violating any pretreatment standard or requirement,or the POTW's effluent
limitations and conditions in its NPDES or non-discharge permit,or to limit the POTW's sludge disposal options;
5. Subject to approval under 15A NCAC 02H.0907(b),the Permittee may determine that an Industrial User meeting
the criteria in paragraphs 1 or 2 of this definition above has no reasonable potential for adversely affecting the
POTW's operation or for violating any pretreatment standard or requirement,the POTW's effluent limitations and
conditions in its NPDES or non-discharge permit,or to limit the POTW's sludge disposal options,and thus is not a
Significant Industrial User(SIU); or
6. Subject to approval under 15A NCAC 02H.0907(b),the Permittee may determine that an Industrial User meeting
the criteria in paragraph 3 of this definition above meets the requirements of 40 CFR Part 403.3(v)(2)and thus is a
non-significant categorical Industrial User.
Section B. Publicly Owned Treatment Works(POTWs)
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All POTWs must provide adequate notice to the Director of the following[40 CFR 122.42(b)]:
1. Any new introduction of pollutants into the POTW from an indirect discharger,regardless of the means of
transport,which would be subject to section 301 or 306 of CWA if it were directly discharging those pollutants;
and
2. Any substantial change in the volume or character of pollutants being introduced by an indirect discharger as
influent to that POTW at the time of issuance of the permit.
3. For purposes of this paragraph,adequate notice shall include information on(1)the quality and quantity of effluent
introduced into the POTW,and(2)any anticipated impact that may result from the change of the quantity or
quality of effluent to be discharged from the POTW.
Section C. Municipal Control of Pollutants from Industrial Users.
1. Effluent limitations are listed in Part I of this permit.Other pollutants attributable to inputs from Industrial Users
discharging to the POTW may be present in the Permittee's discharge.At such time as sufficient information
becomes available to establish limitations for such pollutants,this permit may be revised to specify effluent
limitations for any or all of such other pollutants in accordance with best practicable technology or water quality
standards.
2. Prohibited Discharges
a. The Permittee shall develop and enforce their Pretreatment Program to implement the prohibition against the
introduction of pollutants or discharges into the waste treatment system or waste collection system which
cause or contribute to Pass Through or Interference as defined in 15A NCAC 02H.0900 and 40 CFR 403. [40
CFR 403.5(a)(1)]
b. The Permittee shall develop and enforce their Pretreatment Program to implement the prohibitions against the
introduction of the following wastes in the waste treatment or waste collection system [40 CFR 403.5(b)]:
(1) Pollutants which create a fire,or explosion hazard in the POTW,including,but not limited to,
wastestreams with a closed cup flashpoint of less than 140 degrees Fahrenheit or 60 degrees Centigrade
using the test methods specified in 40 CFR 261.21;
(2) Pollutants which cause corrosive structural damage to the POTW,but in no case discharges with pH lower
than 5.0,unless the works is specifically designed to accommodate such discharges;
(3) Solid or viscous pollutants in amounts which cause obstruction to the flow in the POTW resulting in
Interference;
(4) Any pollutant,including oxygen demanding pollutants(BOD,etc.)released in a Discharge at a flow rate
and/or pollutant concentration which will cause Interference with the POTW;
(5) Heat in amounts which will inhibit biological activity in the POTW resulting in Interference,but in no
case heat in such quantities that the temperature at the POTW Treatment Plant exceeds 40°C(104°F)
unless the Division,upon request of the POTW,approves alternate temperature limits;
(6) Petroleum oil,non-biodegradable cutting oil,or products of mineral oil origin in amounts that will cause
Interference or Pass Through;
(7) Pollutants which result in the presence of toxic gases,vapors,or fumes within the POTW in a quantity that
may cause acute worker health and safety problems;or
(8) Any trucked or hauled pollutants,except at discharge points designated by the POTW.
c. The Permittee shall investigate the source of all discharges into the POTW,including slug loads and other
unusual discharges,which have the potential to adversely impact the Permittee's Pretreatment Program and/or
the operation of the POTW.
The Permittee shall report such discharges into the POTW to the Director or the appropriate Regional Office.
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 discharge;the
investigation into possible sources;the period of the discharge,including exact dates and times;if the
discharge has not ceased,the anticipated time it is expected to continue; and steps taken or planned to reduce,
eliminate,and prevent reoccurrence of the noncompliance,
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3. With regard to the effluent requirements listed in Part I of this permit, it may be necessary for the Permittee to
supplement the requirements of the Federal Pretreatment Standards(40 CFR,Part 403)to ensure compliance by
the Permittee with all applicable effluent limitations. Such actions by the Permittee may be necessary regarding
some or all of the industries discharging to the municipal system.
4. The Permittee shall require any Industrial User(IU)discharging to the POTW to meet Federal Pretreatment
Standards developed under Section 307(b)of the Act as amended(which includes categorical standards and
specific local limits,best management practices and narrative requirements).Prior to accepting wastewater from
any Significant Industrial User(SIU),the Permittee shall either develop and submit to the Division a new
Pretreatment Program or,as necessary,a modification of an existing Pretreatment Program, for approval as
required under section D below as well as 15A NCAC 02H.0907(a)and(b). [40 CFR 122.44(j)(2)]
5. This permit shall be modified,or alternatively,revoked and reissued,to incorporate or modify an approved POTW
Pretreatment Program or to include a compliance schedule for the development of a POTW Pretreatment Program
as required under Section 402(b)(8)of the CWA and implementing regulations or by the requirements of the
approved State pretreatment program,as appropriate.
Section D. Pretreatment Programs
Under authority of sections 307(b)and(c)and 402(b)(8)of the CWA and implementing regulations 40 CFR 403,
North Carolina General Statute 143-215.3(14)and implementing regulations 15A NCAC 02H.0900,and in accordance
with the approved pretreatment program,all provisions and regulations contained and referenced in the pretreatment
program submittal are an enforceable part of this permit. [40 CFR 122.44(j)(2)]
The Permittee shall operate its approved pretreatment program in accordance with Section 402(b)(8)of the CWA,40
CFR 403, 15A NCAC 02H.0900,and the legal authorities,policies,procedures,and financial provisions contained in
its pretreatment program submission and Division approved modifications thereof. Such operation shall include but is
not limited to the implementation of the following conditions and requirements.Terms not defined in Part II or Part IV
of this permit are as defined in 15A NCAC 02H.0903 and 40 CFR 403.3.
1. Sewer Use Ordinance(SUO)
The Permittee shall maintain adequate legal authority to implement its approved pretreatment program. [15A
NCAC 02H.0903(b)(32), .0905 and.0906(b)(1);40 CFR 403.8(f)(1)and 403.9(b)(1)and(2)]
2. Industrial Waste Survey(IWS)
The Permittee shall implement an IWS consisting of the survey of users of the POTW collection system or
treatment plant,as required by 40 CFR 403.8(f)(2)(i-iii)and 15A NCAC 02H.0905 [also 40 CFR 122.44(j)(1)],
including identification of all Industrial Users that may have an impact on the POTW and the character and amount
of pollutants contributed to the POTW by these Industrial Users and identification of those Industrial Users
meeting the definition of SIU.Where the Permittee accepts wastewater from one or more satellite POTWs,the
IWS for the Permittee shall address all satellite POTW services areas,unless the pretreatment program in those
satellite service areas is administered by a separate Permittee with an approved Pretreatment Program.The
Permittee shall submit a summary of its IWS activities to the Division at least once every five years,and as
required by the Division. The IWS submission shall include a summary of any investigations conducted under
paragraph C.2.c. of this Part. [15A NCAC 02H.0903(b)(13), .0905 and.0906(b)(2);40 CFR 403.8(0(2)and 403.9]
3. Monitoring Plan
The Permittee shall implement a Division-approved Monitoring Plan for the collection of facility specific data to
be used in a wastewater treatment plant Headworks Analysis(HWA)for the development of specific pretreatment
local limits.Effluent data from the Plan shall be reported on the DMRs(as required by Parts II.D and II.E.5.). [15A
NCAC 02H.0903(b)(16), .0906(b)(3)and.0905]
4. Headworks Analysis(HWA)and Local Limits
The Permittee shall obtain Division approval of a HWA at least once every five years,and as required by the
Division.Within 180 days of the effective date of this permit(or any subsequent permit modification)the
Permittee shall submit to the Division a written technical evaluation of the need to revise local limits(i.e.,an
updated HWA or documentation of why one is not needed) [40 CFR 122.44].The Permittee shall develop,in
accordance with 40 CFR 403.5(c)and 15A NCAC 02H.0909, specific Local Limits to implement the prohibitions
listed in 40 CFR 403.5(a)and(b)and 15A NCAC 02H.0909.Pursuant to 40 CFR 403.5, local limits are
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enforceable Pretreatment Standards as defined by 40 CFR 403.3(1). [15A NCAC 02H .0903(b)(10), .0905,and
.0906(b)(4)]
5. Industrial User Pretreatment Permits(IUP)&Allocation Tables
In accordance with NCGS 143-215.1,the Permittee shall issue to all Significant Industrial Users,permits for
operation of pretreatment equipment and discharge to the Permittee's collection system or treatment works.These
permits shall contain limitations,sampling protocols,reporting requirements,appropriate standard and special
conditions,and compliance schedules as necessary for the installation of treatment and control technologies to
assure that their wastewater discharge will meet all applicable pretreatment standards and requirements.The
Permittee shall maintain a current Allocation Table(AT)which summarizes the results of the HWA and the limits
from all IUPs.Permitted IUP loadings for each parameter cannot exceed the treatment capacity of the POTW as
determined by the HWA. [15A NCAC 02H .0906(b)(6),.0909, .0916,and.0917;40 CFR 403.5,403.8(f)(1)(iii);
NCGS 143-215.67(a)]
6. Authorization to Construct(AtC)
The Permittee shall ensure that an Authorization to Construct permit(AtC)is issued to all applicable Industrial
Users for the construction or modification of any pretreatment facility.Prior to the issuance of an AtC,the
proposed pretreatment facility and treatment process must be evaluated for its capacity to comply with all
Industrial User Pretreatment Permit(IUP)limitations. [15A NCAC 02H .0906(b)(7)and.0905;NCGS 143-
215.1(a)(8)]
7. POTW Inspection&Monitoring of their IUs
The Permittee shall conduct inspection,surveillance,and monitoring activities as described in its Division
approved pretreatment program in order to determine,independent of information supplied by Industrial Users,
compliance with applicable pretreatment standards. [15A NCAC 02H .0908(e);40 CFR 403.8(f)(2)(v)] The
Permittee must:
a. Inspect all Significant Industrial Users(SIUs)at least once per calendar year;
b. Sample all Significant Industrial Users(SIUs)at least once per calendar year for all SIU permit-limited
parameters including flow except as allowed under 15A NCAC .0908(e);and
c. At least once per year,document an evaluation of any non-sigicant categorical Industrial User for
compliance with the requirements in 40 CFR 403.3(v)(2),ancither continue or revoke the designation as non-
significant.
8. IU Self Monitoring and Reporting
The Permittee shall require all Industrial Users to comply with the applicable monitoring and reporting
requirements outlined in the Division-approved pretreatment program,the industry's pretreatment permit,or in 15A
NCAC 02H .0908. [15A NCAC 02H .0906(b)(5)and.0905;40 CFR 403.8(f)(1)(v)and(2)(iii);40 CFR
122.44(j)(2)and 40 CFR 403.12]
9. Enforcement Response Plan(ERP)
The Permittee shall enforce and obtain appropriate remedies for violations of all pretreatment standards
promulgated pursuant to section 307(b)and(c)of the CWA(40 CFR 405 et. seq.),prohibitive discharge standards
as set forth in 40 CFR 403.5 and 15A NCAC 02H .0909,specific local limitations,and other pretreatment
requirements.All remedies,enforcement actions and other,shall be consistent with the Enforcement Response
Plan(ERP)approved by the Division. [15A NCAC 02H .0903(b)(7), .0906(b)(8)and.0905;40 CFR 403.8(0(5)]
10. Pretreatment Annual Reports(PAR)
The Permittee shall report to the Division in accordance with 15A NCAC 02H .0908.In lieu of submitting annual
reports,Modified Pretreatment Programs developed under 15A NCAC 02H .0904(b)may be required to submit a
partial annual report or to meet with Division personnel periodically to discuss enforcement of pretreatment
requirements and other pretreatment implementation issues.
For all other active pretreatment programs,the Permittee shall submit two copies of a Pretreatment Annual Report
(PAR)describing its pretreatment activities over the previous calendar year to the Division at the following
address:
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NC DEQ/Division of Water Resources/Water Quality Permitting Section
Pretreatment,Emergency Response,and Collection Systems(PERCS)Unit
1617 Mail Service Center
Raleigh,North Carolina 27699-1617
These reports shall be submitted by March 1 of each year and shall contain the following:
a. Narrative
A narrative summary detailing actions taken,or proposed,by the Permittee to correct significant non-
compliance and to ensure compliance with pretreatment requirements;
b. Pretreatment Program Summary(PPS)
A pretreatment program summary(PPS)on forms or in a format provided by the Division;
c. Significant Non-Compliance Report(SNCR)
A list of Industrial Users(IUs)in significant noncompliance(SNC)with pretreatment requirements, and the
nature of the violations on forms or in a format provided by the Division;
d. Industrial Data Summary Forms(IDSF)
Monitoring data from samples collected by both the POTW and the Significant Industrial Users(SIUs).These
analytical results must be reported on Industrial Data Summary Forms(IDSF)or on other forms or in a format
provided by the Division;
e. Other Information
Copies of the POTW's allocation table,new or modified enforcement compliance schedules,public notice of
IUs in SNC,a summary of data or other information related to significant noncompliance determinations for
IUs that are not considered SIUs,and any other information,upon request,which in the opinion of the Director
is needed to determine compliance with the pretreatment implementation requirements of this permit;
11. Public Notice
The Permittee shall publish annually a list of Industrial Users(IUs)that were in significant noncompliance(SNC)
as defined in the Permittee's Division-approved Sewer Use Ordinance with applicable pretreatment requirements
and standards during the previous twelve month period.This list shall be published within four months of the
applicable twelve-month period. [15A NCAC 02H .0903(b)(34), .0908(b)(5)and.0905 and 40 CFR
403.8(f)(2)(viii)]
12. Record Keeping
The Permittee shall retain for a minimum of three years records of monitoring activities and results,along with
support information including general records,water quality records,and records of industrial impact on the
POTW and shall retain all other Pretreatment Program records as required by 15A NCAC 02H .0908(f). [15A
NCAC 02H .0908(f);40 CFR 403.12(o)]
13. Pretreatment Program Resources
The Permittee shall maintain adequate funding and qualified personnel to accomplish the objectives of its approved
pretreatment program.and retain a written description of those current levels of inspection. [I5A NCAC 02H
.0906(b)(9)and(10)and.0905;40 CFR 403.8(f)(3),403.9(b)(3)]
14. Modification to Pretreatment Programs
Modifications to the approved pretreatment program including but not limited to local limits modifications, POTW
monitoring of their Significant Industrial Users(SIUs),and Monitoring Plan modifications,shall be considered a
permit modification and shall be governed by 40 CFR 403.18, 15 NCAC 02H .0114 and 15A NCAC 02H .0907.
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