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HomeMy WebLinkAboutSW8081010_CURRENT PERMIT_20200723STORMWATER DIVISION CODING SHEET POST -CONSTRUCTION PERMITS PERMIT NO. SW8 OSlDIa DOC TYPE � CURRENT PERMIT ❑ APPROVED PLANS ❑ HISTORICAL FILE ❑ COMPLIANCE EVALUATION INSPECTION DOC DATE YYYYMMDD ROY COOPER Governor MICHAEL S. REGAN Sermtary BRIAN WRENN Director July 23, 2020 Duke Energy Progress, LLC Attn: Mr. Karl Moser, Plant Manager Brunswick Steam Electric Plant 8470 River Road SE Southport, NC 28461 Subject: Permit Renewal NORTH CAROLINA Envtronmental Quality State Stormwater Management Permit No. SW8 081010 Brunswick Plant Independent Spent Fuel Storage Installation Brunswick County Dear Mr. Moser: The Wilmington Regional Office received a complete 8 year Stormwater Management Permit Renewal Application for the subject project on June t I, 2020. The Division is hereby notifying you that permit SW8 081010 has been renewed on July 23, 2020, and shall be effective until November 14, 2030. For your records, please find enclosed a renewed, updated, and re -issued permit and a copy of the renewal application. Please keep this permit on file at all times. Please note that the renewed, updated, and re -issued permit does not impose new or different terms; it merely restates some of the previous terms to provide you with a better understanding of your obligations under the permit. The renewal and reissuance of this stormwater permit does not imply that the site is currently in compliance with the terms and conditions of this state stormwater permit. The plans originally approved on November 14, 2008 and most recently revised on November 25, 2009, will remain in full force and effect in accordance with the regulations set forth in Title 15A NCAC 2H.1000. This permit is subject to the conditions and limitations as specified therein. Please pay special attention to the conditions listed in this permit regarding the Operation and Maintenance of the BMP(s), recordation of deed restrictions, procedures for changes of ownership, transferring the permit, and renewing the permit. Failure to establish an adequate system for operation and maintenance of the stormwater management system, to record deed restrictions, to transfer the permit, or to renew the permit, will result in future compliance problems. If any parts, requirements, or limitations contained in this permit are unacceptable, you have the right to request an adjudicatory hearing by filing a written petition with the Office of Administrative Hearings (OAH). The written petition must conform to Chapter 150B of the North Carolina General Statutes, and must be filed with the OAH within thirty (30) days of receipt of this permit. You should contact the OAH with all questions regarding the filing fee (if a filing fee is required) and/or the details of the filing process at 6714 Mail Service Center, Raleigh, NC 27699-6714, or via telephone at 919-431-3000, or visit their website at www.NCOAH.com. Unless such demands are made this permit shall be final and binding. If you have any questions, need additional copies of the permit or approved plans, please contact Daniel Sams in the Wilmington Regional Office, at (910) 796-7215 or dan.sams@ncdenr.gov. Sincerely, r Brian Wrenn, Dir torte Division of Energy, Mineral and Land Resources Enclosures: Attachment C — Permitting History Renewal Application Documents DES/dan:11`:Stnrrm�ater'Prrmits & Promects0020':05101 R HD`2020 07 permit 051018 cc: Wilmington Regional Office Stormwater File North Carolina Department of Environmental Quality I Division of Energy. Mineral and Land Resources Wilmington Regional Office 1 127 Cardinal Drive Extension I Wilmington. North Carolina 28405 NpRii1 CARp..lNA 910.796.7215 State Stormwater Management Systems Permit No. SW8 081010 Mod STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENTAL QUALITY DIVISION OF ENERGY, MINERAL AND LAND RESOURCES STATE STORMWATER MANAGEMENT PERMIT HIGH DENSITY DEVELOPMENT In accordance with the provisions of Article 21 of Chapter 143, General Statutes of North Carolina as amended, and other applicable Laws, Rules, and Regulations PERMISSION IS HEREBY GRANTED TO Duke Energy Progress Brunswick Plant —Independent Spent Fuel Storage Installation (ISFSI) And Modification for the Stabilization Pond 8470 River Road SE, Southport, Brunswick County FOR THE Construction, operation and maintenance of impervious surfaces with collection and treatment of the stormwater runoff in the treatment system permitted under Permit No. NC 0007064. The NPDES system will serve as the permitted stormwater control system for this project in compliance with the provisions of 15A NCAC 2H .1000 and Session Law 2008-211 (hereafter referred to as the "storm water rules') and the approved stormwater management plans and specifications and other supporting data as attached and on file with and approved by the Division of Energy, Mineral and Land Resources, and considered a part of this permit. This permit shall be effective from the date of issuance until November 14, 2030, and shall be subject to the following specified conditions and limitations: I. DESIGN STANDARDS This permit is effective only with respect to the nature and volume of stormwater described in the application and other supporting data. This modification includes the new stabilization pond in accordance with NPDES NC0007064. 2. This stormwater system has been approved for the management of stormwater runoff as described in Section 1.8 on page 3 of this permit. The stormwater control has been designed to handle the runoff from 235,589 square feet of impervious area and its associated drainage areas from this project in addition to other flows in permit for NPDES NC0007064. 3. The tract will be limited to the amount of built -upon area indicated on page 3 of this permit, and per approved plans. There is no future built -upon area allotted in this permit. 4. All stormwater collection and treatment systems must be located in either dedicated common areas or recorded easements. The final plats for the project will be recorded showing all such required easements, in accordance with the approved plans. 5. The runoff from all built -upon area within the permitted drainage area of this project must be directed into the permitted stormwater control system. 6. Projects covered by this permit will maintain a minimum 50-feet wide vegetative buffer between all impervious areas and surface waters. Page 1 of 4 t 7. 8. State Stormwater Management Systems Permit No. SW8 081010 Mod If at any time stormwater runoff from this project cannot be treated in the permitted system for the NPDES No. NC0007064, then notification to the Division is required and alternative treatment measures must be provided and approved. The following design criteria have been provided in the stormwater control system and must be maintained at design condition: a. Drainage Area, acres: Onsite, ft2: Offsite, ft2: b. Total Impervious Surfaces, ft2 C. Design Storm, inches: d. Receiving Stream/River Basin e. Stream Index Number: f. Classification of Water Body: g. Permitted Stormwater Control System II. SCHEDULE OF COMPLIANCE 31 1,337,156 none 235,589 1.5 Atlantic Ocean/Cape Fear River 99-(3) "S B" NPDES Permit No. NC 0007064 Modified October 30, 2009 1. The stormwater management system shall be constructed in its entirety, vegetated and operational for its intended use prior to the construction of any built -upon surface, 2. During construction, erosion shall be kept to a minimum and any eroded areas of the system will be repaired immediately. 3. The permittee shall at all time provide the operation and maintenance necessary to assure the permitted stormwater system functions at optimum efficiency. The approved Operation and Maintenance Plan must be followed in its entirety and maintenance must occur at the scheduled intervals including, but not limited to: a. Semiannual scheduled inspections (every 6 months). b. Sediment removal. C. Mowing and re -vegetation of slopes and the vegetated filter, d. Immediate repair of eroded areas. e. Maintenance of all slopes in accordance with approved plans and specifications. f. Debris removal and unclogging of outlet structure, orifice device, flow spreader, catch basins and piping. g. Access to the outlet structure must be available at all times. 4. Records of maintenance activities must be kept and made available upon request to authorized personnel of DWQ. The records will indicate the date, activity, name of person performing the work and what actions were taken. Page 2 of 4 State Stormwater Management Systems Permit No. SW8 081010 Mod 5. Decorative spray fountains will not be allowed in the stormwater treatment system, unless specified in Permit No. NC0007064. 6. The facilities shall be constructed, operated and maintained in accordance with the provisions of this permit, the approved plans and specifications, and the supporting documents attached to this permit and on file with the Division. 7. Upon completion of construction, prior to issuance of a Certificate of Occupancy, and prior to operation of this permitted facility, a certification must be received from an appropriate designer for the system installed certifying that the permitted facility has been installed in accordance with this permit, the approved plans and specifications, and other supporting documentation. Any deviations from the approved plans and specifications must be noted on the Certification. A modification may be required for those deviations. 8. No person or entity, including the permittee, shall alter any component shown in the approved plans and specifications. Prior to the construction of any modification to the approved plans, the permittee shall submit to the Director, and shall have received approval for modified plans, specifications, and calculations including, but not limited to, those listed below. For changes to the project or SCM that impact the certifications, a new or updated certification(s), as applicable, will be required and a copy must be submitted to the appropriate DEQ regional office upon completion of the modification. a. Any modification to the approved plans and specifications, regardless of size including the SCM(s), BUA, details, etc. b. Redesign or addition to the approved amount of BUA or to the drainage area. c. Further development, subdivision, acquisition, lease or sale of any, all or part of the project and/or property area as reported in the approved plans and specifications. d. Altering, modifying, removing, relocating, redirecting, regrading, or resizing of any component of the approved SCM(s), the stormwater collection system and/or vegetative conveyance shown on the approved plan. e. The construction of any allocated future BUA. f. The construction of any permeable pavement, #57 stone area, public trails, or landscaping material to be considered a permeable surface that were not included in the approved plans and specifications. g. Other modifications as determined by the Director. 9. The Director may notify the permittee when the permitted site does not meet one or more of the minimum requirements of the permit. Within the time frame specified in the notice, the permittee shall submit a written time schedule to the Director for modifying the site to meet minimum requirements. The permittee shall provide copies of revised plans and certification in writing to the Director that the changes have been made. III. GENERAL CONDITIONS This permit is not transferable except after notice to and approval by the Director. In the event of a change of ownership, or a name change, the permittee must submit a formal permit transfer request to the Division of Water Quality, accompanied by a completed name/ownership change form, documentation from the parties involved, and other supporting. materials as may be appropriate. The approval of this request will be considered on its merits and may or may not be approved. The permittee is responsible for compliance with all permit conditions until such time as the Division approves the transfer request. Page 3 of 4 State Stormwater Management Systems Permit No. SW8 081010 Mod 2. Failure to abide by the conditions and limitations contained in this permit may subject the Permittee to enforcement action by the Division of Water Quality, in accordance with North Carolina General Statute 143-215.6A to 143-215.6C. 3. The issuance of this permit does not preclude the Permittee from complying with any and all statutes, rules, regulations, or ordinances, which may be imposed by other government agencies (local, state, and federal) having jurisdiction, 4. In the event that the facilities fail to perform satisfactorily, including the creation of nuisance conditions, the Permittee shall take immediate corrective action, including those as may be required by this Division, such as the construction of additional or replacement stormwater management systems. 5. The permittee grants DENR Staff permission to enter the property during normal business hours for the purpose of inspecting all components of the permitted stormwater management facility. 6. The permit issued shall continue in force and effect until the permittee files a request with the Division for a permit modification, transfer, renewal, or rescission; however, these actions do not stay any permit conditions. 7. A permit renewal request must be submitted at least 180 days prior to the expiration date of this permit. The renewal request must include the appropriate application, documentation and the processing fee as outlined in Title 15A NCAC 02H.1045(3). 8. Unless specified elsewhere, permanent seeding requirements for the stormwater control must follow the guidelines established in the North Carolina Erosion and Sediment Control Planning and Design Manual. 9. Approved plans and specifications for this project are incorporated by reference and are enforceable parts of the permit. 10. The permittee shall notify the Division any name, ownership or mailing address changes within 30 days. Permit issued this the 23th day of July 2020. NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION ! 'T rian renn -irec or'�" Division of Energy, Mineral and Land Resources By Authority of the Environmental Management Commission Page 4 of 4 DEMLR USE ONLY Date R ce•ved Fee Paid Permit Number aoao I'd #5af SVJo'?010 NC DEQ Division of Energy, Mineral and Land Resources STATE STORMWATER: PERMIT RENEWAL APPLICATION FORM In accordance with 15A NCAC 2H.1045(3), the current permit holder shall renew their high density permit 180 days prior to its expiration. Renewed permits are valid for a period of 8 years per Session Law 2011-398 (SB 781) Section 60(c). This application form is for permit renewals only. A. PROJECT INFORMATION 1. State Stormwater Permit Number: Brunswick Steam Electric Plant_ !SO�* 051D 4 D 2. Project name: 1SFS1 Pad (Independent Spent Fuel Storage Installation) 3. Project street address: 8470 River Road, SE City: Southport County: Brunswick ZIP: 28461 4. What, if any, changes have been made to the project as permitted? No change_/ standard renewal If the project has changed from the original approved plans, please complete SWU-101 for a Major Modification or Minor Modification Application form available at.- https://deg. nc.gov/about/divisions/energy- mineral-land-resources/energy-mineral-land-rules/stormwaterprogram/post-construction. B. PERMITTEE INFORMATION If changes to the permittee or project name have been made, please complete either the Permit Update form or the Permit Transfer form available at: _h_ttps://deg.nc.gov/about/divisions/energy-mineral-land- resourceslenergy-mineral-land-rules/stormwater-progrg, ost-construction. State Stormwater Permits do not automatically transfer with the sale of the property. 1. Current Permit Molder's Company Name/Organization: Duke Energy Progress, _LLC 2. Signing Official's Name: Karl Moser 3. Signing Official's Title: Plant Mana er 4. Mailing Address: City: 70 River Road. SE Southport State: NC ZIP: 28461 5. Street Address: 8470 River Road, SE City: Southport State: NC ZIP: 28461 Phone: (910) 832-3059 Email: Kail.Moser@drike-ever .corn owner" VR(; d St 11 e r . L� r<- me_ know i e, 15-0%4-o add I z EC' J U N 1 1 2020 Stormwater Permit Renewal Form Page 1 of 3 May 11, 2018 C. SUBMITTAL REQUIREMENTS Submit the application package to the appropriate DEMLR Regional Office (Coastal, SA Waters) or DEMLR Central Office (Urbanizing Areas Ph 2, USMP, Non-Coastat HQW/ORW). Only applications packages that include all required items listed below will be accepted and reviewed. Initial each item below to indicate that the required information is provided in the application package: 1. A permit application processing fee of $505.00 payable to NCDEQ. %/✓ 2. One original signed hard copy and one electronic copy of this completed form. The signing official named on this application to represent the current permittee must meet one of the following: a. Corporation — a principle executive officer of at least the level of vice-president; b. Limited Liability Company(LLC) — a manager or company official as those terms are defined in G.S. 57D "North Carolina Limited Liability Company Act;" c. Public Entity — a principal executive officer, ranking official, or other duly authorized employee; d. Partnership or limited partnership — the general partner; e. Sole proprietor; or f. Letter of authorization signed by one of the signatories noted in a — e above authorizing the signature of another entity. NA 3. One hard copy and one electronic copy of recorded documents required by the original permit that have not yet been received by DEMLR, including: deed restrictions, protective covenants, condominium/planned community declaration and easements. If the project has been built, include documentation that the maximum BUA per lot or maximum total BUA has not been exceeded. if the project has not been built, include a signed agreement that the final recorded deed restrictions and protective covenants will be submitted at a later date. W 4. O&M Agreements, Please selectone: 1 have a copy of the current recorded O&M Agreement for all SCMs, and I will continue to keep this on file with the permit; or ❑ I do not have a copy of the current recorded O&M Agreement for all SCMs and am requesting a copy be sent to me. I agree to keep this on file with the permit. 5. Designer Certifications, Please selectone: ❑ A copy of the certification(s) confirming that the project was built in accordance with the approved plans have been previously provided to the Division; or A copy of the certification(s) confirming that the project was built in accordance with the approved plans are enclosed; or ❑ The project has not yet been built. 6. [IF APPLICABLE] If the project has been built, one original hard copy and one electronic copy of a signed, sealed, and dated letter from a licensed professional stating that the SCMs have been inspected, and that they have been built and maintained in accordance with the permit. 7. [IF APPLICABLE] When the permittee is a corporation or a limited liability corporation (LLC): Provide one hard copy and one electronic copy of documentation from the NC Secretary of State, or other official documentation, which supports the titles and positions held by the persons listed in Section C.2 per 15A NCAC 2H. 1043(3)(b). https:Hwww.sosnc.gov/online services/search/by title/ Business Registration JUN 111 2020 BY � Stormwater Permit Renewal Application Form Page 2 of 3 May 11, 2018 D. PERMITTEE'S CERTIFICATION , the person legally responsible for the permit, certify that I have a copy of the Permit and O&M Agreement on site (or I will obtain a copy and it will be kept on site), that I am responsible for the performance of the maintenance procedures, and the site has been and will be maintained according to the O&M Agreement and approved plans. I agree to notify DEMLR of any problems with the SCMs or built -upon area and to submit the proper forms to modify or transfer the permit prior to any changes to the project, SCMs, or ownership. All information provided on this permit renewal application is, to the best of my knowledge, correct and complete. Signature: NOTARIZATION: I, Zl;wg /y ���//*6 rem a Notary Public for the State of zV02tff C'ArvLi;vA County of f► UNS[./. C do hereby certify that A�AA L %17096V _ personally appeared before me this the day of ICJ e- 20.20 and acknowledge the due execution of the forgoing instrument. Witness my hand and official seal, (Notary Seal) Notary Signature:A 1'0�nz My commission expires '�'.� ` �CJ N. ELViHQ NOTARY PUBLIC = `' _vlCK COS 4o) JUN i8Y Stormwater Permit Renewal Application Form Page 3 of 3 May 11, 2018 Central Files: APS _ SWP _ 7/23/2020 Permit Number SW8081010 Permit Tracking Slip Program Category Status Project Type State SW Active Renewal Permit Type Version Permit Classification State Stormwater 2.00 Individual Primary Reviewer Permit Contact Affiliation dan sams Edward L. Wills Jr. Coastal SWRule Coastal Stormwater - 2008 Permitted Flow Facility Facility Name Independent Spent Fuel Storage Installation Location Address 8470 River Rd Se Southport NC 28461 Owner 8470 River Rd Se Southport NG 28461 Major/Minor Region Minor Wilmington County Brunswick Facility Contact Affiliation Owner Name Owner Type Duke Energy Progress LLC Non -Government Owner Affiliation Donna T. Council Administrative President Services Vice 550 S Tryon St Dates/Events Charlotte NC 28202 Scheduled Orig Issue App Received Draft Initiated Issuance Public Notice Issue Effective Expiration 11/14/2008 6/11/2020 7/23/2020 7/23/2020 11/14/2030 Regulated Activities Requested /Received Events _ State Stormwater - HD - Other Outfall Waterbody Name Streamindex Number Current Class Subbasin Burd, Tina J From: Burd, Tina J Sent: Wednesday, June 17, 2020 6:39 PM To: karl.moser@duke-energy.com Subject: SW8 081010 - ISFSI Pad (Independent Spent Fuel Storage Installation) The Wilmington Regional Office of the Division of Energy, Mineral and Land Resources (Stormwater Section) accepted the Stormwater Permit Renewal Application and $505.00 fee for the subject project on June 11, 2020. The project has been assigned to Dan Sams and you will be notified if additional information is needed. Best Regards, Tina Burd Administrative Associate 11 Wilmington Regional Office Division of Environmental Assistance & Customer Service Phone 910-796-7215 NCDEQ Wilmington Regional Office 127 Cardinal Drive Ext. Wilmington, NC 28405 Entail correspondence to and from this address is subject to the North Carolina Public Records Law and may be disclosed to third parties, 1 Application Completeness Review Checklist (Non -Transfers) - Short Version Project Name: f� c�� 1�� % �N7 �IJEL 02 G 11J 41L-1TC�Date Delivered to WIRO: (n /r Project County/Location: P-0111)-SO) K-X Rs RIMS Received/Accepted Date: Rule(s): El2017 Coastal ©2008 Coastal �1995 Coastal RIMS Acknowledged Datel: Phase II Universal �1988 Coastal Permit Action: New Major Mod / Minor Mod enewal Permit Type: HD LID / LD Overall / HD &LD Combo General Permit / Offsite / Exempt / Rescission Development Type: Commercial / Residential / Other /hTDo5red L Subdivided?: Subdivision or Ingle Lot Permittee Type & Documents Needed: New Permit ##2: ©Existing Permit 4: a-)8 69 r4 � D Expriation Date 3: J -z- /I g /s0zb L__JOffsite to SW8: Lot is in Master Permit? �PE Cert on File? "Property Owner(s) El Purchaser El Lessee F]HOA Developer Viable? Viable? Viable? Viable? Viable? ®Deed Purchase Agmt Lease Election Minutes Not Subdivided: Deed ElSubdivision: Common Area Deed Paperwork ®Application Fee: ®$505 (within bmo) Check#(s): f 7� �No Fee ElSupplement' (1 new form or for older forms: 1 original per SCM) ❑OW2 F-ToiIs Report (lnfil or PP) Calculations (signed/sealed) Deed Restrictions, if subdivided Project Narrative F�USGS Map (or on file?) Subject to SA?: Y f N Subject to Ol Y / N Plans (2 Sets) FIPE Certification Electronic Copies Easements, Recorded (2017 Rules) NOTES: ;Enter RIMS Acknowledged Date on this Sheet 2For New Projects -Enter New Permit # on Supplements & Deed Restiction Templates. 3if w/in 5 months and they are requesting a mod, STOP. Needs a renewal first. EMAILED ENGINEER DATE: Comments: REVIEWER NAME: G:WQ"1Reference Libra ry\ProcecureslChecklists\Completeness Review Checklist_2020 01 31 (� DUKE ENERGY, JUN O 9 2020 Serial: RA-20-0180 Ms. Georgette Scott, Environmental Program Supervisor NC DEQ DEMLR — Wilmington Regional Office Coastal Stormwater Permitting Section 127 Cardinal Drive Extension Wilmington, NC 28405 Brunswick Nudear Plant P.O. Box 10429 Southport, NC 28461 JUN 1 j 2020 Subject: Brunswick Steam Electric Plant (BSEP) Coastal Stormwater Permit No. SW8-081010 Independent Spent Fuel Storage Installation (ISFSI) Stormwater System Permit Renewal Application Brunswick County 'Dear Ms. Scott: State Stormwater Permit No. SW8-081010 for the Brunswick Steam Electric Plant expires on December 12, 2020. Duke Energy Progress, LLC hereby requests that Permit No. SW8- 081010 for the facility be reissued. Enclosed is the State Stormwater Permit Renewal Application Form and required documents, including a check made payable to NC DEQ for $505.00 (See Enclosure 1, Item 1). With reissuance of the NPDES permit, Duke Energy Progress, LLC requests the following: Corporate Name Update The current Corporate name is Duke Energy Progress, LLC and it is requested that all permit documents and State Stormwater Permit related electronic datasets be updated to reflect this name. Permit_ Expiration Duke Energy Progress, LLC requests the subject permit be issued until rescinded as opposed to including an expiration date. The following information is offered in support of this approach: a. The subject stormwater system acts as pretreatment or stormwater treatment tributary to the facility's industrial treatment system (NPDES Permit No. NC0007064; Outfall 011); b. An Authorization to Construct (AC007064A01) was issued July 16, 2009 for construction of the subject stormwater treatment system (See Enclosure 2); c. NPDES Permit No. NCO007064 was reissued April 6, 2016 and includes monitoring and effluent limitations for Outfall 011 which includes these stormwater flows (See Enclosure 3); NC DEQIDWRMQ Permitting Section Page 2 of 2 d. NPDES Permit No. NCO007064 which was reissued April 6, 2016 has an expiration date of November 30, 2022; and e. Continuing to include an expiration date for State Stormwater Permit No. SW8-081010 serves no practical purpose since the system has been constructed in accordance with AC007064A01 and is managed in accordance with NPDES Permit No. NCO007064 (outfall 011) issued April 6, 2016. For these reasons, Duke Energy Progress, LLC respectfully requests reissuance of State Stormwater Permit No. SW8-081010 until rescinded as opposed to including a permit expiration date. If you have any questions regarding the enclosed information, please contact Mr. Chuck Nelson at (910) 832-3600. 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. Sincerely, Karl Moser Plant Manager Brunswick Steam Electric Plant Duke Energy Progress, LLC Enclosure 1: State Stormwater Permit SW8-081010 Renewal Application Package Enclosure 2: Authorization to Construct No. AC007064A01 Enclosure 3: NPDES Permit No. NC0007064 cc: Mr. Chuck Nelson Mr. Marty McGowan Mr. Don Safrit ECEI . JUN I 1 2020 BY: Enclosure 1: State Stormwater Permit SWB-081010 Renewal Application Package Item 1 — Permit Application Fee er=It JU N 1 12020 BY: Enclosure 1: State Stormwater Permit SW8-081010 Renewal Application Package Item 2 — Original Signed Hard Copy of Permit Renewal Application Form ECEIJ.'1! JUN I 12020 1.1 Lj 'BY: Enclosure 1: State Stormwater Permit SW8-081010 Renewal Application Package Item 3 — Deed Restrictions 1 Protective Covenants 1 Condominium Declarations and Easements NOT APPLICABLE ECOU'r-t 1UN 1 1 2070 BY:�- Enclosure 1: State Stormwater Permit SW$-081010 Renewal Application Package Item 4 — Operation & Maintenance Agreement ECEFIVEp JUN 1 i 201�1 �� 'i� DEP Brunswick Nuclear Steam Electric Plant ISFSI Stormwater System Maintenance Plan 1. Perform monthly walk downs of the system to identify areas of erosion a. Edges of ISFSI Pad b. Areas surrounding stormwater collection basin & pumping system 2. Perform monthly housekeeping walk downs of the system a. Identify any debris or materials needing removal from the ISFSI Pad and surrounding areas b. Identify any debris or materials needing removal from the stormwater collection basin & pumping system 3. Maintain/perform PM inspections of the pumps in the collection basin. 4. Maintain/perform PM for level switch functional testing on both pumps. 5. Document any deficiencies identified in BSEP's Asset Management System (Consolidated Asset Suite (CAS)]. 6. Maintain dated documentation in ISFSI Stormwater System Notebook and/or electronic data repository system for retrieval as needed. 6Y: Enclosure 1: State Stormwater Permit SW8-081010 Renewal Application Package Item 5 — Designer Certification � S 6oz- V VA a C.C�, vf��,, O"V- G° lip 1UN 11 202� BY: Enclosure 1: State Stormwater Permit SW8-081010 Renewal Application Package Item 6 — Licensed Professional Statement Ste' 1UN 1120'!� Enclosure 1: State Stormwater Permit SWB-081010 Renewal Application Package Item 7 — NC Secretary of State Documentation Duke Energy Official Appointments/Signatory Responsibilities NC0007064 eDMR Electronic Signature Agreement 4/3/2020 North Carolina Secretary of State Search Results • Upload a PDF Filing - Order a Document Online - Add Entity to My Email Notification List - View Filings - Print a Pre -Populated Annual Report form - Print an Amended a Annual Report form • Open the active profile Business Corporation Legal Name Duke Energy Progress, LLC JUN I Prev Legal Name 110 Cape Fear Power Company BY Prev Legal Name Carolina Power & Light Company Prev Legal Name Duke Energy Progress, Inc. Prev Legal Name The Central Carolina Power Company Information Sosld: 0023868 Status: Converted Date Formed: 2/28/1899 Citizenship: Domestic Fiscal Month: December Annual Report Due Date: April 15th Annual Report Status: Registered Agent: CT Corporation System Addresses Reg Office Reg Mailing Principal Office 160 Mine Lake Ct Ste 200 160 Mine Lake Ct Ste 200 410 South Wilmington Street Raleigh, NC 27615-6417 Raleigh, NC 27615-6417 Raleigh, NC 27601-1849 httpsllwww.sosnc.gov/online_services/search/Business_Registfation_ResuIts 115 4/3/2020 North Carolina Secretary of State Search Results Mailing 550 S Tryon St (DEC45A) Charlotte, NC 28202-4200 Officers Vice President Jason M. Allen 526 S. Church St. Charlotte NC 28202 Vice President Caren B. Anders 526 S. Church St. Charlotte NC 28202 Vice President Richard W. Bagley 526 S. Church St. Charlotte NC 28202 Vice President Charles K. Beam 401 S. College St. Charlotte NC 28202 Senior Vice President Assistant Treasurer Senior Vice President Mehmet Selim Bingol W. Bryan Buckler Keith G. Butler 550 S. Tryon St. 550 S. Tryon St. 550 S. Tryon St. Charlotte NC 28202 Charlotte NC 28202 Charlotte NC 28202 Senior Vice President Senior Vice President Vice President Robert F. Caldwell Brett C. Carter Robert E. Combs 400 S. Tryon St. 526 S. Church Street 411 Fayetteville St. Charlotte NC 28202 Charlotte NC 28202 Raleigh NC 27601 Senior Vice President Senior Vice President Treasurer Jeffrey A. Corbett Swati V. Da}i Stephen G De May 411 Fayetteville St. 550 S. Tryon St. 550 S. Tryon Street Raleigh NC 27601 Charlotte NC 28202 Charlotte NC 28202 Senior Vice President Vice President Vice President Stephen G De May Joseph W. Donahue Paul Draovitch 550 S. Tryon Street 526 S. Church St. 7001 Pinecrest Rd, Charlotte NC 28202 Charlotte NC 28202 Raleigh NC 27613 Assistant Treasurer Senior Vice President Vice President Kris C. Duffy John Elnitsky Michael D. Engelman 550 S. Tryon St. 400 S. Tryon St. 526 S. Church St. Charlotte NC 28202 Charlotte NC 28202 Charlotte NC 28202 https:I/www.sosnc.gov/online services/search/Business_Registration_ResuIts 215 4/3/2020 North Carolina Secretary of State Search Results Vice President Christopher M. Fallon 526 S. Church St. Charlotte NC 28202 Assistant Secretary David B. Fountain 411 Fayetteville St. Raleigh NC 27601 Vice President Rodney E. Gaddy 550 S. Tryon St. Charlotte NC 28202 Senior Vice President Vice President Senior Vice President Charles M. Gates William R. Gideon T. P. Giliespie , Jr. 526 S. Church St. 3581 W. Entrance Rd. 526 S. Church St. Charlotte NC 28202 Hartsville SC 29550 Charlotte NC 28202 President Clark S. Gillespy 40 West Broad Street Greenville SC 29601 Vice President Mitchell C. Griggs 526 S. Church St. Charlotte NC 28202 Vice President Chief Executive Officer Richard Michael Glover Lynn J Good 3581 West Entrance Road 550 S. Tryon Street Hartsville SC 29550 Charlotte NC 28202 Vice President George T. Hamrick 8470 River Road SE Southport NC 28461 Vice President Christopher B. Heck 550 S. Tryon St. Charlotte NC 28202 Chief Information Officer Senior Vice President President Christopher B. Heck Dwight L. Jacobs DhiagL":M: J- anvil 550 S. Tryon St. 550 S. Tryon St. r 5O S _Tryon St. Charlotte NC 28202 Charlotte NC 28202 Charlotte NC 28202. Executive 'Officer Dhiaa- M Jamil 550 S. Tryon St. Charlotte NC 28202 Vice President William Jefferson 526 S. Church St. Charlotte NC 28202 General Counsel Executive Officer Corporate Secretary Julia S. Janson Julia S. Janson Julia S. Janson 550 S. Tryon St. 550 S. Tryon St. 550 S. Tryon St. Charlotte NC 28202 Charlotte NC 28202 Charlotte NC 28202 Vice President Senior Vice President Ernest J. Kapopoulos , Jr. Gayle S. Lanier 5413 Shearon Harris Road 526 S. Church St. New Hill NC 27562 Charlotte NC 28202 https://www.sosn0.gov/online_services/search/Business_Registration_ResuIts 3/5 4/3/2020 North Carolina Secretary of State Search Results Senior Vice President Michael A. Lewis 299 1 st Avenue North St. Petersburg FL 33701 Assistant Secretary David S Maltz 550 S. Tryon Street Charlotte NC 28202 Senior Vice President Lee T. Mazzocchi 550 S. Tryon St. Charlotte NC 28202 Vice President David W. Mohler 400 S. Tryon St. Charlotte NC 28202 Assistant Secretary Robert T. Lucas , III 550 S. Tryon St. Charlotte NC 28202 President Marc E. Manly 550 S. Tryon St. Charlotte NC 28202 Vice President Daniel K. McRainey 526 S. Church St. Charlotte NC 28202 Executive Officer A. R. Mullinax 550 S. Tryon St. Charlotte NC 28202 Senior Vice President John W. Pitesa 550 S. Tryon St. Charlotte NC 28202 Senior Vice President Regis T. Repko 526 S. Church St. Charlotte NC 28202 Vice President L. Stanford Sherrill , Jr 550 S. Tryon St. Charlotte NC 28202 Assistant Secretary Karol P. Mack 550 S. Tryon St. Charlotte NC 28202 Executive Officer Marc E. Manly 550 S. Tryon St. Charlotte NC 28202 Senior Vice President Garry D. Miller 526 S. Church St. Charlotte NC 28202 President Paul R. Newton 411 Fayetteville St. Raleigh NC 27601 Vice President V. Nelson Peeler 526 S. Church St. Charlotte NC 28202 Senior Vice President Vice President Ronald R. Reising David A. Renner 550 S. Tryon St. 526 S. Church St. Charlotte NC 28202 Charlotte NC 28202 Senior Vice President Chief Accounting Officer Brian D. Savoy Brian D. Savoy 550 S. Tryon St. 550 S. Tryon St. Charlotte NC 28202 Charlotte NC 28202 Vice President Senior Vice President Mark L. Short Heath J. Shuler 550 S. Tryon St. 550 S. Tryon St. Charlotte NC 28202 Charlotte NC 28202 https:l/www.sosnc.govlonIine_services!searchlBusiness_Registration_ResuIts 4/5 413I2020 North Carolina Secretary of State Search Results Senior Vice President Harry K. Sideris 526 S. Church St. Charlotte NC 28202 Vice President Tom Silinski 550 S. Tryon St. Charlotte NC 28202 Vice President Robert A. Sipes 526 S. Church St. Charlotte NC 28202 Vice President David W. Sorrick 411 Fayetteville St. Raleigh NC 27601 Vice President Senior Vice President Vice President Catherine B. Stancombe Catherine S. Stempien Jeffrey M. Stone 550 S. Tryon St. 550 S. Tryon St. 550 S. Tryon St. Charlotte NC 28202 Charlotte NC 28202 Charlotte NC 28202 Executive Officer B Keith Trent 550 S. Tryon Street Charlotte NC 28202 President B Keith Trent 550 S. Tryon Street Charlotte NC 28202 Senior Vice President Alexander J. Weintraub 526 S. Church St. Charlotte NC 28202 President Lloyd M. Yates 550 S. Tryon St. Charlotte NC 28202 Stock Class: 99 SEE CERT Shares: 0 Par Value 0 Vice President Vice President Benjamin C. Waldrep 526 S. Church St. Charlotte NC 28202 James D. Wiles 550 S. Tryon St. Charlotte NC 28202 Executive Officer Lloyd M. Yates 550 S. Tryon St. Charlotte NC 28202 Executive Officer Jennifer L. Weber 550 S. Tryon St. Charlotte NC 28202 Assistant Secretary Nancy M Wright 550 S. Tryon St., DEC45A Charlotte NC 28202 Executive Officer Steven K. Young 550 S. Tryon St. Charlotte NC 28202 Chief Financial Officer Steven K. Young 550 S. Tryon St. Charlotte NC 28202 httpsalwww.sosnc.gov/online_services/searchBusiness_Registration_ResuIts 515 Official Appointments/Signatory Responsibility Initial Issue: May 8, 2006 Fifteenth Revision: 12/16/2019 Memo To: Subject: Julie K. Turner Thomas D. Ray Ed Burchfield Cecil T. Gurganus Steve Immel John Krakuszeski Ernest J. Kapopoulos James Wells James M. Mosley Robert T. Simril Vohn N. Peeler Brett Phipps Tim Thiemann Jeffrey R. Swartz Kim E. Maza Brian C Woody Vice President Carolinas Natural Gas Generation Site Vice President McGuire Site Vice President Oconee Vice President Edwardsport Vice President Carolinas Coal Generation Site Vice President Brunswick Site Vice President Robinson Vice President EHS Programs & Env Sciences Vice President Midwest Generation Site Vice President Catawba Senior Vice President Chief Transmission Officer Managing Director, Fuel Procurement GM CCP Project Management Vice President Florida Generation Site Vice President Harris Vice President Gas Operations Internal Correspondence of Official Appointments, Signatory Responsibility for Air and Water Permits, Clean Air and Water Act Requirements, RCRA, EPCRA, and TSCA reporting Certain environmental programs established under the Clean Air Act, Clean Water Act, Emergency Planning and Community Right -to -Know Act, Resource Conservation and Recovery Act, and Toxics Substances Control Act require that the owners and operators of each affected facility or supplier comply with these programs by appointing individuals to specific positions and assigning responsibilities to specific functions. Certain programs also require that the selection of a Designated Representative be made by an agreement binding on the owners and operators of the affected facility or supplier. The following federal programs and applicable state implementing regulations necessitate this Internal Correspondence: Acid Rain Program; Cross State Air Pollution Rule; Mercury and Air Toxics Standards Program; Greenhouse Gas Mandatory Reporting Rule; Federally Enforceable Permits and Compliance Certifications (Title V); National Pollutant Discharge Elimination System, and other water -related regulatory programs; Tier II Chemical Inventory Report (EPCRA); Resource Conservation and Recovery Act; Toxic Chemical Release Reporting; and Chemical Data Reporting Rule. This Internal Correspondence authorizes the persons, positions, and any successors in their positions, named in the attached programs and responsibility descriptions to act on behalf of Duke Energy Corporation including, but not limited to, Duke Energy Carolinas, LLC, Duke Energy Indiana, LLC, Duke Energy Kentucky, Inc., Duke Energy Florida, LLC, Duke Energy Progress, LLC, Duke Energy Ohio, Inc., Duke Energy Beckjord, LLC, Duke Energy or Piedmont Natural Gas Operations, Duke Energy Nuclear Operations, Duke Energy Renewables, Inc., or a subsidiary thereof, with respect to the described positions and responsibilities related to compliance with these programs. As company officers, we are acting on behalf of the facilities', Duke Energy or Piedmont Gas Operations', Duke Energy Renewables, Duke Energy Nuclear Operations' and Duke Energy Business Services' owners and operators in making these appointments. In the case of facilities co -awned with other companies, or operated on behalf of other companies, we make these appointments consistent with the �C ""` E JUN 11 2020 SY: Official Appointments/Signatory Responsibility Initial Issue: May 8, 2006 Fifteenth Revision: 12/16/2019 requirements contained within the Operating Agreements, Agreements of Representation, or any other applicable Agreements. Changes in representation for the Acid Rain Program, the Cross -State Air Pollution Rule, the Mercury and Air Toxics Standards Program and the Greenhouse Gas Mandatory Reporting Rule, will go into effect upon submittal of the appropriate, signed and certified forms to the U.S. EPA. This document supersedes all past appointments. If any need for revisions is identified, it should be communicated to the Managers, Environmental Programs Group and the regional EHS, Permitting & Compliance groups, as appropriate. Doug Esarunn Executive Vice President, Energy Solutions and President, Midwest/Florida Regions and Natural Gas Business Unit e Dhiaa M. Jamil Executive Vice President and Chief Operating Officer, Generation & Transmission C Harry Sideris Senior Vice President, Customer Experience & Services 2 Official Appointments/Signatory Responsibility initial Issue: May S, 2006 Fifteenth Revision: 12/16/2019 1. Acid Rain Program, Cross -State Air Pollution Rule, Mercury and Air Toxics Standards Program and Greenhouse Gas Mandatory Reporting Rule The fallowing programs require a representative be named for each affected facility — Program Program Representative's Title Representative's Acronym Title Acronym Acid Rain Program ARP "Designated Representative" ARP DR Cross State Air Pollution Rule CSAPR Designatedutian CSAPR DR Representative" Mercury and Air Toxics MATS NIA' NIA Standards Program Greenhouse Gas GHGMRR "GHG Designated GHG DR Mandatory Reporting Rule Representative" The Representatives assume responsibility for each program's compliance requirements including: Signing certain documents required by each program's provisions; • Providing applicable program correspondence and electronic reports to the EPA; • Acting as the EPA's primary point of contact for the programs; and, • Assuring sufficient emissions allowances are transferred into and held within the facility accounts for compliance purposes. 2. Designated Representative, Alternate Designated Representative, Authorized Account Representative and Alternate Authorized Account Representative Responsibilities Under the Acid Rain Program, the Cross -State Air Pollution Rule, the Mercury and Air Toxics Standards Program and the Greenhouse Gas Mandatory Reporting Rule, a Designated Representative, (DR), must be named and an Alternate Designated Representative, (ADR), may be named for each facility. For general allowance accounts established under the US EPA's system, an Authorized Account Representative, (AAR), must be appointed to oversee the accounts. An Alternate Authorized Account Representative, (Alt. AAR), may be appointed in addition. Applicable to each of the individuals appointed as DR, ADR, AAR and Alt. AAR, the following provisions apply: • The duties of the Designated or Alternate Representatives shall be those specified within the Clean Air Act or other applicable federal or state law as implemented by the applicable regulations. The Designated or Alternate Representatives shall represent and legally bind Duke Energy to the extent specified by applicable laws and regulations. Duke Energy shall provide appropriate support to the Designated or Alternate Representatives to allow them to carry out their duties hereunder; . The regulations for the above programs allow for the Alternate Representative to act if the Designated Representative is unavailable or otherwise unable to perform his/her duties. In the event that a submission, application, or action is required of the Designated Representative and he/she is unavailable, the facilities' owners and operators authorize the Alternate Representative to act on his/her behalf; and, • In addition, the Designated or Alternate Representatives are authorized, if permitted under the relevant regulations and emission programs, to name one or more employees of Duke Energy or 2 MATS does not require a Designated Representative. However certain emissions data required by MA'S Is reported using the same electronic tools utiiized by the Acid Rain, CSAPR and other programs. 3 Official Appointments/Signatory Responsibility Initial Issue: May 8, 2006 Fifteenth Revision: 12/16/2019 its affiliates as Agents for the purpose of discharging some or all of their rights and responsibilities regarding the facilities and/or general allowance accounts. The Representatives may identify outside contractors as agents in the limited role of retrieving monitoring plans. The Designated Representatives, the Alternate Representatives and their Agents are the only individuals that can transfer allowances into and out of the accounts. Duke Energy, by granting all necessary authority to the Designated Representatives, the Alternate Representatives and their Agents to carry out the duties and responsibilities of said positions, agrees to be fully bound by and liable for any actions, inactions or submissions made by the Designated Representatives, the Alternate Representatives and/or their Agents acting in their respective capacities as such, and further agrees to be bound by any orders issued to the Designated Representatives, the Alternate Representatives or their Agents by the EPA or any other federal or state regulatory agency or a court having appropriate jurisdiction over the account(s). Notwithstanding the foregoing, Duke Energy retains the right to contest the validity of any such order in accordance with law. The Designated and Alternate Representatives shall not be liable to Duke Energy, whether in contract, tort, negligence, strict liability or otherwise, for the costs, damages, fines and penalties associated with their actions or failure to act under this Agreement except for any costs, damages, fines or penalties caused by the intentional, wrongful conduct or gross negligence of the Designated and/or Alternate Representatives which materially affects Duke Energy. The Designated and Alternate Representatives may authorize report coordinators & Agents as permitted by regulatory requirements. 3. Selection of Designated Representatives, Alternate Designative Representative, Authorized Account Representative, and Alternate Authorized_ Account Representative The following individuals have been selected and authorized on behalf of the facilities' owners and operators. Steve Immel will act as the ARP DR, the CSAPR DR and the GHG DR for the following regulated coal generation facilities owned or operated by Duke Energy Carolinas, LLC and Duke Energy Progress, LLC, or a subsidiary thereof — Belews Creek Steam Station, CRIS Code 8042 Cape Fear Plant, CRIS Code 27082 Cliffside Steam Station, CRIS Code 27212 G G Allen Steam Station, CRIS Code 2718 H B Robinson Plant, CRIS Code 32512 Marshall Steam Station, CRIS Code 2727 Mayo Plant, CRIS Code 6250 Riverbend Steam Station, ORIS Code 27322 Roxboro Steam Electric Plant, CRIS Code 2712 Cecil T. Gurganus will act as the ARP DR, the CSAPR OR and the GHG DR for Edwardsport IGCC, owned and operated by Duke Energy Indiana, LLC.2 Julie K. Turner will act as the ARP DR, the CSAPR DR and the GHG DR for the following regulated natural gas facilities owned or operated by Duke Energy Carolinas, LLC and Duke Energy Progress, LLC, or a subsidiary thereof — 2 These stations have generating units that are retired. Under the Glean Air Act, these units will continue to receive certain emissions allowances. In order to utilize the emission allowances, Duke Energy must appoint a Designated Representative. 4 Official Appointments/Signatory Responsibility Initial Issue: May 8, 2006 Fifteenth Revision: 12/16/2019 Asheville Plant, ORIS Code 27062 Blewett Plant, ORIS Code 2707 Buck Steam Station, ORIS Code 27202 Dan River Steam Station, OBIS Code 27232 Darlington County Plant, ORIS Code 32502 H F Lee Steam Electric Plant (within the Wayne County, H F Lee Energy Complex), OBIS Code 27092 Lincoln Combustion Turbine Station, OBIS Code 7277 L V Sutton Plant, (within the L V Sutton Energy Complex), ORIS Code 27132 Mill Creek Combustion Turbine Station, ORIS Code 7982 Richmond County Combustion Turbine Facility, (within the Sherwood H. Smith Jr. Energy Complex), OBIS Code 7805 Rockingham County Combustion Turbine Facility, OBIS Code 55116 W H Weatherspoon, ORIS Code 27162 W S Lee Steam Station, OBIS Code 32642 James M. Mosley will act as the ARP DR, the CSAPR DR and the GHG DR for all regulated steam fleet facilities and all regulated combined cycle and combustion turbine fleet facilities owned or operated by Duke Energy Indiana, LLC3, Duke Energy Kentucky, Inc.°, or a subsidiary thereof. Tim Thiemann will act as the ARP DR, the CSAPR DR and the GHG DR for Duke Energy Beckjord, LLC2. Jeffrey R. Swartz will act as the ARP DR, the CSAPR DR and the GHG DR for all regulated steam fleet facilities and all regulated combined cycle and combustion turbine fleet facilities owned or operated by Duke Energy Florida, LLC, or a subsidiary thereof, and any retired units within this jurisdiction.2 Jaynes Wells will act as the ADR and the Alt. AAR for each of these programs for all regulated facilities owned or operated by Duke Energy Carolinas, LLC, Duke Energy Indiana, LLC, Duke Energy Kentucky, Inc., Duke Energy Florida, LLC, and Duke Energy Progress, LLC, or a subsidiary thereof, the Edwardsport Generating Station, as well as Duke Energy Beckjord, LLC. He also will act as the GHG ADR for all regulated transmission and distribution systems owned or operated by Duke Energy Carolinas, LLC, Duke Energy Indiana, LLC, Duke Energy Kentucky, Inc., Duke Energy Florida, LLC, and Duke Energy Progress, LLC, or a subsidiary thereof, as well as the GHG ADR for the gas operations, owned or operated by Duke Energy Ohio, Inc., Duke Energy Kentucky, Inc., Piedmont Natural Gas - North Carolina, Piedmont Natural Gas - South Carolina, and Piedmont Natural Gas - Tennessee, or a subsidiary thereof. Vohn N. Peeler will act as the GHG DR for all regulated transmission and distribution systems owned or operated by Duke Energy Carolinas, LLC, Duke Energy Indiana, LLC, Duke Energy Kentucky, Inc., Duke Energy Florida, LLC, and Duke Energy Progress, LLC, or a subsidiary thereof. Brian C Woody will act as the GHG DR for the gas operations, owned or operated by Duke Energy Ohio, Inc., Duke Energy Kentucky, Inc., Piedmont Natural Gas - North Carolina, Piedmont Natural Gas - South Carolina, and Piedmont Natural Gas -Tennessee, or a subsidiary thereof. 3 Wabash River has been retired and responsibilities have been transferred from FHO to CCP MW Reg Demo & Retirement. However, the DR identified for Duke Energy Indiana, LLC will remain as the DR for purposes of the Emissions Allowance programs. 4 Duke Energy Kentucky, Inc continues to own unit 6 at Miami Fort Generating Station. Unit 6 was retired In 2015. Duke Energy Kentucky, Inc will continue to receive certain emission allowances for unit 6. Official Appointments/Signatory Responsibility Initial Issue: May 8, 2006 Fifteenth Revision: 12/16/2019 Brett Phipps will act as the Authorized Account Representative, AAR, for all regulated US EPA general allowance accounts established by Duke Energy Carolinas, LLC, Duke Energy Indiana, LLC, Duke Energy Kentucky, Inc., Duke Energy Florida, LLC, and Duke Energy Progress, LLC, or a subsidiary thereof. 4. Clean Air Act Title V Permits and Compliance Certification Program All Clean Air Act Title V affected facilities are to be represented by an individual who meets the definition of "Responsible Official" (RO). All Title V Permit required reports or correspondence are to be signed by a RO. The specific responsibilities of the RO include: • Signing and certifying all Title V submittals (including permit applications, reports, and annual compliance certifications); . Assuring the necessary resources are committed to the facility to provide for operation in compliance with all regulatory and permit requirements; and, - Verifying on -going compliance or resolving any non-compliance. The following individuals have been selected and authorized on behalf of the facilities' owners and operators. For the regulated facilities owned or operated by Duke Energy Carolinas, LLC, Duke Energy Indiana, LLC, Duke Energy Kentucky, Inc., Duke Energy Florida, LLC, Duke Energy Progress, LLC, Piedmont Natural Gas - North Carolina, or a subsidiary thereof, RO responsibilities will be performed by the incumbent Managers or Vice Presidents, or their successors. 40 CFR 70.2, and related state regulations, allow the appropriate officers of the corporation to directly delegate RO responsibilities to an individual who is in charge of the overall operation of a facility and meets the specific requirements of the regulations. In addition, the appropriate officers also may obtain RO delegation approval through correspondence with the proper state agencies. These additional delegations shall be coordinated with the Manager, Environmental Programs Group. With the exception of the state of Florida, any report that is submitted by a RO may also be submitted by an individual who is his superior within the organization. If a Manager or Vice President is unavailable, then the person appointed to temporarily fill his role, his successor, or designee, will act on his behalf. In the state of Florida, a superior within the organization (or any other individual) cannot submit reports on the RO's behalf without first being authorized by the primary RO as an alternate RO. All ROs are designated by submitting the "Responsible Official Notification Form" (DEP Form No. 62-213.900(3)) to the agency. Correspondence to and from State Agencies Responsible Officials are authorized to sign all correspondence that the facility Title V permit requires to be certified. Facility Affected Decommissioned Units A separate Responsible Official, such as a Manager from the decommissioned unit, may sign and submit required reports as well as other required documents. 5. National_ Pollutant Discharge Elimination System Program and Other Water -Related Regulato, y Programs NPDES Applications 0 Official Appointments/Signatory Responsibility Initial Issue: May 8, 2006 Fifteenth Revision: 12/16/2019 NPDES permit applications shall be signed and certified by: 1) a "Responsible Corporate Officer" (CO); or, 2) the position of Manager (such as a station manager, plant manager, general manager, production manager, etc.) of one or more operating facilities from which the permitted discharge(s) originates. The CO must delegate these responsibilities to personnel in Manager - level positions for them to be authorized for permit application signatory responsibilities in accordance with applicable corporate procedures. (40 CFR 122,22) A CO is defined as a president, secretary, treasurer, or vice-president in charge of a principal business function, or other person who performs similar functions for the corporation. NPDES Reports Certain formal reports required by the NPDES permit, (including Discharge Monitoring Reports), and other information requested by the Permit Issuing Authority requiring facility certification, shall be signed and certified by the CO or delegated Manager or by a duly authorized representative of the CO or Manager such as station superintendent, operations manager, etc. (40 CFR 122.22) The authorization must be in writing by the CO or Manager. The duly authorized representative position must have responsibility for the overall operation of the permitted facility or have overall responsibility for environmental matters for the company. Other Related Information The NPDES Compliance or Water Programs Managers, their respective designees, or when unavailable and as last resort to avoid noncompliance, the Environmental Coordinators, may submit other reports, information, or correspondence to the Permit Issuing Authority where certification is not requested by the agency, or is unnecessary per normal practice and/or precedent. Events and associated correspondence that qualify in this category may be variable and specific to the State regulatory agency with oversight and thus, specific examples cannot be given that would be accurate in all situations. Reporting and signatory practices as outlined by the direct permitting authority are to be followed. The following responsibilities have been assigned and authorized on behalf of the facilities' owners and operators. For the regulated facilities owned or operated by Duke Energy Carolinas, LLC, Duke Energy Indiana, LLC, Duke Energy Kentucky, Inc., Duke Energy Florida, LLC, Duke Energy Progress, LLC, or a subsidiary thereof, CO responsibilities will be performed by Managers, Vice Presidents, successors, or designees of the generating organization. If a Manager or Vice President is unavailable, then the person appointed to temporarily fill his role, his successor, or designee, will act on his behalf. This change shall be coordinated with the Managers, Environmental Programs Group and regional EHS, Permitting & Compliance Groups, as applicable. Permitting and compliance under NPDES and other water regulatory program requirements should continue under the existing processes that apply to the facilities. Any application or report that needs to be submitted by a CO or Manager also may be submitted by an individual who is his superior within the organization. This Internal Correspondence authorizes general managers, project managers, project directors, distribution project specialists, and manager, privatization projects to act on behalf of Piedmont Natural Gas Operations with respect to signature and decisions responsibilities related to water permits, NPDES, US Army Corp of Engineers, and other federal, state and/or local water -related regulatory programs. This signatory authority 7 Official Appointments/Signatory Responsibility Initial Issue: May 8, 2006 Fifteenth Revision: 12/16/2019 should only be exercised after the project personnel have consulted with Environmental Services (Subject Matter Experts and/or Field Personnel). This delegation does not apply to signature authority below the General Manager, Gas Major Projects, position for any compliance related documents such as correspondence or certifications related to Notices of Violations (NOVs), Notices of Deficiencies (NODS), Notices of Intent to Enforce or similar compliance or enforcement related documents. Correspondence to and from State Agencies Responsible Corporate Officers are authorized to sign all correspondence that the facility NPDES permit requires to be certified. Other Water -Related Permit Applications, Permit Reports, or Regulatory Information Required by Various Water Regulatory Programs Applications, reports and other related information shall be signed in accordance with the above procedures unless the applicable requirements allow otherwise. 6. Nuclear Site Air and Water Environmental Compliance Reports, permit applications and other documents required under the air and water programs for the non -co -located nuclear sites of Brunswick, Catawba, Harris, McGuire, and Oconee will be signed by the Site Vice President. If allowed by permit and/or regulation, the Site Vice President can authorize the Plant Manager as the signatory. For the co -located sites of Crystal River and H B Robinson, the air program documents will be signed by the steam fleet or regulated combined cycle and combustion turbine fleet responsible officials who meet the requirements in section 4 above. Also for these sites, the water program documents will be signed by the relevant nuclear unit or fossil unit officials consistent with the requirements established in section 5 of this document. 7. Emergency Planning and Community Right to Know Act The Emergency Planning and Community Right -to -Know Act (EPCRA), also known as the Superfund Amendments and Reauthorization Act (SARA Title III), of 1986 requires the submission of information intended to inform the general public and the communities surrounding covered facilities about toxic chemicals. Section 312 of EPCRA requires the submittal of annual Tier 11 chemical inventory reports for certain Duke Energy facilities that store threshold volumes of hazardous substances. This information is to be submitted to State and local government agencies with specific information on the amounts and locations of hazardous chemicals present at a facility during the previous calendar year. Federal and State Tier II reporting requirements indicate that the owner or operator (or the officially designated representative of the owner or operator) must certify that all information included in the Tier 11 submission is true, accurate, and complete as follows: "I certify under penalty of law that I have personally examined and am familiar with the information and that based on my inquiry of those individuals responsible for obtaining the information, I believe that the submitted information is true, accurate, and complete." Duke Energy Corporation, or a subsidiary thereof, officially designates EHS Field Support Professionals, or program SME, or their managers, to sign and certify Tier 11 reports being I• Official Appointments/Signatory Responsibility Initial Issue: May 8, 2006 Fifteenth Revision: 12/16/2019 submitted electronically or by hard copy methods to State Emergency Response Commissions, Local Emergency Planning Committees and local fire departments as required. Section 313 of EPRCA requires the submission of information relating to the release of toxic chemicals. The information collected under this part is intended to inform the general public and the communities surrounding covered facilities about releases of toxic chemicals. Submissions require a signature from senior management officials certifying that they have reviewed the submittal and to the best of their knowledge, they believe the submitted information is true and accurate based upon reasonable estimates using data available to the preparer of the report. Duke Energy Corporation, or a subsidiary thereof, authorizes the Directors, Environmental Field Support or Vice President, EHS Programs and Environmental Sciences to sign and certify the submittal of Toxic Chemical Release Reports, or more commonly TRI Reports. 8. Chemical Data Reporting The Toxic Substances Control Act's (TSCA) Chemical Data Reporting (CDR) Rule requires manufacturers, including importers, to provide EPA information concerning the manufacturing, processing, and use of certain chemical substances listed on the TSCA Chemical Substance Inventory. Submissions under this rule are typically due every 4 years and submitted using e- CDRweb and EPA's Central Data Exchange (CDX). A separate Form U report for each facility that manufactures or imports a threshold volume of TSCA Inventory chemical substances must be prepared and a certification statement signed and dated by an authorized official of the submitter company. The authorized official must certify that the submitted information has been completed in compliance with the requirements of the CDR rule and that any confidentiality claims made on the Form U are true and correct. This certification statement applies to all the information supplied on the form and should be signed only after the form has been completed ` Duke Energy Corporation, or a subsidiary thereof, authorizes the Directors, Environmental Field Support or Vice President, EHS Programs and Environmental Sciences to sign and certify the submittal of Chemical Data Reports. 9. Resource Conservation and Recovery Act The Resource Conservation and Recovery Act (RCRA) gives EPA the authority to control hazardous waste from the "cradle -to -grave." This includes the generation, transportation, treatment, storage, and disposal of hazardous waste. RCRA also set forth a framework for the management of non- hazardous solid wastes. EPA consolidated all RCRA Subtitle C Reporting Instructions and Forms into one comprehensive document, Form 8700-12. This form is required to be submitted periodically and anytime conditions change at a facility which affects previously provided information. The form requires that the owner or operator (or the officially designated representative of the owner or operator) must certify that all information included in the submission is true, accurate, and complete as follows: "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 we Official Appointments/Signatory Responsibility Initial Issue: May 8, 2006 Fifteenth Revision: 12/16/2019 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." Duke Energy Corporation, or a subsidiary thereof, officially designates EHS Field Support Professionals, to sign and certify these RCRA submissions being submitted electronically or by hard copy to State Regulators as required. 10 Official Appointments/Signatory Responsibility Initial Issue: May 8, 2006 Fifteenth Revision: 12/16/2019 DISTRIBUTION: FHO Jay Chesser Jeff Klink_ Brett Phipps Dhiaa Jamil Steven Marchi iano Charles Dufen Customer Deli very Regis Repko Scott A Shaw Martin Williams Harpt Sideris Cecil Gur anus EHS Cameron Ritchie Scott L Batson Steve Immel Paul Draovitch Scott Davies Donald Broadhurst Julie Turner James Wells Thomas Bailey Howard Fowler James Mosley Steven Struble Jim Barfield Barry Anderson Randy Herrin David Ackerman CCP Gas O s Jeff rey Swartz Alan Madewell George Hamrick Doug Esamann Gary Cook Patricia West Tim Thiemann Sasha Weintraub TerEy Tuck Richard Baker Jessica Bednarcik Victor Ga lio Reginald Anderson Ed Sullivan Daniel Mc Rainey Brian Wood Dave Barnhardt Pat McCabe Tim Hill Adam Lon Rick Roper Zacha Hall Michael S Wertz Ran Smith Tom Copolo Daniel Landis Issa J Zarzar Marcus Koontz Matthew McMasters Carrie Koz rski Nuclear Keith Napier Garry Whisnant Jeff Dierker Thomas P Gillespie Chad Fritsch Kris Eisenrieth Debbie Nis el Steven D Capps Chris Lawhead Michael Lanning Cynthia Winston Kelvin Henderson Jeffery Hines Kitty Nap en Ed Burchfield Jason Talbott Steven Conner Tom Simril Jeff rey Flanagan Erika Tuchbaum Ernie Ka o oulos Andy Leinin er Joanie Cooke TomRa Glenn Moore i Cynthia Embach Kim Maza ' Brett Riggins Kim McDaniel John Krakuszeski Brian Powers Brandon Barr I Transmission Mike Vorderbrueggen Anne Pifer Nelson Peeler Garth Woodcox Watt Grant Sam Holeman Martin Dran o Michael Geers Glenn S Dooley Michael Rabs Randy Wooten Minh Callaway David McAgy Penn Franklin Tim Abbott Jeffrey Hart Maverick Raber FSO C Wayne Toms B an Moeller John Verderame Mitchel Beason Linda Hickok Joseph McCallister FileNet — EHS Doc. #1-14 Dept. 43367 Record Code ADM-30-12 RR#347836 Duke Energy Environmental — Environmental Programs Group SharePoint Duke Energy Environmental Services SharePoint 11 DUKE ENERGY, MAY 2 8 2019 Serial: RA-19-0250 Information Processing Unit Attn: Electronic Signature Agreements 1617 Mail Service Center Raleigh, North Carolina 27699-1617 Subject: Brunswick Steam Electric Plant, Unit Nos. 1 and 2 Duke Energy Progress, LLC Brunswick Steam Electric Plant (NC0007064) Electronic Signature Agreement - eDMR Dear Sir or Madam: Beunswick Nuclear Want P.O. Box 1 L%129 Southpon, NC 28461 As per your instructions, enclosed is the original Electronic Signature Agreement form for Duke Energy Progress's Brunswick Steam Electric Plant — NPDES Permit Number NC0007064. Please refer any questions regarding this submittal to Mr. Marty McGowan at (910) 832-2538 or Mr. Don Safrit at (919) 546-6146. Sincerely, Karl Moser Plant Manager Brunswick Steam Electric Plant Enclosure: Electronic Signature Agreement Form North Carolina Beverly Eaves Perdue Governor Mr. Edward L. Wills, Jr., Plant General Progress Energy Carolinas, Inc, Brunswick Steam Electric Plant P.O. Box 10429 Southport, North Carolina 28461 C Dear Mr. Wills: A letter of request for Alithorizati Division, and final plans and specificatio to be satisfactory. Authorization is hereb; existing Brunswick Steam Electric Plant collected storm water into the wet detentl Outfall 005), which flows to the Atlantic This authorization results in no for the construction of the following sF Construction of a new storm wat Spent Fuel Storage Installation ( concrete basin, dual 600 gpm pu main pipe terminating in the exi; associated yard piping and appul specifications, and other support Department of Environment and 1617 Mast Service Conlar, Raleigh, Noah Camba 2709.1617 Location: 512 N. SdOtiry SI. RaMp, North Catortna 276N Phone: 919-607.6300 % FAX: 919-807-64921 Customs Serv>ce: Intemel, www.nmlaffWity.org An E4ud flPPWw+h 1 Alrimrotive Action EmpOysr of Environment and Natural Resources )n of Water Quality beeen H, Sullins Dee Freeman Director Secretary 16, 2009 Authorization to Construct A to C No. 007064AOI Progress Energy Carolinas, Inc. Brunswick Steam Electric Plant Storm Water Detention Basin System Brunswick County to to Construct was received April 17, 2009, by the s for the subject project have been reviewed and found granted for the construction of modifications to the torm water detention system, with discharge of )n pond, which discharges to the Intake Canal (via )cean below the Cape Fear River Basin. se in design or permitted capacity and is awarded modifications: detention basin system to serve the Independent FSI) consisting of an approximately 86,000 gallon ps, approximately 1,000 linear feet of 8-inch force ng 39-acre wet detention (stabilization) pond, and►>yrfy snances, in conformity with the project plans, SUN g data subsequently filed and approved by the By. , ?� lateral Resources. y NaNurally eCarolina Mr. Edward L. Wills, Jr., Plant General July 16. 2009 Page 2 This Authorization to Construct h lissucd in accordance with Part 111, Paragraph A of NPDES Permit No. NCO007064 issued F bniary 21, 2008, and shall be subject to revocation unless the wastewater treatment facilities constructed in accordance with the conditions and limitations specified in Permit No. NCOO The sludge generated from these qeatment facilities must be disposed of in accordance with G.S. 143-215.1 and in a manner app ved by the Division, In the event that the facilities fail perform satisfactorily, including the creation of nuisance conditions, the Permittee shall t e immediate corrective action, including those as may be required by the Division, such as the c nstruction of additional or replacement wastewater treatment or disposal facilities. The Wilmington Regional Office, elephone number (910) 796-7215, shall be notified at least forty-eight (48) hours in advance of operation of the installed facilities so that an on site inspection can be made. Such nodficatio to the regional supervisor shall be made during the normal office hours from 8:00 a.m, until :00 p.m. on Monday through Friday, excluding State Holidays. Upon completion of construction d prior to operation of this permitted facility, a certification must be received from a pro ssional engineer certifying that the permitted facility has been installed in accordance with the DES Permit, this Authorization to Construct and the approved plans and specifications. Mail i ie Certification to: Construction Grants & Loans, DWQIDENR, 1633 Mail Service Center, fkaleigh, NC 27699-1633. Upon classification of the facility y the Certification Commission, the Permittee shall employ a certified wastewater treatment 1 ant operator to be in responsible charge (ORC) of the wastewater treatment facilities. The oper for must hold a certificate of the type and grade at least equivalent to or greater than the clas ification assigned to the wastewater treatment facilities by the Certification Commissio The Permttee must also employ E ertified back-up operator of the appropriate type and grade to comply with the conditions of T 5A:80.0202. The ORC of the facility must visit each Class I facility at least weekly and each C ass II,11I and IV facility at least daily, excluding weekends and holidays, must properly m i iage the facility, must document daily operation and maintenance of the facility, and must con iply with all other conditions of TISA:8G.0202. A copy of the approved plans and pecifications shall be maintained on file by the Permittee for the life of the facility. Mr. Edward L. Wills, Jr., Plant General July 16, 2009 Page 3 During the construction of the continue to properly maintain and op( and in such a manner, as necessary to Permit. d additions/modifications, the permittee shall existing wastewater treatment facilities at all times, with the effluent limits specified in the NPDES You are reminded that it is manda ry for the project to be constructed in accordance with the North Carolina Sedimentation Po Ilution Control Act, and when applicable, the North Carolina Dam Safety Act. In addition, th specifications must clearly state what the contractor's responsibilities shall be in complying wit these Acts. Prior to entering into any contract ) for construction, the recipient must have obtained all applicable permits from the State. Failure to abide by the requireme s contained in this Authorization to Construct may subject the Permittee to an enforcement alt31-215.6C. on by the Division in accordance with North Carolina General Statute 143-215.6A to The issuance of this Authorizatio to Construct does not prcclude the Permittee from complying with any and all statutes, rules regulations, or ordinances which may be imposed by other government agencies (local, state, a Id federal) which have jurisdiction. One (1) set of approved plans any questions or need additional info. number (919) 715-6206. kp:sr cc: Richard Collier, P.E., Enercon, 2 Brunswick County Health Depar DWQ Wilmington Regional Off DWQ, Technical Assistance and DWQ, Point Source Branch, NP! Ken Pohlig, P.E. ATC File ,ilications is being forwarded to you. If you have please contact Seth Robertson, P.E. at telephone Sincerely, /* Coleen H. Sullins N. Front Street, Wilmington, NC 28401 Surface Water Protection iification Unit i Program Progress Energy Carolinas, Inc. Brunswick Steam Electric Plant A To C No, 007064AOI Issued July 16, 2009 I., State of North Carolina, having been author construction of the modifications and imprc located on Higbway 87, Southport in Bruns to the best of my abilities, due care and dill construction: Construction of a new storm water Spent Fuel Storage Installation (IS' concrete basin, dual 600 gpm purni main pipe terminating in the exisft associated yard piping and appurte specifications, and other supportin Department of Environment and N I certify that the construction of the above substantial compliance and intent of the al Signature Date Send to: Construction Grants DENR/DWQ 1633 Mail Service Raleigh, NC 27699- Certification a duly registered Professional Engineer in the I to observe (periodically/weekly/full time) the nents to the Brunswick Steam Electric Plant, k County for Progress Energy, hereby state that, .e was used in the observation of the .following ,tention basin system to serve the Independent I) consisting of: an approximately 86,000 gallon approximately 1,000 linear feet of 8-inch force 39-acre wet detention (stabilization) pond, and aces, in conformity with the project plans, lata subsequently filed and approved by the iral Resources. :ed project was observed to be built within plants and specifications. Registration No. Loans VN4ArFR� r J Rram. MNI Mr. Edward I..11m11s, Jr., Plant Manager Brunswick Steam Electric Plant P.O. Box 10429 Southport, North Carolina 28461 Dear Mr. Wills: Division personnel have reviewed Accordingly, we are forwarding the attached requirements of North Carolina General Sta Carolina and the U.S. Environmental Protez This final permit includes no major Michael F. Easley 1 (,n �y�.Q.�� ri Governor William G. Ross, Jr., Secretary Noah Carolina Department of Environment and Natural Resources Coleen H. SuIlins, Director Division of Water Quat'ity Febntary 21, 2008 Subject: Issuance of NPDES Pen -nit NOXX7064 Brunswick Steam Electric Plant Brunswick County pproved your application for renewal of the subject permit. DES discharge permit. This pewit is 13sued pu;suant to the 143-215.1 and the Memorandbitc oFAgreementbetween North Agency dated October 15. 2007 (or as subsequently amended). from the draft petaiit sent to you on October 10, 200. .'. If any parts, rxmemuremesnt &equenri or sampling requirements contained in this permit are unacceptable to you, you have the right to an adjodieatory h ' g upon written requestvithin thirty (30) days following roceipt of this letter. This request must be in the form of a itten petitiosi, conforming to Chapter 150B of the North Carolina General Statutes, and filed with'the Office o dministrative Hearings (6714 Mari Service Center, Raleigh, North. Carolina 27699-6714). Unless such demand made, this decision shall be final and binding. Please note that this permit is not tm modification or revocation and reissttance o other permirs which may be required by the Resources, the Coastal Area Management A required. If you have any questions concur (919) 733-5083, extension 594. cc: NPDES Files Wilmington Regional Office / Surface I& Roosevelt Childress, EPA Region Environmental Sciences Brimcb, Biolo North Carolina Division of Marine FIs N. C. Division of WOW 00041 ii 1617 Mad Service Center, PwwkA Nr. i Intetriet �4.esu. isferable except after notice to the Division. The DivW(?n may require he p=niL This permit does not affect the legal requirements to obtain ivision of Water Quality, or permits required by -the Division of Land or any other Federal or Local governmental permit that may be g this pcmmit, please contact Sergei Chemiikov at telephone number Sincerely, Coleen H. Sullins Protection Assessment Unit s, Wilmington Regional Office Phone: (919) 733Z= face (919) 733-0719 DENR Customer Service Center. t BW 623-7748 STA DEPARTMENT OF EN TO In compliance with the provision of T and regulations promulgated and Commission, and the I Carolina Power & is hereby authorized to Permit NCO007064 OF NORTH CAROLINA tONNIENT AND NATURAL RESOURCES N OF WATER QUALITY PERMIT WASTEWATER UNDER THE MDES) i Carolina General Statute 1432IS. 1, other lawful standards oted by the North Carolina Environmental Management ml Water Pollution Control Act, as amended, t Company dlbla Progress Energy t rolinas, Inc. barge wastewater from outfalls located at the Brunswi Steam Electric Plant NC EU hway 87, Southport B nswick County to receiving waters designated as the with effluent limitations, monitoring and V hereof. This permit shall become effective This permit and authorization to Signed this day February 21, 2008. Dii By Ocean below the Cape Fear River Basin in accordance Lents, and other conditions set forth in Parts I, II, III, IV 1, 2008. shall expire at midnight on November 30, 2011. I Sullins, Director i of Water Quality Lority of the Environmental Management Commission TO PERMIT COVER SHEET Carolina Power & Light ompany d/b/a/ Progress Energy Carolinas, Inc is hereby authorized: 1. to continue operating a 1,900 M cooling water system consisting of an intake structure, 9.6 milcs of intake and effluent canals cone d via internal Outfalls 00land 002,, circulation pumps, siphons under the mtra-coastal waterway, discharge pump station at Oak Island, and firm discharge conduits terminating 2,000 feet offshore; . necessary appurtenances to withdraw cooling water from the Cape Fear River near Saow Marsh, thereby to discharge cooling water into the Atlantic Ocean; and 2. to continue operating and disch domestic wastewater treatment v-notch weir ,.,measuring device, 3. to continue discharging via inten 0.036 MOD Support Services do an influent duplex pump station, aeration basins, two (2) clarifier pump, baffled chlorine contact c weir measuring device; and 4, to continue to discharge treated m stomawatcr (Outfall 005) to the I 5_ to contimie operating a diversion '6. to continue operating find -mesh; pump bays; and 7. to continue to operate an intalx p 8.1 to discharge stormwater from Os classified as Class SC-Sw-HQW 9. to discharge stormwater, wastewate Intake Canal, and Discharge Can located at the Brunswick Steam Elet All discharges shall conform to the attache Part 1: Wastewater Moultorin Part II: Stormwater Moniterin Part III: Standard Conditions fi Part IV: Other Requirements Part V: Annual Administering via internal Outfall 004 (see attached map), a 0.055 MGD (WWTP) consisting of influent pumps, bar screen, effluent flow ion tank, secondary clarifier and chlorination char be4 and Outfa11010 (see attacbed.map), and continue operating the m6sting mtic W WTP (previously permitted under NC0083895) consisting of mually cleaned bar screen, flow EQ basin, flow splutter box, two (2) " (2) tertiary filters, aerobic sludge digenor with airlift sludge nber with one (1) tablet chlorinator, and an efilumrt flow v-notch cleaning wastes (Outfall 006), treated low vohune wastes and o Canal; and located at the mouth of the intake canal; and as described under Part I, A..(L) Outfalis 001 and 002 at intake ap system to minimize intake flow rate; and ills 007, 008, and 009 (see attached map) into Nancy's Creek, rters within the Cape Fear River Basin; and and cooling water via internal outfails from said treatment works, (see Attachment 1) into the Atlantic Ocean, Class SB waters; is Plant on NC Highway 87, Southport, Brunswick County, schedules: Controls and 14mftatiious for Permitted Dist lrarges Controls and Limitations for Permitted Discharges NPDES Permits Compliance Monitoring Fee Requirements This permit does not reheve'the permrittee responsibility to comply with any other applicable federal, state or local law, rule, standard, ordinance, ordor, judgement or decree: Permit NC00D7064 A. (4.) EFFLUENT LIMYTAT ONS AND MONITORING REQUIREMENTS [0051 During the period beginning on the eff five date of the permit and lasting until expiration, the Pemrittee is authorized to discharge stornnvater, m Hal cleaning wastes, low -volume wastes, and cooling tower blowdown (if installed), through Outf 1005. Such discharges shall be limited and monitored by the Pon-nittee as specified below: Monthly Average Daily Maximum Measurement Fre penty Sample Type Sample Location Flow Weekly Instantaneous Effluent Total Suspended Solids 30.0 m IL 45.0 m /L Weeks Grab Effluent Oil and Grease 15.0 mg/L 45.0 mg1L Weekly Grab Effluent A. (5.) EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS 10061 During the period beginning on the eff five date of the permit and lasting until expiration, the Permitice is authorized to discharge Metal Cleaning] Wastes through Outfall 006. Such discharges shall be limited and monitored by the Pen-nittee as specified low: •..t-�. imp.. �.i1'J MonthlyDaily Avera aaximum 712o".0 Measurement Fre uenc Sample a Sample Location TotalSus nded Solids 30.0 IL0.0 m IL E isodic Grab Effluent Oil and Grease 15.0 mg/L mglL Episodic Grab Effluent Total Copper 1.0 mglL 1.0 mg1L Episodic Grab Effluent Total Iron 1.0 mglL 1.0 mglL Episodic Grab Effluent A. (6.) QUALITATIVE During the period beginning on the effe authorized to discharge stormwater frc monitoring requires a qualitative inspec status, for the purpose of evaluating the new sources of stormwater pollution. IS outfalls does not need to be performed c MONITORING REQUIREMENTS 10071 ve date of the permit and lasting until expiration, the Pcnnittee is E the Trash Separation Area through Outfall 007. Qualitative �n of each stormwater outfall, regardless of representative out falI Tectiveness of the Storrnwater Pollution Prevention Plan and assessing analytical tests are required. Qualitative monitoring of stormwater ring a representative storm event. w'3 raw i - ! ♦ -. ` .. {.••i `1. % 4 �� '�-� 7- 1-i '..ice �. ; Ri Color Seml-Annual Stormwater Uscharge Outfall Odor Semi -Annual Stnrmwater DischM Outfall Clarlty Seml-Annual Stounwater Discharge Ouffall Floatinn Solids Semi -Anna] Stormwater Dis&aMe Outfall Suspended Solids Semi -Annual Stormwater DIscharge Outfall Foam Semi -Annual Stormwater Disch Ouffall 01 Sheen SernMnnuat Stormwater DisOarge Quff l Other obvious indicators of stormwater pollution Semi -Annual Stormwater Discharge Outfall Notes: l� 1. Qualitative monitoring will be perfo ed twice per year, once in the spring (April 1- June 30) and once in the fall (September 1- November 30). Discharge at the outfall shall contain no oating solids or foam visible in other than trace amounts. ! Part I Page Q l 0. Progress, Energy APR 16 2909 SERIAL: BSEP 09-0029 Mr. Daniel M. Blaisdell North Carolina Division of Construction Grants and Lc 1.633 Mail Service Center Raleigh, NC 27699-1633 Quality Subject: Authorization Construct Application for a Storm Water System Carolina Powex and Light Company d/b/a Progress Energy Carolinas, Inc. Brunswick Sted u Electric Plant, Unit Nos. 1 and 2 NPDES Pen -nit No. NC0007064 Dear Mr. Blaisdell: Carolina Power & Light Coml Carolinas, Inc., is installing a I Independent Spent Fuel Storal (BSEP). The ISFSI will be co flat concrete pad. The purpos, Authorization to Construct AI ISFSI. Technical information The only discharge associated from the impervious surface o through a pipeline to an onsite permitted as Outfall 005 in thf storm water, metal cleaning w BSEP intake canal. There wil I certify, under penalty of law, my direction or supervision in personnel properly gather and the person or persons who ma gathering the information, the belief, true, accurate, and com submitting false information, i knowing violations. Please refer any questions ref or Mr. Marty McGowan at (9 Progress Energy Carolinas, Inc. Brunswick Nuclear Plant PO Box 10429 Southport, NC 28461 my (CP&L), now doing business as Progress Energy :w dry spent fuel storage installation, termed the Installation (ISFSD, at the Brunswick Steam Electric Plant structed on the plant property and will consist of a two acre of this letter is to request approval of the enclosed �lication'for a storm water system associated with this upporting this application is also enclosed. vith the ISFSI will be storm water.. Storm water runoff the pad will be collected in a catch basin and pumped 39 acre wet detention pond. The -wet detention pond is BSEP's NPDES permit. Outfall 005 collects other onsite stes, and low volume wastes, and discharges them to the be no waste water discharge from the ISFSI pad. this document and all attachments were prepared under )rdance with a system designed to assure that qualified uate the information submitted. Based on my inquiry of the system, or those persons directly responsible for rmation submitted is, to the best of my knowledge and I am aware that there are significant penalties for (ding the possibility of fines and imprisonment for ing this submittal to Mr. Steve Cahoon at (919) 546-7457, 457-2538. Mr. Daniel M. Blaisdell BSEP 09-0029 / Page 2 Please refer any questions reg or Mr. Marty McGowan at (9 Enclosures ing this submittal to Mr. Steve Cahoon at (919) 546-7457, 457-2538. Sincerely, Edward L. Wills, Jr. Plant General Manager Brunswick Steam Electric Plant CAROLINA POWER & LI INDEPENDENT SPENT STORMW COMPANY D/B/A PROGRESS ENERGY OLINAS, INC L STORAGE INSTALLATION (ISFSI) COUNTY, NC DESIGN NARRATIVE Prepared for: STEAM ELECTRIC PLANT P.O. Sox 10429 rt, North Carolina 28461 Prepared by: &CIZEED North Front Street nington, NC 28401 (910)343-1048 #0159-0230 (40) October 2008 Independent Sp GENERAL INFORMATION Project NaMe Independent Spent Fuel Storage Fuel Storage Installation (ISFSI) (ISFSI) Project Location Brunswick Steam Electric Plant P.O. Box 10429 NC Highway 87, Southport Brunswick County, North Carofinfl 28461 0159-0230 (40) Project Acreage 89,400-sf (2.052-ac) No wetlands exist within the r ject Qwner Carolina Power & Light An Independent Spent Fuel Sto: northeast comer of the existing Pr to the east and Industrial Land independent reinforced concrete which provide access to the pad storage capacity for (108) 61BTF inside NUHOMS® concrete Hori consists of two (2) rows of 27 DSC STORMWATER INFORMAT The ISFSI area is currently a gentl through sheet flow, into a series existing Stabilization Pond and NPDES Permit NC0007064, to ti stormwater is conveyed through Caswell Beach Pumping Station Atlantic Ocean (Class SB water). existing point discharge and ter 005 is not a new outfall and this area Progress Energy Carolinas, Inc. ;e Installation (ISFSI) is proposed just outside the !cted Area (PA) between the cool water Intake Canal [ area to the west. The ISFSI consists of two (2) orage pads in conjunction with adjoining aprons, The two (2) reinforced concrete pads will provide pent Fuel Dry Shielded Canisters (DSC) contained ztal Storage Modules (HSM) — Model H. Each pad [SM units. )N sloping gravel area that conveys stormwater runoff, of swales. Collected runoff is then pumped to the imately discharges through Outfall 005, as noted in Intake Canal. The final discharge of the treated e plant's discharge channel, through the plant, to the via the Discharge Canal, and eventually into the "he discharge point within the Atlantic Ocean is an nates approximately 2000-ft from the shore. Outfall )roposed work would not require permitting by the NCDENR Division of Coastal anagement (DCM). The proposed LSFSI area will discharge through the existing Ou all 005. The proposed drainage area for t, a ISFSI Pad is 89,400-sf (2.052-ac) and is 100% built - upon -area (BUA). Sizing computations for the first 1.5-in of runoff show that a treatment volume of 10,616-cf is required. B ed on the sizing of the storage vault, the flow rate of the pumps and the large volume the Stabilization Pond, the first 1.5-in of runoff will be treated within the existing Stabi `zation Pond. The collection system for the ISF trenches and a central detention convey the detained runoff to the Intake Canal through Outfall 005 the 1-year, 24-hour storm event required storage for this event w provided within the detention va Pad is comprised of catch basins, piping, drainage ►ult. Two (2) 600-gpm pumps are to be provided to dsting Stabilization Pond for controlled release to the the detention vault was sized to provide storage of vith a total precipitation depth of 3.7-inches. The calculated to be 11,700-cf. The total storage volume is 11,782-cf. n No. ISFSI-0012 0 tit 2 2 co co 0 Q O 9 0 a gig ■ 2 s S Pin HIM f z O z w z J U z Y U_ CO z D m T 0 U z H cr- IL - D O U) LO T- O m CL aD U ro Q 0 N t i ..i Water Resources 1'an'srontnentaal Quality April 6, 2018 Mr. Karl Moser Plant Manager Brunswick Steam Electric Plant 11.0. Box 10429 Southport, North Carolina 28461 ROY COOPER (io t'e llnor MICHAEL S. REGAN .L'v['rc'.lur1' LINDA CUIIPEPPER haerirn Director Subject: Issuance of NPDES Permit Permit NCO007064 Brunswick Steam Electric Plant Brunswick County Facility Class I SIC Code 4911 Dear Mr. Moser: Division personnel have reviewed and approved your application for renewal of the subject permit. Accordingly, we are forwarding the attached NPDES permit. This permit is issued pursuant to the requirements of North Carolina General Statute 143-215.1 and the Memorandum of Agreement between North Carolina and the U.S. Environmental Protection Agency dated October 15, 2007 (or as subsequently amended). 1 The following changes were made to the draft permit sent to you on February 20, 2018: • Language for Fine Mesh Screens has been restored to Section A. (1) Effluent Limitations and Monitoring Requirements for Outfall 001. • Descriptive narrative has been revised for internal Outfalls 005 and 011 since the cooling tower blowdown was already installed [See A. (4) and A. (7)]. Please review carefully. • Reference for Special Condition A. (l 5) Radioactive Material was revised from "McGuire Nuclear Station" to "Brunswick Steam Electric Plant". • Limits for TSS and Oil and Grease for internal Outfalls 005 and 006 were mistyped in the draft permit, and corrections have been made [See A. (4) and A. (5)]. Since there is no proposed change for these limits from last permit, no public notice is required. The final permit maintains the following significant changes identified iri +—quLo$ `s nt on February 20, 2018: " 8Y State or North Carulintt I Environmental Quality I Water Resources 1617 Mai] Service Ccnler I Raleigh, Noi1h Carolina 27699-1617 919 807 6300 1'age 12 • Flow limits for Outfall 010 has been increased from 0.036 MGD to 0.150 MGD to accommodate consolidation of the two existing sanitary plants into one new larger sanitary plant as requested by the Permittee [See A. (6)]. • Special Condition A. (9) 316 (b) Requirements has been revised. • Special Condition A. (10) Biocides has been added to the permit. Please review it carefully. • Special Condition A. (1 1) Chemical Metal Cleaning Wastes has been added to the permit. Please review it carefully. • Special Condition A. (12) Combined Waste Streams has been added to the permit. Please review it carefully. • Special Condition A. (13) Federal insecticide, Fungicide, and Rodenticide Act has been added to the permit. Please review it carefully. • Special Condition A. (14) Polychlorinated Biphenyl Compounds has been added to the permit, accordingly the language for polychlorinated biphenyl compounds in Section A. (1) Effluent Limitations and Monitoring Requirements (Outfall 001) has been removed. • One effluent sample reported for mercury was less than detection, at a detection level of less than 0.2 µg/L. In accordance with the implementation of 2012 Statewide Mercury TMDL, future sampling for mercury should employ EPA method 1631E and analyze mercury down to the lower reporting level of 1 ng/L. No limits or additional monitoring; requirements for mercury were added to the permit at this time. • Federal regulations require electronic submittal of all discharge monitoring; reports (DMRs) and program reports. The requirement to continue reporting discharge monitoring data electronically using the NC DWR's Electronic Discharge Monitoring Report (eDMR) internet application has been updated in the permit. [See Special Condition A. (16)] Regulatory citations have been added to the permit. 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 ol'Administrative Hearings (6714 Mail Service Center, Raleigh, North Carolina 27699- 6714). Unless such demand is made, this decision shall be final and binding. Please note that this permit is not transferable except after notice to the Division. The Division may require modification or revocation and reissuance of the permit. This permit does not affect the legal requirements to obtain other permits which may be required by the Division of- Water Resources or any other Federal, State, or Local governmental permits that may be required. Page �3 If you have any questions concerning this permit, please contact Bing Bai at (919) 807-6389 or via email at Bin-,.Bainncdenr.goy. Sincerely, Original Signed by Sergei Chernikov for Linda Culpepper Interim Director, Division of Water Resources, NCDEQ I-lardcopy: NPDBS Files Central Files DWR/Asheville Regional Office/Water Quality Ecopy: US EPA Region 4 DWR/Aquatic "Toxicology Branch/Susan Meadows DWR/Operator Certification Prograrn/Maureen Kinney Permit NC0007064 STATE OF NORTH CAROLINA, DEPARTMENT OF ENVIRONMENTAL QUALIT JUt-f Jy DIVISION OF WATER RESOURCES 1 gY PERMIT TO DISCHARGE WASTEWATER UNDER THE NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM In compliance with the provisions of North Carolina General Statute 143-215.1, other lawful standards and regulations promulgated and adopted by the North Carolina Environmental Management Commission, and the Federal Water Pollution Control Act, as amended, Duke Energy Progress, LLC is hereby authorized to discharge wastewater from a facility located at the Brunswick Steam Electric Plant NC Highway 87 Southport, North Carolina Brunswick County I to receiving waters designated as the Atlantic Ocean below the Cape Fear River Basin in accordance with effluent limitations, monitoring requirements, and other conditions set forth in Parts I, II, III and IV hereof. This permit shall become effective May 1, 2018. This permit and authorization to discharge shall expire at midnight on November 30, 2022 Signed this day April 6, 2018. Original signed by Sergei Chernikov for Linda Culpepper, Interim Director Division of Water Resources By Authority of the Environmental Management Commission Permit NCO007064 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, tite exclusive authority to operate and discharge from this facility arises under the permit conditions, requirements, terms, and provisions included herein. Duke Energy Progress, LLC is hereby authorized to: 1. To continue operating a 1,900 MGD cooling water system consisting of an intake structure, 9.6 miles of intake and effluent channel connected via internal Outfal1 001, circulation pumps, siphons under the intra- coastal waterway, a discharge pump station at Oak Island, and final discharge conduits terminating 2,000 feet off shore; all necessary appurtenances to withdraw cooling water from the Cape Fear River near Snow Marsh, and thereby to discharge cooling water into the Atlantic Ocean; and 2. to continue operating and discharging via internal Outfall 004 (see attached map), a 0.055 MGD domestic wastewater treatment plant (WWTP) consisting of influent pumps, bar screen, effluent flow v-notch weir measuring device, aeration tank, secondary clarifier and chlorination chamber; and 3. to continue discharging via internal Outfall 010 (see attached map), and continue operating a 0.150 MGD Support Services domestic WWTP consisting of an influent duplex pump station, manually cleaned bar screen, flow EQ basin, flow splitter box, two (2) aeration basins, two (2) clarifiers, two (2) tertiary filters, aerobic sludge digester with airlift sludge pump, baffled chlorine contact chamber with one ( I ) tablet chlorinator, and an effluent flow v-notch weir measuring device; and 4. to continue to discharge treated metal cleaning wastes (Outfall 006), extracted groundwater, treated low - volume wastes and stormwater (Outfall 005) to the Intake Canal; and 5. to continue operating a diversion fence located at the mouth of the intake canal; and 6. to continue operating fine -mesh screens at intake pump bays; and 7. to continue to operate an intake pump system to minimize intake flow rate; and 8. to discharge treated IOW -volume waste, stormwater and extracted groundwater from Outfail 01 1 to the Effluent Channel, and 9. to discharge extracted groundwater and seepage water from Storm Drain Stabilization Pond from Outfail 012 to the Effluent Channel, and 10. to discharge stormwater, wastewater, extracted groundwater, and cooling water via internal outfalls from said treatment works, Intake Canal, and Effluent Channel into the Atlantic Ocean, Class SB waters, located at the Brunswick Steam Electric Plant on NC Highway 87 in Southport, Brunswick County. Page 2 of 12 Permit NCO007064 Part I A. (1) EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS [Outfall 0011 [15A NCAC 0213.0400 et seq., 15A NCAC 0213.0500 et seq.] Beginning on the effective date of this permit and lasting until expiration, the Permittee is authorized to discharge once -through cooling and non -contact service water through Outfall 001. Such discharges shall be limited and monitored' by the Permittee as specified below: Discharge Limitations Monitoring Requirements Parameter Daily Maximum Measurement Sample Sample Frequency Type Location Cooling Water Flow 3 a 1,844 cubic feet per second Continuous Pump Logs / December l — March 31 Recording g Cooling Water Flow 2,210 cubic feet per second 3,a Continuous nt PuLogs / p b April 1 —June 30 Recording Cooling Water flow . a 2,335 cubic feet per second .• Continuous Pump Lobs / July 1 — September 30 Recording g Cooling Water blow i 2,210 cubic feet per second -, Continuous Pump Pump Logs / October l — November 30 g pi -I Between 6.0 and 9.0 Standard Units Weekly Grab Effluent Notes: I. The permittee shall submit discharge monitoring reports electronically using the NC DWR's eDMR application system [see A. (16)]. 2. Unless otherwise specified, the Permittee shall sample the combined effluent from both units. During periods of outages the Permittee may maintain minimum unit flows required for the safe and efficient operation & maintenance of plant systems. 3. At times when the system demand is within 200 MW of available system reserves, the Permittee may suspend flow limitations upon notice to the Regional Supervisor. Notice shall include anticipated flow rates and an estimate of the duration of flow rates in excess of those otherwise allowed. 4. The Daily Maximum flow limit is suspended for twenty-four hours after changing once -though cooling water valve/pump configuration. DIVERSION FENCE — A diversion fence located at the mouth of the intake canal shall be continuously operated and maintained in such a manner as to minimize impingement. A biological monitoring program shall be continued which will provide sufficient inforrnation to allow for a continuing assessment of the impact of the Brunswick Steam Electric Plant on the Cape Fear estuary, with particular emphasis on the marine fisheries. Data shall be reported annually and slialI include an interpretive summary report assessing the effectiveness of the diversion fence, and the effectiveness of flow minimization and fine mesh screens to curtail organism impingement and entrainment. The Director shall approve any major changes in the biological monitoring program. FINE MESH SCREENS —The plant shall continue to operate 42 fine mesh screen panels for each of the 4 Circulating Water Intake Pumps (CWIPs) for each unit and eight (S) coarse mesh screen panels for each of the 4 CWIPs for each unit for a total of 50 screen panels for each CWIP per unit. Page 3 of 12 Permit NCO007064 If the CWIPs are in jeopardy of tripping as a result of high differential pressure across the traveling screens, the fine mesh screens may be temporarily removed to prevent or mitigate unplanned decreases in power or plant trips. The fine mesh screens will be reinstalled when conditions permit the CWIPs to sustain continuous operation. Should flow through a traveling screen with more than eight (8) coarse mesh panels be necessary for any reason the Permittee shall provide explanation in the monthly report stating the cause(s), duration and corrective action(s) taken by the plant. CHLORINE — There shall be no discharge of Total Residual Chlorine (total residual oxidants) at the ocean outfall. Total Residual Chlorine or total residual oxidants are to be measured monthly at the Caswell Beach Pump Station by a grab sample, 'I'CMPCRATURE — Cooling -water system facilities shall be effectively maintained and operated so as to meet the temperature standards assigned to the Atlantic Ocean: 0.8°C (1.44°F) increase above ambient water temperature during the months June through August; 2.2°C (3.967) increase above ambient water temperature during the months September through May. In no case should the temperature exceed 32°C (89.6°F) due to the discharge of heated liquid measured three (3) feet below the water surface except within the following defined mixing zones: (a). The temperature increase above ambient water temperature shall not exceed 7°F outside an area of 120 acres included within the plume extending from the point of discharge. (b). The temperature increase above ambient water temperature shall not exceed 0.8°C (1.44°F) increase above ambient water temperature during the months of June through August; 2.2°C (3.96°F) increase above ambient water temperature during the months of September through May. 1n no case should the temperature exceed 32°C (89.6°F) outside an area of 2000 acres. (c). The temperature increase above ambient water temperature at the bottom (defined as one foot above the ocean floor) shall not exceed 7°F for more than 1000 feet from the point of discharge, nor for an area of more than four (4) acres. Temperature monitoring at the ocean discharge shall be conducted semiannually, once during the months of April - November and once during the months of December - March. Reactor power levels should be at least 85% for each unit on the date of monitoring. If it is determined by this Division that the water quality standards or conditions of this permit are being violated or being threatened (within 90% of the limitations or standards), additional monitoring may be required. Temperature shall be monitored within a 2320-acre rectangular mixing zone defined by two (2) sampling grids: one .near the ocean surface (three feet below the water surface) and the second near the bottom (one foot above the ocean floor). Temperatures shall be recorded at locations sufficient in number to establish compliance with Water Quality Standards. The Permittee shall likewise establish and report ambient temperatures beyond each grid by averaging four (4) temperature measurements -- each measurement to be taken approximately 1500 feet beyond a different mixing -zone corner on a baring approximately 135' relative to each sampling grid except for the corners closest to the shoreline which are to be taken 1500 feet from the grid parallel to the shoreline. Discharge at the ocean outfall shall contain no floating solids or visible foam in other than trace amounts. Page 4of12 Permit NCO007064 A. (2) EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS linternal Outfall 0031 [; 15A NCAC 02B.0400 et seq., 15A NCAC 02B.0500 et seq.] Beginning on the effective date of this permit and lasting until expiration, the Permittee is authorized to discharge Radwaste Treatment System effluent through Outfall 003. Such discharges shall be limited and monitored' by the Permittee as specified below: Parameter Discharge Limitations Monitoring Requirements Monthly Avera c Daily Maximum Measurement Frequency Sample Type Z Sample Location Flow Annually Instantaneous Influent or Effluent Total Suspended Solids 30.0 mg/L 100.0 mg/L Annually Grab Effluent Oil and Grease 15.0 mg/i, 20.0 mg/L Annually Grab Effluent Notes: 1. "The permittee shall submit discharge monitoring reports electronically using the NC DWR's eDMR application system [see A. (16)]. 2. To determine permit compliance, the Permittee shall collect samples of Radwaste Treatment discharge prior to mixing with other sources of wastewater. A. (3) EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS lInternal Outfall 0041 [15A NCAC 0213.0400 et seq., 15A NCAC 02B.0500 et seq.] Beginning on the effective date of this permit and lasting until expiration, the Permittee is authorized to discharge treated domestic wastes from the onsite Wastewater "Treatment Plant through Outfall 004. Such discharges shall be limited and monitored' by the Permittee as specified below: Parameter Discharge Limitations i Monitoring Requirements Monthly Average Daily Maximum Measurement FrequencySample Type Z Sample Location Flow 0.055 MGD Monthly Instantaneous Influent or Effluent BOD, 5-Day, 20 °C 30.0 mg/L 45.0 mg/L Monthly Grab Effluent Total Suspended Solids 30.0 mg/L 45.0 mglL Monthly Grab Effluent Notes: 1. "The permittee shall submit discharge monitoring reports electronically using the NC DWR's eDMR application system [see A. (16)]. 2. To determine permit compliance, the Permittee shall sample plant effluent prior to miring with other waste streams. laxplanation: MGD = million gallons per day BOD = biochemical oxygen demand Page 5 of 12 Permit NCO007064 A. (4) EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS [Internal Outfall 0051 1'15A NCAC 02B.0400 et seq., 15A NCAC 02B.0500 et seq.] Beginning on the effective date of this permit and lasting until expiration, the Permittee is authorized to discharge extracted groundwater, stormwater, metal cleaning wastes, low -volume wastes, and cooling tower blowdown through Outfall 005. Such discharges shall be limited and monitored' by the Permittee as specified below: Parameter Discharge Limitations Monitoring Requirements Monthly Average Daily Maximum Measurement Frequency Sample Type Sample Location Flow Once per discharge event Instantaneous Effluent Total Suspended Solids 30.0 mg/L 100.0 mg/L Once per discharge event Grab Effluent Oil and Grease 15.0 ntg/L 20.0 mg/L Once per discharge event Grab Effluent Notes: 1. The permittee shall submit discharge monitoring reports electronically using the NC DWR's eDMR application system [see A. (16)]. A. (5) EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS [Internal Outfall 0061 [15A NCAC 02B.0400 et seq., 15A NCAC 02B.0500 et seq.] Beginning on the effective date of this permit and lasting until expiration, the Permittee is authorized to discharge Metal Cleaning Wastes through Outfall 006. Such discharges shall be limited and monitored' by the Permittee as specified below: Parameter Discharge Limitations Monitoring Requirements Monthly Average Daily Maximum Measurement Frequency Sample Type Sample Location Total Suspended Solids 30.0 mg/L 100.0 mg/L Episodic Grab Effluent Oil and Grease 15.0 mg/L 20.0 mg/L Episodic Grab Effluent Total Copper 1.0 In L 1.0 mg/L Episodic Grab Effluent Total Iron 1.0 mg/L 1.0 nig/L Episodic Grab Effluent Notes: I. The permittee shall submit discharge monitoring reports electronically using the NC DWR's eDMR application system [see A. (16)]. Page 6 of 12 Permit NC0007064 A. (6) EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS [Internal Outfall 0101 [I 5A NCAC 02B.0400 et seq., 15A NCAC 02B.0500 et seq.] Beginning on the effective date of this permit and lasting until expiration, the Permittee is authorized to discharge treated domestic wastes frorn the onsite Support Facilities Wastewater Treatment Plant through Outfall 010. Such discharges shall be limited and monitored' by the Permittee as specified below: Parameter Discharge Limitations Monitoring Requirements Monthly Average Daily Maximum Measurement to uenc Sample Type Sample Location z Flow 0.150 MGD Monthly Instantaneous Influent or Effluent BOD, 5-Day, 20 °C 30.0 mglL 45.0 ntg/L Monthly Grab Effluent Total Suspended Solids 30.0 mg/L 45.0 inglL Monthly Grab Effluent Notes: 1. "['he permittee shall submit discharge monitoring reports electronically using the NC DWR's eDMR application system see A. (16)]. 2. To determine permit compliance, the Permittee shall sample plant effluent prior to mixing with other waste strearns. A. (7) EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS linternal Outfall 011[ I:l 5A NCAC 0213.0400 et seq., 15A NCAC 02B.0500 et seq.] Beginning on the effective date of this permit and lasting until expiration, the Permittee is authorized to discharge extracted groundwater, stormwater, metal cleaning wastes, 1ow-volu111e wastes, and cooling tower blo,wdown through Outfall 011. Such discharges shall be limited_ and monitored' by the Permittee as specified below: Parameter Discharge Limitations Monitoring Requirements Monthly Averse Daily Maximum Measurement Frequency Sample Type Sample Location Flow Once per discharge event Instantaneous Effluent Total Suspended Solids 30.0 mg/L 100.0 mglL Once per discharge event Grab Effluent Oil and Grease 15.0 mg/L 20.0 mglL Once per discharge event Grab Effluent Notes: I. The permittee shall submit discharge monitoring reports electronically using the NC DWR's eDMR application systern [see A. (16)]. Page 7 of 12 Permit NCO007064 A. (8) EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS [Internal Outfall 012] [15A NCAC 02B.0400 et seq., 15A NCAC 02B.0500 et seq.] Beginning on the effective date of this permit and lasting until expiration, the Permitter is authorized to discharge extracted groundwater and seepage water from Storm Drain Stabilization Pond through Outfall 012. Such discharges shall be limited and monitored' by the Permittee as specified below: Parameter Discharge Limitations Monitoring Requirements Monthly Average Daily Maximum Measurement Frequency Sample Type Sample Location Flow Weekly Instantaneous Effluent Total Suspended Solids 30.0 mg/L 100.0 mg/L Monthly Grab Effluent Notes: I. The permittee shall submit discharge monitoring reports electronically using the NC DWR's eDMR application system [see A. (16)]. A. (9) 316 (b) REQUIREMENTS The Permittee shall comply with the Cooling Water Intake Structure Rule per 40 CFR 125.95. The Permittee shall submit all the materials required by the Rule with the neat renewal application. Copies of all the study plans, study results, and any other applicable materials should be submitted to: (1) Electronic Version Only (pdf and CD) Division of Water Resources WQ Permitting Section — NPDES 1617 Mail Service Center Raleigh, NC 27699-1617 (2) Electronic Version (pdf and CD) and Hard Copy Division of Water Resources Water Sciences Section 1623 Mail Service Center Raleigh, NC 27699-1623 The Permittee shall continue to properly operate and maintain the CWIS. A. (10) BIOCIDES [G.S. 143-215, 143-215.1] The permittee shall not use any biocides except those approved in conjunction with the pertnit 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 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 a new biocide into an OUtfall currently being tested for toxicity. Page 8 of 12 Permit NC0007064 A. (11) CHEMICAL METAL CLEANING WASTES "Ihe term "chemical metal cleaning waste" means any wastewater resulting from the cleaning of any metal process equipment with chemical compounds including, but not limited to, boiler tube cleaning. A. (12) COMBINED WASTE STREAMS [40 CFR 432.12 (b)(13)] In the event that waste streams from various sources are combined for treatment or discharge, the quantity of each pollutant or pollutant property attributable to each controlled waste source shall not exceed the specified limitation For that waste source. A. (13) FEDERAL INSECTICIDE, FUNGICIDE, AND RODENTICIDE ACT Discharge of any product registered under the Federal Insecticide, Fungicide, and Rodenticide Act to any waste stream which may ultimately be released to lakes, rivers, streams, or other wastes of the United States is prohibited unless specifically authorized elsewhere in this permit. This requirement is not applicable to products used for lawn and agricultural purposes. Discharge of chlorine from the use of chlorine gas, sodium hypochlorite, or other similar chlorination compounds for disinfection in plant potable and service water systems and in sewage treatment is authorized. A. (14) POLYCHLORINATED BIPHENYL COMPOUNDS [40 CFR 432. 13 (a)] "]'here shall be no discharge of polychlorinated biphenyl compounds such as those commonly used for transformer fluid. A. (15) RADIOACTIVE MATERIAL Releases of radioactive material shall be monitored and conducted in accordance with all conditions and limitations required by the Nuclear Regulatory Commission (NRC) and as specified in the Final Safety Analysis Report, Technical Specifications, and Environmental Statement for Brunswick Steam Electric Plant. A. (16) ELECTRONIC REPORTING OF MONITORING REPORTS [G.S. 143-215.1(b)] Federal regulations require electronic submittal of all discharge monitoring reports (DMRs) and program reports. The final NPDES Electronic Reporting Rule was adopted and became effective on December 21, 2015. NOTE: "]'his special condition supplements or supersedes the following sections within Part 11 of this permit (Stwidcrrd Conditions for NPDF_S Permits): • Section B. (11.) • Section D. (2.) • Section D. (6.) • Section E. (5.) Signatory Requirements Reporting Records Retention Monitoring Reports 1. Reporting Requirements ISunerscdes Section D. (2.) and Section E. (5.) (a)j Page 9 of 12 Permit NCO007064 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 monlh(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 AT'EENEION: Central Files 1617 Mail Service Center Raleigh, North Carolina 27699-1617 If it 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 `'Flow to Request a Waiver front Electronic Reporting" section below. Regardless of the submission method, the first DMR is due on tine 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. 'Elie permittee play 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)l. 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: httus://www,1'ederalreListcr.L,ov/clocuntents/2015/ 10/22/2015-24954/national-DO]lutant-discharge-el i mination- system-npdes-electronic-reportin,,-rule Page 10 of 12 Permit NCO007064 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: htip://deq.nc.gov/about/divisions/water-resources/edmr a. Signatory Requirements ISuonlem_ents Section B. (11.) (b) and Sulpersedes Section B. (11.) (d)i All eDMRs submitted to the permit issuing authority shall be signed by a person described in Part II, Section B. (1 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 i 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: littp://deq.nc.gov/about/clivisions/water-resources/etimr 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: "1 certify1 wider pettedly of lavv, that this document card all catachnlellts were prepared [muter my direction or supervisiolr in accordance m,ilh a ,System desigiie'd to assure that Cptlll f e'd per.v011r7e'l properly Awthe'r aml evaluate the 11 f)rmatiorl Submitted. i3ased on my inquiry of the per'sorl or persons IMo maalage thes1ystelal, 01" those persotis directly responsible fir gathering the nfor'lncrtlorl, the 1njbmiallon submitted is, to the best of my knowledge and belief, trite, accurate, and complete. l and aware that there are sigrnfCant petlallies for sltblmltllrg fdse n formatio11, hichtding the possibility of f ne's arld imprison ine'111 for kr7owbig vfolatlom. " 5. Records Retention [Supplements Section 1). (6.)I 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 122.41:1. Page 11 of 12 Pen -nit NCO007064 Brunswick Steam Electric Plant USGS Quad Name: L26 KEISouthport NC Lat.: 33°53' 31" keceivingStream':Atlantic.Ocean L6ng.:7800T.22 Stream Clas§: S8 Subbasin: Cape Fear— 03-06-17 NCO007064 Facility ` Location i, North NPDES Permit Standard Conditions Page I 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. 1lynass The known diversion of waste streams from any portion of a treatment facility including the collection system, which is not a designed or established or operating mode for the facility. Calendar Day The period from midnight of one day until midnight of the next day. However, for purposes of this permit, any consecutive 24-hour period that reasonably represents the calendar day may be used for sampling. Calendar Week The period, from Sunday through the following Saturday. Calendar Quarter One of the following distinct periods: January through March, April through June, July through September, and October through December. Composite SwUle A sample collected over a 24-hour period by continuous sampling or combining grab samples of at least WO 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 taxed at no greater than 1/24 of the expected total daily flow at the treatment system, or FQN ,SUN 11 2020 BY. Version 1110912011.2 NPDES Permit Standard Conditions Page 2 of 18 (4) Constant time/constant volume: a series of grab samples of equal volume collected over a 24-hour period at a constant time interval. Use of this method requires prior approval by the Director. This method may only be used in situations where effluent flow rates vary less than 15 percent. The following restrictions also apply: i 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. Pert ittees 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 Tile 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 Watcr Resources, Department of Environmental Quality. Effluent Wastewater discharged following all treatment processes from a water pollution control facility or other point source whether treated or untreated. EMC The North Carolina Environmental Management Commission EPA The United States Environmental Protection Agency Facility Closure Cessation of ail 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). Version 1110912011.2 NPDES Permit Standard Conditions Page 3 of 18 Hazardous Substance Any substance designated under 40 CPR Part 116 pursuant to Section 31 1 of the CWA. Instantaneous flow measurement The now 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 Authorit`r 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 doge 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 ail "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. Cencral Conditions I. 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 permit renewal application [40 CPR 122.411. 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 tinder 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 Version 1110912011.2 NPDIS Permit Standard Conditions Page 4 of 18 imprisonment of not more than I 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 ol'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) ofthe 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 I I violations are not to exceed $16,000 per day for each day during which the violation continues, with the maximum amount of any Class 11 penalty not to exceed $177,500. [33 USC 13 19(g)(2) and 40 CFR 122A 1(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)]. Civil and Criminal Liability Except as provided in pentlit conditions on "Bypassing" (Part 11.CA), "Upsets" (Part II.C.S) and "Power Failures" (Part I1.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. , 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 31 l 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. Version 111OK011.2 NPDI3S Permit Standard Conditions Page 5 of 18 7. Se_verability 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 150I3-23]. 8. Duty to Provide Information The Permittee shall furnish to the Permit Issuing Authority, within a reasonable time, any information which the Permit Issuing Authority may request to determine whether cause exists for modifying, revoking and reissuing, or terminating this permit or to determine compliance with this permit. The Permittee shall also furnish to the Permit Issuing Authority upon request, copies of records required by this permit [40 CFR 122.41(h)]. 9. Duty to Reapply If the Permittee wishes to continue an activity regulated by this permit after the expiration date of this permit, the Permittee must apply for and obtain a new permit [40 CFR 122.41(b)]. 10. Expiration of Permit The Permittee is not authorized to discharge after the expiration date. In order to receive automatic authorization to discharge beyond the expiration date, the Permittee shall submit such information, forms, and fees as are required by the agency authorized to issue permits no later than 180 days prior to tine 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 tine 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 it 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] Version 1110912011.2 NPDES Permit Standard Conditions Page 6 of 18 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 %vith any reports, information, or applications to be signed by an authorized representative [40 CFR 122.22] d. Certification. Any person signing a document under paragraphs a. or b. of this section shall make the following certification (40 CFR 122.22]. NO OTHER STATEMENTS OF CERTIFICATION WILL BE ACCEPTED: "I cert f,, 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 forgathering the information, the information submitted is, to the best of my knowledge and belief, true, accurate, and complete. 1 air aware that there are significant penalties for submitting false information, including the possibility offines and imprisonment for knowing violations. " 12, Permit Actions This permit may be modified, revoked and reissued, or terminated for cause. The filing of a request by the Permittee for a permit modification, revocation and reissuance, or termination, or a notification of planned changes or anticipated noncompliance does not stay any permit condition [40 CFR 122.41(f)]. 13. Permit Modification, Revocation and Reissuance, or Tennination 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 021-1 .0100; and North Carolina General Statute 143,215.1 et. al. 14. Annual Administering and Compliance Monitoring Fee_ Requirements The Perrittee 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 0211 .0105(b)(2) may cause this Division to initiate action to revoke the permit. Section C. Operation and Maintenance of Pollution Controls I. 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 [T I SA 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): ( I ) 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). Version 1110KO11.2 NPDES Permit Standard Conditions Page 7 of 18 (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 11, III and IV facility (or the Back-up ORC, when acting as surrogate for the ORC) must: i 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. 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 122A 1(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 Pernnittce 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 122.4l(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;tnaintenance to assure efficient operation. These bypasses are not subject to the provisions of Paragraphs b. ind c. of this section. b. Notice [40 CFR 122.41(m)(3)] ( l) Anticipated bypass. If the Permittee knows in advance ofthe 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 ILEA (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. Version 2110912011.2 NPDES Permit Standard Conditions Page 8 of 18 (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. 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 pen -nit. (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)J: 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 Pennittee 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 Representative Sa_mplina 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 effluentjoins or is diluted by any other wastestream, body of water, or substance. Monitoring points shall riot 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: Version 1110912011.2 NPDES Permit Standard Conditions Page 9 of 18 NC DEQ / 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 visit https://deq.nc.gov/about/divisions/water-resources/water- resources-data/water-sciences-home-page/laboratory-certification-branch for information regarding laboratory certifications. Facilities whose personnel are conducting testing of field-certificd 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 CI-R 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. y 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 pen -nit 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 122.411. 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 Version 1110912011.2 NPDES Permit Standard Conditions Page 10 of 18 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 122.411. 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 Reportinp, Requirements I. 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 122.4](]).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 I22.29(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(I)(2)]. 4. Transfers '['his permit is not transferable to any person without prior written notice to and approval from the Director in accordance with 40 CFR 122.6 1. The Director may condition approval in accordance with NCGS 143-215.1, in Version 1110912011.2 NPDES Permit Standard Conditions Page 1 1 of 18 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 122.4I(I)(3), 122.61] or state statute. 5. Monitoring, Reports Monitoring results shall be reported at the intervals specified elsewhere in this permit [40 CFR 122.41(I)(4)]. a. Monitoring results must be reported on a Discharge Monitoring Report (DMR) (See Part I I.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. S. 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 G-om 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 CPR 122.41(l)(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 (900) 958-0368 or (919) 733-3300. 7. Other Noncompliance The Permittee shall report all instances of noncompliance not reported under Part H.E.S and 6. of this permit at the time monitoring reports are submitted. The reports shall contain the information listed in Part ILEA. of this permit [40 Cl,R 122.41(l)(7)1. 8. Other Information Where the 1ermittee 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)1. 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 I V.C.2.c. of this permit. 10. Availability of Reports Except for data determined to be confidential under NCGS 143-215.3 (a)(2) or Section 308 of the Federal Act, 33 USC 1318, all reports prepared in accordance with the terms shall be available for public inspection at the offices Version 1110912011.2 NPDLS Permit Standard Conditions Page 12 of 18 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 ofthe Federal Act. 11. Penalties for I-alsifieation 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 122.411. 12. Annual Performance Reports Penmittees 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 DCQ / Division of Water Resources / Water Quality Permitting Section ATTENTION: Central Files 1617 Mail Service Center Raleigh, North Carolina 27699-1617 Version 1110912011.2 NPDES Permit Standard Conditions Page 13 of 18 PART I H 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 Pennittee is exempted from such AtC permit requirements under Item b. of this Section. b. In accordance with NCGS 143-215.1(a5) [SL 201 1-394]. 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. ChauF-es 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 aitiy toxic pollutant which is not limited in the permit, if that discharge will exceed the highest of the following "notification levels"; (I ) 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-dinitrophenoi and for 2-methyl-4,6-dinitrophenol; and one milligram per liter(] mg/L) for antimony; (3) hive 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 }tglL); (2) One milligram per liter (1 tnglL) 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. Version 1110912011.2 NPDES Permit Standard Conditions Page 14 of 18 PART IV SPECIAL CONDITIONS FOR MUNICIPAL FACILITIES Section A. Definitions In addition to the definitions in Part II of this permit, the following definitions apply to municipal facilities: Indirect Discharge or Industrial User Any non -domestic source that discharges wastewater containing pollutants into a POTW regulated under section 307(b), (c) or (d) of the CWA. [40 CFR 403.3 (i) and 0) and 15A NCAC 02H .0903(b)(1 1)] Interference Inhibition or disruption of the POTW treatment processes; operations; or its sludge process, use, or disposal which causes or contributes to a violation of any requirement of the Permittee's (or any satellite POTW's if different from the Permittee) NPDES, collection system, or non -discharge permit or prevents sewage sludge use or disposal in compliance with specified applicable State and Federal statutes, regulations, or permits. [15A NCAC 02H .0903(b)(14)] Pass Through A discharge which exits the POTW into waters of the State in quantities or concentrations which, alone or with discharges from other sources, causes a violation, including; an increase in the magnitude or duration of a violation, of the Permittec's (or any satellite POTW's, if different from the Permittee) NPDES, collection system, or non -discharge permit. [i5A NCAC 02H .0903(b)(23)] Publicly Owned Treatment Works (POTW) A treatment works as defined by Section 212 of the CWA, which is owned by a State or local government organization. This definition includes any devices and systems used in the storage, treatment, recycling and reclamation of municipal sewage or industrial wastes of a liquid nature. It also includes the collection system, as defined in 15A NCAC 2T .0402, only if it conveys wastewater to a POTW treatment plant. The term also means the local government organization, or municipality, as defined in section 502(4) of the CWA, which has jurisdiction over indirect discharges to and the discharges from such a treatment works. In this context, the organization may be the owner of the POTW treatment plant or the owner of the collection system into which an indirect discharger discharges. This second type of POTW may be referred to as a "satellite POTW organization." [15A NCAC 02H .0903(b)(26)] "Significant industrial User" or "SIU" An Industrial User that discharges wastewater into a publicly owned treatment works and that [15A NCAC 021-1 .0903(b)(33)]: 1. Discharges.an average of25,000 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, 'I'SS and ammonia; or 3. Is subject to categorical standards under 40 CFR Part 403.6 and 40 CFR Parts 405-47 I; 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 021-1 .0907(b), the Permittee may determine that an Industrial User meeting the criteria in paragraphs I 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 I5A 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 (POTW-s) Version 1110912011.2 NPDES Permit Standard Conditions Page 15 of 18 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 1110TW at the time of issuance of the permit. 3. For purposes of this paragraph, adequate notice shall include information on (1) the quality and quantity of effluent introduced into the POTW, and (2) any anticipated impact that may result from the change of the quantity or quality of effluent to be discharged from the POTW. Section C. Municipal Control of Pollutants from Industrial Users. Effluent limitations are listed in Part 1 of this permit. Other pollutants attributable to inputs from Industrial Users discharging to the POTW may be present in the Pennittee'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. 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)(I)] 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 (I04T) 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. "rhe written submission shaii 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, Version 11/09/2011.2 NPDES Permit Standard Conditions Page 16 of 18 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 1).Pretreatment Programs Under authority of sections 307 (b) and (c) and 402(b)(8) of the CWA and implementing regulations 40 CI- R 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 0211 .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 02FI .0903 and 40 CFR 403.3. 1. Sewer Use Ordinance (SUO) The Permittee shall maintain adequate legal authority to implement its approved pretreatment program. [I5A NCAC 0211 .0903(b)(32), .0905 and .0906(b)(1); 40 CFR 403.8(0(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 CI-R 403.8(0(2)(i-iii) and 15A NCAC 021-1 .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. Tile 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 Linder paragraph C.2.c. of this Part. [I5A NCAC 021-1 .0903(b)(13), .0905 and .0906(b)(2); 40 CFR 403.8(t)(2) and 403.9'1 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 ILD and II.E.5.). [15A NCAC 021.1 .0903(b)(16), .0906(b)(3) and .0905] 4. Headworks Analvsis (l-IWA) and Local Limits The Permittee shall obtain Division approval of a H WA 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 H WA or documentation of why one is not needed) [40 CFR 122.441. 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 Version 1110912011.2 NPDES Permit Standard Conditions Page 17 of 18 enforceable Pretreatment Standards as defined by 40 CFR 403.3(1). [15A NCAC 02H .0903(b)(10), .0905, and .0906(b)(4)] Industrial User Pretreatment Permits ([UP) & Allocation Tables In accordance with NCGS 143-215.1, the Permittee shall issue to all Significant Industrial Users, permits for operation of pretreatment equipment and discharge to the Permittee's 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 Percnittee shall maintain a current Allocation Table (AT) which summarizes the results of the HWA and the limits from all IUPs. Permitted IUP loadings for each parameter cannot exceed the treatment capacity of the POTW as determined by the HWA. [15A NCAC 021-1 .0906(b)(6), .0909, .0916, and .0917; 40 CFR 403.5, 403.8(f)(I)(iii); NCGS 143-215.67(a)] Authorization to Construct (AtQ The Percnittee 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 021-1 .0906(b)(7) and .0905; NCGS 143- 2 l 5.1(a)(8)] 7. POTW Inspection & Monitoring_oftheir 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 Cl- R 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 021-1 .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 403.121 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. [I5A NCAC 021-1 .0903(b)(7), .0906(b)(8) and .0905; 40 CFR 403.8(f)(5)] 10. Pretreatment Annual Reports (PAR) The Percnittee shall report to the Division in accordance with 15A NCAC 021-1 .0908. In lieu of submitting annual reports, Modified Pretreatment Programs developed tinder 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: Version 1110912011.2 NPDES Permit Standard Conditions Page 18 of 18 NC DEQ / Division of Water Resources/ Water Quality Permitting Section Pretreatment, Emergency Response, and Collection Systems (PERCS) Unit 1617 Mail Service Center Raleigh, North Carolina 27699-1617 "These reports shall be submitted by March 1 of each year and shall contain the following: a. Narrative A narrative summary detailing actions taken, or proposed, by the Permittee to correct significant non- compliance and to ensure compliance with pretreatment requirements; b. Pretreatment Program Summary_ (PPS) A pretreatment program summary (PPS) on forms or in a format provided by the Division; c. Significant Non -Compliance Report (SNCR) A list of Industrial Users (IUs) in significant noncompliance (SNC) with pretreatment requirements, and the nature of the violations on forms or in a format provided by the Division; d. Industrial Data Summary forms (IDSF) Monitoring data from samples collected by both the POTW and the Significant Industrial Users (SIUs). These analytical results must be reported on Industrial Data Summary forms (IDSF) or on other forms or in a format provided by the Division; e. Other Information Copies of the POTW's allocation table, new or modified enforcement compliance schedules, public notice of IUs in SNC, a summary ofdata or other information related to significant noncompliance determinations for IUs that are not considered SIUs, and any other information, upon request, which in the opinion of the Director is needed to determine compliance with the pretreatment implementation requirements of this permit; 11. Public Notice The Permittee shall publish annually a list of Industrial Users (IUs) that were in significant noncompliance (SNC) as defined in the Permittee's Division -approved Sewer Use Ordinance with applicable pretreatment requirements and standards during the previous twelve month period. This list shall be published within four months of the applicable twelve-month period. [ 15A NCAC 02H .0903(b)(34), .0908(b)(5) and .0905 and 40 CFR 403.8(f)(2)(viii)] 12. Record Keeping The Permittee shall retain for a minimum of three years records of monitoring; activities and results, along with support information including general records, water quality records, and records of industrial impact on the POTW and shall retain all other Pretreatment Program records as required by 15A NCAC 02Ff .0908(f). [15A NCAC 021-1 .0908(f); 40 CFR 403.12(o)] 13. Pretreatment Program Resources "file Permittee shall maintain adequate funding and qualified personnel to accomplish the objectives of its approved pretreatment program. and retain a written description of those current levels of inspection. [15A NCAC 0211 .0906(b)(9) and (10) and .0905; 40 CFR 403.8(0(3), 403.9(b)(3)] 14. Modification to Pretreatment Programs Modifications to the approved pretreatment program including but not limited to local limits modifications, POTW monitoring of their Significant Industrial Users (SIUs), and Monitoring Plan modifications, shall be considered a permit modification and shall be governed by 40 CPR 403.18, 15 NCAC 02H .0114 and 15A NCAC 021-1 .0907. 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