NC0086169_Permit (Issuance)_20190816

DocuSign Envelope ID: AC4DA08E-93D4-4798-B32E-AF9EA578BA2E
ROY COOPER
Governor
MICHAEL S. REGAN
Secretary
LINDA CULPEPPER
Director
NORTH CAROLINA
Ertvba,Me tial Quality
8/16/2019
Mr. Don L. Hefner
Corning Incorporated
14556 US Hwy 601 S
Midland, NC 28107
Subject: NPDES PERMIT ISSUANCE
NPDES Permit NCO086169
Fiber Optic Facility
Grade II Physical Chemical WPCS
Cabarrus County
Dear Mr. Hefner:
Division personnel have reviewed and approved your application for renewal of the subject permit.
Accordingly, we are forwarding the attached final NPDES discharge permit. This permit is issued
pursuant to the requirements of North Carolina General Statute 143-215.1 and the Memorandum of
Agreement between North Carolina and the U.S. Environmental Protection Agency dated October 15,
2007 (or as subsequently amended).
The final permit includes the following significant changes from the existing permit:
1. Language has been updated in Sections A. (1), A. (2), and A. (3), and in Section A. (10) to
require electronic submission of effluent data. Federal regulations require electronic submittal of
all discharge monitoring reports (DMRs).
2. Regulatory citations have been added to the permit.
3. Outfall map has been updated.
4. Facility address has been updated on the cover sheet per the renewal application.
5. Receiving stream characteristics have been updated on the Supplement to Permit Cover Sheet.
6. The facility grade and parameter codes have been added in Sections A. (1), A. (2), and A. (3).
7. Monitoring for copper and chlorides has been removed in Section A. (2) per the reasonable
potential analysis.
8. Monitoring for total hardness has been added in Section A. (3).
9. Footnotes for total residual chlorine have been added in Section A. (1) and updated in Sections
A. (2) and A. (3).
10. Toxicity testing language has been updated in Sections A. (4) and A. (5).
11. Language in Section A. (7) has been updated.
The final permit includes the following significant changes from the draft permit:
1. A biocide condition has been added as Section A. (9) to address the use of newly identified
chemicals that have the potential to be discharged from Outfall 002. Please see Section A. (9) for
current and future chemical usage guidance.
D_EQ�
North Carolina Department of Environmental Quality I Division of Water Resources
1617 Mail Service Center I Raleigh, North Carolina 27699-1617
919-707-9000

DocuSign Envelope ID: AC4DA08E-93D4-4798-B32E-AF9EA578BA2E
Mr. Don Hefner
NCO086169 Issued Permit
If the permittee wishes to add any additional chemicals for any reason, the permittee is required to fill
out a "biocide form" for each chemical along with the SDS sheets with ecological data and submit this
information for review. The biocide forms can be found on the Aquatic Toxicology Branch website at
https:Hdeq.nc.gov/about/divisions/water-resources/water-resources-data/water-sciences-home-
page/aquatic-toxicology-branch/downloads, under "Other Downloads" — "Biocide Worksheet Form
101". Please note, per Section A. (9) of this permit, the permittee shall notify the Director in writing
not later than ninety (90) days prior to instituting use of any additional biocide used in cooling
systems which may be toxic to aquatic life other than those previously reported to the Division of Water
Resources.
Please note that the receiving stream for Outfall 002 is listed as an impaired waterbody on the North
Carolina 303(d) Impaired Waters List. Addressing impaired waters is a high priority with the Division,
and instream data will continue to be evaluated. If there is noncompliance with permitted effluent limits
and stream impairment can be attributed to your facility, then mitigative measures may be required.
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 permit 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 any other Federal, State, or Local governmental permit that may be required.
If you have any questions or need additional information, please do not hesitate to contact Brianna
Young of my staff at [phone].
Sincerely,
DocuSigned by:
a ��
83281344CE9EB4A1...
Linda Culpepper
Director, Division of Water Resources
cc: NPDES Files
Central files
Mooresville Regional Office
WSS/Aquatic Toxicology Branch
Timothy Haley, Corning Incorporated

DocuSign Envelope ID: AC4DA08E-93D4-4798-B32E-AF9EA578BA2E
Permit NCO086169
STATE OF NORTH CAROLINA
DEPARTMENT OF ENVIRONMENTAL QUALITY
DIVISION OF WATER RESOURCES
PERMIT
TO DISCHARGE WASTEWATER UNDER THE
NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM
NPDES
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,
Corning, Incorporated
is hereby authorized to discharge wastewater and stormwater from a facility located at the
Midland Plant WWTP
14556 U.S. Highway 601 South
Midland
Cabarrus County
to receiving waters designated as an unnamed tributary to Muddy Creek (Outfall 001), an unnamed
tributary to Clear Creek (Outfall 002), and the Rocky River (Outfall 003) in the Yadkin -Pee Dee River
Basin in accordance with effluent limitations, monitoring requirements, and other applicable conditions
set forth in Parts I, II, III, IV, and V hereof
The permit shall become effective September 1, 2019.
This permit and the authorization to discharge shall expire at midnight on October 31, 2023.
Signed this day
8/16/2019 DocuSigned by:
01�1
8328B44CE9EB4A1...
Linda Culpepper
Director, Division of Water Resources
By Authority of the Environmental Management Commission
Page 1 of 19

DocuSign Envelope ID: AC4DA08E-93D4-4798-B32E-AF9EA578BA2E
Permit NCO086169
SUPPLEMENT TO PERMIT COVER SHEET
All previous NPDES Permits issued to this facility, whether for operation or discharge are hereby
revoked, and as of this issuance, any previously issued permit bearing this number is no longer effective.
Therefore, the exclusive authority to operate and discharge from this facility arises under the permit
conditions, requirements, terms, and provisions included herein.
Corning, Incorporated
is hereby authorized to:
Continue operation of a 0.107 MGD wastewater treatment facility (Outfall 003) located at the
Midland Plant WWTP off U.S. Highway 601 near Midland in Cabarrus County. The wastewater
treatment facility includes the following treatment components:
• 2 Equalization tanks
• 2 Off -spec tanks
• 3 Lamella clarifiers
• 4 Neutralization tanks
• Chloride stabilization tank
• Surge blend tank
2. After completing the expansion, operate facilities for the discharge of up to 0.142 MGD through
Outfall 003; and
3. Discharge stormwater from a wet retention pond into an unnamed tributary of Muddy Creek
(Outfall 001 — See Part I, Section A. (7) Stormwater Monitoring, Controls and Limitations for
Permitted Discharges, for monitoring requirements) [Stream Segment: 13-17-16]; discharge
stormwater, boiler blowdown, and non -contact cooling water from a wet detention pond into an
unnamed tributary to Clear Creek (Outfall 002) [Stream Segment: 13-17-17]; and discharge process
wastewater, cooling tower blowdown, and carbon filter backwash from the above referenced
treatment works at the location specified on the attached map into the Rocky River (Outfall 003)
[Stream Segment: 13-17]. All receiving streams are waterbodies currently classified C waters in
subbasin 03-07-12 [HUC: 030401050] in the Yadkin -Pee Dee River Basin.
Page 2 of 19

DocuSign Envelope ID: AC4DA08E-93D4-4798-B32E-AF9EA578BA2E
Permit NCO086169
PART I.
A. (1) EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS (Outfall 002)
[15A NCAC 02B .0400 et seq., 02B .0500 et seq.]
Grade II Physical Chemical WPCS [15A NCAC 08G .0302]
During the period beginning on the effective date of this permit and lasting until permit expiration, the
Permittee is authorized to discharge from Outfall 002 [Stormwater, Humidification Boiler Blowdown,
and Non -Contact Cooling Water]. Such discharges shall be limited and monitored' by the Permittee as
specified below:
PARAMETER
Parameter Codes
LIMITS
MONITORING REQUIREMENTS
Monthly
Average
Daily
Average
Measurement
Frequency
Sample
Type
Sample
Location 2
Flow 50050
Semi-annually
Estimate
Effluent
Temperature 00010
Semi-annually
Grab
Effluent
Total Residual Chlorine 4 50060
Semi-annually
Grab
Effluent
H 00400
> 6.0 and < 9.0 Standard Units
Semi-annually
Grab
Effluent
Notes:
1. The permittee shall submit discharge monitoring reports electronically using the NC DWR's eDMR
application system [see Section A. (10)].
2. The effluent for this outfall shall mean a point upstream of the mixing point with stormwater.
3. The temperature of the effluent will be regulated so that the temperature of the receiving stream does not
increase more than 2.8'C above the natural water temperature. Receiving water temperature will not exceed a
maximum of 32'C.
4. 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.
There shall be no chromium, zinc or copper added to the treatment system except as pre -approved
additives to biocidal compounds.
The permittee shall obtain authorization from the Division prior to the use of biocide in the cooling
water. The permittee shall notify the Director in writing at least ninety (90) days prior to instituting use
of any additional biocide in the treatment system which may be toxic to aquatic life (other than biocides
previously reported to the Division). Such notification shall include completion of Biocide Worksheet
101 and a map indicating the discharge point and receiving stream.
Conditions related to the stormwater portion of this outfall can be found in Part I, Section A. (7)
Stormwater Monitoring, Controls and Limitations for Permitted Discharges.
See Part I, Section A. (8) - Annual Shutdown Procedures Condition
There shall be no discharge of floating solids or visible foam in other than trace amounts.
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DocuSign Envelope ID: AC4DA08E-93D4-4798-B32E-AF9EA578BA2E
Permit NCO086169
A. (2) EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS
(Outfall 003 at 0.107 MGD)
[15A NCAC 02B .0400 et seq., 02B .0500 et seq.]
Grade II Physical Chemical WPCS [15A NCAC 08G .0302]
During the period beginning on the effective date of the permit and lasting until expansion beyond
0.107 MGD or permit expiration, the Permittee is authorized to discharge from Outfall 003 [Industrial
Process Wastewater, Non -contact Cooling Water, and Carbon Filter Backwash]. Such discharges shall
be limited and monitored' by the Permittee as specified below:
PARAMETER
Parameter Codes
LIMITS
MONITORING
REQUIREMENTS
Monthly
Average
Daily
Average
Measurement
Frequency
Sample
Type
Sample
Location 2
Flow 50050
0.107 MGD
Continuous
Estimate
Effluent
Total Residual Chlorine 3 50060
28 /L
2/Week
Grab
Effluent
Total Suspended Solids C0530
30.0 m /L
45.0 m /L
Weekly
Composite
Effluent
Temperature 00010
Weekly
Grab
Effluent
H 00400
> 6.0 and < 9.0 Standard Units
Weekly
Grab
Effluent
Total Phosphorus C0665
Quarterly
Composite
Effluent
Chronic Toxicity TGP38
Quarterly
Composite
Effluent
Notes:
1. The permittee shall submit discharge monitoring reports electronically using the NC DWR's eDMR
application system [see Section A. (10)].
2. The compliance point for flow shall be upstream of the non -contact cooling water and boiler blowdown
internal outfall. The compliance point for all other parameters shall be at the Rocky River discharge location.
3. 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.
4. The temperature of the effluent will be regulated so that the temperature of the receiving stream does not
increase more than 2.8°C above the natural water temperature. Receiving water temperature will not exceed a
maximum of 32°C.
5. Chronic Toxicity (Ceriodaphnia) at 1.0%; January, April, July and October [see Section A. (4)].
See Part I, Section A. (8) - Annual Shutdown Procedures Condition
There shall be no discharge of floating solids or visible foam in other than trace amounts.
Page 4 of 19

DocuSign Envelope ID: AC4DA08E-93D4-4798-B32E-AF9EA578BA2E
Permit NCO086169
A. (3) EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS
(Outfall 003 at 0.142 MGD)
[15A NCAC 02B .0400 et seq., 02B .0500 et seq.]
Grade II Physical Chemical WPCS [15A NCAC 08G .0302]
During the period beginning upon expansion beyond 0.107 MGD and lasting until expiration, the
Permittee is authorized to discharge from Outfall 003 [Industrial Process Wastewater, Non -contact
Cooling Water, and Carbon Filter Backwash]. Such discharges shall be limited and monitored' by the
Permittee as specified below:
PARAMETER
Parameter Codes
LIMITS
I MONITORING REQUIREMENTS
Monthly
Average
Daily
Average
Measurement
Frequency
Sample
Type
Sample
Location 2
Flow 50050
0.142 MGD
Continuous
Estimate
Effluent
Total Residual Chlorine 3 50060
28 /L
2/Week
Grab
Effluent
Total Suspended Solids C0530
30.0 m /L
45.0 m /L
Weekly
Composite
Effluent
Temperature 4 00010
Weekly
Grab
Effluent
H 00400
> 6.0 and < 9.0 Standard Units
Weekly
Grab
Effluent
Chloride 00940
Quarterly
Composite
Effluent
Total Copper 01042
Quarterly
Grab
Effluent
Total Phosphorus C0665
Quarterly
Composite
Effluent
Hardness — Total as 5 00900
[CaCO3 or (Ca + Mg)]
Monitor & Report
Quarterly
Composite
Effluent
Hardness — Total as s 00900
[CaCO3 or (Ca + Mg)]
Monitor & Report
Quarterly
Grab
Upstream
Chronic Toxicity' TGP38
I
I Quarterly
I Composite
I Effluent
Notes:
I • The permittee shall submit discharge monitoring reports electronically using the NC DWR's eDMR
application system [see Section A. (10)].
2. The compliance point for flow shall be upstream of the non -contact cooling water and boiler blowdown
internal outfall. The compliance point for all other parameters shall be at the Rocky River discharge location.
3. 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.
4. The temperature of the effluent will be regulated so that the temperature of the receiving stream does not
increase more than 2.8'C above the natural water temperature. Receiving water temperature will not exceed a
maximum of 32°C.
5. Effluent hardness sampling should be performed in conjunction with testing for hardness dependent metals
(cadmium, copper, lead, nickel, silver, and zinc).
6. The Permittee shall sample instream hardness, upstream of the facility's discharge. The sample shall be
representative of the hardness in the receiving stream. If the Permittee is a member of the Monitoring
Coalition Program, sampling for instream hardness may be waived as long as the Monitoring coalition agrees
to sample hardness at the nearest upstream location, at a minimum frequency of quarterly, and the Permittee
has obtained approval from DWR-NPDES Permitting Unit that the upstream station being monitored by the
Coalition is representative of the receiving stream for this discharge. The Permittee is responsible for
submitting instream hardness test results with its permit renewal application package. If Coalition
membership is cancelled or the Coalition terminates instream hardness sampling at the approved station, the
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DocuSign Envelope ID: AC4DA08E-93D4-4798-B32E-AF9EA578BA2E
Permit NC0086169
Permittee will immediately notify the Division and resume sampling for instream hardness, upstream of its
discharge.
7. Chronic Toxicity (Ceriodaphnia) at 1.7%; January, April, July and October [see Section A. (5)].
See Part I, Section A. (8) - Annual Shutdown Procedures Condition
There shall be no discharge of floating solids or visible foam in other than trace amounts.
Page 6 of 19

DocuSign Envelope ID: AC4DA08E-93D4-4798-B32E-AF9EA578BA2E
Permit NCO086169
A. (4) CHRONIC TOXICITY PERMIT LIMIT (QUARTERLY test at 0.107 MGD)
[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 1.0 %.
The permit holder shall perform at a minimum, quarterly monitoring using test procedures outlined in
the "North Carolina Ceriodaphnia Chronic Effluent Bioassay Procedure," Revised December 2010, or
subsequent versions or "North Carolina Phase II Chronic Whole Effluent Toxicity Test Procedure"
(Revised- December 2010) or subsequent versions. The tests will be performed during the months of
January, April, July, and October. These months signify the first month of each three-month toxicity
testing quarter assigned to the facility. Effluent sampling for this testing must be obtained during
representative effluent discharge and shall be performed at the NPDES permitted final effluent discharge
below all treatment processes.
If the test procedure performed as the first test of any 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 -December 2010) or subsequent versions.
All toxicity testing results required as part of this permit condition will be entered on the Effluent
Discharge Monitoring Form (MR-1) for the months in which tests were performed, using the parameter
code TGP311 for the pass/fail results and THP311 for the Chronic Value. Additionally, DWR Form AT-
3 (original) is to be sent to the following address:
Attention: North Carolina Division of Water Resources
Water Sciences Section/Aquatic Toxicology Branch
1621 Mail Service Center
Raleigh, NC 27699-1621
Completed Aquatic Toxicity Test Forms shall be filed with the Water Sciences Section no later than 30
days after the end of the reporting period for which the report is made.
Test data shall be complete, accurate, include all supporting chemical/physical measurements and all
concentration/response data, and be certified by laboratory supervisor and ORC or approved designate
signature. Total residual chlorine of the effluent toxicity sample must be measured and reported if
chlorine is employed for disinfection of the waste stream.
Should there be no discharge of flow from the facility during a month in which toxicity monitoring is
required, the permittee will complete the information located at the top of the aquatic toxicity (AT) test
form indicating the facility name, permit number, pipe number, county, and the month/year of the report
with the notation of "No Flow" in the comment area of the form. The report shall be submitted to the
Water Sciences Section at the address cited above.
Should the permittee fail to monitor during a month in which toxicity monitoring is required, monitoring
will be required during the following month. Assessment of toxicity compliance is based on the toxicity
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DocuSign Envelope ID: AC4DA08E-93D4-4798-B32E-AF9EA578BA2E
Permit NC0086169
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 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.
Page 8 of 19

DocuSign Envelope ID: AC4DA08E-93D4-4798-B32E-AF9EA578BA2E
Permit NCO086169
A. (5) CHRONIC TOXICITY PERMIT LIMIT (QUARTERLY test at 0.142 MGD)
[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 1.7 %.
The permit holder shall perform at a minimum, quarterly monitoring using test procedures outlined in
the "North Carolina Ceriodaphnia Chronic Effluent Bioassay Procedure," Revised December 2010, or
subsequent versions or "North Carolina Phase II Chronic Whole Effluent Toxicity Test Procedure"
(Revised- December 2010) or subsequent versions. The tests will be performed during the months of
January, April, July, and October. These months signify the first month of each three-month toxicity
testing quarter assigned to the facility. Effluent sampling for this testing must be obtained during
representative effluent discharge and shall be performed at the NPDES permitted final effluent discharge
below all treatment processes.
If the test procedure performed as the first test of any 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 -December 2010) or subsequent versions.
All toxicity testing results required as part of this permit condition will be entered on the Effluent
Discharge Monitoring Form (MR-1) for the months in which tests were performed, using the parameter
code TGP311 for the pass/fail results and THP311 for the Chronic Value. Additionally, DWR Form AT-
3 (original) is to be sent to the following address:
Attention: North Carolina Division of Water Resources
Water Sciences Section/Aquatic Toxicology Branch
1621 Mail Service Center
Raleigh, NC 27699-1621
Completed Aquatic Toxicity Test Forms shall be filed with the Water Sciences Section no later than 30
days after the end of the reporting period for which the report is made.
Test data shall be complete, accurate, include all supporting chemical/physical measurements and all
concentration/response data, and be certified by laboratory supervisor and ORC or approved designate
signature. Total residual chlorine of the effluent toxicity sample must be measured and reported if
chlorine is employed for disinfection of the waste stream.
Should there be no discharge of flow from the facility during a month in which toxicity monitoring is
required, the permittee will complete the information located at the top of the aquatic toxicity (AT) test
form indicating the facility name, permit number, pipe number, county, and the month/year of the report
with the notation of "No Flow" in the comment area of the form. The report shall be submitted to the
Water Sciences Section at the address cited above.
Should the permittee fail to monitor during a month in which toxicity monitoring is required, monitoring
will be required during the following month. Assessment of toxicity compliance is based on the toxicity
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DocuSign Envelope ID: AC4DA08E-93D4-4798-B32E-AF9EA578BA2E
Permit NC0086169
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 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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DocuSign Envelope ID: AC4DA08E-93D4-4798-B32E-AF9EA578BA2E
Permit NCO086169
A. (6) BIOLOGICAL MONITORING CONDITION
[ G. S . 143 -215.3 (a) (2) ]
After completion of the expansion to 0.142 MGD, the Permittee shall conduct an upstream and
downstream benthic macroinvertebrate survey. This survey should be conducted between the months of
June and September. A report of the survey's findings shall be included with the next permit renewal
application after the expansion is completed.
For technical assistance regarding this permit requirement, please contact the Division's Biological
Assessment Unit at [phone].
A. (7) STORMWATER MONITORING, CONTROLS, AND LIMITATIONS FOR
PERMITTED DISCHARGES
[143-215(a)]
FINAL LIMITATIONS AND CONTROLS FOR STORMWATER DISCHARGES
No later 180 days prior the expiration date of this permit, the permittee shall submit an NPDES
stormwater permit application to the Division of Energy, Mineral, and Land Resources
(DEMLR). During the period beginning on the effective date of the permit and lasting until expiration,
the permittee is authorized to discharge stormwater associated with industrial activity from outfalls 001
and 002. Such discharges shall be controlled, limited, and monitored as specified below:
Stormwater Pollution Prevention Plans
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 the Division. The SPPP
is public information in accordance with Part I1, Section E.10. of this permit. The SPPP shall
include, at a minimum, the following items:
a) 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
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DocuSign Envelope ID: AC4DA08E-93D4-4798-B32E-AF9EA578BA2E
Permit NCO086169
practices. A narrative description of the potential pollutants that could be expected to be
present in the stormwater discharge from each outfall.
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.
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. The
certification statement will be signed in accordance with the requirements found in Part
II, Section B.11.
b) 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 off 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
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Permit NCO086169
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.
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.
c) 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 the 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 address the
stormwater aspects of the SPRP. The common elements of the SPCC with the SPRP may be
incorporated by reference into the SPRP.
d) 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.
e) 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 A. (7.)(2.) of
this Section (Qualitative Monitoring).
f) 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
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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.
g) 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.
h) 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
Stormwater Permitting Program's website (See `Monitoring Forms' here:
https:Hdeq.nc. gov/about/divisions/energy-mineral-land-resources/npdes-industrial-
stormwater).
i) 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 certification in writing (in accordance with Part II, Section B.11.) to the
Director that the changes have been made.
j) SPPP Implementation. The permittee shall implement the Stormwater Pollution Prevention
Plan and all appropriate BMPs to prevent contaminants from 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.
2. Qualitative Monitoring Requirements
Qualitative monitoring requires a qualitative visual inspection of each stormwater outfall, regardless
of representative outfall status, for the purpose of evaluating the effectiveness of the Stormwater
Pollution Prevention Plan (SPPP) and assessing new sources of stormwater pollution. No analytical
tests are required. Qualitative monitoring of stormwater outfalls must be performed semi-annually
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Permit NC0086169
during a measurable storm event (unless the permittee is required to perform further qualitative
sampling per the Qualitative Monitoring Response, below).
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 Regional Supervisor (See Part V., Definitions).
Inability to sample because of adverse weather conditions must be documented in the SPPP and
recorded on the DMR (see Adverse Weather in Part V., Definitions). Only SDOs discharging
stormwater associated with industrial activity must be monitored (see Part V., 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.
stormwater Discharge
Characteristics
Frequency I
Monitoring Type 2
Monitoring Location 3
Color
Semi-annual
Visual
SDO
Odor
Semi-annual
Observation
SDO
Clarity
Semi-annual
Visual
SDO
Floating Solids
Semi-annual
Visual
SDO
Suspended Solids
Semi-annual
Visual
SDO
Foam
Semi-annual
Visual
SDO
Oil Sheen
Semi-annual
Visual
SDO
Other obvious indicators of
stormwater pollution
Semi-annual
Visual
SDO
1. Frequency: The first qualitative observation during the term of the permit must be
performed within the first six months of the permit term and during the initial analytical
monitoring event (applicable to outfall 002). All subsequent qualitative monitoring will
be performed twice per year (spaced at least 60 days apart) during a measureable
storm event.
2. Monitoring Type: Monitoring requires a qualitative observation of each stormwater
outfall. No analytical testing or sampling is required.
3. SDO: effluent at outfalls 001 and 002.
A minimum of 60 days must separate monitoring events, unless additional sampling has been
instituted as part of the Qualitative Monitoring Response below.
If the permittee's qualitative monitoring indicates that existing stormwater BMPs are ineffective, or
that significant stormwater contamination is present, the permittee shall investigate potential causes,
evaluate the feasibility of corrective actions, and implement those corrective actions within 60 days,
per the Qualitative Monitoring Response that follows. A written record of the permittee's
investigation, evaluation, and response actions shall be kept in the Stormwater Pollution Prevention
Plan.
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Oualitative Monitoring Response
Qualitative monitoring is for the purposes of evaluating SPPP effectiveness, assessing new 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, DWR may but is not
limited to:
• require that the permittee revise, increase, or decrease the monitoring frequency
(analytical or qualitative) for the remainder of the permit;
• 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.
A. (8) ANNUAL SHUTDOWN PROCEDURES CONDITION
[G.S. 143-215.1(b)]
On an annual basis, the permittee is permitted to discharge up to 250,000 gallons of non -contact cooling
water and flush water, from the two cooling tower basins, through Outfall 002. The semi-annual
monitoring associated with Outfall 002 shall coincide with this event. Corning Incorporated shall
develop a HVAC Cooling Tower Shutdown Procedure consistent with Betz -Dearborn recommendations.
The HVAC Cooling Tower Shutdown Procedure should include the condition that both cooling towers
will not be flushed at the same time. This procedure shall be kept on site and available for review by
Division staff upon request. Additionally, the time and duration for the discharge of non -contact cooling
water through Outfall 002 shall be recorded in the operations log by the Operator in Responsible Charge
and available for review by the Division upon request.
A. (9) BIOCIDES
[G.S. 143-215, 143-215.11
The permittee shall not discharge any biocides except those approved in conjunction with the permit
application. Prior to September 1, 2019, the permittee shall not discharge any additional biocide used in
cooling systems which may be toxic to aquatic life other than those previously reported to the Division
of Water Resources. Such notification shall include completion of Biocide Worksheet Form 101 and a
map locating the discharge point and receiving stream. Completion of Biocide Worksheet Form 101 is
not necessary for those outfalls containing toxicity testing. Division approval is not necessary for the
introduction of new biocides into outfalls currently tested for whole effluent toxicity.
After September 1, 2019, the permittee shall not use any biocides except those approved in conjunction
with the permit application. The permittee shall notify the Director in writing not later than ninety (90)
days prior to instituting use of any additional biocide used in cooling systems which may be toxic to
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Permit NCO086169
aquatic life other than those previously reported to the Division of Water Resources. Such notification
shall include completion of Biocide Worksheet Form 101 and a map locating the discharge point and
receiving stream. Completion of Biocide Worksheet Form 101 is not necessary for those outfalls
containing toxicity testing. Division approval is not necessary for the introduction of new biocides into
outfalls currently tested for whole effluent toxicity.
A. (10) ELECTRONIC REPORTING OF MONITORING REPORTS
[NCGS 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.) (a)1
The permittee shall report discharge monitoring data electronically using the NC DWR's Electronic
Discharge Monitoring Report (eDMR) internet application.
Monitoring results obtained during the previous month(s) shall be summarized for each month and
submitted electronically using eDMR. The eDMR system allows permitted facilities to enter monitoring
data and submit DMRs electronically using the internet. Until such time that the state's eDMR
application is compliant with EPA's Cross -Media Electronic Reporting Regulation (CROMERR),
permittees will be required to submit all discharge monitoring data to the state electronically using
eDMR and will be required to complete the eDMR submission by printing, signing, and submitting one
signed original and a copy of the computer printed eDMR to the following address:
NC DEQ / Division of Water Resources / Water Quality Permitting Section
ATTENTION: Central Files
1617 Mail Service Center
Raleigh, North Carolina 27699-1617
If a permittee is unable to use the eDMR system due to a demonstrated hardship or due to the facility
being physically located in an area where less than 10 percent of the households have broadband access,
then a temporary waiver from the NPDES electronic reporting requirements may be granted and
discharge monitoring data may be submitted on paper DMR forms (MR 1, 1. 1, 2, 3) or alternative forms
approved by the Director. Duplicate signed copies shall be submitted to the mailing address above. See
"How to Request a Waiver from Electronic Reporting" section below.
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Permit NC0086169
Regardless of the submission method, the first DMR is due on the last day of the month following the
issuance of the permit or in the case of a new facility, on the last day of the month following the
commencement of discharge.
Starting on December 21, 2020, the permittee must electronically report the following compliance
monitoring data and reports, when applicable:
Sewer Overflow/Bypass Event Reports;
Pretreatment Program Annual Reports; and
Clean Water Act (CWA) Section 316(b) Annual Reports.
The permittee may seek an electronic reporting waiver from the Division (see "How to Request a
Waiver from Electronic Reporting" section below).
2. Electronic Submissions
In accordance with 40 CFR 122.41(1)(9), the permittee must identify the initial recipient at the time of
each electronic submission. The permittee should use the EPA's website resources to identify the initial
recipient for the electronic submission.
Initial recipient of electronic NPDES information from NPDES-regulated facilities means the entity
(EPA or the state authorized by EPA to implement the NPDES program) that is the designated entity for
receiving electronic NPDES data [see 40 CFR 127.2(b)].
EPA plans to establish a website that will also link to the appropriate electronic reporting tool for each
type of electronic submission and for each state. Instructions on how to access and use the appropriate
electronic reporting tool will be available as well. Information on EPA's NPDES Electronic Reporting
Rule is found at: hM2s://www.federalre ig ster.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:
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http: //deq.ne. aov/about/divisions/water-resources/edmr
4. Signatory Requirements [Supplements Section B. (11.) (b) and Supersedes Section B. (11.) (d)1
All eDMRs submitted to the permit issuing authority shall be signed by a person described in Part II,
Section B. (I 1.)(a) or by a duly authorized representative of that person as described in Part II, Section
B. (I 1.)(b). A person, and not a position, must be delegated signatory authority for eDMR reporting
purposes.
For eDMR submissions, the person signing and submitting the DMR must obtain an eDMR user account
and login credentials to access the eDMR system. For more information on North Carolina's eDMR
system, registering for eDMR and obtaining an eDMR user account, please visit the following web
page:
h!Ltp:Hdeq.nc.gov/about/divisions/water-resources/edmr
Certification. Any person submitting an electronic DMR using the state's eDMR system shall make the
following certification [40 CFR 122.22]. NO OTHER STATEMENTS OF CERTIFICATION WILL BE
ACCEPTED:
"I certify, under penalty of law, that this document and all attachments were prepared under my
direction or supervision in accordance with a system designed to assure that qualified personnel
properly gather and evaluate the information submitted. Based on my inquiry of the person or persons
who manage the system, or those persons directly responsible for gathering the information, the
information submitted is, to the best of my knowledge and belief, true, accurate, and complete. I am
aware that there are significant penalties for submitting false information, including the possibility of
fines and imprisonment for knowing violations. "
5. Records Retention [Supplements Section D. (6.)]
The permittee shall retain records of all Discharge Monitoring Reports, including eDMR submissions.
These records or copies shall be maintained for a period of at least 3 years from the date of the report.
This period may be extended by request of the Director at any time [40 CFR 122.41 ].
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DocuSign Envelope ID: AC4DA08E-93D4-4798-B32E-AF9EA578BA2E
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NPDES Permit NCO086169

DocuSign Envelope ID: AC4DA08E-93D4-4798-B32E-AF9EA578BA2E
NPDES Permit Standard Conditions
Page 1 of 18
PART II
STANDARD CONDITIONS FOR NPDES PERMITS
Section A. Definitions
2/Month
Samples are collected twice per month with at least ten calendar days between sampling events. These samples shall be
representative of the wastewater discharged during the sample period.
3/Week
Samples are collected three times per week on three separate calendar days. These samples shall be representative of
the wastewater discharged during the sample period.
Act or "the Act"
The Federal Water Pollution Control Act, also known as the Clean Water Act (CWA), as amended, 33 USC 1251, et.
seq.
Annual Average
The arithmetic mean of all "daily discharges" of a pollutant measured during the calendar year. In the case of fecal
coliform, the geometric mean of such discharges.
Arithmetic Mean
The summation of the individual values divided by the number of individual values.
Bypass
The known diversion of waste streams from any portion of a treatment facility including the collection system, which is
not a designed or established or operating mode for the facility.
Calendar Dav
The period from midnight of one day until midnight of the next day. However, for purposes of this permit, any
consecutive 24-hour period that reasonably represents the calendar day may be used for sampling.
Calendar Week
The period from Sunday through the following Saturday.
Calendar Quarter
One of the following distinct periods: January through March, April through June, July through September, and
October through December.
Composite Sample
A sample collected over a 24-hour period by continuous sampling or combining grab samples of at least 100 mL in
such a manner as to result in a total sample representative of the wastewater discharge during the sample period. The
Director may designate the most appropriate method (specific number and size of aliquots necessary, the time interval
between grab samples, etc.) on a case -by -case basis. Samples may be collected manually or automatically. Composite
samples may be obtained by the following methods:
(1) Continuous: a single, continuous sample collected over a 24-hour period proportional to the rate of flow.
(2) Constant time/variable volume: a series of grab samples collected at equal time intervals over a 24 hour period
of discharge and combined proportional to the rate of flow measured at the time of individual sample
collection, or
(3) Variable time/constant volume: a series of grab samples of equal volume collected over a 24 hour period with
the time intervals between samples determined by a preset number of gallons passing the sampling point. Flow
measurement between sample intervals shall be determined by use of a flow recorder and 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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(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 Environment and Natural Resources.
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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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 H.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. Dpty to Repply
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(Q.
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
1. Representative Sampling
Samples collected and measurements taken, as required herein, shall be representative of the permitted discharge.
Samples collected at a frequency less than daily shall be taken on a day and time that is representative of the
discharge for the period the sample represents. All samples shall be taken at the monitoring points specified in this
permit and, unless otherwise specified, before the effluent joins or is diluted by any other wastestream, body of
water, or substance. Monitoring points shall not be changed without notification to and the approval of the Permit
Issuing Authority [40 CFR 122.410)].
2. Reporting
Monitoring results obtained during the previous month(s) shall be summarized for each month and reported on a
monthly Discharge Monitoring Report (DMR) Form (MR 1, 1. 1, 2, 3) or alternative forms approved by the
Director, postmarked no later than the last calendar day of the month following the completed reporting period.
The first DMR is due on the last day of the month following the issuance of the permit or in the case of a new
facility, on the last day of the month following the commencement of discharge. Duplicate signed copies of these,
and all other reports required herein, shall be submitted to the following address:
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NC DENR / Division of Water Resources / Water Quality Permitting Section
ATTENTION: Central Files
1617 Mail Service Center
Raleigh, North Carolina 27699-1617
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 http://portal.ncdenr.org/web/wq/lab/cert) 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
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].
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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
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.
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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 [phone], [phone] or [phone].
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. Availabilityports
Except for data determined to be confidential under NCGS 143-215.3 (a)(2) or Section 308 of the Federal Act, 33
USC 1318, all reports prepared in accordance with the terms shall be available for public inspection at the offices
of the Division. As required by the Act, effluent data shall not be considered confidential. Knowingly making any
false statement on any such report may result in the imposition of criminal penalties as provided for in NCGS 143-
215. 1 (b)(2) or in Section 309 of the Federal Act.
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11. Penalties for Falsification of Reports
The CWA provides that any person who knowingly makes any false statement, representation, or certification in
any record or other document submitted or required to be maintained under this permit, including monitoring
reports or reports of compliance or noncompliance shall, upon conviction, be punished by a fine of not more than
$25,000 per violation, or by imprisonment for not more than two years per violation, or by both [40 CFR 122.41 ].
12. Annual Performance Reports
Permittees who own or operate facilities that primarily collect or treat municipal or domestic wastewater and have
an average annual flow greater than 200,000 gallons per day shall provide an annual report to the Permit Issuing
Authority and to the users/customers served by the Permittee (NCGS 143-215.1C). The report shall summarize the
performance of the collection or treatment system, as well as the extent to which the facility was compliant with
applicable Federal or State laws, regulations and rules pertaining to water quality. The report shall be provided no
later than sixty days after the end of the calendar or fiscal year, depending upon which annual period is used for
evaluation.
The report shall be sent to:
NC DENR / Division of Water Resources / Water Quality Permitting Section
ATTENTION: Central Files
1617 Mail Service Center
Raleigh, North Carolina 27699-1617
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PART III
OTHER REQUIREMENTS
Section A. Construction
a. The Permittee shall not commence construction of wastewater treatment facilities, nor add to the plant's treatment
capacity, nor change the treatment process(es) utilized at the treatment plant unless (1) the Division has issued an
Authorization to Construct (AtC) permit or (2) the Permittee is exempted from such AtC permit requirements
under Item b. of this Section.
b. In accordance with NCGS 143-215.1(a5) [SL 2011-394], no permit shall be required to enter into a contract for the
construction, installation, or alteration of any treatment work or disposal system or to construct, install, or alter any
treatment works or disposal system within the State when the system's or work's principle function is to conduct,
treat, equalize, neutralize, stabilize, recycle, or dispose of industrial waste or sewage from an industrial facility and
the discharge of the industrial waste or sewage is authorized under a permit issued for the discharge of the
industrial waste or sewage into the waters of the State. Notwithstanding the above, the permit issued for the
discharge may be modified if required by federal regulation.
c. Issuance of an AtC will not occur until Final Plans and Specifications for the proposed construction have been
submitted by the Permittee and approved by the Division.
Section B. Groundwater Monitoring
The Permittee shall, upon written notice from the Director, conduct groundwater monitoring as may be required to
determine the compliance of this NPDES permitted facility with the current groundwater standards.
Section C. Changes in Discharges of Toxic Substances
The Permittee shall notify the Permit Issuing Authority as soon as it knows or has reason to believe (40 CFR 122.42):
a. That any activity has occurred or will occur which would result in the discharge, on a routine or frequent basis, of
any toxic pollutant which is not limited in the permit, if that discharge will exceed the highest of the following
"notification levels";
(1) One hundred micrograms per liter (100 µg/L);
(2) Two hundred micrograms per liter (200 µg/L) for acrolein and acrylonitrile; five hundred micrograms per liter
(500 µg/L) for 2,4-dinitrophenol and for 2-methyl-4,6-dinitrophenol; and one milligram per liter (1 mg/L) for
antimony;
(3) Five times the maximum concentration value reported for that pollutant in the permit application.
b. That any activity has occurred or will occur which would result in any discharge, on a non -routine or infrequent
basis, of a toxic pollutant which is not limited in the permit, if that discharge will exceed the highest of the
following "notification levels";
(1) Five hundred micrograms per liter (500 µg/L);
(2) One milligram per liter (1 mg/L) for antimony;
(3) Ten times the maximum concentration value reported for that pollutant in the permit application.
Section D. Facility Closure Requirements
The Permittee must notify the Division at least 90 days prior to the closure of any wastewater treatment system covered
by this permit. The Division may require specific measures during deactivation of the system to prevent adverse
impacts to waters of the State. This permit cannot be rescinded while any activities requiring this permit continue at the
permitted facility.
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PART IV
SPECIAL CONDITIONS FOR MUNICIPAL FACILITIES
Section A. Definitions
In addition to the definitions in Part 11 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 0) 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. [I 5A NCAC 02H
.0903(b)(14)]
Pass Throug
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 "SILT"
An Industrial User that discharges wastewater into a publicly owned treatment works and that [I 5A NCAC 02H
.0903(b)(33)]:
1. Discharges an average of 25,000 gallons per day or more of process wastewater to the POTW (excluding sanitary,
noncontact cooling and boiler blowdown wastewaters); or
2. Contributes process wastewater which makes up five percent or more of the NPDES or non -discharge permitted
flow limit or organic capacity of the POTW treatment plant. In this context, organic capacity refers to BOD, TSS
and ammonia; or
3. Is subject to categorical standards under 40 CFR Part 403.6 and 40 CFR Parts 405-471; or
4. Is designated as such by the Permittee on the basis that the Industrial User has a reasonable potential for adversely
affecting the POTW's operation or for violating any pretreatment standard or requirement, or the POTW's effluent
limitations and conditions in its NPDES or non -discharge permit, or to limit the POTW's sludge disposal options;
5. Subject to approval under 15A NCAC 02H .0907(b), the Permittee may determine that an Industrial User meeting
the criteria in paragraphs 1 or 2 of this definition above has no reasonable potential for adversely affecting the
POTW's operation or for violating any pretreatment standard or requirement, the POTW's effluent limitations and
conditions in its NPDES or non -discharge permit, or to limit the POTW's sludge disposal options, and thus is not a
Significant Industrial User (SIU); or
6. Subject to approval under 15A NCAC 02H .0907(b), the Permittee may determine that an Industrial User meeting
the criteria in paragraph 3 of this definition above meets the requirements of 40 CFR Part 403.3(v)(2) and thus is a
non -significant categorical Industrial User.
Section B. Publicly Owned Treatment Works (POTWs)
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All POTWs must provide adequate notice to the Director of the following [40 CFR 122.42(b)]:
1. Any new introduction of pollutants into the POTW from an indirect discharger, regardless of the means of
transport, which would be subject to section 301 or 306 of CWA if it were directly discharging those pollutants;
and
2. Any substantial change in the volume or character of pollutants being introduced by an indirect discharger as
influent to that POTW at the time of issuance of the permit.
3. For purposes of this paragraph, adequate notice shall include information on (1) the quality and quantity of effluent
introduced into the POTW, and (2) any anticipated impact that may result from the change of the quantity or
quality of effluent to be discharged from the POTW.
Section C. Municipal Control of Pollutants from Industrial Users.
1. Effluent limitations are listed in Part I of this permit. Other pollutants attributable to inputs from Industrial Users
discharging to the POTW may be present in the Permittee's discharge. At such time as sufficient information
becomes available to establish limitations for such pollutants, this permit may be revised to specify effluent
limitations for any or all of such other pollutants in accordance with best practicable technology or water quality
standards.
2. Prohibited Discharges
a. The Permittee shall develop and enforce their Pretreatment Program to implement the prohibition against the
introduction of pollutants or discharges into the waste treatment system or waste collection system which
cause or contribute to Pass Through or Interference as defined in 15A NCAC 02H .0900 and 40 CFR 403. [40
CFR 403.5(a)(1)]
b. The Permittee shall develop and enforce their Pretreatment Program to implement the prohibitions against the
introduction of the following wastes in the waste treatment or waste collection system [40 CFR 403.5(b)]:
(1) Pollutants which create a fire or explosion hazard in the POTW, including, but not limited to,
wastestreams with a closed cup flashpoint of less than 140 degrees Fahrenheit or 60 degrees Centigrade
using the test methods specified in 40 CFR 261.21;
(2) Pollutants which cause corrosive structural damage to the POTW, but in no case discharges with pH lower
than 5.0, unless the works is specifically designed to accommodate such discharges;
(3) Solid or viscous pollutants in amounts which cause obstruction to the flow in the POTW resulting in
Interference;
(4) Any pollutant, including oxygen demanding pollutants (BOD, etc.) released in a Discharge at a flow rate
and/or pollutant concentration which will cause Interference with the POTW;
(5) Heat in amounts which will inhibit biological activity in the POTW resulting in Interference, but in no
case heat in such quantities that the temperature at the POTW Treatment Plant exceeds 40°C (1047)
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 122.440)(2)]
5. This permit shall be modified, or alternatively, revoked and reissued, to incorporate or modify an approved POTW
Pretreatment Program or to include a compliance schedule for the development of a POTW Pretreatment Program
as required under Section 402 (b)(8) of the CWA and implementing regulations or by the requirements of the
approved State pretreatment program, as appropriate.
Section D. Pretreatment Programs
Under authority of sections 307 (b) and (c) and 402(b)(8) of the CWA and implementing regulations 40 CFR 403,
North Carolina General Statute 143-215.3(14) and implementing regulations 15A NCAC 02H .0900, and in accordance
with the approved pretreatment program, all provisions and regulations contained and referenced in the pretreatment
program submittal are an enforceable part of this permit. [40 CFR 122.440)(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. [I 5A
NCAC 02H .0903(b)(32), .0905 and .0906(b)(1); 40 CFR 403.8(f)(1) and 403.9(b)(1) and (2)]
2. Industrial Waste Survey (IWS)
The Permittee shall implement an IWS consisting of the survey of users of the POTW collection system or
treatment plant, as required by 40 CFR 403.8(f)(2)(i-iii) and 15A NCAC 02H .0905 [also 40 CFR 122.440)(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(f)(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 1UPs. 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 (AtQ
The Permittee shall ensure that an Authorization to Construct permit (AtC) is issued to all applicable Industrial
Users for the construction or modification of any pretreatment facility. Prior to the issuance of an AtC, the
proposed pretreatment facility and treatment process must be evaluated for its capacity to comply with all
Industrial User Pretreatment Permit (IUP) limitations. [15A NCAC 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 for
compliance with the requirements in 40 CFR 403.3(v)(2), and either continue or revoke the designation as non-
significant.
8. IU Self Monitoring and Reporting
The Permittee shall require all Industrial Users to comply with the applicable monitoring and reporting
requirements outlined in the Division -approved pretreatment program, the industry's pretreatment permit, or in 15A
NCAC 02H .0908. [15A NCAC 02H .0906(b)(5) and .0905; 40 CFR 403.8(f)(1)(v) and (2)(iii); 40 CFR
122.440)(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(f)(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 DENR / 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 SummM (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 (SNs). 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 SNs, 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 (Ns) 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. [I 5A 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 (SNs), 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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PART V
SUPPLEMENTAL STANDARD CONDITIONS FOR
NPDES STORMWATER PERMITS
Section A. Definitions
Adverse Weather Conditions
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.
Allowable Non-Stormwater Discharges
This permit regulates stormwater discharges. Non-stormwater discharges which shall be allowed in the
stormwater conveyance system are:
(a) All other discharges that are authorized by a non-stormwater NPDES permit.
(b) 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.
(c) Discharges resulting from fire -fighting or fire -fighting training.
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:
httv://cfvub.eva.Lrov/nudes/stormwater/menuofbmvs/index.cfm.
Bulk Storage of Liquid Products
Liquid raw materials, 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.
Bypass (Stormawter)
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.
DWR or "the Division'
The Division of Water Resources, Department of Environment and Natural Resources.
EMC
The North Carolina Environmental Management Commission
EPA
The United States Environmental Protection Agency
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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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.
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 DWR Regional Office. Two copies of this information and a written request letter shall be
sent to the local DWR Regional Office. After authorization by the DWR Regional Office, a written approval letter
must be kept on site in the permittee's SPPP.
Municipal Separate Storm Sewer System (MS4)
A stormwater collection system within an incorporated area of local self-government such as a city or town.
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. DWR 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).
Permittee
The owner or operator issued this Individual Permit.
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.
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 DWR may grant representative outfall status. Representative outfall status
allows the permittee to perform analytical monitoring at a reduced number of outfalls.
Secondary Containment
Spill containment for the contents of the single largest tank within the containment structure plus sufficient
freeboard to allow for the 25-year, 24-hour storm event.
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:
(1) 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);
(2) Is listed as a hazardous substance pursuant to section 311(b)(2)(A) of the CWA at 40 CFR 116.4; or
(3) Is a pollutant for which EPA has published acute or chronic water quality criteria.
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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.
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 110.10 and CFR 117.21) or section 102 of CERCLA (Ref: 40 CFR
302.4).
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.
Stormwater Runoff
The flow of water which results from precipitation and which occurs immediately following rainfall or as a result
of snowmelt.
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.
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.
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
httvJ/vortal.ncdenr.ore/web/wa/ns/mtu/tmdl/tmdls
Vehicle Maintenance Activity
Vehicle rehabilitation, mechanical repairs, painting, fueling, lubrication, vehicle cleaning operations, or airport
deicing operations.
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.
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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Section B. General Conditions
1. Compliance Schedule
The permittee shall comply with Limitations and Controls specified for stormwater discharges in
accordance with the following schedule:
Existing Facilities already operating but applying for permit for the first time: The Stormwater
Pollution Prevention Plan shall be developed and implemented within 12 months of the effective date of
the initial permit and updated thereafter on an annual basis. Secondary containment, as specified in Part
II, Section A, Paragraph 2(b) of this permit, shall be accomplished within 12 months of the effective date of
the initial permit issuance.
New Facilities applying for coverage for the first time and existing facilities previously permitted and
applying for renewal under this permit: The Stormwater Pollution Prevention Plan shall be developed
and implemented prior to the beginning of discharges from the operation of the industrial activity and be
updated thereafter on an annual basis. Secondary containment, as specified in Part II, Section A,
Paragraph 2(b) of this permit shall be accomplished prior to the beginning of discharges from the
operation of the industrial activity.
2. Civil and Criminal Liability
Except as provided in Part V, Section C of this permit regarding bypassing of stormwater control facilities,
nothing in this individual 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.
Section C. Overation and Maintenance of Pollution Controls
1. Bypassing of Stormwater Treatment Facilities
Bypass is prohibited and the Director 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; and
b. There were no feasible alternatives to the bypass, such as the use of auxiliary control facilities,
retention of stormwater or maintenance during normal periods of equipment downtime or dry
weather. This condition is not satisfied if adequate backup controls 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 Part V, Section E of this permit.
If the Director determines that it will meet the three conditions listed above, the Director may approve an
anticipated bypass after considering its adverse effects.
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Section D. Monitoring and Records
1. Representative Outfall (Stormwater Only)
If a facility has multiple discharge locations with substantially identical stormwater discharges that are
required to be sampled, the permittee may petition the Director for representative outfall status. If it is
established that the stormwater discharges are substantially identical and the permittee is granted
representative outfall status, then sampling requirements may be performed at a reduced number of outfalls.
2. Records Retention
Visual monitoring shall be documented and records maintained at the facility along with the Stormwater
Pollution Prevention Plan. Copies of analytical monitoring results shall also be maintained on -site. The
permittee shall retain records of all monitoring information, including all calibration and maintenance records
and all original strip chart recordings for continuous monitoring instrumentation, and copies of all reports
required by this individual permit for a period of at least 5 years from the date of the sample, measurement,
report or application. This period may be extended by request of the Director at any time.
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), or in the case of a facility which discharges through a municipal
separate storm sewer system, an authorized representative of a municipal operator or the separate storm
sewer system receiving the discharge, upon the presentation of credentials and other documents as may be
required by law, to:
a. Enter upon the Permittee's premises where a regulated facility or activity is located or conducted, or
where records must be kept under the conditions of this permit;
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
Discharge Monitoring Reports (Stormwater)
Stormwater samples analyzed in accordance with the terms of this permit shall be submitted to the
Division on Discharge Monitoring Report (DMR) forms provided by the Director. Submittals shall be
delivered to the Division no later than 30 days from the date the facility receives the sampling results from
the laboratory.
When no discharge has occurred from the facility during the report period, the permittee is required to
submit a Discharge Monitoring Report, within 30 days of the end of the six-month sampling period,
giving all required information and indicating "NO FLOW" as per NCAC T15A 02B .0506.
The permittee shall record the required qualitative monitoring observations on the SDO Qualitative
Monitoring Report form provided by the Division, and shall retain the completed forms on site. Visual
monitoring results should not be submitted to the Division, except upon DWWs specific requirement to do
so.
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2. Submitting Reports (Stormwater)
Two signed copies of Stormwater Discharge Monitoring Reports (DMRs) shall be submitted to:
Central Files
Division of Water Resources
1617 Mail Service Center
Raleigh, North Carolina 27699-1617
The permittee shall retain the completed originals on site. Visual monitoring results should not be
submitted to the Regional Offices or Central Files unless specifically requested by DWR.
3. Non-Stormwater Discharges
If the storm event monitored in accordance with this Individual Permit coincides with a non-stormwater
discharge, the permittee shall separately monitor all parameters as required under the non-stormwater
discharge permit and provide this information with the stormwater discharge monitoring report.
4. Spills
The permittee shall report to the local DWR Regional Office, within 24 hours, all significant spills as
defined in Part V of this permit. Additionally, the permittee shall report spills including: any oil spill of
25 gallons or more, any spill regardless of amount that causes a sheen on surface waters, any oil spill
regardless of amount occurring within 100 feet of surface waters, and any oil spill less than 25 gallons that
cannot be cleaned up within 24 hours.
5. Bypass (Stormwater)
a. Anticipated bypass. If the permittee knows in advance of the need for a bypass (of storwmater
treatment facilities), 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 affect of the bypass.
b. Unanticipated bypass. The permittee shall submit notice within 24 hours of becoming aware of an
unanticipated bypass (of stormwater treatment facilities).
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