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HomeMy WebLinkAboutNC0064726_Issuance (Permit)_20190617DocuSign Envelope ID: AF977D07-08DC-4C50-932C-C11362E173007 ROY COOPER Governor MICHAEL S. RAGAN Secretary LINDA CULPEPPER Director N0F?TH CAROLINA E."Wronmerdal Quailly 6/17/2019 The Honorable Archie Hicks, Mayor Town of East Bend 108 West Main Street East Bend, NC 27108 Subject: Issuance of NPDES Permit NCO064726 Grade WW-II Biological East Bend Industrial Park WWTP Yadkin County Your Honor: The Division of Water Resources (DWR or the Division) hereby issues the attached NPDES permit for the subject facility. 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. Changes for Renewal. The Division understands that you have made no significant changes in your wastewater treatment processes since last renewal. Therefore, we have made only minimal changes to your permit by updating your facility description and site map, and have also added relevant regulatory citations to permit sections for your convenience. Division records show that you have successfully registered with the eDMR Program. Please be reminded that until the state's eDMR application is approved compliant with EPA's Cross -Media Electronic Reporting Regulation (CROMERR), all permittees must continue to submit hardcopy of DMRs as backup to eDMR reporting [see permit section A. (2.)]. If any parts, measurement frequencies, or sampling requirements contained in this permit are unacceptable, you have the right to an adjudicatory hearing, upon written request submitted within thirty (30) days after receiving this letter. Your request must take the form of a written petition conforming to Chapter 150B of the North Carolina General Statutes and must be filed with the Office of Administrative Hearings, 6714 Mail Service Center, Raleigh, North Carolina 27699-6714. Unless such a demand is made, this permit shall be final and binding. North Carolina Department of Environmental Quality I Division of Water Resources 512 North Salisbury Street 11617 Mail Service Center I Raleigh, North Carolina 27699-1617 -- 919.707.9000 DocuSign Envelope ID: AF977D07-08DC-4C50-932C-C1B62E173007 Mayor Archie Hicks Town of East Bend Permit Renewal Issuance Page 2 of 2 This permit is not transferable except after notifying the Division of Water Resources. The Division may require modification, or revocation and re -issuance of this permit. Please notice that this permit does not affect your legal obligation to obtain other permits required by the Division of Water Resources, the Division of Land Resources, the Coastal Area Management Act, or other federal or local governments. If you have questions, or if we can further assist you, please contact Joe R. Corporon P.G. at fioe.corporon(i�ncdenngov] or call his direct line (919) 707-3617. Respectfully, DocuSigned by: 8328B44CE9EB4A1... Linda Culpepper, Director Division of Water Resources Enclosure: NPDES Permit NC0064726 (issuance final) hc: NPDES Program Files Central Files ec: DWR/WSRO, attn Lon Snider; Justin Henderson OCU Maureen Kinney DocuSign Envelope ID: AF977D07-08DC-4C50-932C-C11362E173007 Permit NCO064726 Class WW-2 STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENTAL QUALITY DIVISION OF WATER RESOURCES PERMIT TO DISCHARGE WASTEWATER UNDER THE NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM (NZDES) In compliance with the provisions 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, the Town of East Bend is hereby authorized to discharge wastewater from a facility located at the East Bend Industrial Park WWTP Salem Trail, East Bend Yadkin County to receiving waters designated as an unnamed tributary to the Yadkin River in the Yadkin -Pee Dee River Basin in accordance with effluent limitations, monitoring requirements, and other conditions set forth in Parts I, II, III and IV hereof. This permit shall become effective My 1, 2019. This permit and authorization to discharge shall expire at midnight on December 31, 2023. Signed this day 6/17/2019 DocuSigned by: C �k 8328B44CE9EB4A1 Linda Culpepper, Director Division of Water Resources By Authority of the Environmental Management Commission Page 1 of 6 DocuSign Envelope ID: AF977D07-08DC-4C50-932C-C11362E173007 Permit NCO064726 Class WW-2 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. Town of East Bend is hereby authorized to: continue to operate an existing 0.010 MGD wastewater treatment facility with the following components: ♦ extended aeration ♦ settling ♦ sludge holding ♦ UV disinfection ♦ backup chlorination and dechlorination these facilities located at the East Bend Industrial Park, off Salem Trail, in East Bend, Yadkin County, and 2. discharge from said treatment works via Outfall 001 into an unnamed tributary (UT) to the Yadkin River [stream Index 12-(71)], a waterbody currently classified WS-IV within subbasin 03-07-02 [HUC: 03040101] of the Yadkin -Pee Dee River Basin. Page 2 of 6 DocuSign Envelope ID: AF977D07-08DC-4C50-932C-C11362E173007 PART I Permit NCO064726 Class WW-2 A. (L) EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS [15A NCAC 02B .0400 et seq., 02B .0500 et seq.]; Grade II Biological WPCS [15A NCAC 08G .0302] During the period beginning on the effective date of this permit and lasting until expiration, the permittee is authorized to discharge from Outfall 001. Such discharges shall be limited, monitored and reported 1 by the Permittee as specified below: EFFLUENT CHARACTERISTICS Parameter Code LIMITS MONITORING REQUIREMENTS Monthly Average Weekly Average Daily Max Measurement Frequency Sample Type Sample Location2 Flow 50050 0.01 MGD Continuous Recording I or E BOD, 5-day, 20° C 3 C0310 30.0 mg/L 45.0 mg/L Weekly Grab I & E Total Suspended Solids 3 C0530 30.0 mg/L 45.0 mg/L Weekly Grab I & E NH3 as N (Apr 1 — Oct 31) C0610 3.5 mg/L 10.5 mg/L Weekly Grab E NH3 as N (Nov 1 — Mar 31) C0610 12.0 mg/L 35.0 mg/L Weekly Grab E Total Residual Chlorine 4, 5 50060 28 µg/L 2/Week Grab E Fecal Coliform (geometric mean) 31616 200/100 ml 400/100ml Weekly Grab E Dissolved Oxygen 00300 Daily Average > 5.0 mg/L Weekly Grab E Temperature (°C) 00010 Monitor & Report Weekly Grab E pH 00400 > 6.0 and < 9.0 standard units Weekly Grab E Oil and Grease 00556 30 mg/L 1 60 mg/L I Weekly Grab E Total Phosphorus C0665 Monitor & Report Quarterly Grab E Total Nitrogen (NO2+NO3+TKN) C0600 Monitor & Report Quarterly Grab E Dissolved Oxygen 00300 Monitor & Report Weekly Grab U, D Temperature (°C) 00010 Monitor & Report Weekly Grab U, D Footnotes: The Permittee shall submit electronic discharge monitoring reports using NC DWR's eDMR application system [See Condition A. (2.)]. I = influent; E = effluent. U: Upstream at least 100 feet from the outfall. D: Downstream at least 300 feet from outfall. The monthly average effluent concentrations of BOD5 and Total Suspended Solids shall not exceed 15 percent of the respective monthly average influent value (i.e., 85% removal required). TRC limit and monitoring required only if chlorine is added to the treatment system. The Division shall consider compliant all effluent TRC values reported below 50 ug/l permit. However, the Permittee shall continue to record and submit all values reported by a North -Carolina certified test method (including field certified), even if these values fall below 50 ug/l. Condition: The Permittee shall discharge no floating solids or foam visible in other than trace amounts. Page 3 of 6 DocuSign Envelope ID: AF977D07-08DC-4C50-932C-C11362E173007 Permit NCO064726 Class WW-2 A. (2.) 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.) • Section D. (6.) • Section E. (5.) Reporting Records Retention Monitoring Reports 1. Reporting Requirements [Supersedes Section D. (2.) and Section E. (5.) (a)1 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 DEQ / 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 Sewer Overflow/Bypass Event Reports; Page 4 of 6 DocuSign Envelope ID: AF977D07-08DC-4C50-932C-C1 B62E1 73007 Permit NC0064726 Class WW-2 • 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: hqps://www.federalregister.gov/documents/2015/10/22/2015- 24954/national-pollutant-discharge-elimination-system-npdes-electronic-reporting-rule Electronic submissions must start by the dates listed in the "Reporting Requirements" section above. 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: hqp:Hdeq.nc.gov/about/divisions/water-resources/edmr 4. Signatory Requirements [Supplements Section B. (11.) (b) & Supersedes Section B. (11.) (d)1 All eDMRs submitted to the permit issuing authority shall be signed by a person described in Part II, Section B. (I 1.)(a) or by a duly authorized representative of that person as described in Part II, Section B. (I 1.)(b). A person, and not a position, must be delegated signatory authority for eDMR reporting purposes. Page 5 of 6 DocuSign Envelope ID: AF977D07-08DC-4C50-932C-C11362E173007 Permit NC0064726 Class WW-2 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: hqp:Hdeq.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.)1 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 6 of 6 )ocuSign Envelope ID: AF977D07-08DC-4C50-932C-C1B62E173007 I NC Hwy 67 1 • 0 � f 7 y/ rIN UT to the Yadkin River - ...... (flows SE) -�: � r` -,� Ei��•::;;��__ 1, •�,;J t.� ; ; ��``_ gizzf- jA �r Flint Hill Road East Bend Industrial Park WWTP State Grid / USGS Quad: C16NE / East Bend Receiving Stream: UT to Yadkin River Stream Class: WS-IV Lat.: 36012' 38" Subbasin: 03-07-02 Long.: 800 27' 30" 0 Outfa11001 i r/ x Facility Location Noah FNPDES Permit NC0064726 Yadkin County DocuSign Envelope ID: AF977D07-08DC-4C50-932C-C1 B62E1 73007 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 Dav The period from midnight of one day until midnight of the next day. However, for purposes of this permit, any consecutive 24-hour period that reasonably represents the calendar day may be used for sampling. Calendar Week The period from Sunday through the following Saturday. 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 Version 512009 DocuSign Envelope ID: AF977D07-08DC-4C50-932C-C1B62E173007 NPDES Permit Standard Conditions Page 2of18 totalizer, and the preset gallon interval between sample collection fixed at no greater than 1 /24 of the expected total daily flow at the treatment system, or (4) Constant time/constant volume: a series of grab samples of equal volume collected over a 24-hour period at a constant time interval. Use of this method requires prior approval by the Director. This method may only be used in situations where effluent flow rates vary less than 15 percent. The following restrictions also apply: ➢ Influent and effluent grab samples shall be of equal size and of no less than 100 milliliters ➢ Influent samples shall not be collected more than once per hour. ➢ 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. The "daily discharge" concentration comprises the mean concentration for a 24-hour sampling period as either a composite sample concentration or the arithmetic mean of all grab samples collected during that period. (40 CFR 122.2) 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). DWQ or "the Division" The Division of Water Quality, Department of Environment and Natural Resources. 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. Version 512009 DocuSign Envelope ID: AF977D07-08DC-4C50-932C-C1B62E173007 NPDES Permit Standard Conditions Page 3of18 Grab Sample Individual samples of at least 100 ml collected over a period of time not exceeding 15 minutes. Grab samples can be collected manually. Grab samples must be representative of the discharge (or the receiving stream, for instream samples). Hazardous Substance Any substance designated under 40 CFR Part 116 pursuant to Section 311 of the CWA. Instantaneous flow measurement A measure of flow taken at the time of sampling, when both the sample and flow will be representative of the total discharge. 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, the geometric mean of such discharges. Permit Issuing Authority The Director of the Division of Water Quality. Quarterly Average (concentration limit) The average 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. Up -set 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, 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. Version 512009 DocuSign Envelope ID: AF977D07-08DC-4C50-932C-C11362E173007 NPDES Permit Standard Conditions Page 4of18 b. The CWA provides that any person who violates section[s] 301, 302, 306, 307, 308, 318 or 405 of the Act, or any permit condition or limitation implementing any such sections in a permit issued under section 402, or any requirement imposed in a pretreatment program approved under sections 402 (a) (3) or 402 (b) (8) of the Act, is subject to a civil penalty not to exceed $37,500 per day for each violation. [33 USC 1319 (d) and 40 CFR 122.41 (a) (2)] c. The CWA provides that any person who negligently violates sections 301, 302, 306, 307, 308, 318, or 405 of the Act, or any condition or limitation implementing any of such sections in a permit issued under section 402 of the Act, or any requirement imposed in a pretreatment program approved under section 402(a)(3) or 402(b)(8) of the Act, is subject to criminal penalties of $2,500 to $25,000 per day of violation, or imprisonment of not more than 1 year, or both. In the case of a second or subsequent conviction for a negligent violation, a person shall be subject to criminal penalties of not more than $50,000 per day of violation, or by imprisonment of not more than 2 years, or both. [33 USC 1319 (c) (1) and 40 CFR 122.41 (a) (2)] d. Any person who knomingly 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 1219 (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 H. 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 Version 512009 DocuSign Envelope ID: AF977D07-08DC-4C50-932C-C1B62E173007 NPDES Permit Standard Conditions Page 5of18 of the Federal Act, 33 USC 1319. Furthermore, the Permittee is responsible for consequential damages, such as fish kills, even though the responsibility for effective compliance may be temporarily suspended. 4. Oil and Hazardous Substance Liability Nothing in this permit shall be construed to preclude the institution of any legal action or relieve the Permittee from any responsibilities, liabilities, or penalties to which the Permittee is or may be subject to under NCGS 143- 215.75 et seq. or Section 311 of the Federal Act, 33 USG 1321. Furthermore, the Permittee is responsible for consequential damages, such as fish kills, even though the responsibility for effective compliance may be temporarily suspended. 5. Property Rights The issuance of this permit does not convey any property rights in either real or personal property, or any exclusive privileges, nor does it authorize any injury to private property or any invasion of personal rights, nor any infringement of Federal, State or local laws or regulations [40 CFR 122.41 (g)]. 6. Onshore or Offshore Construction This permit does not authorize or approve the construction of any onshore or offshore physical structures or facilities or the undertaking of any work in any navigable waters. 7. Severability The provisions of this permit are severable. If any provision of this permit, or the application of any provision of this permit to any circumstances, is held invalid, the application of such provision to other circumstances, and the remainder of this permit, shall not be affected thereby [NCGS 15013-23]. 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. 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 Version 512009 DocuSign Envelope ID: AF977D07-08DC-4C50-932C-C11362E173007 NPDES Permit Standard Conditions Page 6of18 term environmental compliance with environmental laws and regulations; the manager can ensure that the necessary systems are established or actions taken to gather complete and accurate information for permit application requirements; and where authority to sign documents has been assigned or delegated to the manager in accordance with corporate procedures . (2) For a partnership or sole proprietorship: by a general partner or the proprietor, respectively; or (3) For a municipality, State, Federal, or other public agency: by either a principal executive officer or ranking elected official [40 CFR 122.22]. b. All reports required by the permit and other information requested by the Permit Issuing Authority shall be signed by a person described in paragraph a. above or by a duly authorized representative of that person. A person is a duly authorized representative only if- 1 . The authorization is made in writing by a person described above; 2. The authorization specified either an individual or a position having responsibility for the overall operation of the regulated facility or activity, such as the position of plant manager, operator of a well or well field, superintendent, a position of equivalent responsibility, or an individual or position having overall responsibility for environmental matters for the company. (A duly authorized representative may thus be either a named individual or any individual occupying a named position.); and 3. The written authorization is submitted to the Permit Issuing Authority [40 CFR 122.22] c. Changes to authorization: If an authorization under paragraph (b) of this section is no longer accurate because a different individual or position has responsibility for the overall operation of the facility, a new authorization satisfying the requirements of paragraph (b) of this section must be submitted to the Director prior to or together with any reports, information, or applications to be signed by an authorized representative [40 CFR 122.22] d. Certification. Any person signing a document under paragraphs a. or b. of this section shall make the following certification [40 CFR 122.22]. NO OTHER STATEMENTS OF CERTIFICATION WILL BE ACCEPTED: "/ 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." 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 214.0100; 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 214.0105 (b) (2) may cause this Division to initiate action to revoke the permit. Version 512009 DocuSign Envelope ID: AF977D07-08DC-4C50-932C-C11362E173007 NPDES Permit Standard Conditions Page 7of18 Section C. Operation and Maintenance of Pollution Controls Certified Operator Upon classification of the permitted facility by the Certification Commission, the Permittee shall employ a certified water pollution control treatment system operator in responsible charge (ORC) of the water pollution control treatment system. Such operator must hold a certification of the grade equivalent to or greater than the classification assigned to the water pollution control treatment system by the Certification Commission. The Permittee must also employ one or more certified Back-up ORCs who possess a currently valid certificate of the type of the system. Back-up ORCs must possess a grade equal to (or no more than one grade less than) the grade of the system [15A NCAC 8G.0201]. The ORC of each Class I facility 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 8G.0204. The ORC of each Class II, III and IV facility must: ➢ Visit the facility as often as is necessary to insure proper operation of the treatment system; the treatment facility must be visited at least five days per week, excluding holidays ➢ Properly manage and document daily operation and maintenance of the facility ➢ Comply with all other conditions of 15A NCAC 8G.0204. Once the facility is classified, the Permittee shall submit a letter to the Certification Commission designating the operator in responsible charge: a. Within 60 calendar days prior to wastewater being introduced into a new system b. Within 120 calendar days of: ➢ Receiving notification of a change in the classification of the system requiring the designation of a new ORC and back-up ORC ➢ A vacancy in the position of ORC or back-up ORC. 2. Proper Operation and Maintenance The Permittee shall at all times provide the operation and maintenance resources necessary to operate the existing facilities at optimum efficiency. 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)] Version 512009 DocuSign Envelope ID: AF977D07-08DC-4C50-932C-C11362E173007 NPDES Permit Standard Conditions Page 8of18 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 H. E. 6. (24-hour notice). c. Prohibition of Bypass (1) Bypass from the treatment facility is prohibited and the Permit Issuing Authority may take enforcement action against a Permittee for bypass, unless: (A) Bypass was unavoidable to prevent loss of life, personal injury or severe property damage; (B) There were no feasible alternatives to the bypass, such as the use of auxiliary treatment facilities, retention of untreated wastes or maintenance during normal periods of equipment downtime. This condition is not satisfied if adequate backup equipment should have been installed in the exercise of reasonable engineering judgment to prevent a bypass which occurred during normal periods of equipment downtime or preventive maintenance; and (C) The Permittee submitted notices as required under Paragraph b. of this section. (2) Bypass from the collection system is prohibited and the Permit Issuing Authority may take enforcement action against a Permittee for a bypass as provided in any current or future system -wide collection system permit associated with the treatment facility. (3) The Permit Issuing Authority may approve an anticipated bypass, after considering its adverse effects, if the Permit Issuing Authority determines that it will meet the three conditions listed above in Paragraph c. (1) of this section. 5. Upsets a. Effect of an upset [40 CFR 122.41 (n) (2)]: An upset constitutes an affirmative defense to an action brought for noncompliance with such technology based permit effluent limitations if the requirements of paragraph b. of this condition are met. No determination made during administrative review of claims that noncompliance was caused by upset, and before an action for noncompliance, is final administrative action subject to judicial review. b. Conditions necessary for a demonstration of upset: Any Permittee who wishes to establish the affirmative defense of upset shall demonstrate, through properly signed, contemporaneous operating logs, or other relevant evidence that: (1) An upset occurred and that the Permittee can identify the cause(s) of the upset; (2) The Permittee facility was at the time being properly operated; and (3) The Permittee submitted notice of the upset as required in Part II. E. 6. (b) of this permit. (4) The Permittee complied with any remedial measures required under Part II. B. 2. of this permit. c. Burden of proof [40 CFR 122.41 (n) (4)]: The Permittee seeking to establish the occurrence of an upset has the burden of proof in any enforcement proceeding. 6. Removed Substances Solids, sludges, filter backwash, or other pollutants removed in the course of treatment or control of wastewaters shall be utilized/disposed of in accordance with NCGS 143-215.1 and in a manner such as to prevent any pollutant from such materials from entering waters of the State or navigable waters of the United States. The Permittee shall comply with all existing Federal regulations governing the disposal of sewage sludge. Upon promulgation of 40 CFR Part 503, any permit issued by the Permit Issuing Authority for the utilization/disposal of sludge may be Version 512009 DocuSign Envelope ID: AF977D07-08DC-4C50-932C-C1 B62E1 73007 NPDES Permit Standard Conditions Page 9of18 reopened and modified, or revoked and reissued, to incorporate applicable requirements at 40 CFR 503. The Permittee shall comply with applicable 40 CFR 503 Standards for the Use and Disposal of Sewage Sludge (when promulgated) within the time provided in the regulation, even if the permit is not modified to incorporate the requirement. 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 2H.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 Representative Sampling Samples collected and measurements taken, as required herein, shall be characteristic of the volume and nature of the permitted discharge. Samples collected at a frequency less than daily shall be taken on a day and time that is characteristic of the discharge over the entire 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 122.410)]. 2. Reporting Monitoring results obtained during the previous month(s) shall be summarized for each month and reported on a monthly Discharge Monitoring Report (DMR) Form (MR 1, 1.1, 2, 3) or alternative forms approved by the Director, postmarked no later than the last calendar day of the month following the completed reporting period. The first DMR is due on the last day of the month following the issuance of the permit or in the case of a new facility, on the last day of the month following the commencement of discharge. Duplicate signed copies of these, and all other reports required herein, shall be submitted to the following address: NC DENR / Division of Water Quality / Water Quality 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 htW://h2o.enr.state.nc.us/lab/cert.htm) for information regarding laboratory certifications. Version 512009 DocuSign Envelope ID: AF977D07-08DC-4C50-932C-C1B62E173007 NPDES Permit Standard Conditions Page 10 of 18 Personnel conducting testing of field -certified parameters must hold the appropriate field parameter 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 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 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; Version 512009 DocuSign Envelope ID: AF977D07-08DC-4C50-932C-C1 B62E1 73007 NPDES Permit Standard Conditions Page 11 of 18 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 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 122.410)]. 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). 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 122.410) (2)]. 4. Transfers This permit is not transferable to any person without approval from the Director. The Director may require modification or revocation and reissuance of the permit to document the change of ownership. Any such action may incorporate other requirements as may be necessary under the CWA [40 CFR 122.41 (1) (3)]. 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, 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)]. Version 512009 DocuSign Envelope ID: AF977D07-08DC-4C50-932C-C1 B62E1 73007 NPDES Permit Standard Conditions Page 12 of 18 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) 662-7956, (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 122.410) (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 122.410) (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. 10. Availabilityoports Except for data determined to be confidential under NCGS 143-215.3 (a)(2) or Section 308 of the Federal Act, 33 USC 1318, all reports prepared in accordance with the terms shall be available for public inspection at the offices of the Division. As required by the Act, effluent data shall not be considered confidential. Knowingly making any false statement on any such report may result in the imposition of criminal penalties as provided for in NCGS 143-215.1(b)(2) or in Section 309 of the Federal Act. 11. Penalties for Falsification of Reports The CWA provides that any person who knowingly makes any false statement, representation, or certification in any record or other document submitted or required to be maintained under this permit, including monitoring reports or reports of compliance or noncompliance shall, upon conviction, be punished by a fine of not more than $25,000 per violation, or by imprisonment for not more than two years per violation, or by both [40 CFR 122.41]. 12. Annual Performance Reports Permittees who own or operate facilities that collect or treat municipal or domestic waste 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. Version 512009 DocuSign Envelope ID: AF977D07-08DC-4C50-932C-C1 B62E1 73007 NPDES Permit Standard Conditions Page 13of18 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 DENR / DWQ / Central Files 1617 Mail Service Center Raleigh, NC 27699-1617 PART III OTHER REQUIREMENTS Section A. Construction 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 the Division has issued an Authorization to Construct (AtC) permit. 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 000 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 0 mg/L) for antimony; (3) Ten times the maximum concentration value reported for that pollutant in the permit application. Section D. Evaluation of Wastewater Discharge Alternatives The Permittee shall evaluate all wastewater disposal alternatives and pursue the most environmentally sound alternative of the reasonably cost effective alternatives. If the facility is in substantial non-compliance with the terms and conditions of the NPDES permit or governing rules, regulations or laws, the Permittee shall submit a report in such form and detail as required by the Division evaluating these alternatives and a plan of action within 60 days of notification by the Division. Section E. 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. Version 512009 DocuSign Envelope ID: AF977D07-08DC-4C50-932C-C1 B62E1 73007 NPDES Permit Standard Conditions Page 14 of 18 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 (b) (i) and (j)] 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 POTW's NPDES Permit or prevents sewage sludge use or disposal in compliance with specified applicable State and Federal statutes, regulations, or permits. [15A NCAC 214.0903 (b) (13)] Pass ThrouVh 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 POTW's NPDES permit, or of an instream water quality standard. [15A NCAC 2H.0903 (b) (23)] Publicly Owned Treatment Works (POTW). A treatment works as defined by Section 212 of the CWA, owned by a State or local government entity. 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 sewers, pipes, and other conveyances only if they convey wastewater to a POTW. The term also means the local government entity, 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. [15A NCAC 2H.0903 (b) (27)] "Significant Industrial User" or "SIU" An industrial user that discharges wastewater into a publicly owned treatment works and that [15A NCAC 2H.0903 (b) (34)]: (a) discharges an average of 25,000 gallons or more per day of process wastewater to the POTW (excluding sanitary, noncontact cooling and boiler blowdown wastewaters) or; (b) contributes more than 5 percent of the design flow of the POTW treatment plant or more than 5 percent of the maximum allowable headworks loading of the POTW treatment plant for any pollutant of concern, or; (c) is required to meet a national categorical pretreatment standard, or; (d) is, regardless of Parts (a), (b), and (c) of this definition, otherwise determined by the POTW, the Division, or the EPA to have a reasonable potential for adversely affecting the POTW's operation or for violating any pretreatment standard or requirement or POTW's receiving stream standard, or to limit the POTW's sludge disposal options. Section B. Publicly Owned Treatment Works (POTWs� All POTWs are required to prevent the introduction of pollutants into the POTW which will interfere with the operation of the POTW, including interference with its use or disposal of municipal sludge, or pass through the treatment works or otherwise be incompatible with such treatment works. [40 CFR 403.2] All POTWs must provide adequate notice to the Director of the following [40 CFR 122.42 (b)]: Version 512009 DocuSign Envelope ID: AF977D07-08DC-4C50-932C-C1 B62E1 73007 NPDES Permit Standard Conditions Page 15of18 1. Any new introduction of pollutants into the POTW from an indirect discharger, including pump and hauled waste, 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. Effluent limitations are listed in Part I of this permit. Other pollutants attributable to inputs from industries using the municipal system 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. Under no circumstances shall the Permittee allow 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 214.0900 and 40 CFR 403. [40 CFR 403.5 (a) (1)] b. Under no circumstances shall the Permittee allow 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 may 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, nonbiodegradable 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; 8. Any trucked or hauled pollutants, except at discharge points designated by the POTW. The Permittee shall investigate the source of all discharges into the WWTP, 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 WWTP. The Permittee shall report such discharges into the WWTP 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 Version 512009 DocuSign Envelope ID: AF977D07-08DC-4C50-932C-C1B62E173007 NPDES Permit Standard Conditions Page 16of18 and times; and 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, 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 discharger sending its effluent to the permitted system to meet Federal Pretreatment Standards promulgated in response to Section 307(b) of the Act as amended (which includes categorical standards and locally derived limits and narrative requirements). Prior to accepting wastewater from any significant industrial user, the Permittee shall either develop and submit to the Division a new Pretreatment Program or a modification of an existing Pretreatment Program, for approval as required under section D below as well as 15A NCAC 2H.0907 (a) and (b). [40 CFR 122.44 0) (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 2H.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 0) (2)] The Permittee shall operate its approved pretreatment program in accordance with Section 402 (b) (8) of the CWA, 40 CFR 403, 15A NCAC 2H.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 2H.0903 and 40 CFR 403.3. Sewer Use Ordinance (SILO) The Permittee shall maintain adequate legal authority to implement its approved pretreatment program. [15A NCAC 2H.0905 and .0906; 40 CFR 403.8 (f) (1) and 403.9 (1), (2)] 2. Industrial Waste Survey (IWS) The permittee shall implement an IWS consisting of the survey of users of the POTW, as required by 40 CFR 403.8 (fl (2) (i-iii) and 15A NCAC 2H.0905 [also 40 CFR 122.44 (j) (1)], including identification of all industrial users 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. 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 B, 2, c, of this Part. 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 Part II, Section D, and Section E.S.). [15A NCAC 2H.0906 (b) (2) 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 Version 512009 DocuSign Envelope ID: AF977D07-08DC-4C50-932C-C1B62E173007 NPDES Permit Standard Conditions Page 17of18 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 2H.0909, specific Local Limits to implement the prohibitions listed in 40 CFR 403.5 (a) and (b) and 15A NCAC 214.0909. 5. Industrial User Pretreatment Permits (!UP) & 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 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 2H.0909, .0916, and .0917; 40 CFR 403.5, 403.8 (f) (1) (iii); NCGS 143- 215.67 (a)] 6. Authorization to Construct (AtQ 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 2H.0906 (b) (6) and .0905; NCGS 143- 215.1 (a) (8)] 7. POTW Inspection & Monitoring of their SIUs 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 214.0908 (d); 40 CFR 403.8 (f) (2) (v)] The Permittee must: a. Inspect all SIUs at least once per calendar year; and b. Sample all SIUs at least twice per calendar year for all permit -limited pollutants, once during the period from January 1 through June 30 and once during the period from July 1 through December 31, except for organic compounds which shall be sampled once per calendar year. For the purposes of this paragraph, "organic compounds" means the types of compounds listed in 40 CFR 136.3 (a), Tables IC, ID, and IF, as amended. 8. SIU 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 2H.0908. [15A NCAC 2H.0906 (b) (4) and .0905; 40 CFR 403.8 (f) (1) (v) and (2) (iii); 40 CFR 122.44 0) (2)] 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 214.09091 and specific local limitations. All enforcement actions shall be consistent with the Enforcement Response Plan (ERP) approved by the Division. [15A NCAC 2H.0906 (b) (7) and .0905; 40 CFR 403.8 (f) (5)] 10. Pretreatment Annual Reports (PAR) The Permittee shall report to the Division in accordance with 15A NCAC 214.0908. In lieu of submitting annual reports, Modified Pretreatment Programs developed under 15A NCAC 2H.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. Version 512009 DocuSign Envelope ID: AF977D07-08DC-4C50-932C-C1 B62E1 73007 NPDES Permit Standard Conditions Page 18of18 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 twelve months to the Division at the following address: NC DENR / DWQ / Pretreatment, Emergency Response, and Collection Systems Unit (PERCS) 1617 Mail Service Center Raleigh, NC 27699-1617 These reports shall be submitted according to a schedule established by the Director and shall contain the following: a.) Narrative A brief discussion of reasons for, status of, and actions taken for all SIUs in Significant Non -Compliance (SNC); b.) Pretreatment Program Summary (PPS) A pretreatment program summary (PPS) on specific forms approved by the Division; c.) Significant Non -Compliance Report (SNCR The nature of the violations and the actions taken or proposed to correct the violations on specific forms approved by the Division; d.) Industrial Data Summary Forms (IDSF) Monitoring data from samples collected by both the POTW and the SIU. These analytical results must be reported on Industrial Data Summary Forms (IDSF) or other specific format approved by the Division; e.) Other Information Copies of the POTW's allocation table, new or modified enforcement compliance schedules, public notice of SIUs in SNC, 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 SIUs that were in 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 2H.0903 b) (35), .0908 b) (5) and .0905 and 40 CFR 403.8 W (2) (dW 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. [15A NCAC 2H.0908 (f); 40 CFR 403.12 (o)] 13. Funding and Financial Report The Permittee shall maintain adequate funding and staffing levels to accomplish the objectives of its approved pretreatment program. [15A NCAC 2H.0906 (a) 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 SIUs, and Monitoring Plan modifications, shall be considered a permit modification and shall be governed by 15 NCAC 2H.0114 and 15A NCAC 2H.0907. Version 512009 DocuSign Envelope ID: AF977D07-08DC-4C50-932C-C11362E173007 A� GA NCDENR North Carolina Department of Environment and Natural Resources Pat McCrory Governor April 30, 2014 The Honorable Larry Adams Town of East Bend 108 West Main Street East Bend, NC 27108 Subject: Issuance of NPDES Permit NCO064726 Town of East Bend — East Bend Industrial Park WWTP Yadkin County Dear Mayor Adams: John E. Skvarla, III Secretary Division personnel have reviewed and approved your application for renewal of the subject permit. Accordingly, we are forwarding the attached NPDES discharge 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). This final permit contains the following changes to its terms from those found in the draft permit sent to you on February 26, 2014: • Within the draft permit, upstream and downstream monitoring frequencies for Temperature and Dissolved Oxygen were erroneously displayed as requiring quarterly monitoring. This error has been corrected in the final version of the permit. Monitoring frequencies shall remain weekly for parameters monitored instream, as found in previous versions of the permit. You are reminded of the new condition requiring electronic reporting of discharge monitoring report (DMR) data using the Division's eDMR internet application. This new requirement will become effective on March 1, 2015. 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 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. 1617 Mail Service Center, Raleigh, North Carolina 27699-1617 Phone: 919-807-6300 \Internet: www.ncwaterquality.org An Equal Opportunity 1 Affirmative Action Employer— Made in part by recycled paper DocuSign Envelope ID: AF977D07-08DC-4C50-932C-C1 B62E1 73007 Mayor Larry Adams NC0064726 Permit Renewal 2014 p. 2 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 permits required by the Division of Land Resources, the Coastal Area Management Act or any other Federal or Local governmental permit that may be required. If you have any questions concerning this permit, please contact Bob Sledge at telephone number (919) 807-6398, or via e-mail at bob.sledge@ncdenr.gov. Sincerely, Original signed by John E. Hennessy Thomas A. Reeder, Director Division of Water Resources cc: Central Files Winston-Salem Regional Office/Water Quality NPDES File DocuSign Envelope ID: AF977D07-08DC-4C50-932C-C11362E173007 Permit NCO064726 STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES DIVISION OF WATER RESOURCES PERMIT TO DISCHARGE WASTEWATER UNDER THE NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM In compliance with the provisions 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, the Town of East Bend is hereby authorized to discharge wastewater from a facility located at the East Bend Industrial Park WWTP Salem Trail East Bend Yadkin County to receiving waters designated as an unnamed tributary to the Yadkin River in the Yadkin -Pee Dee River Basin in accordance with effluent limitations, monitoring requirements, and other conditions set forth in Parts I, H, III and IV hereof This permit shall become effective June 1, 2014. This permit and authorization to discharge shall expire at midnight on December 31, 2018. Signed this day April 30, 2014. Ori i� nay John E. Hennessy Thomas A. Reeder, Director Division of Water Resources By Authority of the Environmental Management Commission Page 1 of 6 DocuSign Envelope ID: AF977D07-08DC-4C50-932C-C11362E173007 Permit NCO064726 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. Town of East Bend is hereby authorized to: Continue to operate an existing 0.01 MGD wastewater treatment facility with the following components: ♦ Extended aeration ♦ Settling ♦ Sludge holding ♦ UV disinfection ♦ Backup chlorination and dechlorination The facility is located at the East Bend Industrial Park, off Salem Trail, in East Bend, in Yadkin County. 2. Discharge treated wastewater (via Outfall 001) from said facility into an unnamed tributary to the Yadkin River, a Class WS-IV water in the Yadkin -Pee Dee River Basin. Page 2 of 6 DocuSign Envelope ID: AF977D07-08DC-4C50-932C-C11362E173007 Permit NC0064726 PART I A. (1.) EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS During the period beginning on the effective date of this permit and lasting until expiration, the permittee is authorized to discharge from outfall 001. Such discharges shall be limited and monitored) by the Permittee as specified below: EFFLUENT CHARACTERISTICS LIMITS MONITORING REQUIREMENTS Parameter Code Monthly Average Weekly Average Daily Maximum Measurement Frequency Sample Type Sample Location2 Flow 50050 0.01 MGD Continuous Recording Influent or Effluent BOD, 5-day, 200 C3 C0310 30.0 mg/L 45.0 mg/L Weekly Grab Influent & Effluent Total Suspended Solids3 C0530 30.0 mg/L 45.0 mg/L Weekly Grab Influent & Effluent NH3 as N (April 1 — October 31) C0610 3.5 mg/L 10.5 mg/L Weekly Grab Effluent NH3 as N (November 1 — March 31) C0610 12.0 mg/L 35.0 mg/L Weekly Grab Effluent Total Residual Chlorine4, 5 50060 28 lug/L 2/Week Grab Effluent Fecal Coliform (geometric mean) 31616 200/100 ml 400/100ml Weekly Grab Effluent Dissolved Oxygen 00300 Daily Average >_ 5.0 mg/L Weekly Grab Effluent Temperature (°C) 00010 Monitor & Report Weekly Grab Effluent pH 00400 > 6.0 and < 9.0 standard units Weekly Grab Effluent Oil and Grease 00556 30 mg/L 60 mg/L Weekly Grab Effluent Total Phosphorus C0665 Monitor & Report Quarterly Grab Effluent Total Nitrogen (NO2+NO3+TKN) C0600 Monitor & Report Quarterly Grab Effluent Dissolved Oxygen 00300 Monitor & Report Weekly Grab U, D Temperature (°C) 00010 Monitor & Report Weekly Grab U, D Footnotes: 1. No later than March 1, 2015 (270 days from the effective date of this permit), begin submitting discharge monitoring reports electronically using NC DWR's eDMR application system. See Condition A. (2.). 2. U: Upstream at least 100 feet from the outfall. D: Downstream at least 300 feet from outfall. 3. The monthly average effluent BOD5 and Total Suspended Solids concentrations shall not exceed 15 percent of the respective monthly average influent value (85% removal). 4. TRC limit and monitoring requirements apply only if chlorine is added to the treatment system. 5. The Division shall consider all effluent TRC values reported below 50 ug/l to be in compliance with the permit. However, the Permittee shall continue to record and submit all values reported by a North Carolina certified laboratory (including field certified), even if these values fall below 50 ug/l. There shall be no discharge of floating solids or visible foam in other than trace amounts Page 3 of 6 DocuSign Envelope ID: AF977D07-08DC-4C50-932C-C11362E173007 Permit NCO064726 A. (2.) ELECTRONIC REPORTING OF DISCHARGE MONITORING REPORTS Proposed federal regulations require electronic submittal of all discharge monitoring reports (DMRs) and specify that, if a state does not establish a system to receive such submittals, then permittees must submit DMRs electronically to the Environmental Protection Agency (EPA). The Division anticipates that these regulations will be adopted and is beginning implementation in late 2013. 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 [Supersedes Section D. (2.) and Section E. (5.) (a)1 Beginning no later than 270 days from the effective date of this permit, the permittee shall begin reporting 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 / DWR / Information Processing Unit ATTENTION: Central Files / eDMR 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. Requests for temporary waivers from the NPDES electronic reporting requirements 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 using eDMR. Temporary waivers shall be valid for twelve (12) months and shall thereupon expire. At such time, DMRs shall be submitted electronically to the Division unless the permittee re -applies for and is granted a new temporary waiver by the Division. Page 4 of 6 DocuSign Envelope ID: AF977D07-08DC-4C50-932C-C11362E173007 Permit NCO064726 A. (2.) ELECTRONIC REPORTING OF DISCHARGE MONITORING REPORTS, continued Information on eDMR and application for a temporary waiver from the NPDES electronic reporting requirements is found on the following web page: htlp://portal.ncdenr.org/web/wq/admin/bog/ipu/edmr 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. 2. Signatory Requirements [Supplements Section B. (11.) (b) and supersedes Section B. (11.) (d)1 All eDMRs submitted to the permit issuing authority shall be signed by a person described in Part II, Section B. (I 1.)(a) or by a duly authorized representative of that person as described in Part II, Section B. (I 1.)(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: htlp://portal.ncdenr.org/web/wq/admin/bog/ipu/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. " 3. Records Retention [Supplements Section D. (6.)1 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]. A. (3.) NUTRIENT REOPENER FOR HIGH ROCK LAKE This permit may be reopened and modified to implement nutrient requirements in accordance with any future TMDL and/or nutrient management strategy for High Rock Lake. Page 5 of 6 DocuSign Envelope ID: AF977D07-08DC-4C50-932C-C1 B62E173007 Permit NCO064726 East Bend Industrial Park WWTP Facility • Location USGS Quad Name: Receiving Stream: UT to Yadkin River Stream Class: WS-IV Lat.: 36°12'38" NPDES Permit NCO064726 Subbasin: Yadkin — 03 07 02 Long.: 80°27'30" North Yadkin County Page 6 of 6 DocuSign Envelope ID: AF977D07-08DC-4C50-932C-C1 B62E1 73007 FACT SHEET FOR EXPEDITED PERMIT RENEWALS This form must be completed by Permit Writers for all expedited permits which do not require full Fact Sheets. Expedited permits are generally simple 100% domestics (e.g., schools, mobile home parks, etc) that can be administratively renewed with minor changes but can include facilities with more complex issues (Special Conditions, 303(d) listed water, toxicity testing, instream monitoring, compliance concerns). See Renewal Comments below. Basic Information for Expedited Permit Renewals Permit Writer/Date Joe R. Corporon, P.G, 19Mar2019 Permit Number NCO064726 / Class WW-2; flow = 0.10 MGD Facility Name East Bend Industrial Park WWTP Basin Name/Sub-basin number Yadkin -Pee Dee 03-07-02 Receiving Stream UT to Yadkin River Stream Classification in Permit WS-fV (supporting designated uses Does permit need Daily Max NH3 limits? No Does permit need TRC limits/language? Already included (Uses UV with chlorine backup) Does permit have toxicity testing? No. This facility does not require WET -testing Does permit have Special Conditions? Updated eDMR text Does permit have instream monitoring? D. O. & Temperature: Data show normal seasonal variation. No D.O. issues noted. Is the stream impaired (on 303(d) list)? No Any obvious compliance concerns? No Any permit mods since lastpermit? No Current expiration date December 31, 2018 New expiration date December 31, 2023 Comments received on Draft Permit? No Renewal Comments: • Permit renewal includes updated text, map and regulatory citations. • POC: No metals/RPA not required • The Permittee has made no significant changes to wastewater treatment since 2014 renewal. • Compliance history generally good: the permittee received only BIMS-generated frequency violations described by W-SRO as "calculation errors" and "split -week" violations. • W-SRO Staff Report/inspection (Jan2017) noted "everything in good condition and well maintained; no discrepancies or violations noted." • Receiving -stream designated use is "supported." No changes recommended for renewal. [original signed by Joe Corporon] Joe Corporon, NPDES Compliance and Expedited Permitting Unit DocuSign Envelope ID: AF977D07-08DC-4C50-932C-C11362E173007 PERMIT FACILITY PORT MOI• EPORT YEA LOCATION PARAMETER VIOLATIONDATE FREQUENCY UNITS VIOLATION TYPE VIOLATION ACTION VIOLATION COMMENT kST UPDATED BY ID NC0064726 Town of East Bend - 9 2018 Effluent Flow, in conduit or thru treatment plant 09/01/2018 Continuous mgd Frequency Violation None bimsprod.cron NC0064726 Town of East Bend - 2 2017 Effluent Solids, Total Suspended - Concentration 02/04/2017 Weekly mg/I Frequency Violation No Action, BIMS Calculation Error ron.boone NC0064726 Town of East Bend - 2 2017 Effluent pH 02/04/2017 Weekly su Frequency Violation No Action, BIMS Calculation Error ron.boone NC0064726 Town of East Bend - 2 2017 Effluent BOD, 5-Day (20 Deg. C) - Concentration 02/04/2017 Weekly mg/I Frequency Violation No Action, BIMS Calculation Error ron.boone NC0064726 Town of East Bend - 2 2017 Effluent Oxygen, Dissolved (DO) 02/04/2017 Weekly mg/I Frequency Violation No Action, BIMS Calculation Error ron.boone NC0064726 Town of East Bend - 2 2017 Effluent Oil & Grease 02/04/2017 Weekly mg/I Frequency Violation No Action, BIMS Calculation Error ron.boone NC0064726 Town of East Bend - 2 2017 Effluent Coliform, Fecal MF, MFC Broth, 44.5 C 02/04/2017 Weekly #/100ml Frequency Violation No Action, BIMS Calculation Error ron.boone NC0064726 Town of East Bend - 2 2017 Effluent Temperature, Water Deg. Centigrade 02/04/2017 Weekly deg c Frequency Violation No Action, BIMS Calculation Error ron.boone NC0064726 Town of East Bend - 2 2017 Effluent Nitroqen, Ammonia Total (as N) - Concentre 02/04/2017 Weekly mg/I Frequency Violation No Action, BIMS Calculation Error ron.boone NC0064726 Town of East Bend - 8 2015 Effluent Flow, in conduit or thru treatment plant 08/01/2015 Continuous mgd Frequency Violation No Action, BPJ george.smith NC0064726 Town of East Bend - 7 2015 Effluent Nitroqen, Ammonia Total (as N) - Concentre 07/04/2015 Weekly mg/I Frequency Violation No Action, BIMS Calculation Error Split week - 11-17-2015 jennifer.smith NC0064726 Town of East Bend - 7 2015 Effluent pH 07/04/2015 Weekly su Frequency Violation No Action, BIMS Calculation Error Split week - 11-17-2015 jennifer.smith NC0064726 Town of East Bend - 7 2015 Effluent Oxygen, Dissolved (DO) 07/04/2015 Weekly mg/I Frequency Violation No Action, BIMS Calculation Error Split week- 11-17-2015 jennifer.smith NC0064726 Town of East Bend - 7 2015 Effluent Oil & Grease 07/04/2015 Weekly mg/I Frequency Violation No Action, BIMS Calculation Error Split week - 11-17-2015 jennifer.smith NC0064726 Town of East Bend - 7 2015 Effluent Coliform, Fecal MF, MFC Broth, 44.5 C 07/04/2015 Weekly #/100ml Frequency Violation No Action, BIMS Calculation Error Split week- 11-17-2015 jennifer.smith NC0064726 Town of East Bend - 7 2015 Effluent Temperature, Water Deg. Centigrade 07/04/2015 Weekly deg c Frequency Violation No Action, BIMS Calculation Error Split week - 11-17-2015 jennifer.smith DocuSign Envelope ID: AF977D07-08DC-4C50-932C-C11362E173007 ROY COOPER NORTH CAROLING Gawriwr ERWmam milta1 Quality NUCHAEL S- REGAN secretwv LINDA CULPEPPER Intermix I3arectmr December 07, 2018 Archie Hicks, Jr, Mayor Town of East Bend 108WMain St East Bend, NC 27018 Subject: Permit Renewal Application No. NCO064726 East Bend Industrial Park WWTP Yadkin County Dear Applicant: The Water Quality Permitting Section acknowledges the December 3, 2018 receipt of your permit renewal application and supporting documentation. Your application will be assigned to a permit writer within the Section's NPDES WW permitting branch. Per G.S. 150B-3 your current permit does not expire until permit decision on the application is made. Continuation of the current permit is contingent on timely and sufficient application for renewal of the current permit. The permit writer will contact you if additional information is required to complete your permit renewal. Please respond in a timely manner to requests for additional information necessary to allow a complete review of the application and renewal of the permit. Information regarding the status of your renewal application can be found online using the Department of Environmental Quality's Environmental Application Tracker at: https://deg. nc.gov/permits-regulations/permit-guidance/environmental-application-tracker If you have any additional questions about the permit, please contact the primary reviewer of the application using the links available within the Application Tracker. ec: WQPS Laserfiche File w/application Sincerely, Wren Thedford Administrative Assistant Water Quality Permitting Section rrdiT+YC D � 1 !' - North Carolina Department of Environmental Quality I Division of Water Resources 1617 Mad Service Center I Raleigh, North Carolina 27699-1617 919-807-6300 DocuSign Envelope ID: AF977D07-08DC-4C50-932C-C11362E173007 NPDES APPLICATION FOR PERMIT RENEWAL - FORM A For Publicly Owned Treatment Works (POTW) or other treatment systems treating domestic wastes < 0.1 MGD with no pretreatment program. Mail the complete application to: NC DEQ / DWR / NPDES 1617 Mail Service Center, Raleigh, NC 27699-1617 NPDES Permit NCO064726 If you are completing this form in computer use the TAB key or the up - down arrows to move from one field to the next. To check the boxes, click your mouse on top of the box. Otherwise, please print or type. 1. Contact Information: Owner Name TOWN OF EAST BEND Facility Name EAST BEND INDUSTRIAL PARK Mailing Address 108 W MAIN ST City EAST BEND State / Zip Code N.C. 27018 Telephone Number 336 699 8560 Fax Number 336 699 4335 e-mail Address EASTBEND@YADTEL.COM 2. Location of facility producing discharge: Check here if same address as above Street Address or State Road SALEM TRAIL City EAST BEND State / Zip Code N.C. 27018 County YADKIN 3. Operator Information: Name of the firm, public organization or other entity that operates the facility. (Note that this is not referring to the Operator in Responsible Charge or ORQ Name TOWN OF EAST BEND Mailing Address 108 W MAIN ST City EAST BEND State / Zip Code N.C. 27018 Telephone Number 336 699 8560 Fax Number 336 699 4335 4. Population served: APP. 500 1 of 3 Form -A 6/2017 DocuSign Envelope ID: AF977D07-08DC-4C50-932C-C11362E173007 NPDES APPLICATION FOR PERMIT RENEWAL - FORM A For Publicly Owned Treatment Works (POTW) or other treatment systems treating domestic wastes < 0.1 MGD with no pretreatment program. 5. Do you receive industrial waste? NoX Yes (if you have an approved pre-treatment program, must complete Form 2A) 6. Type of collection system XSeparate (sanitary sewer only) 7. Outfall Information: Combined (storm sewer and sanitary sewer) Number of separate discharge points 1 Outfall Identification number(s) 001 Is the outfall equipped with a diffuser? Yes XNo S. Name of receiving stream(s) (Provide a map showing the exact location of each outfall): UNNAMED TRIBUTARY TO YADKIN RIVER 9. Frequency of Discharge: Continuous If intermittent: Days per week discharge occurs: 7 IntermittentXXX .. s 10. Describe the treatment system List all installed components, including capacities, provide design removal for BOD, TSS, nitrogen and phosphorus. If the space provided is not sufficient, attach the description of the treatment system in a separate sheet of paper. 3, 000gallon EQ TANK W/ BLOWER AND DUAL PUMPS 3, 000 GALLON SLUDGE STORAGE W/ BLOWER 1,000 GALLON SLUDGE STORAGE W/ AERATION PRIMARY TREATMENT: DUAL BLOWER & MOTOR SYSTEM W/ TIMER CONTINUOUS AERATION 3 SEPARATE CHAMBERS PRIMARY CLARIFIER SECONDARY CLARIFIER (FORMERLY CHLORINE CONTACT CHAMBER) FINISHING TANK W/ AERATION ULTRA -VIOLET DISINFECTION 11. Flow Information: Treatment Plant Design flow .010 MGD Annual Average daily flow .0045 MGD (for the previous 3 years) Maximum daily flow 007 MGD (for the previous 3 years) 12. Is this facility located on Indian country? Yes XNo 2 of 3 Form -A 612017 DocuSign Envelope ID: AF977D07-08DC-4C50-932C-C11362E173007 NPDES APPLICATION FOR PERMIT RENEWAL - FORM A For Publicly Owned Treatment Works (POTW) or other treatment systems treating domestic wastes S 0.1 MGD with no pretreatment program. r ? 13. Effluent Data Provide data for the parameters listed. Fecal Coliform, Temperature and pH shall be grab samples, for all other parameters 24-hour composite sampling shall be used. Effluent testing data must be based on at least three samples and must be no more than four and one half years old. Parameter Daily Maximum Monthly Average Units of Measurement Number of Samples Biochemical Oxygen Demand (BOD5) 30ppm Fecal Coliform 200ppm Total Suspended Solids 30 Temperature (Summer) NA Temperature (Winter) NA pH 6-9 14. List all permits, construction approvals and/or applications: Type Permit Type Hazardous Waste (RCRA) NESHAPS (CAA) UIC (SDWA) Ocean Dumping (MPRSA) NPDES WC0064726 Dredge or fill (Section 404 or PSD (CAA) Special Order of Cgnsent (SOC) Non -attainment program Other 15. APPLICANT CERTIFICATION Permit I certify that I am familiar with the information contained in the application and that to the best of my knowledge and belief such information is true, complete, and accurate. MARK C MATTHEWS ORC Printed name of Person Signing Title X14R,< e ?5��21/S 6 J 30 J 18 Signature of Applicant Date North Carolina General Statute 143-215.6 (b)(2) states: Any person who knowingly makes any false statement representation, or certification in any application, record, report, plan, or other document files or required to be maintained under Article 21 or regulations of the Environmental Management Commission implementing that Article, or who falsifies, tampers with, or knowly renders inaccurate any recording or monitoring device or method required to be operated or maintained under Article 21 or regulations of the Environmental Management Commission implementing that Article, shall be guilty of a misdemeanor punishable by a fine not to exceed $25,000, or by imprisonment not to exceed six months, or by both. (18 U.S.C. Section 1001 provides a punishment by a fine of not more than $25,000 or imprisonment not more than 5 years, or both, for a similar offense.) 3 of 3 Form -A 6/2017 DocuSign Envelope ID: AF977D07-08DC-4C50-932C-C1 B62E173007 Central Files: APS _ SWP _ 3/19/2019 Permit Number NCO064726 Permit Tracking Slip Program Category Status Project Type NPDES WW In review Renewal Permit Type Version Permit Classification Municipal Wastewater Discharge, < 1MGD Individual Primary Reviewer Permit Contact Affiliation joe.corporon Mark Matthews Coastal SWRuIe 108 W Main St East Bend NC 27018 Permitted Flow 10,000 Facility Facility Name East Bend Industrial Park WWTP Location Address NC Hwy 67 E East Bend NC 27018 Owner Major/Minor Region Minor Winston-Salem County Yadkin Facility Contact Affiliation Owner Name Owner Type Town of East Bend Government - Municipal Owner Affiliation Archie B. Hicks Jr. Mayor 108 W Main St Dates/Events East Bend NC 27018 Scheduled Orig Issue App Received Draft Initiated Issuance Public Notice Issue Effective Expiration 7/14/1986 12/3/2018 Regulated Activities Requested /Received Events Domestic, other Region comments on draft requested Wastewater treatment and disposal Region comments on draft received Outfal I 001 Waterbody Name Streamindex Number Current Class Subbasin YADKIN RIVER 12-(71) WS-IV 03-07-02 DocuSign Envelope ID: AF977D07-08DC-4C50-932C-C11362E173007 ROY COOPER Governor MICHAEL S. REGAN Secretary LINDA CULPEPPER Interim Director Archie B. Hicks, Jr., Mayor Town of East Bend 108 West Main Street East Bend, NC 27018 NORTH CAROLINA Environmental Quality September 7, 2018 SUBJECT: NOTICE OF VIOLATION: NOV-2018-1-V-0671 Facility: East Bend Industrial Park WWTP Permit No. NCO064726 Owner: Town of East Bend County: Yadkin Dear Mayor Hicks: RECEIVED/DENR/DWR SEP 12 2018 Water Resources Permitting Section I A review of the March 2018 discharge monitoring report (DMR) for the subject facility revealed the following violation(s): Sample parameter Date Limit Reported Type of Deficiency Location Value Value 001 Coliform, Fecal Weekly Geometric Effluent MR MFC Broth, 3/3/2018 400 2,420 Mean Exceeded 44.5 C�31616) 001 Coliform, Fecal Weekly Geometric Effluent MR, MFC Broth, 3/10/2018 400 2,420 Mean Exceeded 44.5 C_C31616) Remedial actions, if not already implemented, should be taken to correct all conditions which have been deemed to have contributed to causing the above -listed violations. The Division of Water Resources (DWR or Division) may pursue enforcement actions for this and any additional violations of the NCO064726 NPDES permit. If the violations are of a continuing nature, not related to operation and/or maintenance issues, and you anticipate remedial construction activities, then you may wish to consider applying for a Special Order by Consent (SOC). NOu D Q�� entraa�nul aWlq� North Carolina Department of Environmental Quality 1 Division of Water Resources Winston-Salem Regional Office 1 450 Hanes Mill Road, Suite 300 1 Winston-Salem, North Carolina 27103 336.776.9800 Certificate Of Completion Envelope Id: AF977DO708DC4C50932CClB62El73007 Status: Completed Subject: Please DocuSign: 64726 East Bend Permit Binder 06Jun2019.pdf, 64726 East Bend Fact Sheet Binder... Source Envelope: Document Pages: 43 Signatures: 2 Envelope Originator: Certificate Pages: 1 Initials: 0 Joe Corporon AutoNav: Enabled 217 W. Jones Street Envelopeld Stamping: Enabled Raleigh, NC 27699 Time Zone: (UTC-08:00) Pacific Time (US & Canada) joe.corporon@ncdenr.gov I Address: 149.168.204.10 Record Tracking Status: Original 6/6/2019 5:12:49 AM Signer Events John Hennessy john.hennessy@ncdenr.gov DWR DEQ Security Level: Email, Account Authentication (None) Electronic Record and Signature Disclosure: Not Offered via DocuSign In Person Signer Events Editor Delivery Events Agent Delivery Events Intermediary Delivery Events Certified Delivery Events Carbon Copy Events Witness Events Notary Events Envelope Summary Events Envelope Sent Certified Delivered Signing Complete Completed Docu5�". 6 S E C U R E 6 Holder: Joe Corporon Location: DocuSign joe.corporon@ncdenr.gov Signature Timestamp 0—Si,"ed ly: Sent: 6/6/2019 5:29:11 AM Viewed: 6/17/2019 2:17:59 PM sazasaaeeeesan,... Signed: 6/17/2019 2:21:53 PM Freeform Signing Signature Adoption: Uploaded Signature Image Using IP Address: 149.168.204.10 Signature Timestamp Status Timestamp Status Timestamp Status Timestamp Status Timestamp Status Timestamp Signature Timestamp Signature Timestamp Status Timestamps Hashed/Encrypted 6/6/2019 5:29:11 AM Security Checked 6/17/2019 2:17:59 PM Security Checked 6/17/2019 2:21:53 PM Security Checked 6/17/2019 2:21:53 PM Payment Events Status Timestamps