NC0004308_Permit (Issuance)_20190702

ROY COOPER , _mow
Governor "SM, - '-
x �
MICHAEL S.REGAN r
Secretary
LINDA CULPEPPER NORTH CAROLINA
Director Environmental Quality
July 2, 2019
Ms. Robyn Gross
Director, Assets Management America
Badin Business Park, LLC
201 Isabella St.
Pittsburg, PA 15212
Subject: Final NPDES Permit
Permit NC0004308
Badin Business Park LLC.
Stanly County
Class I Facility
Dear Ms. Gross:
The Division is forwarding herewith the NPDES permit for Badin Business Park LLC, modified
as stipulated in the Settlement Agreement executed on May 3,2019. 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).
The fmal permit maintains the following significant changes identified in the letter sent on
May 14, 2019:
• Outfalls 018 and 022 were moved to the stormwater section. These two outfalls are
stormwater outfalls collecting surface runoff from the Alcoa-Badin Landfill. The outfalls
will be sampled according to the stormwater sampling protocol [see Section B.(1.)].
• Language was added to A.(5.) for outfall 019 (section A.(6.) in the 2017 final permit)
stating that" If no parameters are detected during the permit cycle, this outfall may be
removed from the permit after a public notice process and consideration of public
comments".
• Footnote was included in section A.(1.) for outfall 005 stating that "The Division shall
consider all effluent TRC values reported below 50 µg/ L to be in compliance with the
permit. However, the Permittee shall continue to record and submit all values reported by
a North Carolina certified laboratory (including field certified), even if these values fall
below 50 µg/L".
• Permittee has submitted priority pollutant scans (PPAs)for outfalls 005, 012,013,018 and
022. No parameters were detected except Total Cyanide for outfall 012 which was within
DEC)-*
North Carolina Department of Environmental Quality I Division of Water Resources
512 North Salisbury Street 11617Mail Service Center I Raleigh,North Carolina 27699-1617
Q1Q 707 1401

the permit limits.No PPA is required for outfall 011 since it is the overflow for outfall 012.
Therefore,special condition A.(9.),Priority Pollutant Analysis,was removed from the final
permit.
• As a condition of the settlement agreement,Badin Business Park submitted PPA for outfall
004. No parameter was detected in the pollutant scan except Fluoride which is below the
water quality standard. Therefore, no effluent limitations and monitoring requirements
need to be added to the permit.
• The outfall coordinates in the final permit were revised(see Table 1).
• Mixing zone analysis for outfall 012—Based on the submitted CORMIX dilution model,
special condition C.(7.),Mixing Zone(Outfall 012),was modified to include the boundary
of the mixing zone and the locations of three instream sampling stations.
• Cyanide limits for outfall 012 - Based on the submitted CORMIX dilution model, Total
Cyanide monthly average and daily maximum limits have been modified to 242 µg/L
(Dilution Factor of 48.4) and 285 µg/L(Dilution Factor of 6.12),respectively[See section
A.(3.)].
• Trichloroethylene(TCE)limits for outfall 012-Based on the submitted CORMIX dilution
model,the monthly average and daily maximum limits for TCE have been modified to 121
µg/L(Dilution Factor of 48.4) and 181.5 µg/L(Dilution factor of 6.12), respectively [See
section A.(3.)].
• Special condition A.(8.), Monitoring Study, has been removed from the permit in light of
the fact that the Permittee has committed to conduct similar study under the Division of
Waste Management(DWM).
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.
Please note that this permit is not transferable except after notice to the Division. The Division
may require modification or revocation and reissuance of the permit. This permit does not affect
the legal requirements to obtain other permits which may be required by the Division of Water
Resources or any other Federal, State, or Local governmental regulations.
If you have any questions concerning this permit,please contact Qais Banihani at(919) 707-3607
or via email at [e-mail].
Sincerely,
Linda Culpepper, Director
of Division of Water Resources,NCDEQ
Page 2 of 3

Hardcopy: NPDES Files
Central Files
Mooresville Regional Office/Water Quality
Ecopy: US EPA Region 4
WSS/Aquatic Toxicology Branch/Susan Meadows
NC DEQ/DWR/PWS Regional Engineer/ Clinton Cook
DWM/Hazardous Waste Section/Robert McDaniel
Annette Lucas/ DEMLR
Page 3 of 3

Permit NC0004308
STATE OF NORTH CAROLINA
DEPARTMENT OF ENVIRONMENTAL QUALITY
DIVISION OF WATER RESOURCES
PERMIT
TO DISCHARGE WASTEWATER AND STORMWATER 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,
Badin Business Park, LLC.
is hereby authorized to discharge wastewater and stormwater from a facility located at the
Badin Business Park
NC Hwy. 740 &NCSR 1719
Stanly County
to receiving waters designated as UT to Little Mountain Creek and Badin Lake(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,
and III of this permit.
This permit shall become effective August 01,2019.
This permit and the authorization to discharge shall expire at midnight on October 31,2022.
Signed this day July 02,2019.
Linda Culpepper,Director
0( Division of Water Resources
By Authority of the Environmental Management Commission
Page 1of27

Permit NC0004308
SUPPLEMENT TO PERMIT COVER SHEET
The authority to operate and discharge from this facility arises exclusively under the terms and conditions of this
NPDES Permit. Therefore, upon the effective date of this permit, any and all previous NPDES Permits issued for
this facility and bearing this permit number are revoked.
Badin Business Park, LLC.
is hereby authorized to:
1. Discharge the following:
• stormwater at Outfalls 002,004,017,018,020,and 022
• groundwater,stormwater and or fire protection water at Outfalls 005,012,011 when flows exceed the
capacity of the diffuser,and 013;
• overflow from stormwater retention pond at Outfall 019.
all outfalls being located at or near Badin Business Park in Stanly County;and
2. Discharge such groundwater, stormwater and/or fire protection water from locations specified on the
attached map into an unnamed tributary to Little Mountain Creek(Outfalls 004,005,017,018,and 022)and
into Badin Lake (Yadkin River) (Outfalls 002,011,012, 013,019,020) which are classified as Class"WS-IV"
waters and Class "WS-IV CA & B" waters, respectively, in the Yadkin-Pee Dee River Basin.
All discharges shall be in accordance with the attached schedules as follows:
Part I: Monitoring,Controls,and Limitations for Permitted Discharges
A.Effluent Limitations and Monitoring Requirements
B. Stormwater Management Requirements
C.Special Conditions
Part II: Standard Conditions for NPDES Permits
Part III: Other Requirements
Any other point source discharge to surface waters of the state is prohibited unless covered by another permit,
authorization,or approval.
This permit does not relieve the Permittee from responsibility for compliance with any other applicable
federal,state,or local law,rule, standard,ordinance,order,judgment,or decree.
Page 2 of 27

Permit NC0004308
PART I
SECTION A-EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS
During the period beginning on the effective date of the permit and lasting until expiration, the Permittee is
authorized to discharge wastewater and stormwater associated with the activities described in its current
NPDES permit application. Such discharges shall be monitored, controlled, and limited as specified below.
A.(1.) EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS - Outfall 005 [15A
NCAC 02B .0400 et seq.,02B .0500 et seq.]
During the period beginning on the effective date of this permit and lasting until the expiration date of this
permit,the Permittee is authorized to discharge groundwater,stormwater,and fire protection water at Outfall
005 subject to the following effluent limitations and monitoring) requirements:
EFFLUENT LIMITATIONS MONITORING REQUIREMENTS
PARAMETER Monthly Weekly Daily Measurement Sample Sample
Average Average Maximum Frequency Type Location 2
Flow Monthly Instantaneous E
Total Suspended Solids Quarterly Composite 3 E
pH Shall remain within the range of 6.0 Monthly Grab E
to 9.0 standard units at all times
Total Aluminum Quarterly Composite 3 E
Total Fluoride 4 1.8 mg/I 24 mg/1 Monthly Composite 3 E
Total Cyanide 4 5 µg/1 46.6 µg/1 Monthly Grab E
Total Residual Chlorine 4 17 µg/I Monthly Grab E
Acute Toxicity 5 Quarterly Composite 3 E
Footnotes:
1. Submit Discharge Monitoring Reports electronically using NC DWR's eDMR application system.
Please See Special Condition C.(6).
2. Sample locations: E-Effluent.
3. The Permittee may use time-proportionate compositing or other sampling method provided that the
alternate method yields samples that are reasonably representative of the discharge during the
monitoring period.
4. The permittee shall use sufficiently sensitive test procedures approved under 40 CFR part 136 for the
analysis of pollutants. A method is"sufficiently sensitive"when:(1)The method minimum level(ML)
is at or below the level of the effluent limit established in the permit for the measured pollutant or
pollutant parameter; or (2) the method has the lowest ML of the analytical methods approved under
40 CFR part 136 or required under 40 CFR chapter I,subchapter N or 0 for the measured pollutant or
pollutant parameter.The Division shall consider all effluent TRC values reported below 50 µg/ L to be
in compliance with the permit. However,the Permittee shall continue to record and submit all values
reported by a North Carolina certified laboratory (including field certified), even if these values fall
below 50 µg/L.
5. Acute Toxicity P/F Quarterly;see Special Condition C.(1).
Page 3 of 27

Permit NC0004308
A.(2.) EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS - Outfall 011 [15A
NCAC 02B .0400 et seq.,02B .0500 et seq.]
During the period beginning on the effective date of this permit and lasting until the expiration date of this
permit, the Permittee is authorized to discharge fire protection waters, groundwater, and stormwater
exceeding the Outfall 012 diffuser capacity at Outfall 011 subject to the following effluent limitations and
monitoringl requirements:
EFFLUENT LIMITATIONS MONITORING REQUIREMENTS
PARAMETER Monthly Weekly Daily Measurement Sample Sample
Average Average Maximum Frequency Type Location 2
Flow Monthly Instantaneous E
Total Aluminum Quarterly Grab E
Total Fluoride 3 24 mg/1 Monthly Grab E
Total Cyanide 3 46.6 µg/1 Monthly Grab E
Total Suspended Solids Quarterly Grab E
Trichloroethylene(TCE)3.4 3.7 µg/1 Monthly Grab E
Shall remain within the range of 6.0
pH to 9.0 standard units at all times Quarterly Grab E
Acute Toxicity 5 Quarterly Grab E
Footnotes:
1. Submit Discharge Monitoring Reports electronically using NC DWR's eDMR application system.
Please See Special Condition C.(6).
2. Sample locations:E-Effluent.
3. The permittee shall use sufficiently sensitive test procedures approved under 40 CFR part 136 for the
analysis of pollutants.A method is"sufficiently sensitive"when:(1)The method minimum level(ML)
is at or below the level of the effluent limit established in the permit for the measured pollutant or
pollutant parameter; or (2)the method has the lowest ML of the analytical methods approved under
40 CFR part 136 or required under 40 CFR chapter I,subchapter N or 0 for the measured pollutant or
pollutant parameter. The Permittee shall report on its Discharge Monitoring Reports the actual
laboratory results for each effluent sample tested.
4. The facility may request that the Division review the data after collection of at least 12 data points to
determine if there is reasonable potential to exceed the water quality standard or EPA criteria. If no
reasonable potential exists, the Division may remove the limit and/or reduce the monitoring
frequency.
5. Acute Toxicity Monitoring Quarterly;see Special Condition C.(2).
Page 4 of 27

Permit NC0004308
A.(3.) EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS - Outfall 012 [15A
NCAC 02B .0400 et seq., 02B .0500 et seq.]
During the period beginning on the effective date of this permit and lasting until the expiration date of this
permit, the Permittee is authorized to discharge fire protection waters, groundwater, and stormwater at
Outfall 012(diffuser) subject to the following effluent limitations and monitoring) requirements:
EFFLUENT LIMITATIONS MONITORING REQUIREMENTS
PARAMETER Monthly Weekly Daily Measurement Sample Sample
Average Average Maximum Frequency Type Location 2
Flow Monthly Instantaneous E
Total Suspended Solids Quarterly Composite 3 E
pH Shall remain within the range of 6.0 Monthly Grab E
to 9.0 standard units at all times
Total Cyanide 4 242 µg/1 285 µg/1 Monthly Grab E
Total Fluoride 4 Quarterly Composite 3 E
Total Aluminum Quarterly Composite 3 E
Trichloroethylene(TCE)45 121 µg/1 181.5 µg/1 Monthly Grab E
Chronic Toxicity 6 Quarterly Composite 3 E
Footnotes:
1. Submit Discharge Monitoring Reports electronically using NC DWR's eDMR application system.
Please See Special Condition C.(6).
2. Sample locations:E-Effluent.
3. The Permittee may use time-proportionate compositing or other sampling method provided that the
alternate method yields samples that are reasonably representative of the discharge during the
monitoring period.
4. The permittee shall use sufficiently sensitive test procedures approved under 40 CFR part 136 for the
analysis of pollutants.A method is"sufficiently sensitive" when: (1)The method minimum level(ML)
is at or below the level of the effluent limit established in the permit for the measured pollutant or
pollutant parameter; or (2) the method has the lowest ML of the analytical methods approved under
40 CFR part 136 or required under 40 CFR chapter I,subchapter N or 0 for the measured pollutant or
pollutant parameter. The Permittee shall report on its Discharge Monitoring Reports the actual
laboratory results for each effluent sample tested.
5. The facility may request that the Division review the data after collection of at least 12 data points to
determine if there is reasonable potential to exceed the water quality standard or EPA criteria. If no
reasonable potential exists, the Division may remove the limit and/or reduce the monitoring
frequency.
6. Chronic Toxicity Pass/Fail Quarterly;see Special Condition C.(3).
Page 5 of 27

Permit NC0004308
A.(4.) EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS -Outfall 013 [15A
NCAC 02B .0400 et seq., 02B .0500 et seq.]
During the period beginning on the effective date of this permit and lasting until the expiration date of this
permit, the Permittee is authorized to discharge groundwater and stormwater at Outfall 013 subject to the
following effluent limitations and monitoring1 requirements:
EFFLUENT LIMITATIONS MONITORING REQUIREMENTS
PARAMETER Monthly Weekly 1 Daily Measurement Sample
Average Average Maximum Frequency Sample Type Location 2
Flow Monthly Instantaneous E
Total Suspended Solids Quarterly Composite 3 E
Total Aluminum Quarterly Composite 3 E
Total Fluoride Quarterly Composite 3 E
Total Cyanide 4 5 µg/I 46.6 µg/I Monthly Grab E
PH Shall remain within the range of 6.0 Monthly Grab E
to 9.0 standard units at all times
Acute Toxicity 5 Quarterly Composite 3 E
Footnotes:
1. Submit Discharge Monitoring Reports electronically using NC DWR's eDMR application system. Please
See Special Condition C.(6).
2. Sample locations:E-Effluent.
3. The Permittee may use time-proportionate compositing or other sampling method provided that the
alternate method yields samples that are reasonably representative of the discharge during the monitoring
period.
4. The permittee shall use sufficiently sensitive test procedures approved under 40 CFR part 136 for the
analysis of pollutants. A method is "sufficiently sensitive" when: (1) The method minimum level (ML) is
at or below the level of the effluent limit established in the permit for the measured pollutant or pollutant
parameter;or(2)the method has the lowest ML of the analytical methods approved under 40 CFR part 136
or required under 40 CFR chapter I,subchapter N or 0 for the measured pollutant or pollutant parameter.
The Permittee shall report on its Discharge Monitoring Reports the actual laboratory results for each
effluent sample tested.
5. Acute Toxicity Monitoring Quarterly;see Special Condition C.(2).
Page 6 of 27

Permit NC0004308
A.(5.) EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS -Outfall 019 [15A
NCAC 02B .0400 et seq., 02B .0500 et seq.]
During the period beginning on the effective date of this permit and lasting until the expiration date of this
permit, the Permittee is authorized to discharge overflow from the retention pond at the Old Brick Landfill
at Outfall 019 subject to the following effluent limitations and monitoring) requirements:
EFFLUENT LIMITATIONS MONITORING REQUIREMENTS
PARAMETER Monthly Weekly Daily Measurement Sample Type Sample Average Average Maximum Frequency Location 2
Flow Semi-annual Instantaneous E
Total Rainfall(inches)3 Semi-annual Rain gauge ---
Total Suspended Solids Semi-annual Grab E
Total Aluminum Semi-annual Grab E
Total Fluoride 4 Semi-annual Grab E
Total Cyanide 4 Semi-annual Grab E
pH Shall remain within the range of 6.0 Semi-annual Grab E
to 9.0 standard units at all times
Acute Toxicity 5 Annual Grab E
Footnotes:
1. Submit Discharge Monitoring Reports electronically using NC DWR's eDMR application system.
Please See Special Condition C.(6).
2. Sample locations: E-Effluent.
3. For each sampled representative storm event the total precipitation must be recorded. An on-site rain
gauge or local rain gauge reading must be recorded.
4. The permittee shall use sufficiently sensitive test procedures approved under 40 CFR part 136 for the
analysis of pollutants. A method is"sufficiently sensitive" when: (1)The method minimum level(ML)
is at or below the level of the effluent limit established in the permit for the measured pollutant or
pollutant parameter; or (2) the method has the lowest ML of the analytical methods approved under
40 CFR part 136 or required under 40 CFR chapter I,subchapter N or 0 for the measured pollutant or
pollutant parameter. The Permittee shall report on its Discharge Monitoring Reports the actual
laboratory results for each effluent sample tested.
5. Acute Toxicity Monitoring Annual;see Special Condition C.(4).
If no parameters are detected during the permit cycle, this outfall may be removed from the permit after a
public notice process and consideration of public comments.
Page 7 of 27

Permit NC0004308
SECTION B - STORMWATER MANAGEMENT REQUIREMENTS [G.S. 143-215.1(A) et seq.,
15A NCAC 02H .0126 et seq.]
B.(1.) STORMWATER MONITORING REQUIREMENTS-Outfalls 002,004,017,018,020&022
During the period beginning on the effective date of this permit and lasting until the expiration date of this
permit,the Permittee is authorized to discharge stormwater at Outfalls 002,004,017,018,020 and 022. Such
discharges shall be controlled,limited,and monitored as specified in this permit.
1. Analytical Monitoring:
Analytical monitoring of stormwater discharges shall be performed as specified below. All analytical
monitoring shall be performed during a measureable storm event.
A measurable storm event is a storm event that results in an actual discharge from the permitted site
outfall. The previous measurable storm event must have been at least 72 hours prior. The 72-hour
storm interval does not apply if the permittee is able to document that a- shorter interval is
representative for local storm events during the sampling period, and the permittee obtains approval
from the local DEMLR Regional Engineer(See Definitions).
Analytical Monitoring Requirements
Discharge Characteristics Units
Measurement Sample Sample
Frequencyl Type2 Location3
Total Suspended Solids (TSS) mg/L semi-annual Grab SDO
Chemical Oxygen Demand (COD) mg/L semi-annual Grab SDO
Aluminum,Total Recoverable mg/L semi-annual Grab SDO
Total Cyanide mg/L semi-annual Grab SDO
Total Fluoride mg/L semi-annual Grab SDO
a semi-annual Rain
Total Rainfall inches -
Gauge
Footnotes:
1. Measurement Frequency: Twice per year (unless other provisions of this permit prompt monthly
sampling) during a measureable storm event, until either another permit is issued for this facility or
until this permit is revoked or rescinded. If the facility is monitoring monthly because of Tier Two or
Three response actions under the previous permit, the facility shall continue a monthly monitoring
and reporting schedule in Tier Two or Tier Three status until relieved by the provisions of this permit
by DEMLR.
2. Grab samples shall be collected within the first 30 minutes of discharge. When physical separation
between outfalls prevents collecting all samples within the first 30 minutes, sampling shall begin
within the first 30 minutes,and shall continue until completed.
3. Sample Location: Samples shall be collected at each stormwater discharge outfall (SDO) unless
representative outfall status (ROS) has been granted. A copy of DEMLR's letter granting ROS shall
be kept on site.
4. For each sampled measureable storm event,the total precipitation must be recorded. An on-site rain
gauge is required. Where isolated sites are unmanned for extended periods of time,a local rain gauge
reading may be substituted for an on-site reading.
Page 8 of 27

Permit NC0004308
The permittee shall complete the analytical samplings in accordance with the schedule specified below,
unless adverse weather conditions prevent sample collection. A minimum of 60 days must separate Period
1 and Period 2 sample dates, unless monthly monitoring has been instituted under a Tier Two response.
Inability to sample because of adverse weather conditions must be documented in the Stormwater
Pollution Prevention Plan(SPPP) and recorded on the DMR. The permittee must report the results from
each sample taken within the monitoringperiod (see Part II, Section D . However, for purposes of
P ) P P
benchmark comparison and Tiered response actions,the permittee shall use the analytical results from the
first sample with valid results within the monitoring period.
Monitoring Schedule
Semi-Annual Start Date End Date
Monitoring Events1'2 (All Years)3 (All Years)3
Period 1 January 1 June 30
Period 2 July 1 December 31
Footnotes:
1 Maintain semi-annual monitoring until either another permit is issued for this facility or until this
permit is revoked or rescinded. The permittee must submit an application for renewal of coverage
before the submittal deadline (180 days before expiration) to be considered for renewed coverage
under the permit. The permittee must continue analytical monitoring throughout the permit renewal
process,even if a renewal permit is not issued until after expiration of this permit.
2 If no discharge occurs during the sampling period, the permittee must submit a monitoring report
indicating"No Flow" or"No Discharge" within 30 days of the end of the sampling period.
3 Monitoring periods remain consistent through the permit term and through the renewal process.
Failure to monitor semi-annually per permit terms may result in DEMLR requiring monthly monitoring
for all parameters for a specified time period. "No discharge" from an outfall during a monitoring period
does not constitute failure to monitor,as long as it is properly recorded and reported.
The permittee shall compare monitoring results to the benchmark values below. Exceedances of benchmark
values require the permittee to increase monitoring, increase management actions, increase record keeping,
and/or install stormwater Best Management Practices(BMPs)in a tiered program. See below the descriptions
of Tier One,Tier Two,and Tier Three response actions. In the event that DEMLR releases the permittee from
continued monthly monitoring and reporting under Tier Two or Tier Three, DEMLR's release letter may
remain in effect through subsequent reissuance of this permit, unless the release letter provides for other
conditions or duration.
Page 9 of 27

Permit NC0004308
Benchmark Values for Analytical Monitoring
Discharge Characteristics Units Benchmark
Total Suspended Solids(TSS) mg/L 100
Chemical Oxygen Demand mg/L 120
Aluminum,Total Recoverable mg/L 0.75
Total Cyanide mg/L 0.02
Total Fluoride mg/L 6
The benchmark values above are not permit limits but should be used as guidelines for implementation of the
permittee's SPPP. An exceedance of a stormwater benchmark value is not a permit violation; however,
failure to respond to the exceedance as outlined in this permit is a violation of permit conditions.
Tier One
If:The first valid sampling results are above a benchmark value for any parameter at any outfall;
Then:The permittee shall:
1. Conduct a stormwater management inspection of the facility within two weeks of receiving sampling
results.
2. Identify and evaluate possible causes of the benchmark value exceedance.
3. Identify potential, and select the specific feasible: source controls, operational controls, or physical
improvements to reduce concentrations of the parameters of concern.
4. Implement the selected feasible actions within two months of the inspection.
5. Record each instance of a Tier One response in the SPPP. Include the date and value of the benchmark
exceedance,the inspection date,the personnel conducting the inspection,the selected actions,and the
date the selected actions were implemented.
6. Note: Benchmark exceedances for a different parameter separately trigger a tiered response.
Tier Two
If:The first valid sampling results from two consecutive monitoring periods are above the benchmark
values for any specific parameter at a specific discharge outfall;
Then:The permittee shall:
1. Repeat all the required actions outlined above in Tier One.
2. Immediately institute monthly monitoring and reporting for all parameters. The permittee shall
conduct monthly monitoring at every outfall where a sampling result exceeded the benchmark value
for two consecutive samples. Monthly (analytical and qualitative) monitoring shall continue until
three consecutive sample results are below the benchmark values or within benchmark range.
3. If no discharge occurs during the sampling period, the permittee is required to submit a monthly
monitoring report indicating"No Flow" to comply with reporting requirements.
4. Alternatively, in lieu of steps 2 and 3, the permittee may,after two consecutive exceedances, exercise
the option of contacting the DEMLR Regional Engineer as provided below in Tier Three. The Regional
Engineer may direct the response actions on the part of the permittee as provided in Tier Three,
including reduced or additional sampling parameters or frequency.
5. Maintain a record of the Tier Two response in the SPPP.
6. Continue Tier Two response obligations throughout the permit renewal process.
Page 10 of 27

Permit NC0004308
Tier Three
If:The valid sampling results required for the permit monitoring periods exceed the benchmark value for
any specific parameter at any specific outfall on four occasions,the permittee shall notify the DEMLR
Regional Engineer in writing within 30 days of receipt of the fourth analytical results;
Then:The Division may but is not limited to:
• require that the permittee revise, increase, or decrease the monitoring and reporting frequency for
some or all of the parameters herein;
• require sampling of additional or substitute parameters;
• require the permittee to install structural stormwater controls;
• require the permittee to implement other stormwater control measures;
• require the permittee to perform upstream and downstream monitoring to characterize impacts on
receiving waters;or
• require the permittee implement site modifications to qualify for a No Exposure Exclusion;
• require the permittee to continue Tier Three obligations through the permit renewal process.
2. Qualitative Monitoring Requirements
The purpose of qualitative monitoring is to evaluate the effectiveness of the Stormwater Pollution
Prevention Plan(SPPP)and identify new potential sources of stormwater pollution. Qualitative
monitoring of stormwater outfalls must be performed during a measurable storm event.
Qualitative monitoring requires a visual inspection of each stormwater outfall regardless of representative
outfall status. Qualitative monitoring shall be performed semi-annually as specified below, and during
required analytical monitoring events (unless the permittee is required to perform further qualitative
monitoring per the Qualitative Monitoring Response, below). Inability to monitor because of adverse
weather conditions must be documented in the SPPP and recorded on the Qualitative Monitoring Report
form (see Adverse Weather in Definitions). Only SDOs discharging stormwater associated with industrial
activity must be monitored (See Definitions).
In the event an atypical condition is noted at a stormwater discharge outfall,the permittee shall document
the suspected cause of the condition and any actions taken in response to the discovery. This
documentation will be maintained with the SPPP.
Page 11 of 27

Permit NC0004308
Qualitative Monitoring Requirements
Monitoring
Discharge Characteristics Frequencyl Location2
Color semi-annual SDO
Odor semi-annual SDO
Clarity semi-annual SDO
Floating Solids semi-annual SDO
Suspended Solids semi-annual SDO
Foam semi-annual SDO
Oil Sheen semi-annual SDO
Erosion or deposition at the outfall semi-annual SDO
Other obvious indicators
of stormwater pollution semi-annual SDO
Footnotes:
1. Monitoring Frequency: Twice per year during a measureable storm event unless other provisions
of this permit prompt monthly monitoring. See schedule of monitoring periods through the end
of this permitting cycle. The permittee must continue qualitative monitoring throughout the
permit renewal process until a new permit is issued.
2. Monitoring Location: Qualitative monitoring shall be performed at each stormwater discharge
outfall(SDO)regardless of representative outfall status.
A minimum of 60 days must separate monitoring dates, unless additional sampling has been instituted as
part of other analytical monitoring requirements in this permit.
If the permittee's qualitative monitoring indicates that existing stormwater Best Management Practices
(BMPs) are ineffective, or that significant stormwater contamination is present, the permittee shall
investigate potential causes,evaluate the feasibility of corrective action,and implement those corrective
actions within 60 days, per the Qualitative Monitoring Response, below. A written record of the
permittee's investigation,evaluation,and response actions shall be kept in the SPPP.
Qualitative Monitoring Response
Qualitative monitoring is for the purposes of evaluating SPPP effectiveness,identifying new potential
sources of stormwater pollution,and prompting the permittee's response to pollution. If the permittee
repeatedly fails to respond effectively to correct problems identified by qualitative monitoring, or if
the discharge causes or contributes to a water quality standard violation, DEMLR may but is not
limited to:
• require that the permittee revise,increase,or decrease the monitoring frequency for some or
all parameters (analytical or qualitative)
• require the permittee to install structural stormwater controls;
• require the permittee to implement other stormwater control measures;
• require the permittee to perform upstream and downstream monitoring to characterize
impacts on receiving waters;or
• require the permittee implement site modifications to qualify for a No Exposure Exclusion.
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B.(2.) STORMWATER POLLUTION PREVENTION PLAN
The permittee shall develop and implement a Stormwater Pollution Prevention Plan(SPPP). The SPPP shall
be maintained on site unless exempted from this requirement by DEMLR. The SPPP is public information in
accordance with Part II,Standard Conditions,Section E Paragraph 10 of this permit. The SPPP shall include,
at a minimum,the following items:
1. Site Overview. The Site Overview shall provide a description of the physical facility and the potential
pollutant sources that may be expected to contribute to contamination of stormwater discharges. The Site
Overview shall contain the following:
(a) A general location map (USGS quadrangle map or appropriately drafted equivalent map), showing
the facility's location in relation to transportation routes and surface waters;the name of the receiving
waters to which the stormwater outfalls discharge,or if the discharge is to a municipal separate storm
sewer system, the name of the municipality and the ultimate receiving waters; and accurate latitude
and longitude of the points of stormwater discharge associated with industrial activity. The general
location map(or alternatively the site map)shall identify whether any receiving waters are impaired
(on the state's 303(d)list of impaired waters)or if the site is located in a watershed for which a TMDL
has been established,and what the parameters of concern are.
(b) A narrative description of storage practices,loading and unloading activities,outdoor process areas,
dust or particulate generating or control processes, and waste disposal practices. A narrative
description of the potential pollutants that could be expected to be present in the stormwater
discharge from each outfall.
(c) A site map drawn at a scale sufficient to clearly depict: the site property boundary; the stormwater
discharge outfalls; all on-site and adjacent surface waters and wetlands; industrial activity areas
(including storage of materials, disposal areas, process areas,loading and unloading areas,and haul
roads); site topography and finished grade; all drainage features and structures; drainage area
boundaries and total contributing area for each outfall; direction of flow in each drainage area;
industrial activities occurring in each drainage area; buildings; stormwater Best Management
Practices (BMPs); and impervious surfaces. The site map must indicate the percentage of each
drainage area that is impervious, and the site map must include a graphic scale indication and north
arrow.
(d) A list of significant spills or leaks of pollutants during the previous three(3)years and any corrective
actions taken to mitigate spill impacts.
(e) Certification that the stormwater outfalls have been evaluated for the presence of non-stormwater
discharges. The permittee shall re-certify annually that the stormwater outfalls have been
evaluated for the presence of non-stormwater discharges. If non-stormwater discharges are present,
the permittee shall identify the source and record whether the discharge is otherwise permitted (by
rule or a different permit). The permittee shall evaluate the environmental significance of the non-
stormwater discharges and include a summary written record with the certification. The certification
statement and summary written record shall be retained with the SPPP,and shall be dated and signed
in accordance with the requirements found in Standard Conditions for NPDES Permits,Part II,Section
B.11(b).
(f) If a permanent source of non-stormwater flow is identified in accordance with B.(2)1.(e)the permittee
shall notify DWR and DEMLR.The notification must include a description and frequency of discharge
for the identified non-stormwater flow.The notification must be submitted to the following addresses:
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Permit NC0004308
DWR/NPDES Complex Permitting Unit
1617 Mail Service Center
Raleigh,NC 27699-1617
DEMLR/ Stormwater Permitting Program
1612 Mail Service Center
Raleigh,NC 27699-1612.
2. Stormwater Management Strategy. The Stormwater Management Strategy shall contain a narrative
description of the materials management practices employed which control or minimize the stormwater
exposure of significant materials, including structural and nonstructural measures. The Stormwater
Management Strategy,at a minimum,shall incorporate the following:
(a) Feasibility Study. A review of the technical and economic feasibility of changing the methods of
operations and/or storage practices to eliminate or reduce exposure of materials and processes to
rainfall and run-on flows. Wherever practical, the permittee shall prevent exposure of all storage
areas, material handling operations, and manufacturing or fueling operations. In areas where
elimination of exposure is not practical, this review shall document the feasibility of diverting the
stormwater run-on away from areas of potential contamination.
(b) Secondary Containment Requirements and Records. Secondary containment is required for: bulk
storage of liquid materials; storage in any amount of Section 313 of Title III of the Superfund
Amendments and Reauthorization Act(SARA)water priority chemicals;and storage in any amount
of hazardous substances,in order to prevent leaks and spills from contaminating stormwater runoff.
A table or summary of all such tanks and stored materials and their associated secondary containment
areas shall be maintained. If the secondary containment devices are connected to stormwater
conveyance systems,the connection shall be controlled by manually activated valves or other similar
devices(which shall be secured closed with a locking mechanism). Any stormwater that accumulates
in the containment area shall be at a minimum visually observed for color, foam, outfall staining,
visible sheens and dry weather flow, prior to release of the accumulated stormwater. Accumulated
stormwater shall be released if found to be uncontaminated by any material. Records documenting
the individual making the observation, the description of the accumulated stormwater,and the date
and time of the release shall be kept for a period of five(5)years. For facilities subject to a federal oil
Spill Prevention, Control, and Countermeasure Plan (SPCC), any portion of the SPCC Plan fully
compliant with the requirements of this permit may be used to demonstrate compliance with this
permit.
(c) BMP Summary. A listing of site structural and non-structural Best Management Practices (BMPs)
shall be provided. The installation and implementation of BMPs shall be based on the assessment of
the potential for sources to contribute significant quantities of pollutants to stormwater discharges
and on data collected through monitoring of stormwater discharges. The BMP Summary shall include
a written record of the specific rationale for installation and implementation of the selected site BMPs.
The BMP Summary shall be reviewed and updated annually.
3. Spill Prevention and Response Procedures. The Spill Prevention and Response Procedures(SPRP)shall
incorporate an assessment of potential pollutant sources based on a materials inventory of the facility.
Facility personnel responsible for implementing the SPRP shall be identified in a written list incorporated
into the SPRP and signed and dated by each individual acknowledging their responsibilities for the plan.
A responsible person shall be on-site at all times during facility operations that have increased potential
to contaminate stormwater runoff through spills or exposure of materials associated with the facility
operations. The SPRP must be site stormwater specific. Therefore, an oil Spill Prevention Control and
Countermeasure plan(SPCC) may be a component of the SPRP,but may not be sufficient to completely
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Permit NC0004308
address the stormwater aspects of the SPRP. The common elements of the SPCC with the SPRP may be
incorporated by reference into the SPRP.
4. Preventative Maintenance and Good Housekeeping Program. A preventative maintenance and good
housekeeping program shall be developed and implemented. The program shall address all stormwater
control systems(if applicable),stormwater discharge outfalls,all on-site and adjacent surface waters and
wetlands, industrial activity areas (including material storage areas, material handling areas, disposal
areas, process areas, loading and unloading areas, and haul roads), all drainage features and structures,
and existing structural BMPs. The program shall establish schedules of inspections, maintenance, and
housekeeping activities of stormwater control systems, as well as facility equipment, facility areas, and
facility systems that present a potential for stormwater exposure or stormwater pollution where not
already addressed under another element of the SPPP. Inspection of material handling areas and regular
cleaning schedules of these areas shall be incorporated into the program. Timely compliance with the
established schedules for inspections,maintenance,and housekeeping shall be recorded and maintained
in the SPPP.
5. Facility Inspections. Inspections of the facility and all stormwater systems shall occur as part of the
Preventative Maintenance and Good Housekeeping Program at a minimum on a semi-annual schedule,
once during the first half of the year(January to June),and once during the second half(July to December),
with at least 60 days separating inspection dates(unless performed more frequently than semi-annually).
These facility inspections are different from, and in addition to, the stormwater discharge characteristic
monitoring at the outfalls required in Part I Section B.(1.).
6. Employee Training. Training programs shall be developed and training provided at a minimum on an
annual basis for facility personnel with responsibilities for: spill response and cleanup, preventative
maintenance activities, and for any of the facility's operations that have the potential to contaminate
stormwater runoff. The facility personnel responsible for implementing the training shall be identified,
and their annual training shall be documented by the signature of each employee trained.
7. Responsible Party. The SPPP shall identify a specific position or positions responsible for the overall
coordination, development, implementation, and revision of the SPPP. Responsibilities for all
components of the SPPP shall be documented and position assignments provided.
8. SPPP Amendment and Annual Update. The permittee shall amend the SPPP whenever there is a change
in design, construction, operation, site drainage, maintenance, or configuration of the physical features
which may have a significant effect on the potential for the discharge of pollutants to surface waters. All
aspects of the SPPP shall be reviewed and updated on an annual basis.The annual update shall include:
(a) an updated list of significant spills or leaks of pollutants for the previous three (3) years, or the
notation that no spills have occurred(element of the Site Overview);
(b) a written re-certification that the stormwater outfalls have been evaluated for the presence of non-
stormwater discharges (element of the Site Overview);
(c) a documented re-evaluation of the effectiveness of the on-site stormwater BMPs (BMP
Summary element of the Stormwater Management Strategy).
(d) a review and comparison of sample analytical data to benchmark values (if applicable) over the
past year, including a discussion about Tiered Response status. The permittee shall use the
Annual Summary Data Monitoring Report (DMR) form, available from the DEMLR
Stormwater Permitting Program's website (See 'Monitoring Forms' here:
http://portal.ncdenr.org/web/lr/npdes-stormwater).
The Director may notify the permittee when the SPPP does not meet one or more of the minimum
requirements of the permit. Within 30 days of such notice, the permittee shall submit a time schedule to
the Director for modifying the SPPP to meet minimum requirements. The permittee shall provide
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Permit NC0004308
certification in writing in accordance with Part II, Standard Conditions, Section B, Paragraph 11 to the
Director that the changes have been made.
9. SPPP Implementation. The permittee shall implement the Stormwater Pollution Prevention Plan and all
appropriate BMPs consistent with the provisions of this permit,in order to control contaminants entering
surface waters via stormwater. Implementation of the SPPP shall include documentation of all
monitoring, measurements, inspections, maintenance activities, and training provided to employees,
including the log of the sampling data and of actions taken to implement BMPs associated with the
industrial activities, including vehicle maintenance activities. Such documentation shall be kept on-site
for a period of five(5)years and made available to the Director or the Director's authorized representative
immediately upon request.
B.(3.) STORMWATER DEFINITIONS
1. Adverse Weather
Adverse conditions are those that are dangerous or create inaccessibility for personnel, such as local
flooding, high winds, or electrical storms, or situations that otherwise make sampling impractical.
When adverse weather conditions prevent the collection of samples during the sample period, the
permittee must take a substitute sample or perform a visual assessment during the next qualifying
storm event. Documentation of an adverse event (with date, time and written narrative) and the
rationale must be included with your SPPP records. Adverse weather does not exempt the permittee
from having to file a monitoring report in accordance with the sampling schedule. Adverse events
and failures to monitor must also be explained and reported on the relevant DMR.
2. Allowable Non-Stormwater Discharges
Non-stormwater discharges which shall be allowed in the stormwater conveyance system include:
a. Uncontaminated groundwater, foundation drains, air-conditioner condensate without added
chemicals, springs, discharges of uncontaminated potable water, waterline and fire hydrant
flushings,water from footing drains,flows from riparian habitats and wetlands.
b. Discharges resulting from fire-fighting or fire-fighting training,or emergency shower or eye wash
as a result of use in the event of an emergency.
3. Best Management Practices(BMPs)
Measures or practices used to reduce the amount of pollution entering surface waters. BMPs may
take the form of a process,activity,or physical structure. More information on BMPs can be found at
https://www.epa.gov/npdes/national-menu-best-management-practices-burps-stormwater#edu.
4. Bypass(stormwater)
A bypass is the known diversion of stormwater from any portion of a stormwater control facility
including the collection system,which is not a designed or established operating mode for the facility.
5. Bulk Storage of Liquid Products
Liquid raw materials,intermediate products,manufactured products,waste materials,or by-products
with a single above ground storage container having a capacity of greater than 660 gallons or with
multiple above ground storage containers located in close proximity to each other having a total
combined storage capacity of greater than 1,320 gallons.
6. DEMLR
The Division of Energy,Mineral,and Land Resources.
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Permit NC0004308
7. Landfill
A disposal facility or part of a disposal facility where waste is placed in or on land and which is not a
land treatment facility, a surface impoundment, an injection well, a hazardous waste long-term
storage facility or a surface storage facility.
8. Measureable Storm Event
A storm event that results in an actual discharge from the permitted site outfall. The previous
measurable storm event must have been at least 72 hours prior. The 72-hour storm interval may not
apply if the permittee is able to document that a shorter interval is representative for local storm events
during the sampling period,and obtains approval from the local DEMLR Regional Office. Two copies
of this information and a written request letter shall be sent to the local DEMLR Regional Office. After
authorization by the DEMLR Regional Office, a written approval letter must be kept on site in the
permittee's SPPP.
9. No Exposure
A condition of no exposure means that all industrial materials and activities are protected by a storm
resistant shelter or acceptable storage containers to prevent exposure to rain, snow, snowmelt, or
runoff. Industrial materials or activities include,but are not limited to,material handling equipment
or activities,industrial machinery,raw materials,intermediate products,by-products,final products,
or waste products [40 CFR 122.26(b)(14)]. DEMLR may grant a No Exposure Exclusion from NPDES
Stormwater Permitting requirements only if a facility complies with the terms and conditions
described in 40 CFR§122.26(g).
10. Point Source Discharge of Stormwater
Any discernible,confined and discrete conveyance including,but not specifically limited to,any pipe,
ditch, channel, tunnel, conduit, well, or discrete fissure from which stormwater is or may be
discharged to waters of the state.
11. Representative Outfall Status
When it is established that the discharge of stormwater runoff from a single outfall is representative of the
discharges at multiple outfalls, the Division may grant representative outfall status. Representative outfall
status allows the permittee to perform analytical monitoring at a reduced number of outfalls.
12. Secondary Containment
Spill containment for the contents of the single largest tank within the containment structure plus
sufficient freeboard to contain the 25-year,24-hour storm event.
13. Section 313 Water Priority Chemical
A chemical or chemical category which:
a. Is listed in 40 CFR 372.65 pursuant to Section 313 of Title III of the Superfund Amendments and
Reauthorization Act(SARA) of 1986,also titled the Emergency Planning and Community Right-
to-Know Act of 1986;
b. Is present at or above threshold levels at a facility subject to SARA title III,Section 313 reporting
requirements;and
c. Meets at least one of the following criteria:
i. Is listed in appendix D of 40 CFR part 122 on Table II (organic priority pollutants),Table III
(certain metals,cyanides,and phenols) or Table IV(certain toxic pollutants and hazardous
substances);
ii. Is listed as a hazardous substance pursuant to section 311(b)(2)(A)of the CWA at 40 CFR
116.4;or
iii. Is a pollutant for which EPA has published acute or chronic water quality criteria.
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Permit NC0004308
14. Significant Materials
Includes,but is not limited to:raw materials;fuels;materials such as solvents,detergents,and plastic
pellets; finished materials such as metallic products; raw materials used in food processing or
production; hazardous substances designated under section 101(14) of CERCLA; any chemical the
facility is required to report pursuant to section 313 of Title III of SARA; fertilizers; pesticides; and
waste products such as ashes,slag and sludge that have the potential to be released with stormwater
discharges.
15. Significant Spills
Includes,but is not limited to: releases of oil or hazardous substances in excess of reportable quantities
under section 311 of the Clean Water Act (Ref: 40 CFR 110.3and 40 CFR 117.3) or section 102 of
CERCLA(Ref:40 CFR 302.4).
16. Stormwater Discharge Outfall(SDO)
The point of departure of stormwater from a discernible,confined,or discrete conveyance,including
but not limited to,storm sewer pipes,drainage ditches,channels,spillways,or channelized collection
areas,from which stormwater flows directly or indirectly into waters of the State of North Carolina.
17. Stormwater Runoff
The flow of water which results from precipitation and which occurs immediately following rainfall
or as a result of snowmelt.
18. Stormwater Associated with Industrial Activity
The discharge from any point source which is used for collecting and conveying stormwater and
which is directly related to manufacturing,processing or raw material storage areas at an industrial
site. Facilities considered to be engaged in"industrial activities"include those activities defined in 40
CFR 122.26(b)(14). The term does not include discharges from facilities or activities excluded from the
NPDES program.
19. Stormwater Pollution Prevention Plan
A comprehensive site-specific plan which details measures and practices to reduce stormwater
pollution and is based on an evaluation of the pollution potential of the site.
20. Total Maximum Daily Load(TMDL)
TMDLs are written plans for attaining and maintaining water quality'standards,in all seasons, for a
specific water body and pollutant. A list of approved TMDLs for the state of North Carolina can be
found at http;//portal.ncdenr.org/web/wy/ps/mtu/tmdl.
21. Vehicle Maintenance Activity
Vehicle rehabilitation,mechanical repairs,painting, fueling,lubrication,vehicle cleaning operations,
or airport deicing operations.
22. Visible Sedimentation
Solid particulate matter,both mineral and organic,that has been or is being transported by water,air,
gravity,or ice from its site of origin which can be seen with the unaided eye.
23. 25-year,24 hour Storm Event
The maximum 24-hour precipitation event expected to be equaled or exceeded,on the average,once
in 25 years.
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Permit NC0004308
SECTION C-SPECIAL CONDITIONS
CO.) ACUTE TOXICITY PASS/FAIL PERMIT LIMIT (Quarterly;Outfall 005) [15A NCAC 02B .0200 et
seq.]
The permittee shall conduct acute toxicity tests on a quarterly basis using protocols defined in the North
Carolina Procedure Document entitled "Pass/Fail Methodology For Determining Acute Toxicity In A Single
Effluent Concentration"(Revised December 2010 or subsequent versions).The monitoring shall be performed
as a Fathead Minnow (Pimephales promelas) 24 hour static test. The effluent concentration at which there may
be at no time significant acute mortality is 90% (defined as treatment two in the procedure document). The
tests will be performed once during each calendar quarter(January-March,April-June,July-September and
October-December). Effluent sampling for this testing must be obtained during representative effluent
discharge and shall be performed at the NPDES permitted final effluent discharge below all treatment
processes.
Should any single quarterly monitoring indicate a failure to meet specified limits, then monthly monitoring
will begin immediately until such time that a single test is passed. Upon passing, this monthly test
requirement will revert to quarterly in the months specified above.
All toxicity testing results required as part of this permit condition will be entered on the Effluent Discharge
Monitoring Form (MR-1) for the month in which it was performed, using the parameter code TGE6C.
Additionally,DWR Form AT-2(original)is to be sent to the following address:
Attention: North Carolina Division of Water Resources
Aquatic Toxicology Branch,Water Sciences Section
1621 Mail Service Center
Raleigh,North Carolina 27699-1621
Completed Aquatic Toxicity Test Forms shall be filed with the Aquatic Toxicology Branch no later than 30
days after the end of the reporting period for which the report is made.
Test data shall be complete and accurate and include all supporting chemical/physical measurements
performed in association with the toxicity tests, as well as all dose/response data. Total residual chlorine of
the effluent toxicity sample must be measured and reported if chlorine is employed for disinfection of the
waste stream.
Should there be no discharge of flow from the facility during a month in which toxicity monitoring is required,
the permittee will complete the information located at the top of the aquatic toxicity(AT)test form indicating
the facility name, permit number, pipe number,county, and the month/year of the report with the notation
of"No Flow" in the comment area of the form. The report shall be submitted to the Environmental Sciences
Section at the address cited above.
Should the permittee fail to monitor during a month in which toxicity monitoring is required, then monthly
monitoring will begin immediately until such time that a single test is passed.Upon passing,this monthly test
requirement will revert to quarterly in the months specified above.Assessment of toxicity compliance is based
on the toxicity testing quarter,which is the three month time interval that begins on the first day of the month
in which toxicity testing is required by this permit and continues until the final day of the third month.
Should any test data from either these monitoring requirements or tests performed by the North Carolina
Division of Water Resources indicate potential impacts to the receiving stream,this permit may be re-opened
and modified to include alternate monitoring requirements or limits.
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Permit NC0004308
If the Permittee monitors any pollutant more frequently than required by this permit, the results of such
monitoring shall be included in the calculation&reporting of the data submitted on the DMR&all AT Form
submitted.
NOTE: Failure to achieve test conditions as specified in the cited document, such as minimum control
organism survival and appropriate environmental controls,shall constitute an invalid test and will require
immediate follow-up testing to be completed no later than the last day of the month following the month
of the initial monitoring.
C.(2.)ACUTE TOXICITY MONITORING (Quarterly;Outfalls 011 and 013) [15A NCAC 02B .0200 et seq.]
The permittee shall conduct acute toxicity tests on a quarterly basis using protocols defined as definitive in
E.P.A. Document EPA/600/4-90/027 entitled "Methods for Measuring the Acute Toxicity of Effluents to
Freshwater and Marine Organisms." The monitoring shall be performed as a Fathead Minnow (Pimephales
promelas) 24-hour static test. Effluent samples for self-monitoring purposes must be obtained during
representative effluent discharge below all waste treatment. The tests will be performed on a discharge event
during each calendar quarter(January-March,April-June,July-September and October-December).
The parameter code for this test is TAE6C.All toxicity testing results required as part of this permit condition
will be entered on the Effluent Discharge Form (MR-1) for the month in which it was performed, using the
appropriate parameter code. Additionally,DWR Form AT-1 (original)is to be sent to the following address:
Attention: North Carolina Division of Water Resources
Aquatic Toxicology Branch,Water Sciences Section
1621 Mail Service Center
Raleigh,North Carolina 27699-1621
Completed Aquatic Toxicity Test Forms shall be filed with the Aquatic Toxicology Branch no later than 30
days after the end of the reporting period for which the report is made
Test data shall be complete and accurate and include all supporting chemical/physical measurements
performed in association with the toxicity tests, as well as all dose/response data. Total residual chlorine of
the effluent toxicity sample must be measured and reported if chlorine is employed for disinfection of the
waste stream.
Should there be no discharge of flow from the facility during a quarter in which toxicity monitoring is
required, the permittee will complete the information located at the top of the aquatic toxicity (AT) test form
indicating the facility name,permit number,pipe number,county,and the month/year of the report with the
notation of"No Flow" in the comment area of the form. The report shall be submitted to the Environmental
Sciences Branch at the address cited above.
Should any test data from this monitoring requirement or tests performed by the North Carolina Division of
Water Resources indicate potential impacts to the receiving stream, this permit may be re-opened and
modified to include alternate monitoring requirements or limits.
NOTE: Failure to achieve test conditions as specified in the cited document,such as minimum control
organism survival and appropriate environmental controls,shall constitute an invalid test and will
require immediate follow-up testing to be completed no later than the last day of the month following
the month of the initial monitoring.
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Permit NC0004308
C.(3.) CHRONIC TOXICITY PASS/FAIL PERMIT LIMIT(Quarterly;Outfall 012) [15A NCAC 02B .0200
et seq.]
The effluent discharge shall at no time exhibit observable inhibition of reproduction or significant mortality
to Ceriodaphnia dubia at an effluent concentration of 3.8%at Outfall 012.
The permit holder shall perform at a minimum, quarterly monitoring using test procedures outlined in the
"North Carolina Ceriodaphnia Chronic Effluent Bioassay Procedure," Revised February 1998,or subsequent
versions or "North Carolina Phase II Chronic Whole Effluent Toxicity Test Procedure" (Revised-February
1998) or subsequent versions. Effluent samples for self-monitoring purposes must be obtained during
representative effluent discharge below all waste treatment. The tests will be performed once during each
calendar quarter(January-March,April-June,July-September and October-December).
If the test procedure performed as the first test of any single quarter results in a failure or ChV below the
permit limit, then multiple-concentration testing shall be performed at a minimum, in each of the two
following months as described in"North Carolina Phase II Chronic Whole Effluent Toxicity Test Procedure"
(Revised-February 1998)or subsequent versions.
The chronic value for multiple concentration tests will be determined using the geometric mean of the highest
concentration having no detectable impairment of reproduction or survival and the lowest concentration that
does have a detectable impairment of reproduction or survival. The definition of"detectable impairment,"
collection methods, exposure regimes, and further statistical methods are specified in the "North Carolina
Phase II Chronic Whole Effluent Toxicity Test Procedure" (Revised-February 1998)or subsequent versions.
All toxicity testing results required as part of this permit condition will be entered on the Effluent Discharge
Monitoring Form(MR-1)for the months in which tests were performed,using the parameter code TGP3B for
the pass/fail results and THP3B for the Chronic Value. Additionally,DWR Form AT-3(original)is to be sent
to the following address:
Attention: North Carolina Division of Water Resources
Aquatic Toxicology Branch,Water Sciences Section
1621 Mail Service Center
Raleigh,North Carolina 27699-1621
Completed Aquatic Toxicity Test Forms shall be filed with the Aquatic Toxicology Branch no later than 30
days after the end of the reporting period for which the report is made.
Test data shall be complete, accurate, include all supporting chemical/physical measurements and all
concentration/response data, and be certified by laboratory supervisor and ORC or approved designate
signature. Total residual chlorine of the effluent toxicity sample must be measured and reported if chlorine
is employed for disinfection of the waste stream.
Should there be no discharge of flow from the facility during a quarter in which toxicity monitoring is
required,the Permittee will complete the information located at the top of the aquatic toxicity (AT) test form
indicating the facility name,permit number,pipe number,county,and the month/year of the report with the
notation of"No Flow" in the comment area of the form. The report shall be submitted to the Environmental
Sciences Branch at the address cited above.
Should the Permittee fail to monitor during a month in which toxicity monitoring is required,monitoring will
be required during the following month.
Should any test data from this monitoring requirement or tests performed by the North Carolina Division of
Water Resources indicate potential impacts to the receiving stream, this permit may be re-opened and
modified to include alternate monitoring requirements or limits.
NOTE: Failure to achieve test conditions as specified in the cited document, such as minimum control
organism survival, minimum control organism reproduction, and appropriate environmental controls,
shall constitute an invalid test and will require immediate follow-up testing to be completed no later than
the last day of the month following the month of the initial monitoring.
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Permit NC0004308
C.(4.) ACUTE TOXICITY MONITORING (Annual;Outfall 019) [15A NCAC 02B .0200 et seq.]
The permittee shall conduct annual toxicity tests using protocols defined as definitive in E.P.A. Document
EPA/600/4-90/027 entitled "Methods for Measuring the Acute Toxicity of Effluents to Freshwater and
Marine Organisms." The monitoring shall be performed as a Fathead Minnow(Pimephales promelas) 24-hour
static test. Effluent samples for self-monitoring purposes must be obtained below all waste treatment. The
permittee will conduct one test annually, with the annual period beginning in January of the calendar year
of the effective date of the permit.
The annual toxicity test must be performed by June 30. Should there be no discharge of flow from the facility
during the six month period January 1-June 30,the permittee will complete the information located at the top
of the aquatic toxicity (AT) test form indicating the facility name, permit number, pipe number, county and
in the comments section indicate"No Flow for January 1-June 30, (calendar year)." The report must be signed
and submitted to the Environmental Sciences Section at the address noted below.
If no discharge event occurs from January 1-June 30,yet a discharge event occurs from July 1-December 31,
then the facility must perform toxicity monitoring and report the data as noted below.
The parameter code for this test is TAE6C.All toxicity testing results required as part of this permit condition
will be entered on the Effluent Discharge Form (MR-1) for the month in which it was performed, using the
appropriate parameter code. Additionally,DWR Form AT-1 (original) is to be sent to the following address:
Attention: North Carolina Division of Water Resources
Aquatic Toxicology Branch,Water Sciences Section
1621 Mail Service Center
Raleigh,North Carolina 27699-1621
Completed Aquatic Toxicity Test Forms shall be filed with the Aquatic Toxicology Branch no later than 30
days after the end of the reporting period for which the report is made.
Test data shall be complete and accurate and include all supporting chemical/physical measurements
performed in association with the toxicity tests, as well as all dose/response data. Total residual chlorine of
the effluent toxicity sample must be measured and reported if chlorine is employed for disinfection of the
waste stream.
Should any test data from either these monitoring requirements or tests performed by the North Carolina
Division of Water Resources indicate potential impacts to the receiving stream,this permit may be re-opened
and modified to include alternate monitoring requirements or limits.
NOTE: Failure to achieve test conditions as specified in the cited document,such as minimum control
organism survival and appropriate environmental controls,shall constitute an invalid test and will require
immediate follow-up testing to be completed no later than the last day of the month following the month of
the initial monitoring.
C.(5.) PERMIT REOPENER [G.S. 143-215.1(b)]
The permitttee shall notify the Division if any industrial activity is proposed to take place at the facility which
changes the characteristics of the wastewaters as authorized in this permit or adds additional sources of
wastewater. A notification shall be submitted to the Division describing the new activities and expected
wastewater characteristics 90 days prior to proposed start of operations.
Page 22 of 27

Permit NC0004308
C.(6.) ELECTRONIC REPORTING OF DISCHARGE MONITORING REPORTS [G.S. 143-215.1(b)]
Federal regulations require electronic submittal of all discharge monitoring reports (DMRs) and program
reports.The final NPDES Electronic Reporting Rule was adopted and became effective on December 21,2015.
NOTE: This special condition supplements or supersedes the following sections within Part II of this permit
(Standard Conditions for NPDES Permits):
• Section B. (11.) Signatory Requirements
• Section D. (2.) Reporting
• Section D. (6.) Records Retention
• Section E. (5.) Monitoring Reports
1. Reporting Requirements [Supersedes Section D. (2.) and Section E. (5.) (all
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
• 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).
Page 23 of 27

Permit NC0004308
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:
https://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:
http://deq.nc.gov/about/divisions/water-resources/edmr
4. Signatory Requirements [Supplements Section B. (11.) (b)and Supersedes Section B. (11.) (d)l
All eDMRs submitted to the permit issuing authority shall be signed by a person described in Part II,
Section B. (11.)(a) or by a duly authorized representative of that person as described in Part II,Section B.
(11.)(b). A person, and not a position, must be delegated signatory authority for eDMR reporting
purposes.
For eDMR submissions, the person signing and submitting the DMR must obtain an eDMR user account
and login credentials to access the eDMR system. For more information on North Carolina's eDMR
system,registering for eDMR and obtaining an eDMR user account,please visit the following web page:
http://deq.nc.gov/about/divisions/water-resources/edmr
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Permit NC0004308
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. (6.4
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 arty time [40 CFR 122.41].
C.(7.)MIXING ZONE (Outfall 012)
(a.) The mixing zone for outfall 012 consists of a circular area with a radius of 5.6 m from the diffuser.
(b.) Instream Sampling shall be collected as follows:
PARAMETER MONITORING REQUIREMENTS
Measurement Sample 1
Frequency Type Sample Location
pH Monthly Grab MZ1,MZ2,MZ3
Total Cyanide Monthly Grab MZ1,MZ2,MZ3
Total Fluoride Monthly Grab MZ1,MZ2,MZ3
Trichloroethylene(TCE) Monthly Grab MZ1,MZ2,MZ3
Footnote:
1. MZ1 - Lake Badin 20 feet from the diffuser on a parallel line projected from the diffuser. MZ2- Lake
Badin 20 feet from the diffuser on a perpendicular line projected from the diffuser (oriented SE). MZ3
- Lake Badin 20 feet from the diffuser on a perpendicular line projected from the diffuser (oriented
NW). For each instream sampling location, samples must be collected at the surface and at depth of
approximately 3.5 meters.
(c.) Sampling results shall be reported in the DMRs.See special condition C.(6.)
Page 25 of 27

Permit NC0004308
/ 'r 0/
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titrip
Outfall 022 'a',/ f` /'• Outfall 020 /,. \\ \-- (:,id.,,ir- , s• Ii.4,° I 1: ..fr 1- 9W.:'-`;-"kg/ X",'‘!\4:-j_.-1' -) ..-::::...:::...:-"...'..: • ' .--- //ealkw,...,---=,-•.‘.. ,-,/l _ j! }f \ �`
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,it.,
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'�) 4
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/ \11L Spy -,, Outfall 004 1reAPM261-41-1 4 -,,-klre,/.?.-`,., A/_�' !%f' ! \k,s,-- ,":
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72/ i. Outfa11022 �� 1 ;; rr(r /�'r��l�'r r' �� � /, / `ti
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it 1 \ //i,iir,,,,
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/ i''ci c, M----;44,Z) -?_.,‘ \kl ,,,i\ _.., t\\‘ r _)( , ; ,(11 \t‘\,_ // i / di ' ,0
Badin Business Park — Stanly County Location Map
Receiving Stream: Badin Lake(Yadkin River)and UT to Little Mountain Creek
Stream Classification: WS-IV CA&B and WS-IV N T
River Basin: Yadkin/Pee Dee
Sub-Basin#: 03-07-08
USGS Quad #: F18NE,F18NW Badin&New London, NC NPDES Permit No. NC0004308
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Permit NC0004308
Table 1.Outfall Locations
Outfall Latitude Longitude
002 35° 24' 29.89" 80° 6' 54.48"
004 35°24' 11.58" 80°7' 11.38"
005 35°24' 9.25" 80°7' 14.73"
011 35°24' 42.59" 80°6' 53.49"
012 35°24' 43.13" 80°6' 50.04"
013 35°24' 50.78" 80°6' 59.26"
017 35°24' 9.04" 80° 7' 14.75"
018 35°24' 12.64" 80° 7' 34.48"
019 35°24' 46.88" 80° 6' 16.53"
020 35°24' 31.45" 80° 6' 57.02"
022 35°24' 7.45" 80° 7' 23.99"
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NPDES Permit Standard Conditions
Page 1 of 18
PART II
STANDARD CONDITIONS FOR NPDES PERMITS
Section A. Definitions
2/Month
Samples are collected twice per month with at least ten calendar days between sampling events.These samples shall be
representative of the wastewater discharged during the sample period.
3/Week
Samples are collected three times per week on three separate calendar days.These samples shall be representative of
the wastewater discharged during the sample period.
Act or"the Act"
The Federal Water Pollution Control Act,also known as the Clean Water Act(CWA),as amended,33 USC 1251,et.
seq.
Annual Average
The arithmetic mean of all "daily discharges" of a pollutant measured during the calendar year. In the case of fecal
coliform,the geometric mean of such discharges.
Arithmetic Mean
The summation of the individual values divided by the number of individual values.
Bypass
The known diversion of waste streams from any portion of a treatment facility including the collection system,which is
not a designed or established or operating mode for the facility.
Calendar Day
The period from midnight of one day until midnight of the next day.However,for purposes of this permit,any
consecutive 24-hour period that reasonably represents the calendar day may be used for sampling.
Calendar Week
The period from Sunday through the following Saturday.
Calendar Quarter
One of the following distinct periods: January through March,April through June,July through September,and
October through December.
Composite Sample
A sample collected over a 24-hour period by continuous sampling or combining grab samples of at least 100 mL in
such a manner as to result in a total sample representative of the wastewater discharge during the sample period.The
Director may designate the most appropriate method(specific number and size of aliquots necessary,the time interval
between grab samples,etc.)on a case-by-case basis. Samples may be collected manually or automatically.Composite
samples may be obtained by the following methods:
(1) Continuous:a single,continuous sample collected over a 24-hour period proportional to the rate of flow.
(2) Constant time/variable volume:a series of grab samples collected at equal time intervals over a 24 hour period
of discharge and combined proportional to the rate of flow measured at the time of individual sample
collection,or
(3) Variable time/constant volume:a series of grab samples of equal volume collected over a 24 hour period with
the time intervals between samples determined by a preset number of gallons passing the sampling point. Flow
measurement between sample intervals shall be determined by use of a flow recorder and totalizer,and the
preset gallon interval between sample collection fixed at no greater than 1/24 of the expected total daily flow at
the treatment system,or
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NPDES Permit Standard Conditions
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(4) Constant time/constant volume:a series of grab samples of equal volume collected over a 24-hour period at a
constant time interval. Use of this method requires prior approval by the Director.This method may only be
used in situations where effluent flow rates vary less than 15 percent.The following restrictions also apply:
> Influent and effluent grab samples shall be of equal size and of no less than 100 milliliters
> Influent samples shall not be collected more than once per hour.
> Permittees with wastewater treatment systems whose detention time<24 hours shall collect effluent grab
samples at intervals of no greater than 20 minutes apart during any 24-hour period.
> Permittees with wastewater treatment systems whose detention time exceeds 24 hours shall collect effluent
grab samples at least every six hours;there must be a minimum of four samples during a 24-hour sampling
period.
Continuous flow measurement
Flow monitoring that occurs without interruption throughout the operating hours of the facility.Flow shall be
monitored continually except for the infrequent times when there may be no flow or for infrequent maintenance
activities on the flow device.
Daily Discharge
The discharge of a pollutant measured during a calendar day or any 24-hour period that reasonably represents the
calendar day for purposes of sampling. For pollutants measured in units of mass,the"daily discharge" is calculated as
the total mass of the pollutant discharged over the day. For pollutants expressed in other units of measurement,the
"daily discharge"is calculated as the average measurement of the pollutant over the day.(40 CFR 122.2;see also
"Composite Sample,"above.)
Daily Maximum
The highest"daily discharge"during the calendar month.
Daily Sampling
Parameters requiring daily sampling shall be sampled 5 out of every 7 days per week unless otherwise specified in the
permit. Sampling shall be conducted on weekdays except where holidays or other disruptions of normal operations
prevent weekday sampling. If sampling is required for all seven days of the week for any permit parameter(s),that
requirement will be so noted on the Effluent Limitations and Monitoring Page(s).
DWR or"the Division"
The Division of Water Resources,Department of Environmental Quality.
Effluent
Wastewater discharged following all treatment processes from a water pollution control facility or other point source
whether treated or untreated.
EMC
The North Carolina Environmental Management Commission
EPA
The United States Environmental Protection Agency
Facility Closure
Cessation of all activities that require coverage under this NPDES permit.Completion of facility closure will allow this
permit to be rescinded.
Geometric Mean
The Nth root of the product of the individual values where N=the number of individual values. For purposes of
calculating the geometric mean,values of"0"(or"<[detection level]")shall be considered= 1.
Grab Sample
Individual samples of at least 100 mL collected over a period of time not exceeding 15 minutes.Grab samples can be
collected manually.Grab samples must be representative of the discharge(or the receiving stream,for instream
samples).
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Hazardous Substance
Any substance designated under 40 CFR Part 116 pursuant to Section 311 of the CWA.
Instantaneous flow measurement
The flow measured during the minimum time required for the flow measuring device or method to produce a result in
that instance.To the extent practical,instantaneous flow measurements coincide with the collection of any grab
samples required for the same sampling period so that together the samples and flow are representative of the discharge
during that sampling period.
Monthly Average(concentration limit)
The arithmetic mean of all "daily discharges" of a pollutant measured during the calendar month. In the case of fecal
coliform or other bacterial parameters or indicators,the geometric mean of such discharges.
Permit Issuing Authority
The Director of the Division of Water Resources.
Quarterly Average(concentration limit)
The arithmetic mean of all samples taken over a calendar quarter.
Severe property damage
Substantial physical damage to property,damage to the treatment facilities which causes them to become inoperable,or
substantial and permanent loss of natural resources which can reasonably be expected to occur in the absence of a
bypass. Severe property damage excludes economic loss caused by delays in production.
Toxic Pollutant:
Any pollutant listed as toxic under Section 307(a)(1)of the CWA.
Upset
An incident beyond the reasonable control of the Permittee causing unintentional and temporary noncompliance with
permit effluent limitations and/or monitoring requirements. An upset does not include noncompliance caused by
operational error,improperly designed treatment facilities,inadequate treatment facilities,lack of preventive
maintenance,or careless or improper operation.
Weekly Average(concentration limit)
The arithmetic mean of all "daily discharges" of a pollutant measured during the calendar week. In the case of fecal
coliform or other bacterial parameters or indicators,the geometric mean of such discharges.
Section B. General Conditions
1. Duty to Comply
The Permittee must comply with all conditions of this permit.Any permit noncompliance constitutes a violation of
the CWA and is grounds for enforcement action;for permit termination,revocation and reissuance,or
modification;or denial of a permit renewal application [40 CFR 122.41].
a. The Permittee shall comply with effluent standards or prohibitions established under section 307(a)of the
CWA for toxic pollutants and with standards for sewage sludge use or disposal established under section
405(d)of the CWA within the time provided in the regulations that establish these standards or prohibitions or
standards for sewage sludge use or disposal,even if the permit has not yet been modified to incorporate the
requirement.
b. The CWA provides that any person who violates section[s] 301,302,306,307,308,318 or 405 of the Act,or
any permit condition or limitation implementing any such sections in a permit issued under section 402,or any
requirement imposed in a pretreatment program approved under sections 402(a)(3)or 402(b)(8)of the Act,is
subject to a civil penalty not to exceed$37,500 per day for each violation. [33 USC 1319(d)and 40 CFR
122.41(a)(2)]
c. The CWA provides that any person who negligently violates sections 301,302,306,307,308,318,or 405 of
the Act,or any condition or limitation implementing any of such sections in a permit issued under section 402
of the Act,or any requirement imposed in a pretreatment program approved under section 402(a)(3)or
402(b)(8)of the Act,is subject to criminal penalties of$2,500 to$25,000 per day of violation,or
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NPDES Permit Standard Conditions
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imprisonment of not more than 1 year,or both. In the case of a second or subsequent conviction for a negligent
violation,a person shall be subject to criminal penalties of not more than$50,000 per day of violation,or by
imprisonment of not more than 2 years,or both. [33 USC 1319(c)(1)and 40 CFR 122.41(a)(2)]
d. Any person who knowingly violates such sections,or such conditions or limitations is subject to criminal
penalties of$5,000 to$50,000 per day of violation,or imprisonment for not more than 3 years,or both.In the
case of a second or subsequent conviction for a knowing violation,a person shall be subject to criminal
penalties of not more than$100,000 per day of violation,or imprisonment of not more than 6 years,or both.
[33 USC 1319(c)(2)and 40 CFR 122.41(a)(2)]
e. Any person who knowingly violates section 301,302,303,306,307,308,318 or 405 of the Act,or any permit
condition or limitation implementing any of such sections in a permit issued under section 402 of the Act,and
who knows at that time that he thereby places another person in imminent danger of death or serious bodily
injury,shall,upon conviction,be subject to a fine of not more than$250,000 or imprisonment of not more than
15 years,or both. In the case of a second or subsequent conviction for a knowing endangerment violation,a
person shall be subject to a fine of not more than$500,000 or by imprisonment of not more than 30 years,or
both.An organization,as defined in section 309(c)(3)(B)(iii)of the CWA,shall,upon conviction of violating
the imminent danger provision,be subject to a fine of not more than$1,000,000 and can be fined up to
$2,000,000 for second or subsequent convictions. [40 CFR 122.41(a)(2)]
f. Under state law,a civil penalty of not more than$25,000 per violation may be assessed against any person
who violates or fails to act in accordance with the terms,conditions,or requirements of a permit. [North
Carolina General Statutes § 143-215.6A]
g. Any person may be assessed an administrative penalty by the Administrator for violating section 301,302,
306,307,308,318 or 405 of this Act,or any permit condition or limitation implementing any of such sections
in a permit issued under section 402 of this Act.Administrative penalties for Class I violations are not to
exceed$16,000 per violation,with the maximum amount of any Class I penalty assessed not to exceed
$37,500. Penalties for Class II violations are not to exceed$16,000 per day for each day during which the
violation continues,with the maximum amount of any Class II penalty not to exceed$177,500. [33 USC
1319(g)(2)and 40 CFR 122.41(a)(3)]
2. Duty to Mitigate
The Permittee shall take all reasonable steps to minimize or prevent any discharge or sludge use or disposal in
violation of this permit with a reasonable likelihood of adversely affecting human health or the environment[40
CFR 122.41(d)].
3. Civil and Criminal Liability
Except as provided in permit conditions on"Bypassing"(Part II.C.4),"Upsets"(Part II.C.5)and"Power Failures"
(Part II.C.7),nothing in this permit shall be construed to relieve the Permittee from any responsibilities,liabilities,
or penalties for noncompliance pursuant to NCGS 143-215.3, 143-215.6 or Section 309 of the Federal Act,33 USC
1319. Furthermore,the Permittee is responsible for consequential damages,such as fish kills,even though the
responsibility for effective compliance may be temporarily suspended.
4. Oil and Hazardous Substance Liability
Nothing in this permit shall be construed to preclude the institution of any legal action or relieve the Permittee
from any responsibilities, liabilities,or penalties to which the Permittee is or may be subject to under NCGS 143-
215.75 et seq. or Section 311 of the Federal Act,33 USG 1321. Furthermore,the Permittee is responsible for
consequential damages,such as fish kills,even though the responsibility for effective compliance may be
temporarily suspended.
5. Property Rights
The issuance of this permit does not convey any property rights in either real or personal property,or any exclusive
privileges,nor does it authorize any injury to private property or any invasion of personal rights,nor any
infringement of Federal,State or local laws or regulations[40 CFR 122.41(g)].
6. Onshore or Offshore Construction
This permit does not authorize or approve the construction of any onshore or offshore physical structures or
facilities or the undertaking of any work in any navigable waters.
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• 7. Severability
The provisions of this permit are severable. If any provision of this permit,or the application of any provision of
this permit to any circumstances,is held invalid,the application of such provision to other circumstances,and the
remainder of this permit,shall not be affected thereby [NCGS 150B-23].
8. Duty to Provide Information
The Permittee shall furnish to the Permit Issuing Authority,within a reasonable time,any information which the
Permit Issuing Authority may request to determine whether cause exists for modifying,revoking and reissuing,or
terminating this permit or to determine compliance with this permit.The Permittee shall also furnish to the Permit
Issuing Authority upon request,copies of records required by this permit[40 CFR 122.41(h)].
9. Duty to Reapply
If the Permittee wishes to continue an activity regulated by this permit after the expiration date of this permit,the
Permittee must apply for and obtain a new permit[40 CFR 122.41(b)].
10. Expiration of Permit
The Permittee is not authorized to discharge after the expiration date. In order to receive automatic authorization to
discharge beyond the expiration date,the Permittee shall submit such information,forms,and fees as are required
by the agency authorized to issue permits no later than 180 days prior to the expiration date unless permission for a
later date has been granted by the Director. (The Director shall not grant permission for applications to be
submitted later than the expiration date of the existing permit.) [40 CFR 122.21(d)]Any Permittee that has not
requested renewal at least 180 days prior to expiration,or any Permittee that does not have a permit after the
expiration and has not requested renewal at least 180 days prior to expiration,will subject the Permittee to
enforcement procedures as provided in NCGS 143-215.6 and 33 USC 1251 et. seq.
11. Signatory Requirements
All applications,reports,or information submitted to the Permit Issuing Authority shall be signed and certified [40
CFR 122.41(k)].
a. All permit applications shall be signed as follows:
(1) For a corporation: by a responsible corporate officer.For the purpose of this Section,a responsible
corporate officer means: (a)a president,secretary,treasurer or vice president of the corporation in charge
of a principal business function,or any other person who performs similar policy or decision making
functions for the corporation,or(b)the manager of one or more manufacturing,production,or operating
facilities,provided,the manager is authorized to make management decisions which govern the operation
of the regulated facility including having the explicit or implicit duty of making major capital investment
recommendations,and initiating and directing other comprehensive measures to assure long term
environmental compliance with environmental laws and regulations;the manager can ensure that the
necessary systems are established or actions taken to gather complete and accurate information for permit
application requirements;and where authority to sign documents has been assigned or delegated to the
manager in accordance with corporate procedures .
(2) For a partnership or sole proprietorship: by a general partner or the proprietor,respectively;or
(3) For a municipality, State,Federal,or other public agency: by either a principal executive officer or
ranking elected official [40 CFR 122.22].
b. All reports required by the permit and other information requested by the Permit Issuing Authority shall be
signed by a person described in paragraph a. above or by a duly authorized representative of that person.A
person is a duly authorized representative only if:
(1) The authorization is made in writing by a person described above;
(2) The authorization specified either an individual or a position having responsibility for the overall operation
of the regulated facility or activity,such as the position of plant manager,operator of a well or well field,
superintendent,a position of equivalent responsibility,or an individual or position having overall
responsibility for environmental matters for the company.(A duly authorized representative may thus be
either a named individual or any individual occupying a named position.);and
(3) The written authorization is submitted to the Permit Issuing Authority[40 CFR 122.22]
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c. Changes to authorization: If an authorization under paragraph(b)of this section is no longer accurate because
a different individual or position has responsibility for the overall operation of the facility,a new authorization
satisfying the requirements of paragraph(b)of this section must be submitted to the Director prior to or
together with any reports,information,or applications to be signed by an authorized representative [40 CFR
122.22]
d. Certification.Any person signing a document under paragraphs a.or b.of this section shall make the following
certification [40 CFR 122.22].NO OTHER STATEMENTS OF CERTIFICATION WILL BE ACCEPTED:
"I 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 02H .0100;and North Carolina General Statute 143.215.1 et. al.
14. Annual Administering and Compliance Monitoring Fee Requirements
The Permittee must pay the annual administering and compliance monitoring fee within thirty days after being
billed by the Division.Failure to pay the fee in a timely manner in accordance with 15A NCAC 02H .0105(b)(2)
may cause this Division to initiate action to revoke the permit.
Section C. Operation and Maintenance of Pollution Controls
1. Certified Operator
Owners of classified water pollution control systems must designate operators,certified by the Water Pollution
Control System Operators Certification Commission(WPCSOCC),of the appropriate type and grade for the
system,and,for each classification must[T15A NCAC 08G .0201]:
a. designate one Operator In Responsible Charge(ORC)who possesses a valid certificate of the type and grade at
least equivalent to the type and grade of the system;
b. designate one or more Back-up Operator(s)in Responsible Charge(Back-up ORCs)who possesses a valid
certificate of the type of the system and no more than one grade less than the grade of the system,with the
exception of no backup operator in responsible charge is required for systems whose minimum visitation
requirements are twice per year;and
c. submit a signed completed"Water Pollution Control System Operator Designation Form"to the Commission
(or to the local health department for owners of subsurface systems)countersigned by the designated certified
operators,designating the Operator in Responsible Charge(ORC)and the Back-up Operator in Responsible
Charge(Back-up ORC):
(1) 60 calendar days prior to wastewater or residuals being introduced into a new system;or
(2) within 120 calendar days following:
> receiving notification of a change in the classification of the system requiring the designation of a new
Operator in Responsible Charge(ORC)and Back-up Operator in Responsible Charge(Back-up ORC)
of the proper type and grade;or
➢ a vacancy in the position of Operator in Responsible Charge(ORC)or Back-up Operator in
Responsible Charge(Back-up ORC).
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(3) within seven calendar days of vacancies in both ORC and Back-up ORC positions replacing or designating
at least one of the responsibilities.
The ORC of each Class I facility(or the Back-up ORC,when acting as surrogate for the ORC)must:
> Visit the facility as often as is necessary to insure proper operation of the treatment system;the treatment
facility must be visited at least weekly
> Comply with all other conditions of 15A NCAC 08G .0204.
The ORC of each Class II, III and IV facility(or the Back-up ORC,when acting as surrogate for the ORC)must:
> Visit the facility as often as is necessary to insure proper operation of the treatment system;the treatment
facility must be visited at least five days per week,excluding holidays
> Properly manage and document daily operation and maintenance of the facility
> Comply with all other conditions of 15A NCAC 08G .0204.
2. Proper Operation and Maintenance
The Permittee shall at all times properly operate and maintain all facilities and systems of treatment and control
(and related appurtenances)which are installed or used by the Permittee to achieve compliance with the conditions
of this permit. Proper operation and maintenance also includes adequate laboratory controls and appropriate quality
assurance procedures.This provision requires the Permittee to install and operate backup or auxiliary facilities only
when necessary to achieve compliance with the conditions of the permit[40 CFR 122.41(e)].
NOTE: Properly and officially designated operators are fully responsible for all proper operation and maintenance
of the facility,and all documentation required thereof,whether acting as a contract operator[subcontractor] or a
member of the Permittee's staff.
3. Need to Halt or Reduce not a Defense
It shall not be a defense for a Permittee in an enforcement action that it would have been necessary to halt or
reduce the permitted activity in order to maintain compliance with the condition of this permit[40 CFR 122.41(c)].
4. Bypassing of Treatment Facilities
a. Bypass not exceeding limitations[40 CFR 122.41(m)(2)]
The Permittee may allow any bypass to occur which does not cause effluent limitations to be exceeded,but
only if it also is for essential maintenance to assure efficient operation.These bypasses are not subject to the
provisions of Paragraphs b.and c.of this section.
b. Notice [40 CFR 122.41(m)(3)]
(1) Anticipated bypass. If the Permittee knows in advance of the need for a bypass,it shall submit prior notice,
if possible at least ten days before the date of the bypass; including an evaluation of the anticipated quality
and effect of the bypass.
(2) Unanticipated bypass.The Permittee shall submit notice of an unanticipated bypass as required in Part
II.E.6.(24-hour notice).
c. Prohibition of Bypass
(1) Bypass from the treatment facility is prohibited and the Permit Issuing Authority may take enforcement
action against a Permittee for bypass,unless:
(A) Bypass was unavoidable to prevent loss of life,personal injury or severe property damage;
(B) There were no feasible alternatives to the bypass,such as the use of auxiliary treatment facilities,
retention of untreated wastes or maintenance during normal periods of equipment downtime.This
condition is not satisfied if adequate backup equipment should have been installed in the exercise of
reasonable engineering judgment to prevent a bypass which occurred during normal periods of
equipment downtime or preventive maintenance;and
(C) The Permittee submitted notices as required under Paragraph b.of this section.
(2) Bypass from the collection system is prohibited and the Permit Issuing Authority may take enforcement
action against a Permittee for a bypass as provided in any current or future system-wide collection system
permit associated with the treatment facility.
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(3) The Permit Issuing Authority may approve an anticipated bypass,after considering its adverse effects,if
the Permit Issuing Authority determines that it will meet the three conditions listed above in Paragraph c.
(1)of this section.
5. Upsets
a. Effect of an upset[40 CFR 122.41(n)(2)]: An upset constitutes an affirmative defense to an action brought for
noncompliance with such technology based permit effluent limitations if the requirements of paragraph b.of
this condition are met.No determination made during administrative review of claims that noncompliance was
caused by upset,and before an action for noncompliance,is final administrative action subject to judicial
review.
b. Conditions necessary for a demonstration of upset:Any Permittee who wishes to establish the affirmative
defense of upset shall demonstrate,through properly signed,contemporaneous operating logs,or other relevant
evidence that:
(1)An upset occurred and that the Permittee can identify the cause(s)of the upset;
(2)The Permittee facility was at the time being properly operated;and
(3)The Permittee submitted notice of the upset as required in Part II.E.6.(b)of this permit.
(4)The Permittee complied with any remedial measures required under Part II.B.2.of this permit.
c. Burden of proof[40 CFR 122.41(n)(4)]: The Permittee seeking to establish the occurrence of an upset has
the burden of proof in any enforcement proceeding.
6. Removed Substances
Solids,sludges, filter backwash,or other pollutants removed in the course of treatment or control of wastewaters
shall be utilized/disposed of in accordance with NCGS 143-215.1 and in a manner such as to prevent any pollutant
from such materials from entering waters of the State or navigable waters of the United States except as permitted
by the Commission.The Permittee shall comply with all applicable state and Federal regulations governing the
disposal of sewage sludge, including 40 CFR 503, Standards for the Use and Disposal of Sewage Sludge;40 CFR
Part 258,Criteria For Municipal Solid Waste Landfills;and 15A NCAC Subchapter 2T, Waste Not Discharged To
Surface Waters.The Permittee shall notify the Permit Issuing Authority of any significant change in its sludge use
or disposal practices.
7. Power Failures
The Permittee is responsible for maintaining adequate safeguards(as required by 15A NCAC 02H .0124)to
prevent the discharge of untreated or inadequately treated wastes during electrical power failures either by means
of alternate power sources,standby generators or retention of inadequately treated effluent.
Section D. Monitoring and Records
I. Representative Sampling
Samples collected and measurements taken,as required herein, shall be representative of the permitted discharge.
Samples collected at a frequency less than daily shall be taken on a day and time that is representative of the
discharge for the period the sample represents.All samples shall be taken at the monitoring points specified in this
permit and,unless otherwise specified,before the effluent joins or is diluted by any other wastestream,body of
water,or substance. Monitoring points shall not be changed without notification to and the approval of the Permit
Issuing Authority [40 CFR 122.41(j)].
2. Reporting
Monitoring results obtained during the previous month(s)shall be summarized for each month and reported on a
monthly Discharge Monitoring Report(DMR)Form(MR 1, 1.1,2,3)or alternative forms approved by the
Director,postmarked no later than the last calendar day of the month following the completed reporting period.
The first DMR is due on the last day of the month following the issuance of the permit or in the case of a new
facility,on the last day of the month following the commencement of discharge. Duplicate signed copies of these,
and all other reports required herein,shall be submitted to the following address:
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NC DEQ/Division of Water Resources/Water Quality Permitting Section
ATTENTION: Central Files
1617 Mail Service Center
Raleigh,North Carolina 27699-1617
3. Flow Measurements
Appropriate flow measurement devices and methods consistent with accepted scientific practices shall be selected
and used to ensure the accuracy and reliability of measurements of the volume of monitored discharges. The
devices shall be installed,calibrated and maintained to ensure that the accuracy of the measurements is consistent
with the accepted capability of that type of device.Devices selected shall be capable of measuring flows with a
maximum deviation of less than 10%from the true discharge rates throughout the range of expected discharge
volumes. Flow measurement devices shall be accurately calibrated at a minimum of once per year and maintained
to ensure that the accuracy of the measurements is consistent with the accepted capability of that type of device.
The Director shall approve the flow measurement device and monitoring location prior to installation.
Once-through condenser cooling water flow monitored by pump logs,or pump hour meters as specified in Part I of
this permit and based on the manufacturer's pump curves shall not be subject to this requirement.
4. Test Procedures
Laboratories used for sample analysis must be certified by the Division.Permittees should contact the Division's
Laboratory Certification Section(919 733-3908)or visit https://deq.nc.gov/about/divisions/water-resources/water-
resources-data/water-sciences-home-page/laboratory-certification-branch for information regarding laboratory
certifications.
Facilities whose personnel are conducting testing of field-certified parameters only must hold the appropriate field
parameter laboratory certifications.
Test procedures for the analysis of pollutants shall conform to the EMC regulations(published pursuant to NCGS
143-215.63 et. seq.),the Water and Air Quality Reporting Acts,and to regulations published pursuant to Section
304(g),33 USC 1314,of the CWA(as amended),and 40 CFR 136;or in the case of sludge use or disposal,
approved under 40 CFR 136,unless otherwise specified in 40 CFR 503,unless other test procedures have been
specified in this permit[40 CFR 122.41].
To meet the intent of the monitoring required by this permit,all test procedures must produce minimum detection
and reporting levels that are below the permit discharge requirements and all data generated must be reported down
to the minimum detection or lower reporting level of the procedure. If no approved methods are determined
capable of achieving minimum detection and reporting levels below permit discharge requirements,then the most
sensitive(method with the lowest possible detection and reporting level)approved method must be used.
5. Penalties for Tampering
The CWA provides that any person who falsifies,tampers with,or knowingly renders inaccurate,any monitoring
device or method required to be maintained under this permit shall,upon conviction,be punished by a fine of not
more than$10,000 per violation,or by imprisonment for not more than two years per violation,or by both. If a
conviction of a person is for a violation committed after a first conviction of such person under this paragraph,
punishment is a fine of not more than$20,000 per day of violation,or by imprisonment of not more than 4 years,
or both[40 CFR 122.41].
6. Records Retention
Except for records of monitoring information required by this permit related to the Permittee's sewage sludge use
and disposal activities,which shall be retained for a period of at least five years(or longer as required by 40 CFR
503),the Permittee shall retain records of all monitoring information, including:
➢ all calibration and maintenance records
➢ all original strip chart recordings for continuous monitoring instrumentation
➢ copies of all reports required by this permit
➢ copies of all data used to complete the application for this permit
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These records or copies shall be maintained for a period of at least 3 years from the date of the sample,
measurement,report or application. This period may be extended by request of the Director at any time [40 CFR
122.41].
7. Recording Results
For each measurement or sample taken pursuant to the requirements of this permit,the Permittee shall record the
following information [40 CFR 122.41]:
a. The date,exact place,and time of sampling or measurements;
b. The individual(s)who performed the sampling or measurements;
c. The date(s)analyses were performed;
d. The individual(s)who performed the analyses;
e. The analytical techniques or methods used;and
f. The results of such analyses.
8. Inspection and Entry
The Permittee shall allow the Director,or an authorized representative(including an authorized contractor acting as
a representative of the Director),upon the presentation of credentials and other documents as may be required by
law,to;
a. Enter,at reasonable times,upon the Permittee's premises where a regulated facility or activity is located or
conducted,or where records must be kept under the conditions of this permit;
b. Have access to and copy,at reasonable times,any records that must be kept under the conditions of this permit;
c. Inspect at reasonable times any facilities,equipment(including monitoring and control equipment),practices,
or operations regulated or required under this permit;and
d. Sample or monitor at reasonable times,for the purposes of assuring permit compliance or as otherwise
authorized by the CWA,any substances or parameters at any location [40 CFR 122.41(i)].
Section E Reporting Requirements
1. Change in Discharge
All discharges authorized herein shall be consistent with the terms and conditions of this permit. The discharge of
any pollutant identified in this permit more frequently than or at a level in excess of that authorized shall constitute
a violation of the permit.
2. Planned Changes
The Permittee shall give notice to the Director as soon as possible of any planned physical alterations or additions
to the permitted facility [40 CFR 122.41(1)].Notice is required only when:
a. The alteration or addition to a permitted facility may meet one of the criteria for new sources at 40 CFR
122.29(b);or
b. The alteration or addition could significantly change the nature or increase the quantity of pollutants
discharged. This notification applies to pollutants subject neither to effluent limitations in the permit,nor to
notification requirements under 40 CFR 122.42(a)(1);or
c. The alteration or addition results in a significant change in the Permittee's sludge use or disposal practices,and
such alteration,addition or change may justify the application of permit conditions that are different from or
absent in the existing permit,including notification of additional use or disposal sites not reported during the
permit application process or not reported pursuant to an approved land application plan.
3. Anticipated Noncompliance
The Permittee shall give advance notice to the Director of any planned changes to the permitted facility or other
activities that might result in noncompliance with the permit[40 CFR 122.41(1)(2)].
4. Transfers
This permit is not transferable to any person without prior written notice to and approval from the Director in
accordance with 40 CFR 122.61.The Director may condition approval in accordance with NCGS 143-215.1, in
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particular NCGS 143-215.1(b)(4)b.2.,and may require modification or revocation and reissuance of the permit,or
a minor modification,to identify the new permittee and incorporate such other requirements as may be necessary
under the CWA [40 CFR 122.41(1)(3), 122.61] or state statute.
5. Monitoring Reports
Monitoring results shall be reported at the intervals specified elsewhere in this permit[40 CFR 122.41(1)(4)].
a. Monitoring results must be reported on a Discharge Monitoring Report(DMR)(See Part II.D.2)or forms
provided by the Director for reporting results of monitoring of sludge use or disposal practices.
b. If the Permittee monitors any pollutant more frequently than required by this permit using test procedures
approved under 40 CFR Part 136 and at a sampling location specified in this permit or other appropriate
instrument governing the discharge,the results of such monitoring shall be included in the calculation and
reporting of the data submitted on the DMR.
6. Twenty-four Hour Reporting
a. The Permittee shall report to the Director or the appropriate Regional Office any noncompliance that
potentially threatens public health or the environment.Any information shall be provided orally within 24
hours from the time the Permittee became aware of the circumstances.A written submission shall also be
provided within 5 days of the time the Permittee becomes aware of the circumstances.The written submission
shall contain a description of the noncompliance,and its cause;the period of noncompliance,including exact
dates and times,and if the noncompliance has not been corrected,the anticipated time it is expected to
continue;and steps taken or planned to reduce,eliminate,and prevent reoccurrence of the noncompliance[40
CFR 122.41(1)(6)].
b. The Director may waive the written report on a case-by-case basis for reports under this section if the oral
report has been received within 24 hours.
c. Occurrences outside normal business hours may also be reported to the Division's Emergency Response
personnel at(800)858-0368 or(919)733-3300.
7. Other Noncompliance
The Permittee shall report all instances of noncompliance not reported under Part II.E.5 and 6.of this permit at the
time monitoring reports are submitted.The reports shall contain the information listed in Part II.E.6.of this permit
[40 CFR 122.41(1)(7)].
8. Other Information
Where the Permittee becomes aware that it failed to submit any relevant facts in a permit application,or submitted
incorrect information in a permit application or in any report to the Director,it shall promptly submit such facts or
information[40 CFR 122.41(1)(8)].
9. Noncompliance Notification
The Permittee shall report by telephone to either the central office or the appropriate regional office of the Division
as soon as possible,but in no case more than 24 hours or on the next working day following the occurrence or first
knowledge of the occurrence of any of the following:
a. Any occurrence at the water pollution control facility which results in the discharge of significant amounts of
wastes which are abnormal in quantity or characteristic,such as the dumping of the contents of a sludge
digester;the known passage of a slug of hazardous substance through the facility;or any other unusual
circumstances.
b. Any process unit failure,due to known or unknown reasons,that render the facility incapable of adequate
wastewater treatment such as mechanical or electrical failures of pumps,aerators,compressors,etc.
c. Any failure of a pumping station,sewer line,or treatment facility resulting in a by-pass without treatment of all
or any portion of the influent to such station or facility.
Persons reporting such occurrences by telephone shall also file a written report within 5 days following first
knowledge of the occurrence.Also see reporting requirements for municipalities in Part IV.C.2.c.of this permit.
10. Availability of Reports
Except for data determined to be confidential under NCGS 143-215.3 (a)(2)or Section 308 of the Federal Act,33
USC 1318,all reports prepared in accordance with the terms shall be available for public inspection at the offices
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of the Division.As required by the Act,effluent data shall not be considered confidential. Knowingly making any
false statement on any such report may result in the imposition of criminal penalties as provided for in NCGS 143-
215.1(b)(2)or in Section 309 of the Federal Act.
11. Penalties for Falsification of Reports
The CWA provides that any person who knowingly makes any false statement,representation,or certification in
any record or other document submitted or required to be maintained under this permit,including monitoring
reports or reports of compliance or noncompliance shall,upon conviction,be punished by a fine of not more than
$25,000 per violation,or by imprisonment for not more than two years per violation,or by both[40 CFR 122.41].
12. Annual Performance Reports
Permittees who own or operate facilities that primarily collect or treat municipal or domestic wastewater and have
an average annual flow greater than 200,000 gallons per day shall provide an annual report to the Permit Issuing
Authority and to the users/customers served by the Permittee(NCGS 143-215.1 C).The report shall summarize the
performance of the collection or treatment system,as well as the extent to which the facility was compliant with
applicable Federal or State laws,regulations and rules pertaining to water quality.The report shall be provided no
later than sixty days after the end of the calendar or fiscal year,depending upon which annual period is used for
evaluation.
The report shall be sent to:
NC DEQ/Division of Water Resources/Water Quality Permitting Section
ATTENTION: Central Files
1617 Mail Service Center
Raleigh,North Carolina 27699-1617
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•
PART III
OTHER REQUIREMENTS
Section A. Construction
a. The Permittee shall not commence construction of wastewater treatment facilities,nor add to the plant's treatment
capacity,nor change the treatment process(es)utilized at the treatment plant unless(1)the Division has issued an
Authorization to Construct(AtC)permit or(2)the Permittee is exempted from such AtC permit requirements
under Item b.of this Section.
b. In accordance with NCGS 143-215.1(a5) [SL 2011-394],no permit shall be required to enter into a contract for the
construction,installation,or alteration of any treatment work or disposal system or to construct,install,or alter any
treatment works or disposal system within the State when the system's or work's principle function is to conduct,
treat,equalize,neutralize,stabilize,recycle,or dispose of industrial waste or sewage from an industrial facility and
the discharge of the industrial waste or sewage is authorized under a permit issued for the discharge of the
industrial waste or sewage into the waters of the State. Notwithstanding the above,the permit issued for the
discharge may be modified if required by federal regulation.
c. Issuance of an AtC will not occur until Final Plans and Specifications for the proposed construction have been
submitted by the Permittee and approved by the Division.
Section B. Groundwater Monitoring
The Permittee shall,upon written notice from the Director,conduct groundwater monitoring as maybe required to
determine the compliance of this NPDES permitted facility with the current groundwater standards.
Section C. Changes in Discharges of Toxic Substances
The Permittee shall notify the Permit Issuing Authority as soon as it knows or has reason to believe(40 CFR 122.42):
a. That any activity has occurred or will occur which would result in the discharge,on a routine or frequent basis,of
any toxic pollutant which is not limited in the permit,if that discharge will exceed the highest of the following
"notification levels";
(1) One hundred micrograms per liter(100 µg/L);
(2) Two hundred micrograms per liter(200 µg/L)for acrolein and acrylonitrile; five hundred micrograms per liter
(500 µg/L)for 2,4-dinitrophenol and for 2-methyl-4,6-dinitrophenol;and one milligram per liter(1 mg/L)for
antimony;
(3) Five times the maximum concentration value reported for that pollutant in the permit application.
b. That any activity has occurred or will occur which would result in any discharge,on a non-routine or infrequent
basis,of a toxic pollutant which is not limited in the permit,if that discharge will exceed the highest of the
following"notification levels";
(1) Five hundred micrograms per liter(500 µg/L);
(2) One milligram per liter(1 mg/L)for antimony;
(3) Ten times the maximum concentration value reported for that pollutant in the permit application.
Section D. Facility Closure Requirements
The Permittee must notify the Division at least 90 days prior to the closure of any wastewater treatment system covered
by this permit.The Division may require specific measures during deactivation of the system to prevent adverse
impacts to waters of the State.This permit cannot be rescinded while any activities requiring this permit continue at the
permitted facility.
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PART IV
SPECIAL CONDITIONS FOR MUNICIPAL FACILITIES
Section A. Definitions
In addition to the definitions in Part II of this permit,the following definitions apply to municipal facilities:
Indirect Discharge or Industrial User
Any non-domestic source that discharges wastewater containing pollutants into a POTW regulated under section
307(b),(c)or(d)of the CWA. [40 CFR 403.3 (i)and(j)and 15A NCAC 02H.0903(b)(11)]
Interference
Inhibition or disruption of the POTW treatment processes;operations;or its sludge process,use,or disposal which
causes or contributes to a violation of any requirement of the Permittee's(or any satellite POTW's if different from the
Permittee)NPDES,collection system,or non-discharge permit or prevents sewage sludge use or disposal in
compliance with specified applicable State and Federal statutes,regulations,or permits. [15A NCAC 02H
.0903(b)(14)]
Pass Through
A discharge which exits the POTW into waters of the State in quantities or concentrations which,alone or with
discharges from other sources,causes a violation, including an increase in the magnitude or duration of a violation,of
the Permittee's(or any satellite POTW's,if different from the Permittee)NPDES,collection system,or non-discharge
permit. [15A NCAC 02H .0903(b)(23)]
Publicly Owned Treatment Works(POTW)
A treatment works as defined by Section 212 of the CWA,which is owned by a State or local government organization.
This definition includes any devices and systems used in the storage,treatment,recycling and reclamation of municipal
sewage or industrial wastes of a liquid nature. It also includes the collection system,as defined in 15A NCAC 2T
.0402,only if it conveys wastewater to a POTW treatment plant.The term also means the local government
organization,or municipality,as defined in section 502(4)of the CWA,which has jurisdiction over indirect discharges
to and the discharges from such a treatment works.In this context,the organization may be the owner of the POTW
treatment plant or the owner of the collection system into which an indirect discharger discharges.This second type of
POTW may be referred to as a"satellite POTW organization." [15A NCAC 02H .0903(b)(26)]
"Significant Industrial User"or"SIU"
An Industrial User that discharges wastewater into a publicly owned treatment works and that[15A NCAC 02H
.0903(b)(33)]:
1. Discharges an average of 25,000 gallons per day or more of process wastewater to the POTW(excluding sanitary,
noncontact cooling and boiler blowdown wastewaters);or
2. Contributes process wastewater which makes up five percent or more of the NPDES or non-discharge permitted
flow limit or organic capacity of the POTW treatment plant.In this context,organic capacity refers to BOD,TSS
and ammonia;or
3. Is subject to categorical standards under 40 CFR Part 403.6 and 40 CFR Parts 405-471; or
4. Is designated as such by the Permittee on the basis that the Industrial User has a reasonable potential for adversely
affecting the POTW's operation or for violating any pretreatment standard or requirement,or the POTW's effluent
limitations and conditions in its NPDES or non-discharge permit,or to limit the POTW's sludge disposal options;
5. Subject to approval under 15A NCAC 02H.0907(b),the Permittee may determine that an Industrial User meeting
the criteria in paragraphs 1 or 2 of this definition above has no reasonable potential for adversely affecting the
POTW's operation or for violating any pretreatment standard or requirement,the POTW's effluent limitations and
conditions in its NPDES or non-discharge permit,or to limit the POTW's sludge disposal options,and thus is not a
Significant Industrial User(SIU);or
6. Subject to approval under 15A NCAC 02H .0907(b),the Permittee may determine that an Industrial User meeting
the criteria in paragraph 3 of this definition above meets the requirements of 40 CFR Part 403.3(v)(2)and thus is a
non-significant categorical Industrial User.
Section B. Publicly Owned Treatment Works(POTWs)
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All POTWs must provide adequate notice to the Director of the following[40 CFR 122.42(b)]:
I. Any new introduction of pollutants into the POTW from an indirect discharger,regardless of the means of
transport,which would be subject to section 301 or 306 of CWA if it were directly discharging those pollutants;
and
2. Any substantial change in the volume or character of pollutants being introduced by an indirect discharger as
influent to that POTW at the time of issuance of the permit.
3. For purposes of this paragraph,adequate notice shall include information on(1)the quality and quantity of effluent
introduced into the POTW,and(2)any anticipated impact that may result from the change of the quantity or
quality of effluent to be discharged from the POTW.
Section C. Municipal Control of Pollutants from Industrial Users.
1. Effluent limitations are listed in Part I of this permit.Other pollutants attributable to inputs from Industrial Users
discharging to the POTW may be present in the Permittee's discharge.At such time as sufficient information
becomes available to establish limitations for such pollutants,this permit may be revised to specify effluent
limitations for any or all of such other pollutants in accordance with best practicable technology or water quality
standards.
2. Prohibited Discharges
a. The Permittee shall develop and enforce their Pretreatment Program to implement the prohibition against the
introduction of pollutants or discharges into the waste treatment system or waste collection system which
cause or contribute to Pass Through or Interference as defined in 15A NCAC 02H .0900 and 40 CFR 403. [40
CFR 403.5(a)(1)]
b. The Permittee shall develop and enforce their Pretreatment Program to implement the prohibitions against the
introduction of the following wastes in the waste treatment or waste collection system [40 CFR 403.5(b)]:
(1) Pollutants which create a fire or explosion hazard in the POTW,including,but not limited to,
wastestreams with a closed cup flashpoint of less than 140 degrees Fahrenheit or 60 degrees Centigrade
using the test methods specified in 40 CFR 261.21;
(2) Pollutants which cause corrosive structural damage to the POTW,but in no case discharges with pH lower
than 5.0,unless the works is specifically designed to accommodate such discharges;
(3) Solid or viscous pollutants in amounts which cause obstruction to the flow in the POTW resulting in
Interference;
(4) Any pollutant,including oxygen demanding pollutants(BOD,etc.)released in a Discharge at a flow rate
and/or pollutant concentration which will cause Interference with the POTW;
(5) Heat in amounts which will inhibit biological activity in the POTW resulting in Interference,but in no
case heat in such quantities that the temperature at the POTW Treatment Plant exceeds 40°C(104°F)
unless the Division,upon request of the POTW,approves alternate temperature limits;
(6) Petroleum oil,non-biodegradable cutting oil,or products of mineral oil origin in amounts that will cause
Interference or Pass Through;
(7) Pollutants which result in the presence of toxic gases,vapors,or fumes within the POTW in a quantity that
may cause acute worker health and safety problems;or
(8) Any trucked or hauled pollutants,except at discharge points designated by the POTW.
c. The Permittee shall investigate the source of all discharges into the POTW, including slug loads and other
unusual discharges,which have the potential to adversely impact the Permittee's Pretreatment Program and/or
the operation of the POTW.
The Permittee shall report such discharges into the POTW to the Director or the appropriate Regional Office.
Any information shall be provided orally within 24 hours from the time the Permittee became aware of the
circumstances.A written submission shall also be provided within 5 days of the time the Permittee becomes
aware of the circumstances.The written submission shall contain a description of the discharge;the
investigation into possible sources;the period of the discharge,including exact dates and times; if the
discharge has not ceased,the anticipated time it is expected to continue;and steps taken or planned to reduce,
eliminate,and prevent reoccurrence of the noncompliance,
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3. With regard to the effluent requirements listed in Part I of this permit,it may be necessary for the Permittee to
supplement the requirements of the Federal Pretreatment Standards(40 CFR, Part 403)to ensure compliance by
the Permittee with all applicable effluent limitations. Such actions by the Permittee may be necessary regarding
some or all of the industries discharging to the municipal system.
4. The Permittee shall require any Industrial User(IU)discharging to the POTW to meet Federal Pretreatment
Standards developed under Section 307(b)of the Act as amended(which includes categorical standards and
specific local limits,best management practices and narrative requirements).Prior to accepting wastewater from
any Significant Industrial User(SIU),the Permittee shall either develop and submit to the Division a new
Pretreatment Program or,as necessary,a modification of an existing Pretreatment Program,for approval as
required under section D below as well as 15A NCAC 02H .0907(a)and(b). [40 CFR 122.44(j)(2)]
5. This permit shall be modified,or alternatively,revoked and reissued,to incorporate or modify an approved POTW
Pretreatment Program or to include a compliance schedule for the development of a POTW Pretreatment Program
as required under Section 402(b)(8)of the CWA and implementing regulations or by the requirements of the
approved State pretreatment program,as appropriate.
Section D. Pretreatment Programs
Under authority of sections 307(b)and(c)and 402(b)(8)of the CWA and implementing regulations 40 CFR 403,
North Carolina General Statute 143-215.3(14)and implementing regulations 15A NCAC 02H .0900,and in accordance
with the approved pretreatment program,all provisions and regulations contained and referenced in the pretreatment
program submittal are an enforceable part of this permit. [40 CFR I22.44(j)(2)]
The Permittee shall operate its approved pretreatment program in accordance with Section 402(b)(8)of the CWA,40
CFR 403, 15A NCAC 02H .0900,and the legal authorities,policies,procedures,and financial provisions contained in
its pretreatment program submission and Division approved modifications thereof. Such operation shall include but is
not limited to the implementation of the following conditions and requirements.Terms not defined in Part II or Part IV
of this permit are as defined in 15A NCAC 02H .0903 and 40 CFR 403.3.
1. Sewer Use Ordinance(SUO)
The Permittee shall maintain adequate legal authority to implement its approved pretreatment program. [15A
NCAC 02H .0903(b)(32), .0905 and.0906(b)(1);40 CFR 403.8(f)(1)and 403.9(b)(1)and(2)]
2. Industrial Waste Survey(IWS)
The Permittee shall implement an I WS consisting of the survey of users of the POTW collection system or
treatment plant,as required by 40 CFR 403.8(f)(2)(i-iii)and 15A NCAC 02H .0905 [also 40 CFR 122.44(j)(1)],
including identification of all Industrial Users that may have an impact on the POTW and the character and amount
of pollutants contributed to the POTW by these Industrial Users and identification of those Industrial Users
meeting the definition of SIU. Where the Permittee accepts wastewater from one or more satellite POTWs,the
IWS for the Permittee shall address all satellite POTW services areas,unless the pretreatment program in those
satellite service areas is administered by a separate Permittee with an approved Pretreatment Program.The
Permittee shall submit a summary of its IWS activities to the Division at least once every five years,and as
required by the Division. The IWS submission shall include a summary of any investigations conducted under
paragraph C.2.c.of this Part. [15A NCAC 02H .0903(b)(13), .0905 and.0906(b)(2);40 CFR 403.8(0(2)and 403.9]
3. Monitoring Plan
The Permittee shall implement a Division-approved Monitoring Plan for the collection of facility specific data to
be used in a wastewater treatment plant Headworks Analysis(HWA)for the development of specific pretreatment
local limits. Effluent data from the Plan shall be reported on the DMRs(as required by Parts II.D and II.E.5.). [15A
NCAC 02H .0903(b)(16), .0906(b)(3)and.0905]
4. Headworks Analysis(HWA)and Local Limits
The Permittee shall obtain Division approval of a HWA at least once every five years,and as required by the
Division. Within 180 days of the effective date of this permit(or any subsequent permit modification)the
Permittee shall submit to the Division a written technical evaluation of the need to revise local limits(i.e.,an
updated HWA or documentation of why one is not needed) [40 CFR 122.44].The Permittee shall develop, in
accordance with 40 CFR 403.5(c)and 15A NCAC 02H .0909,specific Local Limits to implement the prohibitions
listed in 40 CFR 403.5(a)and(b)and 15A NCAC 02H .0909. Pursuant to 40 CFR 403.5, local limits are
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• enforceable Pretreatment Standards as defined by 40 CFR 403.3(1). [15A NCAC 02H.0903(b)(10), .0905,and
.0906(b)(4)]
5. Industrial User Pretreatment Permits(IUP)&Allocation Tables
In accordance with NCGS 143-215.1,the Permittee shall issue to all Significant Industrial Users,permits for
operation of pretreatment equipment and discharge to the Permittee's collection system or treatment works.These
permits shall contain limitations, sampling protocols,reporting requirements,appropriate standard and special
conditions,and compliance schedules as necessary for the installation of treatment and control technologies to
assure that their wastewater discharge will meet all applicable pretreatment standards and requirements.The
Permittee shall maintain a current Allocation Table(AT)which summarizes the results of the HWA and the limits
from all IUPs. Permitted IUP loadings for each parameter cannot exceed the treatment capacity of the POTW as
determined by the HWA. [15A NCAC 02H.0906(b)(6), .0909, .0916,and.0917;40 CFR 403.5,403.8(f)(1)(iii);
NCGS 143-215.67(a)]
6. Authorization to Construct(AtC)
The Permittee shall ensure that an Authorization to Construct permit(AtC)is issued to all applicable Industrial
Users for the construction or modification of any pretreatment facility. Prior to the issuance of an AtC,the
proposed pretreatment facility and treatment process must be evaluated for its capacity to comply with all
Industrial User Pretreatment Permit(IUP)limitations. [15A NCAC 02H .0906(b)(7)and.0905;NCGS 143-
215.1(a)(8)]
7. POTW Inspection&Monitoring of their IUs
The Permittee shall conduct inspection,surveillance,and monitoring activities as described in its Division
approved pretreatment program in order to determine,independent of information supplied by Industrial Users,
compliance with applicable pretreatment standards. [15A NCAC 02H.0908(e);40 CFR 403.8(f)(2)(v)] The
Permittee must:
a. Inspect all Significant Industrial Users(SIUs)at least once per calendar year;
b. Sample all Significant Industrial Users(SIUs)at least once per calendar year for all SIU permit-limited
parameters including flow except as allowed under 15A NCAC .0908(e);and
c. At least once per year,document an evaluation of any non-significant categorical Industrial User fi'_
compliance with the requirements in 40 CFR 403.3(v)(2),and either continue or revoke the desigion as non-
significant.
8. IU Self Monitoring and Reporting
The Permittee shall require all Industrial Users to comply with the applicable monitoring and reporting
requirements outlined in the Division-approved pretreatment program,the industry's pretreatment permit,or in 15A
NCAC 02H .0908. [15A NCAC 02H .0906(b)(5)and.0905;40 CFR 403.8(f)(1)(v)and(2)(iii);40 CFR
122.44(j)(2)and 40 CFR 403.12]
9. Enforcement Response Plan(ERP)
The Permittee shall enforce and obtain appropriate remedies for violations of all pretreatment standards
promulgated pursuant to section 307(b)and(c)of the CWA(40 CFR 405 et. seq.),prohibitive discharge standards
as set forth in 40 CFR 403.5 and 15A NCAC 02H .0909, specific local limitations,and other pretreatment
requirements.All remedies,enforcement actions and other,shall be consistent with the Enforcement Response
Plan(ERP)approved by the Division. [15A NCAC 02H .0903(b)(7), .0906(b)(8)and.0905;40 CFR 403.8(0(5)]
10. Pretreatment Annual Reports(PAR)
The Permittee shall report to the Division in accordance with 15A NCAC 02H .0908.In lieu of submitting annual
reports,Modified Pretreatment Programs developed under 15A NCAC 02H.0904(b)may be required to submit a
partial annual report or to meet with Division personnel periodically to discuss enforcement of pretreatment
requirements and other pretreatment implementation issues.
For all other active pretreatment programs,the Permittee shall submit two copies of a Pretreatment Annual Report
(PAR)describing its pretreatment activities over the previous calendar year to the Division at the following
address:
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•NC DEQ/Division of Water Resources/Water Quality Permitting Section
Pretreatment,Emergency Response,and Collection Systems(PERCS)Unit
1617 Mail Service Center
Raleigh,North Carolina 27699-1617
These reports shall be submitted by March 1 of each year and shall contain the following:
a. Narrative
A narrative summary detailing actions taken,or proposed,by the Permittee to correct significant non-
compliance and to ensure compliance with pretreatment requirements;
b. Pretreatment Program Summary(PPS)
A pretreatment program summary(PPS)on forms or in a format provided by the Division;
c. Significant Non-Compliance Report(SNCR)
A list of Industrial Users(IUs)in significant noncompliance(SNC)with pretreatment requirements,and the
nature of the violations on forms or in a format provided by the Division;
d. Industrial Data Summary Forms(IDSF)
Monitoring data from samples collected by both the POTW and the Significant Industrial Users(SIUs).These
analytical results must be reported on Industrial Data Summary Forms(IDSF)or on other forms or in a format
provided by the Division;
e. Other Information
Copies of the POTW's allocation table,new or modified enforcement compliance schedules,public notice of
IUs in SNC,a summary of data or other information related to significant noncompliance determinations for
IUs that are not considered SIUs,and any other information,upon request,which in the opinion of the Director
is needed to determine compliance with the pretreatment implementation requirements of this permit;
11. Public Notice
The Permittee shall publish annually a list of Industrial Users(IUs)that were in significant noncompliance(SNC)
as defined in the Permittee's Division-approved Sewer Use Ordinance with applicable pretreatment requirements
and standards during the previous twelve month period.This list shall be published within four months of the
applicable twelve-month period. [15A NCAC 02H .0903(b)(34), .0908(b)(5)and.0905 and 40 CFR
403.8(f)(2)(viii)]
12. Record Keeping
The Permittee shall retain for a minimum of three years records of monitoring activities and results,along with
support information including general records,water quality records,and records of industrial impact on the
POTW and shall retain all other Pretreatment Program records as required by 15A NCAC 02H.0908(f). [15A
NCAC 02H .0908(f);40 CFR 403.12(o)]
13. Pretreatment Program Resources
The Permittee shall maintain adequate funding and qualified personnel to accomplish the objectives of its approved
pretreatment program. and retain a written description of those current levels of inspection. [15A NCAC 02H
.0906(b)(9)and(10)and.0905;40 CFR 403.8(f)(3),403.9(b)(3)]
14. Modification to Pretreatment Programs
Modifications to the approved pretreatment program including but not limited to local limits modifications,POTW
monitoring of their Significant Industrial Users(SIUs),and Monitoring Plan modifications,shall be considered a
permit modification and shall be governed by 40 CFR 403.18, 15 NCAC 02H.0114 and 15A NCAC 02H.0907.
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